Evening star., 1945-09-03
Few Surprises Seen
In Criminal List
Concept of War as a Crime to Be
Tested During Trials
BIZ R1unOnd Moleu.

0V NUyUGOHu MOtCg.
The names of the Germans to be
tried by the new international criminal
court include few surprises. 1t was
not generally expected that Rudolf
Hess would be included, because there
was whispering of British inclination
to omit him; but Russia apparently in
sisted that he be included. Also unex-
pected is the name of Krupp Won Bohlen
und Halbach, industrialist. Also, two
of the generals, two admirals and
Schacht and Won Papen.
Arranged by categories, these de-
PENDANTS include:
Eleven former members of Hitlers
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, includ-
ing Baron Won Neurath;
Two other Nazi stooges;
The head of the Krupp works.
And Goering
The galloWS seems certain for Stretch
er and Ley. Also for Frank, Infamous
Governor of Poland; Seyss-Inquart,
Reich commissioner for the Neither
lands; and Won Neurath, oppressor OF
Czechoslovakia. The court may pro-
vide dramatic hangings for these men
at the scene of their former authority.
Will Claim Immunity.
Won Ribbentrop and Won Papen will
claim diplomatic immunity and, no
doubt, will cite the precedents of Talley-
rand and -Hollweg.
The two generals, the two admirals
and Albert Speer, head of the Todt con-
4 struction organization, will make de-
fense 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 20
more than an industrialist must do
DR.. Walther Funk, minister of eco
nomics and president of the Reichsbank,
will deny his part in warfare or in
political prosecutions.
But the greatest of interest will center
in the immensely clever Hjalmar
Horace Greeley Schacht. This Ameri-
can-born financier has had many
friends in British and American bank
ing circles. He may offer some as char
acter 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 Ger
mans as their best bet to get a soft
peace, if Hitler had fallen soon enough.
He will vigorously declare that he vas
against the declaration of war His
paclflsm 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 states evidence to buy a fitting
span of life
1t is well that the new court can create
its own tests of guilt, even though such
process is contrary to Anglo-American
traditions of justice The Nazi con-
spiracy was without precedent. 1t 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. It's
procedure is unique. It's punishments
will be unusual. But this Is an unusual
case