Hartley Shawcross
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Hartley William Shawcross, Baron Shawcross, (4 February 1902 – 10 July 2003), known from 1945 to 1959 as Sir Hartley Shawcross, was an English barrister and Labour politician who served as the lead British prosecutor at the Nuremberg War Crimes tribunal. He also served as Britain's principal delegate to the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
immediately after the
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...
and as
Attorney General for England and Wales His Majesty's Attorney General for England and Wales is one of the law officers of the Crown and the principal legal adviser to sovereign and Government in affairs pertaining to England and Wales. The attorney general maintains the Attorney G ...
.


Early life

Hartley William Shawcross was born in Giessen, Germany, to British parents, John and Hilda Constance (Asser) Shawcross, while his father was teaching English at
Giessen University University of Giessen, official name Justus Liebig University Giessen (german: Justus-Liebig-Universität Gießen), is a large public research university in Giessen, Hesse, Germany. It is named after its most famous faculty member, Justus von L ...
. He attended
Dulwich College Dulwich College is a 2–19 Independent school (United Kingdom), independent, Day school, day and boarding school for Single-sex education, boys in Dulwich, London, England. As a Public school (United Kingdom), public school, it began as the Col ...
, the
London School of Economics The London School of Economics and Political Science (LSE) is a public university, public research university located in London, England and a constituent college of the federal University of London. Founded in 1895 by Fabian Society members Sidn ...
and the
University of Geneva The University of Geneva (French: ''Université de Genève'') is a public research university located in Geneva, Switzerland. It was founded in 1559 by John Calvin as a theological seminary. It remained focused on theology until the 17th centur ...
and read for the Bar at
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and W ...
, where he won
first-class honours The British undergraduate degree classification system is a grading structure for undergraduate degrees or bachelor's degrees and integrated master's degrees in the United Kingdom. The system has been applied (sometimes with significant variati ...
.


Career

He joined the Labour Party and was
Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members o ...
for St Helens,
Lancashire Lancashire ( , ; abbreviated Lancs) is the name of a historic county, ceremonial county, and non-metropolitan county in North West England. The boundaries of these three areas differ significantly. The non-metropolitan county of Lancash ...
from 1945 to
1958 Events January * January 1 – The European Economic Community (EEC) comes into being. * January 3 – The West Indies Federation is formed. * January 4 ** Edmund Hillary's Commonwealth Trans-Antarctic Expedition completes the third ...
, being appointed to be Attorney General in 1945 until 1951. In 1946, when debating the repeal of laws against
trade unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
in the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
, Shawcross allegedly said "We are the masters now", a phrase that came to haunt him. He was knighted in 1945 upon his appointment as Attorney-General and named Chief Prosecutor for the United Kingdom at the
Nuremberg Trials The Nuremberg trials were held by the Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded m ...
.


Nuremberg Trials

Shawcross's advocacy before the Nuremberg Trial was passionate. His most famous line was: "There comes a point when a man must refuse to answer to his leader if he is also to answer to his own conscience". He avoided the crusading style of American,
Soviet The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nation ...
, and French prosecutors. Shawcross's opening speech, which lasted two days, 26 and 27 July 1946, sought to undermine any belief that the Nuremberg Trials were "victor's justice" in the sense of being revenge exacted against defeated foes. He focused on the rule of law and demonstrated that the laws that the defendants had broken, expressed in international treaties and agreements, were those to which prewar Germany had been a party. In his closing speech, he ridiculed any notion that any of the defendants could have remained ignorant of
Aktion T4 (German, ) was a campaign of mass murder by involuntary euthanasia in Nazi Germany. The term was first used in post- war trials against doctors who had been involved in the killings. The name T4 is an abbreviation of 4, a street address o ...
, extermination of thousands of Germans because they were old or mentally ill. He used the same argument in respect of millions of other people "annihilated in the
gas chamber A gas chamber is an apparatus for killing humans or other animals with gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is introduced. Poisonous agents used include hydrogen cyanide and carbon monoxide. History ...
s or by shooting" and maintained that each of the 22 defendants was a party to "common murder in its most ruthless forms".


Attorney-General and UN Factotum

As
Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
, he prosecuted
William Joyce William Brooke Joyce (24 April 1906 – 3 January 1946), nicknamed Lord Haw-Haw, was an American-born fascist and Nazi propaganda broadcaster during the Second World War. After moving from New York to Ireland and subsequently to England, ...
("
Lord Haw-Haw Lord Haw-Haw was a nickname applied to William Joyce, who broadcast Nazi propaganda to the UK from Germany during the Second World War. The broadcasts opened with "Germany calling, Germany calling", spoken in an affected upper-class English acc ...
") and
John Amery John Amery (14 March 1912 – 19 December 1945) was a British fascist and Nazi collaborator during World War II. He was the originator of the British Free Corps, a volunteer Waffen-SS unit composed of former British and Dominion prisoners-o ...
for
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, Klaus Fuchs and
Alan Nunn May Alan Nunn May (sometimes Allan) (2 May 1911 – 12 January 2003) was a British physicist and a confessed and convicted Soviet spy who supplied secrets of British and American atomic research to the Soviet Union during World War II. Early li ...
for giving atomic secrets to the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...
, and John George Haigh, 'the acid bath murderer'. From 1945 to 1949, he was Britain's principal delegate to the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
and was involved in the official adoption of the Flag of the United Nations in 1946, but he was recalled in 1948 to lead for the government's interest at the Lynskey tribunal. In 1951, he briefly served as President of the Board of Trade until the Labour government's defeat in the election of that year. Shawcross lent his name to a Parliamentary principle, in a defence of his conduct regarding an illegal strike, that the Attorney-General "is not to be put, and is not put, under pressure by his colleagues in the matter" of whether or not to establish
criminal proceedings Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or i ...
. In 1951, he replaced Harold Wilson as President of the Board of Trade after Wilson and the Bevanite members of the Cabinet resigned in protest of the introduction of
prescription charges Charges for prescriptions for medicines and some medical appliances are payable by adults in England under the age of 60. However, people may be exempt from charges in various exemption categories. Charges were abolished by NHS Wales in 2007, Hea ...
for the
National Health Service The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the " ...
by Chancellor of the Exchequer Hugh Gaitskell.


Return to opposition

Shawcross ended his law career in 1951, the same year as the defeat of the second Attlee ministry. He was expected to become a
Tory A Tory () is a person who holds a political philosophy known as Toryism, based on a British version of traditionalism and conservatism, which upholds the supremacy of social order as it has evolved in the English culture throughout history. The ...
, earning him the nickname "Sir Shortly Floorcross", but instead he remained true to his Labour roots. During the committal hearing for the suspected serial killer doctor John Bodkin Adams in January 1957, he was seen dining with the defendant's suspected lover, Sir Roland Gwynne (Mayor of Eastbourne from 1929–31), and
Lord Goddard William Edgar Rayner Goddard, Baron Goddard, (10 April 1877 – 29 May 1971) was Lord Chief Justice of England and Wales, Lord Chief Justice of England from 1946 to 1958, known for his strict sentencing and mostly conservative views despite be ...
, the
Lord Chief Justice Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
, at a hotel in Lewes. The meeting added to concerns that the Adams trial was the subject of concerted judicial and political interference. Shawcross resigned from
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
in 1958, saying he was tired of party politics.


Elevation

Shawcross was made one of Britain's first life peers on 14 February 1959 as Baron Shawcross, of Friston in the County of Sussex, and sat in the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
as a crossbencher.


Chancellor of the University of Sussex

From 1965 to 1985 Shawcross was the ndChancellor of the
University of Sussex , mottoeng = Be Still and Know , established = , type = Public research university , endowment = £14.4 million (2020) , budget = £319.6 million (2019–20) , chancellor = Sanjeev Bhaskar , vice_chancellor = Sasha Roseneil , ...
.


Defending press freedom

In 1961, he was appointed the chairman of the second Royal Commission on the Press. In 1967 he became one of the directors of ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper '' The Sunday Times'' (f ...
'' responsible for ensuring its editorial independence. He resigned on being appointed chairman of the Press Council in 1974. From 1974 to 1978, he was chairman of the Press Council and is described as "forthright in his condemnation both of journalists who committed excesses and of proprietors who profited from them" and as a "doughty defender of press freedom". In 1983, Shawcross chaired a Tribunal of Enquiry to handle a protest over the outcome of the
1983 British Saloon Car Championship The 1983 RAC Trimoco British Saloon Car Championship was the 26th season of the championship. Steve Soper driving a works Rover SD1 built by TWR was initially champion, but after he and the team was disqualified on a technicality, Andy Rouse wo ...
.


Later years

In October 1974, he poured scorn on a Labour Party pamphlet that recommended the application of "internal democracy" to editorial policy, saying "This means that... there would be some sort of committee consisting at the best of a mixture of van drivers, press operators, electricians and the rest, with no doubt a few journalists, but more probably composed of trade union officials, to deal with editorial policy." In the 1974 New Year Honours, Lord Shawcross was appointed a
Knight Grand Cross of the Order of the British Empire The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established o ...
(GBE). Shawcross held a number of company directorships including with
EMI EMI Group Limited (originally an initialism for Electric and Musical Industries, also referred to as EMI Records Ltd. or simply EMI) was a British Transnational corporation, transnational Conglomerate (company), conglomerate founded in March 1 ...
, Rank Hovis MacDougall, Caffyns Motors Ltd, Morgan et Cie SA, and
Times Newspapers News Corp UK & Ireland Limited (trading as News UK, formerly News International and NI Group) is a British newspaper publisher, and a wholly owned subsidiary of the American mass media conglomerate News Corp. It is the current publisher of ' ...
, and chairman of Upjohn & Co Ltd. He had served as chairman of the
International Chamber of Commerce The International Chamber of Commerce (ICC; French: ''Chambre de commerce internationale'') is the largest, most representative business organization in the world. Its over 45 million members in over 100 countries have interests spanning every sec ...
's Commission on Unethical Practices and of
Morgan Guaranty Trust Company J.P. Morgan & Co. is a commercial and investment banking institution founded by J. P. Morgan in 1871. Through a series of mergers and acquisitions, the company is now a subsidiary of JPMorgan Chase, one of the largest banking institutions in t ...
's Internal Advisory Council.


Philanthropy and awards

In 1957, he was among a group of eminent British lawyers who founded
JUSTICE Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
, the human rights and law reform organisation and he became its first chairman, a position he held until 1972. He was instrumental in the foundation of the
University of Sussex , mottoeng = Be Still and Know , established = , type = Public research university , endowment = £14.4 million (2020) , budget = £319.6 million (2019–20) , chancellor = Sanjeev Bhaskar , vice_chancellor = Sasha Roseneil , ...
and served as chancellor of the university from 1965-85. He was the President of the charity Attend (then National Association of Leagues of Hospital Friends) from 1962–72.


Personal life

Lord Shawcross was married three times. His first wife, Alberta Rosita Shyvers (m. 24 May 1924), suffered from multiple sclerosis and committed suicide on 30 December 1943. His second wife, Joan Winifred Mather (m. 21 September 1944), died in a riding accident on the
Sussex Downs The South Downs are a range of chalk hills that extends for about across the south-eastern coastal counties of England from the Itchen valley of Hampshire in the west to Beachy Head, in the Eastbourne Downland Estate, East Sussex, in the eas ...
on 26 January 1974. They had three children - the author and historian
William Shawcross William Hartley Hume Shawcross (born 28 May 1946, in Sussex, England) is a British writer and commentator, and a former Chairman of the Charity Commission for England and Wales. Education Shawcross was educated at St Aubyns Preparatory School ...
, Hume Shawcross and Dr Joanna Shawcross. At the age of 95, he married Susanne Monique (née Jansen), formerly wife of Gerald B. Huiskamp, on 18 April 1997 in
Gibraltar ) , anthem = " God Save the King" , song = " Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gib ...
. Lady Shawcross died on 2 March 2013. Lord Shawcross died on 10 July 2003 at home at Cowbeech, East Sussex, at the age of 101 and is buried in the churchyard at Jevington in Sussex. Shawcross was a member of the
Royal Yacht Squadron The Royal Yacht Squadron (RYS) is a British yacht club. Its clubhouse is Cowes Castle on the Isle of Wight in the United Kingdom. Member yachts are given the suffix RYS to their names, and are permitted (with the appropriate warrant) to w ...
and the
Royal Cornwall Yacht Club Situated on the waterfront setting of the Greenbank area in Falmouth, the Royal Cornwall Yacht Club (RCYC) was formed in 1871, and is the 15th oldest “Royal” yacht club in England. History In 1871 the forty-seven founding members of the cl ...
. From 1947 to 1960 he was the owner of ''Vanity V'', a
12-metre class The 12 Metre class is a rating class for racing sailboats that are designed to the International rule. It enables fair competition between boats that rate in the class whilst retaining the freedom to experiment with the details of their designs. ...
racing yacht designed by
William Fife William Fife Jr. (15 June 1857 – 11 August 1944), also known as William Fife III, was the third generation of a family of Scottish yacht designers and builders. In his time, William Fife designed around 600 yachts, including two contende ...
to the Third International Rule, built in 1936, which he kept at his home in Cornwall. A later skipper of the boat, John Crill, recalls being told that Lord Shawcross, "when the election was due in about 1951, had ''Vanity V'' repainted with a vast 'Vote Labour' banner all the way along her topsides".


Coat of arms


References


Bibliography

*


External links

* * *
Obituary, ''The Independent'', 11 July 2003 by James Morton
*
Appearance on Desert Island Discs (7 July 1991)
* {{DEFAULTSORT:Shawcross, Hartley William 1902 births 2003 deaths Alumni of the London School of Economics Articles containing video clips Attorneys General for England and Wales British King's Counsel British centenarians British expatriates in Switzerland Crossbench life peers Knights Bachelor Knights Grand Cross of the Order of the British Empire Labour Party (UK) MPs for English constituencies Labour Party (UK) life peers Members of Gray's Inn Members of the Privy Council of the United Kingdom Men centenarians Ministers in the Attlee governments, 1945–1951 People associated with the University of Sussex People educated at Dulwich College Presidents of the Board of Trade Prosecutors of the International Military Tribunal in Nuremberg 20th-century King's Counsel Hartley Shawcross Social Democratic Party (UK) life peers UK MPs 1945–1950 UK MPs 1950–1951 UK MPs 1951–1955 UK MPs 1955–1959 UK MPs who were granted peerages Life peers created by Elizabeth II