14 Dec. 45

finally compromised on this provision which authorizes the taking of testimony by commissions.


GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.S.R.): Your Honors, I have come forward after my colleague, Mr. Jackson, to make my own statement, inasmuch as I think that the petition of the Defense is fundamentally wrong and should not be complied with.

We are submitting our objections for the Tribunal's consideration. I fully share the viewpoint held by the Chief Prosecutor of the U.S.A., Mr. Jackson, and in addition should like to point out the following: The Defense Counsel, in his petition, raises the question of whether the Prosecution should refer to, or make public, documents containing affidavits of persons residing in Germany. A statement of this sort is completely out of order since, as is known, the defendants committed the greater part of their atrocities in all countries of Europe and it will be readily understood that the witnesses of these atrocities live in different parts of these countries; it is essential that the Prosecution have recourse to the testimony of such persons, whether it be written or oral. Your Honors, we. have entered a phase of the Trial in which we have to set forth the atrocities connected with so-called War Crimes and Crimes against Humanity, atrocities which were committed by the defendants over extensive areas. We shall submit as evidence documents originating from the defendants themselves or from persons who suffered at the hands of the war criminals; it would be impossible to summon all these witnesses to the Trial so that they could give their evidence orally. It is absolutely necessary to have affidavits and written testimonies from these witnesses.

As His Honor the President has already remarked, Article 17 provides for the right of summoning witnesses to the Trial. That is correct; but it is impossible to summon all the witnesses who could depose affidavits on the crimes committed by the defendants. I therefore refer to Article 19 of the Charter which reads:
"The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious" — and I emphasize, Your Honor, expeditious — "and non-technical procedure and shall admit any evidence which it deems to have probative value."
I would ask the Tribunal to proceed according to this article which definitely admits written affidavits of witnesses as evidence. That is what I wished to say by way of a supplement to the statement of Mr. Jackson.

MR. ROBERTS: May it please the Tribunal, as far as the British Delegation is concerned, they desire to support what the American