DR. SIEMERS: I beg your pardon, Mr. President, but I do believe that when we are dealing with a clearly-established violation of a treaty, the manner of this violation is of some importance. I do not believe that each and every violation of a treaty can be described as a war crime. The point is whether this violation of the treaty was a war crime in the sense of the Charter—in other words, whether it was motivated by the intention of waging a war of aggression. An insignificant violation of a kind which, after all, is found in every commercial lawsuit cannot be a crime.
THE PRESIDENT: The affidavit is before us. We shall read it. In fact, you have already read the material parts of it.
Now, I think we had better adjourn. How long do you expect to be?
DR. SIEMERS: Mr. President, it is very difficult for me to judge that accurately, but I imagine I shall be able to conclude sometime tomorrow. I hope, Mr. President, that I shall be able to conclude at noon; but I am asking Your Honor to take into consideration the fact that I am incorporating my documentary proof in the interrogation and that this documentary proof, which in many other cases has taken hours to present, is thus dealt with simultaneously.
THE PRESIDENT: The Tribunal hope that you will make your presentation as short as you possibly can. We have already been so long a time over this defendant.
[The Tribunal recessed until 1400 hours.]
Afternoon Session
DR. SIEMERS: Mr. President, I must first make a formal request, namely, that in addition to my own secretary I may have another here in Court. She was here this morning but has just been told that she may not come into the courtroom, and she is now standing outside the door.
THE PRESIDENT: All right.