"Einsatz case" (Case No. 9). Upon rendition of judgment and adjournment sine die in the "Pohl case," the other two members of Tribunal II departed from Nuernberg, and Tribunal IIA was redesignated Tribunal II. Similarly, the Tribunals which heard the "Krupp," "Foreign Office," and "High Command" cases (Cases 10, 11, and 12, respectively) were initially designated as Tribunals IIIA, IVA, and VA but the "A" was dropped when the original tribunals III, IV, and V adjourned upon rendition of judgment. Only two

of the judges on these tribunals had served in earlier Nuernberg trials.97

After the first three tribunals had been constituted, the presiding judges thereof established (as authorized in Ordinances 7 and 11) a "supervisory committee of presiding judges," which thereafter assigned the cases among the several tribunals and acted for all the judges in various executive and administrative matters. Judge Toms (presiding judge of Tribunal II) served as chairman of this committee until his departure from Nuernberg in November 1947, when he was succeeded by Judge Shake, presiding judge of Tribunal VI.” The Nuernberg military tribunals did a very impressive amount of work, In the twelve cases they held over 1,200 sessions, or approximately 100 sessions per case. The "Milch case" required the fewest sessions (36) and the "Ministries case" the most (over 160). Slightly over one-third of the sessions (about 350) were consumed by the prosecution, and nearly two-thirds (860 sessions) by the defense. In addition, one joint session was held on 9 July 1947 of all the tribunals then constituted sitting en banc.100 No doubt the final report of the Secre

99

"The "second editions" of Tribunals I to V were constituted by orders issued between 10 September and 24 December 1947.

Judge Christianson, who presided in Case No. 11, had served as a member in the "Flick case" (Case No. 5) and Judge Harding, a member of the Tribunal which heard the "High Command case" had served first as alternate and later as a member of Tribunal III, which heard the "Justice case" (Case No. 3). Judge Harding was designated a member of Tribunal III when the presiding judge of that tribunal (Judge Marshall) was relieved because of ill health.

98 Judge Shake served until the conclusion of the trial before his tribunal (the "Farben case") at the end of July 1948. Judgment in the "Krupp case" was rendered the following day, so that beginning 1 August 1948 there were only two tribunals functioning in Nuernberg and, pursuant to the provisions of Ordinance No. 7 (Art. XIII), the supervisory committe lapsed. Judge Christianson, however, thereafter acted as "Executive Presiding Judge" of the remaining Nuernberg judges.

9 Inasmuch as 12 cases were heard by 11 courts, the average per tribunal was higher (approximately 110), and since 2 of the judges sat in 3 cases and several others in 2 cases, the average number of sessions per judge was still higher.

100 The judges and alternates of Military Tribunals I, II, III, IV, and V sat in this joint session, as well as Judge Shake, whose Tribunal (VI) had not yet been constituted. This session was not held under the provisions of Ordinance No. 11 and did not result in a joint decision, inasmuch as no inconsistent rulings or judgments were at issue. The indictments in the cases then pending before Tribunals I, II, and III all contained a charge of conspiracy to commit war crimes and crimes against humanity, and in all three cases the defense had moved to dismiss this charge on the ground that such conspiracies were not made punishable by Control Council Law No. 10, but only conspiracy to commit crimes against peace. The joint session was called on the initiative of the tribunals, to enable all the judges to hear argument on this question. Thereafter, Tribunals I, II, and III acting individually issued identical orders dismissing the conspiracy charges.

tary General will contain much additional information with regard to the establishment and functioning of the Nuernberg Military Tribunals.

The Central Secretariat

The organization and activities of the Central Secretariat will be covered in the final report of the Secretary General, and will be sketched herein only sufficiently to facilitate understanding of the Nuernberg war crimes program as a whole. As stated above,101 the Central Secretariat was originally established on 25 October 1946, at which time Mr. Charles E. Sands was designated Secretary General.102 Mr. Sands held an important position in OMGUS at Berlin, and was made available only for temporary service as Secretary General at Nuernberg. He served, however, until the spring of 1947. On 18 April, he was succeeded by Col. John E. Ray, who served for over a year." On 10 May 1948, Colonel Ray was reassigned; Dr. Howard H. Russell was appointed his successor, to serve until the dissolution of OCCWC and the Central Secretariat.

103

The more routine functions of the Central Secretariat were handled by its Administrative Branch, which was responsible for the receipt and distribution of documents, location of witnesses, and the procurement of court supplies. An Assistant Secretary General was assigned to each of the tribunals, to fulfill the usual functions of a clerk of court. Official records and files were maintained under the Secretary General's supervision in the Court Archives. The Marshal's Office, and the Legal Assistants to the judges were also part of the Central Secretariat.

The more difficult and unusual functions of the Central Secretariat involved the obtaining of defense counsel and the provision of facilities for use in their work. This was handled through the Defense Information Center, the chief of which (known as the Defense Administrator) reported directly to the Secretary General. The Defense Center rendered a wide range of services to defense counsel, as described more fully below 104 and in the final report of the Secretary General.

The Office, Chief of Counsel for War Crimes

Unlike the Military Tribunals and the Central Secretariat, the Office, Chief of Counsel for War Crimes (OCCWC) had been functioning, albeit under another name, prior to its official creation on 24 October 1946. Most of the legal and other professional members of OCCWC

101 Supra, p. 33.

102 General Orders No. 67, issued 25 October 1946.

103 Colonel Ray also continued to act as General Secretary of the IMT Secretariat, 104 Infra, p. 49.

had previously been members of the Subsequent Proceedings Division of OCCPAC.105 A number of the administrative and clerical employees of OCCPAC also remained in Nuernberg for further employment with OCCWC.

Since OCCWC alone was a "going concern" at the time of the commencement of the program for trials under Law No. 10, it was obliged to undertake numerous functions which, under other circumstances might more logically have been discharged by the Central Secretariat. In this respect, too, there was a parallel to the experience of OCCPAC during the preceding year. Mr. Justice Jackson and his staff had arrived in Nuernberg months before the IMT was even constituted, and as a result almost the entire administrative burden of preparing for the trial fell on OCCPAC. The selection of a site for the trials, reconstruction of the Palace of Justice and redesigning of the main courtroom, arrangements for billeting, messing, and transportation, recruitment of interpreters, translators, court reporters, and secretaries— these and many other such matters were dealt with by Mr. Justice Jackson's administrative staff,106 and continued to be so handled even after the arrival of the IMT. The IMT, to be sure, established its own Secretariat under a General Secretary 107 for the handling of purely judicial administrative matters, but the bulk of the general administration continued to be a function of OCCPAC.

Precisely the same situation confronted me at the time that OCCWC was established. Theoretically, court reporters and interpreters should have been procured under the supervision of the tribunals themselves acting through the Central Secretariat. But the first of the tribunals had arrived in Nuernberg only a few days previously and was quite unfamiliar with "local conditions," and the Secretary General had as yet no staff and was therefore in no position to cope with such problems. Accordingly, all translating work, the interpretation and recording of court proceedings, and the reproduction and distribution of documents, as well as general administrative matters for all Nuernberg personnel, had to be handled by OCCWC.

Because OCCWC was confronted with a constantly changing situation, as its work developed from the preparatory phases to the actual trial of cases and as the number of cases actually in process of trial increased (and, beginning in 1948, decreased), its organization was flexible and changed a good deal during the period of its existence. An organization chart constructed so as to emphasize the more permanent features of the organization is attached hereto as Appendix O.

10% Upon the creation of OCCWC, the Subsequent Proceedings Division as such was abolished.

106 Mr. Justice Jackson entrusted the handing of these matters to his Executive Officer, Col. (later Brig. Gen.) Robert J. Gill.

107 Brig. Gen. William L. Mitchell was the General Secretary from November 1945 to June 1946, at which time he was succeeded by Col. John E. Ray.

Despite this flexibility, the basic outlines of the organization remained unchanged throughout. The preparation of cases for trial and their actual presentation in court was handled by a number of legal "divisions" and "trial teams," each of which was concerned with a particular case or type of case. These "legal" divisions, together with the Evidence Division (described below), comprised the "professional" or "legal" segment of OCCWC. The other segment comprised the "administrative" or "service" divisions. These, which included the Administrative, Reproduction, Signal, and Language Divisions, were grouped under and responsible to the Executive Officer.108

During the first few months of OCCWC's existence, the various "legal" divisions were subordinated, both operationally and administratively, to the Deputy to the Chief Counsel.109 Early in 1947, however, the position of Deputy to the Chief Counsel was abolished,110 and from then on the heads of the several divisions were directly responsible to the Chief of Counsel. However, assignment of personnel among these divisions and coordination of various other semiadministrative matters were effected through a newly appointed officer with the title of "Executive Counsel." 111

The actual trial work of OCCWC was, at the outset, divided among six divisions. The Military, Ministries, SS, and Economics Divisions prepared cases lying within the fields described by their respective titles. In addition, two special "trial teams" were set up to prepare the "I. G. Farben" and "Flick" cases for trial.

The SS Division 112 prepared and presented the "Medical," "Pohl," "RuSHA," and "Einsatz" cases (Cases 1, 4, 8, and 9, respectively). The Military Division 113 prepared and presented the "Milch case" (Case No. 2), and prepared and commenced the presentation of the "Hostage case" (Case No. 7). In the course of presentation of the "Hostage case," however, the head of the Military Division was obliged to resign on account of illness, and at that time (autumn 1947) the Military Division was merged with the SS Division. The new Military & SS Division completed the presentation of the

188 Up to the end of 1946 the Executive Officer was Col. Clarence L. Tomlinson. At the end of that year Colonel Tomlinson was reassigned; his successor was Lt. Col. Autrey J. Maroun. Colonel Maroun, in turn, was reassigned in October 1948. He was succeeded by Capt. Donald T. Paul, who remained as Executive Officer until the deactivation of OCCWC in 1949.

109 Mr. Thomas E. Ervin.

110 Mr. Ervin became one of the Deputy Chief Counsels and took charge of the presentation of the "Flick case" (Case No. 5).

111 The position of Executive Counsel was filled in succession by Messrs. William F. Raugust, Benjamin B. Ferencz, and Alexander G. Hardy.

112 Headed by Mr. James McHaney.

113 Headed by Mr. Clark Denney.

"Hostage case," and prepared and presented the "High Command case" (Case No. 12).114

After final decisions were made with respect to what particular cases would be prepared and presented in the industrial and economic field, the Economics Division 115 was eliminated and its personnel allocated to divisions established for the trial of these particular cases. The trial teams originally established for the preparation of the "Flick" and "Farben" cases (Cases No. 5 and 6, respectively) continued in existence until the completion of those cases.116 In addition, a third trial team was established which prepared and presented the "Krupp case" (Case No. 10),117 and a fourth trial team 118 collected and analyzed the evidence with respect to the Dresdner Bank. The Ministries Division,119 in the meantime, had been preparing evidence against government ministers and subordinate officials, including various officials of several economic ministries. Late in 1947 the Ministries Division was redesignated the "Political Ministries Division," and the members of the division who had been dealing with economic ministries were combined with the personnel of the Dresdner Bank trial team to form an "Economic Ministries Division." 120 These two divisions handled the presentation of the "Ministries case" (Case No. 11). Earlier in 1947, a trial team had been formed from personnel of the Ministries Division and placed under the direction of the Honorable Charles M. LaFollette for presentation of the "Justice case" (Case No. 3).

Supporting the work of all these Divisions and teams was the Evidence Division.121 The most important subdivision of the Evidence Division was the Interrogation Branch, which throughout the life of OCCWC handled the greater part of the interrogation of witnesses and the pretrial interrogation of defendants, as is described in some detail below.122 However, interrogation was by no means the only function of the Evidence Division. Another smaller but very important subdivision was the Apprehension and Locator Branch,123 which ascertained the location of war crimes suspects and witnesses and maintained a cumulative card index locator file, and made ar

114 After Mr. Denney's resignation, the "Hostage case" was handled by a special trial team (under Mr. Theodore F. Fenstermacher) which operated under Mr. McHaney's general supervision. When Mr. McHaney resigned as head of the Military & SS Division in May 1948, he was succeeded by Mr. Paul Niederman.

115 Headed by Mr. Drexel A. Sprecher.

116 Messrs. Josiah Dubois and Drexel A. Sprecher headed the "Farben" team and Messrs. Thomas E. Ervin and Charles Lyon the "Flick" team.

117 Headed successively by Messrs. Russell Thayer, Joseph Kaufman, and Rawlings Ragland.

118 Headed successively by Messrs. Foster Adams and Rawlings Ragland.

119 Headed by Dr. Robert M. W. Kempner.

120 Headed successively by Messrs. Rawlings Ragland, Charles Lyon, Russell Thayer, Charles Lyon, and Morris Amchan.

121 Headed by Mr. Walter H. Rapp.

122 Infra, pp. 58-62. See p. 60, footnote 172.

123 Headed by Mrs. Thomas E. Ervin.