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DECLASSIFIED CONF E o. 11652, Sec. 3(E) and S(D) or (E) By OSD letter, April 12, 1974 NLT. He , NARS Date 6.22.75 June 18 1946 MEMORANDUM FOR MR. BENJAMIN COHEN Subject: American Participation in Further International Trials of Nasi War Criminals Reference: Mr. Justice Jackson's Memorandun for the President TAE"8 dated May 13, 1946 on the same subject (copy attached hereto). 1. This memorandum, written pursuant to our conversation this morning, attempts to summarize the prosent situation with respect to American partici- pation in a second international trial of German war criminals. It is not a final report, and I do not believe that a decision need or should be made immediately. 2. There will in any event be further trials of major German war crininals before American tribunals to be established within the American occupational zone. The inmediate question is whether the United States should participate in a second international (quadripartite) trial under the London Agreement (8 August 1945). TRE LONDON AGREEMENT 3. The London Agreement remains in force until 8 August 1946, and remains in force thereafter, subject to the right of any signatory to give one month's notice of intention to terminate it. 4. The London Agreement constitutes the International Military Tribunal as a semi-permanent body and envisages a series of trials. "The principle of rotation of presidency for successive trials is agreed" (Article 4). "The permanent seat of the Tribunal shall be in Berlin The first trial shall be held at Nurnberg, and any subsequent trials shall be held at such places as the Tribunal may decide" (Article 22), The indictment is entitled as *Case No. I." Other examples can be cited. However, the charter nowhere requires that there be more than one trial. The KRUPP EPISODE 5. The list of defendants for the present trial includes Gustave Krupp. Shortly before the trial began (20 November 1945), it developed that Krupp was very ill and mentally incompetent. The Tribunal, for this reason, ordered his trial severed from the present proceedings. Undoubtedly Gustave Krupp can never be brought to trial, as there is no chance that he will recover. ARCHIVES PRATIONAL AND RECORDS

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    "ocrText": "DECLASSIFIED\nCONF\nE o. 11652, Sec. 3(E) and S(D) or (E)\nBy\nOSD letter, April 12, 1974\nNLT. He , NARS Date 6.22.75\nJune 18 1946\nMEMORANDUM FOR MR. BENJAMIN COHEN\nSubject:\nAmerican Participation in Further International Trials\nof Nasi War Criminals\nReference:\nMr. Justice Jackson's Memorandun for the President\nTAE\"8\ndated May 13, 1946 on the same subject (copy attached\nhereto).\n1. This memorandum, written pursuant to our conversation this morning,\nattempts to summarize the prosent situation with respect to American partici-\npation in a second international trial of German war criminals. It is not a\nfinal report, and I do not believe that a decision need or should be made\nimmediately.\n2. There will in any event be further trials of major German war\ncrininals before American tribunals to be established within the American\noccupational zone. The inmediate question is whether the United States should\nparticipate in a second international (quadripartite) trial under the London\nAgreement (8 August 1945).\nTRE LONDON AGREEMENT\n3. The London Agreement remains in force until 8 August 1946, and\nremains in force thereafter, subject to the right of any signatory to give\none month's notice of intention to terminate it.\n4. The London Agreement constitutes the International Military Tribunal\nas a semi-permanent body and envisages a series of trials. \"The principle\nof rotation of presidency for successive trials is agreed\" (Article 4). \"The\npermanent seat of the Tribunal shall be in Berlin\nThe first trial shall\nbe held at Nurnberg, and any subsequent trials shall be held at such places\nas the Tribunal may decide\" (Article 22), The indictment is entitled as\n*Case No. I.\" Other examples can be cited. However, the charter nowhere\nrequires that there be more than one trial.\nThe KRUPP EPISODE\n5. The list of defendants for the present trial includes Gustave Krupp.\nShortly before the trial began (20 November 1945), it developed that Krupp\nwas very ill and mentally incompetent. The Tribunal, for this reason, ordered\nhis trial severed from the present proceedings. Undoubtedly Gustave Krupp\ncan never be brought to trial, as there is no chance that he will recover.\nARCHIVES PRATIONAL AND\nRECORDS"
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