. ©MAZAL LIBRARY

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. NUERNBERG MILITARY TRIBUNAL
Volume IX · Page 143
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Table of Contents - Volume 9
But things are not always this simple, and in many details we shall have to prove to the Tribunal that the prosecution has submitted a one-sided and therefore incorrect depiction of actual events. The prosecution has admitted, however, that in instances of “spoliation” one acted as one would if one were actually paying).¹ We shall prove that the Krupp firm in all cases wherein it received something, not only acted as it would if it were paying, but also in reality did pay. When on the other hand, the firm was commissioned by the Reich to take over the business operations, then it had nothing to pay because it also did not receive anything. To what extent business operations of this nature with which the firm was frequently burdened can be considered as participation in spoliation is a legal question which will be considered at a later stage of the proceedings.

An entirely different light than the one envisaged by the prosecution is thrown on the participation of an industrialist in the so-called “slave labor program” by the verdict in the Flick Case. Counsel for the other defendants will refer to the particulars regarding this count. For Mr. Alfried Krupp von Bohlen und Halbach a responsibility under this count can only result from his position as member of the Vorstand and as later owner of the firm, and from his activities in the great industrial organizations, the Reich Association Iron (RVE) and the Reich Association Coal (RVK). Therefore, the taking of evidence in his case will cover these points. Just as the prosecution, in arguing their accusation of preparation for war, refers to the old tradition of the firm and the house of Krupp, the defense will also make use of this tradition and make mention of the social achievements for which this family has received uncontested credit until now. We feel particularly called upon to do this as a representative of the prosecution considered it proper to attack the social attitude and motives of the Krupp firm, in connection with Krupp workers’ settlements, in the press.

The prosecution caps its theory that Krupp was the great advocate of aggressive war with a reference to the special law by which in the autumn of 1943 the A.G. Friedrich Krupp was converted into a family enterprise of the same name. The defense will submit to the Tribunal the origin of this “Lex Krupp” (1387-PS,. Pros. Ex. 475)² and its 30-years’ history, and so will create a basis for the recognition of the fact that this law does not represent the slightest bit of evidence for this theory of prosecution, and that it is of no importance for these proceedings.
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¹ Indictement, section I, paragraph 35, above.
² Document reproduced below in section VI B 1.
 
 
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