MAZAL LIBRARY

IMT19-T433

Previous Page  INTERNATIONAL MILITARY TRIBUNAL
VolumeVolume XIX Page 433
   
 
26 July 46 
 
Afternoon Session 
 
THE PRESIDENT: I call on the Chief Prosecutor of the United Kingdom of Great Britain and Northern Ireland.

SIR HARTLEY SHAWCROSS (Chief Prosecutor for the United Kingdom): May it please the Tribunal; like my distinguished colleague, whose succinct, able, and eloquent speech I cannot hope to emulate, I desire on behalf of the British prosecutors at this Trial to lay before the Tribunal some comment. I am afraid it ,is of some length on those salient and outstanding features of the evidence which, in our submission, make clear the guilt of these defendants. Although throughout these proceedings the representatives of the prosecuting powers have worked in the closest co-operation and agreement and although there are certain matters which I shall be laying before the Tribunal on behalf of all of us, we all thought it right at this final stage, even at the cost of some inevitable repetition and overlapping, that we should prepare our final submissions quite independently so that the Tribunal and our own countries might know exactly the grounds on which we seek the condemnation of these men; and if it turns out that several of us point to the same evidence or reach similar conclusions, as no doubt it will, that very coincidence reached independently may perhaps add force to our submissions that each of these defendants is legally guilty.

I say legally guilty. That these defendants participated in and are morally guilty of crimes so frightful that the imagination staggers and reels back at their very contemplation is not in doubt. Let the words of the Defendant Frank, which were repeated to you this morning, be well remembered: “Thousands of years will pass and this guilt of Germany will not be erased.” Total and totalitarian war, waged in defiance of solemn undertakings and in breach of treaties; great cities, from Coventry to Stalingrad, reduced to rubble, the countryside laid waste, and now the inevitable aftermath of war so fought – hunger and disease stalking through the world; millions of people homeless, maimed, bereaved. And in their graves, crying out, not for vengeance but that this shall not happen again: 10 million who might be living in peace and happiness at this hour, soldiers, sailors, airmen, and civilians killed in battles that ought never to have been.

Nor was that the only or the greatest crime. In all our countries when perhaps in the heat of passion or for other motives which impair restraint some individual is killed, the murder becomes a sensation, our compassion is aroused, nor do we rest until the criminal is punished and the rule of law is vindicated. Shall we do less when not one but on the lowest computation 12 million 
 
433
Next Page IMT Index