. ©MAZAL LIBRARY

NMT09-T0174


. NUERNBERG MILITARY TRIBUNAL
Volume IX · Page 174
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Table of Contents - Volume 9
G. Opening Statement for the Defendant Pfirsch¹
 
DR. VORWERK²: May it please the Tribunal. In the field of planting, producing, and trading with narcotics, the concepts of "national sovereignty" had to give way to the world wide imperious public demands for effective international regulations. It is characteristic that today anything connected with narcotics is regulated in a most effective manner, and even in cases where national governments adopt an uncooperative attitude there are provisions in the regulations to keep those governments in line. To my knowledge this supervisory body constitutes the only international control agency, which in its particular field completely overrules all claims to sovereign nationality. In the field of armament production too, organizations have been created on an international basis and efforts have been made at least in this respect to restrict the armament potential of the world and thus the “national sovereignty” of the individual nations; it has been recognized as undisputably correct that even in the most crucial political times and at the most critical moments in the world’s history only those cannons can be fired which exist. These endeavors have so far been without any result. This may be the main reason for the following statement of the prosecution I quote:³ 
 
“We do not seek, in this case, to level any attack against the business of making arms as such. We are not trying to prove that all wars derive from the sinister machinations of armament manufacturers and their sales agents. The armorer’s trade is no more inherently unlawful than that of the soldier or diplomat; all of these professions revolve around war and statecraft, but that does not make them criminal per se.” 
The question necessarily arises what is the difference between the Krupp firm, in which the defendants were employed, and other producers of armaments, such as the prosecution enumerated, for example, in its opening statement. Inasmuch as these differences refer to the commission of crimes, which is all that concerns us here, it is for the prosecution to produce proof of this.

In the opinion of the prosecution these differences must be serious and must be relevant from the point of view of criminal law, since it felt itself entitled and obliged to bring this charge
__________
¹ Opening statement is recorded in mimeographed transcript, 22 March 1948, pp 4774 4788.
² A charge made in this statement by Dr. Vorwerk concerning the reproduction of photostats for the defense was followed by a directive of the Tribunal that representatives of the defense and the prosecution jointly investigate the matter. The following day, 23 March 1948, Dr. Vorwerk withdrew certain of his remarks and the Tribunal granted his motion to strike certain remarks in his opening statement. For purposes of clarity, the related proceedings on 23 March 1948 have been reproduced in the text of the opening statement.
³ Opening statement of the prosecution, section A, above.
 
 
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