The Evening Star (September 3, 1945)
Moley: Few surprises seen in criminal list
Concept of war as a crime to be tested during trials
By Raymond Moley
The names of the Germans to be tried by the new international criminal court include few surprises. It was not generally expected that Rudolf Hess would be included, because there was whispering of a British inclination to omit him; but Russia apparently insisted that he be included. Also unexpected is the name of Krupp von Bohlen und Halbach, industrialist. Also, two of the generals, two admirals and Schacht and Von Papen.
Arranged by categories, these defendants include:
- Eleven former members of Hitler’s cabinet – among them the terrorists, Streicher and Ley;
- Two top generals and two admirals;
- Two “spiritual” leaders – Rosenberg and Hans Fritzsche;
- Four gauleiters or governors, including Baron von Neurath;
- Two other Nazi stooges;
- The head of the Krupp works.
- And Goering.
The gallows seem certain for Streicher and Ley. Also for Frank, infamous Governor of Poland; Seyss-Inquart, Reich commissioner for the Netherlands; and Von Neurath, oppressor of Czechoslovakia. The court may provide dramatic hangings for these men at the scene of their former authority.
Will claim immunity
Von Ribbentrop and Von Papen will claim diplomatic immunity and, no doubt, will cite the precedents of Talleyrand and Bethmann-Hollweg.
The two generals, the two admirals and Albert Speer, head of the Todt construction organization, will make a defense on the ground that they were professionals, subject to the authority of the political heads of the state.
Herr Krupp will argue that he did no more than an industrialist must do.
Dr. Walther Funk, minister of economics and president of the Reichsbank, will deny his part in warfare or in political persecutions.
But the greatest of interest will center in the immensely clever Hjalmar Horace Greeley Schacht. This American-born financier has had many friends in British and American banking circles. He may offer some as character witnesses. In the past, he showed great ability in dealing with British and Americans. He treated them “honestly” in details and he cheated them in the broader ranges of economic statecraft. Schacht was considered by many Germans as their best bet to get a soft peace, if Hitler had fallen soon enough. He will vigorously declare that he was against the declaration of war. His pacifism had to do with timing, not with the ultimate fact. For no one did more to bring Hitler to power, unless it was Fritz Thyssen, who is not on the list. Schacht financed the German armament program and laid the fuse for the world explosion.
No appeal to history
Finally, there is the nerve-racked Goering, who can do little more than to turn state’s evidence to buy a flitting span of life.
It is well that the new court can create its own tests of guilt, even though such a process is contrary to Anglo-American traditions of justice. The Nazi conspiracy was without precedent. It was the most cynical denial of precedent that the world has known. Hence, the conscience of men everywhere, except in Germany, can hardly be affronted if this group is denied the right to appeal to past history. The court before which the trials are to be held is unique. Its procedure is unique. Its punishments will be unusual. But this is an unusual case.