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| Defense Request for
International Law Expert |
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On 7th
September the Defence Officers, commenced work and on 10th September a
conference was held by them. Subsequently a meeting was held which was attended
by an officer from the J.A.G.’s Department and by the Staff Captain
“A” of 43 Division. Certain requests for assistance were made by the
Defending Officers and a letter was despatched to 30 Corps District. The
material requests were that the Defending Officers should be allowed to seek
the services of a British and a Belgian expert on International Law, that the
expense should be borne by the public, and that the Defence should be supplied
with legal books, at the public expense, together with certain documents and
publications material to the matter at issue.
The request for an expert
on International Law has become one of the major points in the preparation of
the defence. After a certain number of telephone conversations we have been
told, first, that experts could not be brought from England and, later, that
they could be brought; that is, the Rhine Army would provide passages,
authorities and so forth, but the fees would have to be paid by the Defence.
Unfortunately this last information was received too late for the Defending
Officers' representative, who had already gone to London, to get a volunteer
expert to come here without remuneration. We have had the assistance of a Major
Woodhouse until yesterday when, we were informed, he had to leave. The Defence
now apply for Professor Lauterpacht of Cambridge University, or, failing him,
Professor Brierly of Oxford University, or, failing him, an English authority
on International Law to be nominated by Professor Lauterpacht, to be despatched
here at the earliest opportunity to advise and assist the Defence on matters of
International Law and, if required by us, to present an argument to the Court
on behalf of the Defence on any, points of International Law, that arise.
The JUDGE ADVOCATE — Is it your point that you would like to
attack the charge sheet but that you cannot do it until you have had expert
advice?
Major CRANFORD — Yes. We find ourselves in a considerable
difficulty in that between us we have very little knowledge of International
Law. It appears to us that there are some points on International Law which
arise in this case and we do not know where we are because we have not
sufficient knowledge to apply our minds to the points.
The JUDGE
ADVOCATE — Are you putting up a plea under Rule of Procedure 32, but
saying you would like to have that argued at a later stage m the proceedings
when you are in a position to do it?
Major CRANFORD — Yes.
The JUDGE ADVOCATE — The Rule says this: “The accused, when
required to plead to any charge, may object to the charge on the grounds
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