14 Nov. 45

representative in this trial of the greatest German industrial enterprise, as being one of the principal guilty parties in this war. We should have preferred that a second trial be made against the industrialists, but since this second trial is not to take place, we consider the presence of Alfried Krupp to be absolutely necessary.

THE PRESIDENT: What is the position, which you take up if the substitution of Alfried Krupp would necessarily lead to delays

M. DUBOST: I beg your pardon, Mr. President, but I believe you have in your hand a second note which I submitted this morning to the Court after having received a telephone call from Paris.

THE PRESIDENT: I have in my hand a document of 13 November 1945, signed by you, I think.

M. DUBOST: That is right.- There is, however, a supplementary note, which I submitted this morning, according to which I adopt the same viewpoint as that expressed by Mr. Justice Jackson. I was in fact able to find out between the document of last night and that of this morning the consequences that would be brought about . . .

THE PRESIDENT: Perhaps the best course would be to read this document which has now been put before us.

M. DUBOST: "We consider that the trial of Krupp's father is not possible at the present time. The trial of a dying old man who is unable to attend is out of the question. We are anxious that Krupp's son should be prosecuted for there are very serious charges against him. We had asked up to this point that he should be prosecuted without any delay in the trial, but for reasons of expediency which led us to adopt this point of view, this has ceased to be a pressing problem since the Soviet Delegation has adopted the point of view of Mr. Justice Jackson. Consequently we no longer raise any objection, and we likewise have come to this point of view."

THE PRESIDENT: Does what you say now mean that you wish Alfried Krupp to be substituted notwithstanding the fact that it must cause delay?

M. DUBOST: Yes, that's right.

THE PRESIDENT: Are you suggesting on behalf of France that Gustav should be tried in his absence or not?

M. DUBOST: No, no, not that, no.

THE TRIBUNAL (Mr. Volchkov): What does the French prosecutor and the French Republic offer so far as Gustav Krupp is concerned?

M. DUBOST: As to Krupp, the father, we consider it is not possible to prosecute him because of the state of his health; he will not be able to appear before the Court. He will not be able to defend himself. He will not be able to tell us about his acts.