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Arthur R. Butz – The Hoax Of The Twentieth Century

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Chapter 5: <strong>The</strong> Hungarian Jews<br />

ficers at Katyn, although it had been established, later in 1943, that there were<br />

only 4,253 bodies to be found. This fact was published by the German government,<br />

but naturally, because it contradicted their earlier claims, the Germans did<br />

not give the correct figure great publicity.<br />

What happened at the IMT with respect to this charge illustrates the foolishness<br />

of that tribunal’s claim to anything approximating legal jurisdiction. <strong>The</strong> testimony<br />

of members of the forensic commission was naturally of interest, so the<br />

Russians produced Professor Marko Markov, a citizen and resident of Bulgaria,<br />

who had been one of the signers of the commission report. Bulgaria being, by<br />

then, under Soviet control, Markov had changed his mind and testified in support<br />

of the Russian position, i.e., that the Germans had intimidated him into approving<br />

the commission report. 297<br />

Göring’s counsel, on the other hand, applied to have Professor F. Naville, the<br />

chairman of the commission, called to testify. On this point one can see the emptiness<br />

of the tribunal’s effectiveness in getting at the truth, even if it had wished<br />

to. Naville was a Swiss citizen, resident in Geneva, and could not be forced to testify<br />

and, in fact, he declined to testify. <strong>The</strong> motivation is obvious. <strong>The</strong> counsel for<br />

Field Marshall Keitel also requested that Naville (who had also been an International<br />

Red Cross representative) answer some questions (relative to a different<br />

subject) to be put to him in writing, but it appears that this interrogation did not<br />

materialize. Thus, the IMT tribunal, by its very nature, was prejudiced against the<br />

appearance of the most reliable type of witness: the citizen of a country which had<br />

been neutral during the war and independent after the war (I am only saying that<br />

the IMT could not compel testimony from such people; we have seen that Burckhardt,<br />

the President of the Red Cross, voluntarily answered written questions put<br />

to him in Switzerland for Kaltenbrunner’s defense). <strong>The</strong> defense ended up by calling<br />

three German soldiers to testify (three witnesses were allowed to each side on<br />

this matter). 298<br />

<strong>The</strong> tribunal’s final disposition of the Katyn issue was a disgrace even independent<br />

of the true facts concerning the atrocity: it was quietly dropped and does<br />

not appear in the judgment. <strong>The</strong> Germans were not “found” either guilty or not<br />

guilty of this Russian atrocity. <strong>The</strong> IMT ducked the whole matter.<br />

In 1952, the U.S. House of Representatives investigated the Katyn massacre<br />

and naturally made an inquiry into what had happened at the IMT in this respect.<br />

<strong>The</strong> Select Committee set up for this purpose accordingly held some hearings in<br />

Frankfurt, Germany, in April of that year. <strong>The</strong> Committee heard, among others,<br />

representatives of both the defense and prosecution legal staffs of the IMT. To<br />

speak for the German side, the Committee logically called Dr. Otto Stahmer, who<br />

had been counsel for the principal defendant Göring, who had also been the defendant<br />

who had pressed this particular matter at the IMT. To speak for the<br />

American prosecution, the Committee, surprisingly, chose Robert M. W. Kempner.<br />

Examination of the trial record reveals no reason why Kempner should have<br />

been selected for this role. That Kempner appears to have been living in Germany<br />

297<br />

298<br />

Belgion, 64-78.<br />

IMT, vol. 10, 648.<br />

207

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