14 Nov. 45

SIR HARTLEY SHAWCROSS: Mr. President, I cannot dispute that, but our law of course contains no provision at all for trial in absentia. Express provision is made for such trials in the Charter constituting this Tribunal, provided that the Tribunal considers it in the interests of justice.

THE PRESIDENT: What exactly is it you are suggesting to us, that he should be tried in absence or that he should not be tried in absence?

SIR HARTLEY SHAWCROSS: Mr. President, we have suggested that advantage should be taken of the provision for trial in absentia, but as I said at the beginning, it is, as it appears to me, entirely a matter for the discretion of the Tribunal not one in which I wish to press any particular view.

THE PRESIDENT: Does the Chief Prosecutor for the Soviet Union desire to speak? You were authorized, I think, Mr. Justice Jackson, to speak on behalf of the Chief Prosecutor of the Soviet Union.

MR. JUSTICE JACKSON: I was authorized to state that they take the same position as the United States. I don't know that in answering their questions I would have always given the answers that they would have given. I understand, for example, that they do try cases in absentia, and I think their position on that would be somewhat different from the position I have given.

THE PRESIDENT: This question I asked you, of course, was directed solely to the Municipal Law of the United States. Does the Chef Prosecutor of the Soviet Union wish to address the Tribunal?

COLONEL Y. V. POKROVSKY (Deputy Chief Prosecutor for the U.S.S.R.: No.

THE PRESIDENT: Then does the Chief Prosecutor for the French Republic wish to address the Tribunal?

M. CHARLES DUBOST (Deputy Chief Prosecutor for the French Republic): It would be easy to justify the position taken today by the French Delegation by merely reminding oneself that on numerous occasions the French Delegation has advocated the immediate preparation of a second trial in order that it might; be possible to proceed with it as soon as the first trial was completed We could in this way have prosecuted the German industrialists without any interruption. This point of view has never been adopted. We have rallied to the point of view of the United States as being the most expedient and most susceptible of giving complete satisfaction to French interests. We are anxious that Krupp the son should be tried. There are serious charges against him, and no one could possibly understand that there should be no