MR. COUNSELLOR SMIRNOV: We wish to request the Tribunal to allow us to put to the defendant a few questions, which will not take very long but which are quite indispensable for further questioning.
THE PRESIDENT: In the opinion of the Tribunal, I think you know counsel ought to settle beforehand what questions are indispensable and then have them put by the counsel who cross-examines. That is the whole object of the scheme.
Sir David, when we saw you on this subject, did you not tell us that all the prosecutors had agreed that so far as this defendant was concerned he should only be cross-examined by one?
SIR DAVID MAXWELL-FYFE: My Lord, that was the position. I understand that the Soviet Delegation have some special points, and they were going to ask, as a matter of grace of the Tribunal, whether they could put them. That is what my Soviet colleagues have informed me.
THE PRESIDENT: M. Dubost?
M. CHARLES DUBOST (Deputy Chief Prosecutor for the French Republic): My explanation will be very brief, Mr. President. In principle, the Prosecution entrusts one man to ask all these questions. It is impossible, however, for the entire investigation and examination to be carried out by one member of the Prosecution only because we do represent four different nations which have not divergent but certainly individual interests. The only person qualified to speak in the interests of a nation is the representative of that nation. I think, therefore, that the Tribunal should permit us to ask questions from time to time when we ask to be allowed to do so.
THE PRESIDENT: M. Dubost, you are not applying now, are you, for leave to have a third cross-examination; you are just speaking on general principles?
M. DUBOST: Mr. President, it is a question of principle. The Prosecution has limited itself in order to economize on time, but it requests the Tribunal for authorization to intercede when it is necessary to do so in order to represent the interests of a country.
I will not ask any questions which might have occurred to me following the interrogation by my colleague of the United States; I do not wish to retard the proceedings. I think, however, that the Tribunal could tell us that in principle we remain free to ask questions which concern our countries, especially since we alone are competent to represent the interests of our countries and cannot transfer this competency to one of our colleagues.
THE PRESIDENT: Colonel Smirnov, could you inform the Tribunal upon what questions, what points you want to cross-examine?