NMT Case 10

USA vs. Alfried Krupp, et al.

Trial X, The United States of America vs. Alfried Krupp, et al, also known as the "Krupp Trial", took place between August 1947 and July 1948; appeals of sentences continued through 1949. Twelve defendants were charged: Alfried Krupp von Bohlen und Halbach, Ewald Loeser, Eduard Houdremont, Erich Mueller, Friedrich Janssen, Karl Pfirsch, Max Ihn, Karl Eberhardt, Heinrich Korschan, Friedrich von Buelow, Werner Lehmann, and Hans Kupke. During the trial, the prosecution introduced over 1400 written exhibits; the defense introduced over 2800. These exhibits consisted of documents, photographs, affidavits, letters, and charts. Testimony was heard from over 200 witnesses. The tribunal convened 103 times over eleven months.

This was the third and final of the so-called industrialist cases tried in Nuernberg. The defendants were the owner and leading officials in the Krupp Concern. The man who had headed the company until 1943, Gustav Krupp, the father of the first named defendant, was not indicted because of incapacity to stand trial (due to illness). He had also been indicted in the Trial of the Major War Criminals (IMT), but the Tribunal granted an application by his lawyer for postponement of the proceedings. As he did not recover, his son, who headed the firm from 1943 on, was indicted in his stead.

Alfried Krupp and eight of the defendants were members of the Managing Board (Vorstand) of the company. From December 1943, Alfried Krupp was the sole owner and directing head of the Krupp concern. The Krupp concern was "a gigantic vertical enterprise, composed principally of coal and iron ore mines, blast furnaces, rolling mills, shipyards, machine, armament and other manufacturing plants; in 1939 it consisted of at least 175 domestic and 60 foreign subsidiary units."

Indictment

Count One: Crimes Against Peace

  • Invasion of other countries; wars of aggression
  • Wars in violation of international agreements
  • As the principal German maker of armament and the largest builder of U-boats and warships, Krupp contributed substantially to the ability of the Third Reich to wage wars of aggression and invade other countries

Count Two: Crimes Against Humanity: Plunder and Spoliation

  • Plunder of private and public property
  • Spoliation and devastation of property in countries/territories occupied by Germany
  • Occupied territories exploited beyond needs of occupying army
  • Objects of plunder ranged from raw materials and agricultural products to mining and industrial enterprises taken for use by German industry

Count Three: Crimes Against Humanity: Deportation, Exploitation, Slave Labor

  • Murder, enslavement, deportation of civilian populations
  • Enslavement of concentration camp inmates
  • Employment of prisoners of war in war-related occupations

Count Four: Common Plan or Conspiracy

  • Formulation/execution of common plan to commit crimes against peace

(Counts one and four were dropped due to lack of evidence)

Chronology Overview

  • Indictment filed 16 August 1947
  • Arraignment 17 November 1947
  • Prosecution opening statement 8 December 1947
  • Defense opening statements 22, 23 March 1948
  • Tribunal dismisses counts 1, 4 on 5 April 1948
  • Prosecution closing statement 24 June 1948
  • Defense closing statement 25-30 June 1948
  • Judgment 31 July 1948
  • Sentence 31 July 1948

Persons Involved

Military Tribunal IIIA

  • Hu C. Anderson, presiding judge
  • Edward Daly, judge
  • William Wilkins, judge

Prosecution

  • Brigadier General Telford Taylor, Chief of Counsel
  • Joseph Kaufman and Rawlings Ragland, Deputy Chief Counsel
  • H. Russell Thayer, Chief, Krupp Trial Team
  • Cecelia Goetz and Max Mandellaub, Associate Counsel
  • John Bowler, Irving Brilliant, Herbert Goldenbert, Maurice Huebsch, Maximilian Koessler, and Maurice Myers, Assistant Counsel
  • Benjamin Ferencz, Special Counsel

Defendants

  • Alfried Krupp
  • Ewald Loeser
  • Eduard Houdremont
  • Erich Mueller
  • Friedrich Janssen
  • Karl Pfirsch
  • Max Ihn
  • Karl Eberhardt
  • Heinrich Korschan
  • Friedrich von Buelow
  • Werner Lehmann
  • Hans Kupke

Defense Counsel

  • Dr. Otto Kranzbueher (Krupp, Ihn)
  • Dr. Wolfgang Pohle (von Buelow)
  • Kurt Gollnick (Eberhardt)
  • Dr. Walter Siemers (Houdremont)
  • Dr. Alfred Schilf (Janssen)
  • Dr. Erich Wandschneider (Korschan)
  • Dr. Alfred Behringer (Kupke)
  • Dr. Gerhard Weise (Lehmann)
  • Dr. Kurt Behling (Loeser)
  • Heinrich Link (Mueller)
  • Dr. Bernd Vorwerk (Pfirsch)

Judgment/Sentences

Alfried Krupp: Guilty, counts 2/3; twelve years

Ewald Loeser: Guilty, counts 2/3; seven years

Eduard Houdremont: Guilty, counts 2/3; ten years

Erich Mueller: Guilty, counts 2/3; twelve years

Friedrich Janssen: Guilty, counts 2/3; ten years

Karl Pfirsch: Acquitted

Max Ihn: Guilty, count 3; nine years

Karl Eberhardt: Guilty, counts 2/3; nine years

Heinrich Korschan: Guilty, count 3; six years

Friedrich von Buelow: Guilty, count 3; twelve years

Werner Lehmann: Guilty, count 3; six years

Hans Kupke: Guilty, count 3; time served