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14 Nov.
45
without
commission. I do not know whether it is possible, that is, legally
possible, subsequently to put Mr. Alfried Krupp on the list of the
principal war criminals. However, even if I were to let this legal
possibility open to discussion, I should like to call attention to the
following:
In view of the changed situation, it seems to me to
be a bit strange, to say the least, if Alfried Krupp were to be put on
the list as a principal war criminal now, not because he was marked as
one from the beginning, but because his father cannot be tried. I see in
that a certain game played by the representative of the United States
which cannot be sanctioned by the Court in my opinion.
In
addition, I wish to make the following brief remark:
In case a
supplementary indictment should be made against Alfried Krupp, and if I
were definitely charged with his defense, my conscience would oblige me
to request that the period of 30 days between the serving of the
Indictment and the main Trial as provided in Rule 2 (a), would have to
be kept under all circumstances.
Finally, I should like to
point out the following:
In conclusion, I should like to
emphasize that, so far as I am informed, the circumstances and facts
regarding the person of Alfried Krupp are basically different from the
circumstances concerning the person of the present defendant, Krupp
senior. In the documents that have been put at our disposal so far, and
which are bound in one volume, I have hardly found a single word about
any complicity or participation of Alfried Krupp in the crimes with
which Krupp senior is charged. I should also like to emphasize that, as
has already been discussed, Alfried Krupp became the owner of the Krupp
firm, I believe, only in November 1943 and that previously, from 1937 to
1943, he was merely director of one department of the entire concern,
but in this capacity he did not have the slightest influence on the
management of the firm, nor did he have anything to do with orders for
the production and delivery of war materials.
For the reasons
stated, I believe I am justified in expressing the wish to refrain from
introducing Alfried Krupp into this Trial of the principal war
criminals.
THE PRESIDENT: The Tribunal will adjourn now and
announce its decision on this application later.
[The
Tribunal adjourned until 15 November 1945 at 1000 hours.]
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