1945-1953 - Krupp After the War
The name "Krupp" acquired over the years a sinister sheen. The International Military Tribunal conducted the trial of the major civilian and military leaders of Nazi Germany who were accused of war crimes. The accused were: Hermann Wilhelm Göring, Rudolf Hess, Joachim von Ribbentrop, Robert Ley, Wilhelm Keitel, Ernst Kaltenbrunner, Alfred Rosenberg, Hans Frank, Wilhelm Frick, Julius Streicher, Walter Funk, Hjalmar Schacht, Karl Dönitz, Erich Raeder, Baldur von Schirach, Fritz Sauckel, Alfred Jodl, Martin Bormann, Franz von Papen, Arthur Seyss-Inquart, Albert Speer, Constantin von Neurath, Hans Fritzsche and Gustav Krupp von Bohlen und Halbach.
Gustav Krupp von Bohlen und Halbach was deemed too ill and senile to stand the rigors of a trial or even to understand the proceedings at the International Military Tribunal. As he was unable to stand trial because of severe arteriosclerosis accompanied by senility and other ailments, the tribunal ordered the proceedings against him postponed until his state of health improved. This meant in effect that the proceedings against Gustav Krupp had been dropped because his condition was not likely to improve.
Despite ample evidence against him, Allied authorites decided to try Alfried and not his father. Gustav Krupp died in 1950. Alfried Krupp von Bohlen und Halbach was in custody 2 years and 4 months before the indictment was served; during this time he petitioned repeatedly for counsel, and for 2 years and 4 months his applications were denied.
On November 12, 1947, the U.S. Military Government for Germany created Military Tribunal III-A in order to try the Krupp Case. The 12 defendants in this case, all officials of the Krupp industrial concern, had been indicted on August 16. The lead defendant, Alfried Krupp, and eight other defendants, had been members or deputy members of Krupp's Managing Board, while the three others had held similar high-ranking positions.
The indictment charged the defendants with committing the following crimes: crimes against peace by participating in the planning and waging of wars of aggression and wars in violation of international treaties; war crimes and crimes against humanity by participating in the plunder and spoliation of public and private property, devastation, and exploitation against countries under German occupation, causing the suffering of millions; war crimes and crimes against humanity by participating in the murder, extermination, enslavement, deportation, imprisonment, torture, and use for slave labor of civilians who came under German control, German nationals, and prisoners of war; and participating in a common plan or conspiracy to commit crimes against peace.
All of the defendants were charged under counts one, three, and four, and all but two were charged under count two, but counts one and four were dismissed by the tribunal soon after the completion of the prosecution's case because of lack of evidence. After the defendants were arraigned on November 17, the trial began on December 8, finishing on June 30, 1948.
The tribunal returned its judgment on July 31, finding six of the ten defendants charged under count two guilty, and all but one of the defendants guilty under count three. That one defendant, Karl Heinrich Pfirsch, was acquitted of all charges. The sentences were handed down the same day, with the 11 guilty defendants receiving prison terms ranging from 2 to 12 years. In addition, Krupp was sentenced to forfeit all of his property'.
Gen. Lucius D. Clay, the Military Governor of Germany, confirmed these sentences in April 1949 except that he modified the forfeiture of property provision, leaving the execution of this provision to the zone commanders in their respective zones of occupation.
John J. McCloy, the United States Commissioner who took over from General Lucius Clay in 1949, reviewed their sentences. On January 31, 1951, the High Commissioner for Germany, John J. McCloy, struck the property forfeiture clause completely and also the remainder of the sentences of the 10 defendants by pointing out: "I have come to the conclusion that whatever guilt these defendants may have shared for having taken a consenting part in either offense, it was no greater in these cases than that involved in the Farben and Flick cases. I have accordingly reduced the sentences in Case No. 10 so that the terms served will conform approximately to the sentences in similar cases." This decision by McCloy involved returning to Krupp his property and financial holdings, all of which had been confiscated by the terms of Krupp's original sentence. McCloy also commuted all nine sentences imposed on Krupp officials at Nuremberg and, in the case of Krupp himself, he was released from his original 12-year sentence (it was reduced to time already served).
In December 1959, the Friedrich Krupp Company signed an agreement with the Claims Conference establishing a fund in the amount of DM 6 million to settle potential claims arising from the company's use of Jewish slave labor at its factories in Silesia. If the DM 6 million would not suffice to provide each entitled claimant with DM 5,000, Krupp would pay up to DM 4 million more. Krupp's total obligation was not to exceed DM 10 million [then-$2,380,000]. If the DM 10 million proved insufficient, the amount for each claimant would have to be reduced.
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