 |
| [prose
] cutor for the United States before the IMT, proposed
that he be given trial in absentia, stating: |
| |
"For over 130 years this family
has been the focus, the symbol, and the beneficiary of the most sinister forces
engaged in menacing the peace of Europe.
"To drop Krupp von Bohlen from
this case without substitution of Alfried, drops from the case the entire Krupp
family, and defeats any effective judgment against the German armament makers *
* *.
"The United States respectfully submits that no greater disservice
to the future peace of the world could be done than to excuse the entire Krupp
family and the armament enterprise from this trial in which aggressive war
making is sought to be condemned."¹ |
| Justice Jackson also stated in his answer to the Krupp
application: |
| |
"It has at all times been the
position of the United States that the great industrialists of Germany were
guilty of the crimes charged in this indictment quite as much as its
politicians, diplomats, and soldiers. Its chief of counsel, on 7 June 1945, in
a report to President Truman, released by him and with his approval, stated
that the accusations of crimes include individuals in authority in the
financial, industrial and economic life of Germany as well as
others."² |
6. It is clear beyond a doubt, therefore, that the London Charter
and the decision of the IMT contemplated the punishment of persons in the
financial, industrial, and economic life of Germany for crimes against peace.
7. The defense also argues that the theory of the prosecution as set
forth in the Preliminary Memorandum Brief is inconsistent with the judgment of
the IMT because such judgment allegedly limited responsibility to those who
were "directly and personally connected with certain specific secret plannings
of Hitler," apparently, according to the defense, including only those who
attended certain specific secret meetings held by Hitler. The defense points to
the decision by the IMT with respect to the Reich Cabinet and with respect to
the following persons: Schacht, von Papen, Speer, Sauckel, Kaltenbrunner,
Frank, Streicher, von Schirach, Bormann, Fritzsche, Frick, Funk, Doenitz,
Seyss-Inquart. The defense also quotes from certain portions of the IMT
judgment relating to crimes against peace and |
__________ ¹ Ibid. (answer of the
United States to the application by Krupp that his trial be deferred) pp.
134-138. ² Ibid., p.
137.
496 |