 |
[en…] thusisastically described in the poetry of Walt Whitman.
One unfortunately finds that regrettable habit in some other parts of the
world, but I am told that one of the guiding principles of Your Honors’
country is to put a stop to the spreading of such methods. The chief counsel
for the prosecution reminded us in his opening statement that we have been told
from the Mountain to judge not that we be not judged. Listening to the rest of
his speech, and especially to his last sentence, I could not help feeling that
he had forgotten the profound wisdom of that rule.
The prosecution does
not hesitate to charge all the defendants with crimes against peace. They are
alleged to have planned, prepared, initiated, or waged wars of aggression, and
to have participated in a common plan or conspiracy for the accomplishment of
such wars of aggression. The defense maintains that not even a prima
facie case has been made out. As I already have had occasion to point out
to the Court, the prosecution did in fact prove — but as far as that is
concerned, we might have made a stipulation — that I.G. Farben was a big
firm, was an efficient firm, and, like many other firms in Germany, did take
part in German rearmament, just as innumerable firms in other countries took
part in the production or armaments for their countries. The prosecution seems
to think that that is enough to establish against all the defendants a crime
against peace. I respectfully submit to Your Honors that that is not enough. It
was not enough for the International Military Tribunal. In the grounds for its
judgment concerning the defendant Schacht it is stated: |
| |
"It is clear that Schacht was a
central figure in Germany's rearmament program and the steps which he took,
particularly in the early days of the Nazi regime, were responsible for Nazi
Germany's rapid rise as a military power. But rearmament of itself is not
criminal under the Charter. To be a crime against peace under Article 6 of the
Charter it must be shown that Schacht carried out this rearmament as part of
the Nazi plans to wage aggressive wars." * |
| Do counsel for the prosecution really intend to go beyond the
principles laid down in that judgment? Do they intend to rely on Article II, 2
(f) of Control Council Law No. 10, according to which it could seem that any
person who held a high political, civil, or military position in Germany, or
held a high position in her financial, industrial, or economic life, is
automatically deemed |
__________
* Trial of the Major War
Criminals, volume I, pages 308-309.
235 |
. 
