Hartley William Shawcross, Baron Shawcross, (4 February 1902 – 10 July 2003), known from 1945 to 1959 as Sir Hartley Shawcross, was an English
barrister
A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
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 the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
immediately after the
Second World War
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
and as
Attorney General for England.
Early life
Hartley William Shawcross was born in
Giessen, Germany, elder son of British parents, John Shawcross,
MA (Oxon) (1871–1966) and Hilda Constance (died 1942), daughter of G. Asser. At this time, his father was teaching English at
Giessen University. His younger brother,
Christopher (1905–1973), was a barrister and Labour party politician. Shawcross attended
Dulwich College
Dulwich College is a 2-18 private, day and boarding school for boys in Dulwich, London, England. As a public school, it began as the College of God's Gift, founded in 1619 by Elizabethan actor Edward Alleyn, with the original purpose of ...
, the
London School of Economics
The London School of Economics and Political Science (LSE), established in 1895, is a public research university in London, England, and a member institution of the University of London. The school specialises in the social sciences. Founded ...
and the
University of Geneva
The University of Geneva (French: ''Université de Genève'') is a public university, public research university located in Geneva, Switzerland. It was founded in 1559 by French theologian John Calvin as a Theology, theological seminary. It rema ...
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 Wale ...
, where he won
first-class honours.
Career
During his initial career as a barrister, Shawcross was part of the legal team hired by the colliery owners at the inquiry into the
Gresford Colliery disaster in 1934,
Stafford Cripps in counterpart representing the miners' union.
He joined the
Labour Party and was
Member of Parliament for
St Helens,
Lancashire
Lancashire ( , ; abbreviated ''Lancs'') is a ceremonial county in North West England. It is bordered by Cumbria to the north, North Yorkshire and West Yorkshire to the east, Greater Manchester and Merseyside to the south, and the Irish Sea to ...
, from 1945 to
1958, being appointed to be
Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
in 1945 until 1951. In 1946, when debating the repeal of laws against
trade unions
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
in the
House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, 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 ...
, 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.
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 Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
, 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
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
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, 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 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
Donatie ...
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, he prosecuted
William Joyce ("
Lord Haw-Haw") and
John Amery for
treason
Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
,
Klaus Fuchs and
Alan Nunn May for giving atomic secrets to the
Soviet Union
The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
, 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 the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
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
The president of the Board of Trade is head of the Board of Trade. A committee of the His Majesty's Most Honourable Privy Council, Privy Council of the United Kingdom, it was first established as a temporary committee of inquiry in the 17th centur ...
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.]
In 1951, he replaced Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx (11 March 1916 – 23 May 1995) was a British statesman and Labour Party (UK), Labour Party politician who twice served as Prime Minister of the United Kingdom, from 1964 to 1970 and again from 197 ...
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 for the National Health Service
The National Health Service (NHS) is the term for the publicly funded health care, publicly funded healthcare systems of the United Kingdom: the National Health Service (England), NHS Scotland, NHS Wales, and Health and Social Care (Northern ...
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 Conservative
Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
, 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, the Lord Chief Justice, 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: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
in 1958, saying he was tired of party politics.
Elevation
Shawcross was made one of Britain's first life peer
In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...
s 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 is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
as a crossbencher.
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 Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
'' 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 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 1983, Shawcross chaired a Tribunal of Enquiry to handle a protest over the outcome of the 1983 British Saloon Car Championship.
Chancellor of the University of Sussex
From 1965 to 1985 Shawcross was Chancellor of the University of Sussex
The University of Sussex is a public university, public research university, research university located in Falmer, East Sussex, England. It lies mostly within the city boundaries of Brighton and Hove. Its large campus site is surrounded by the ...
.
Later years
In the 1974 New Year Honours, Lord Shawcross was appointed a Knight Grand Cross of the Order of the British Empire (GBE).
Shawcross held a number of company directorships including with EMI, Rank Hovis MacDougall, Caffyns Motors Ltd, Morgan et Cie SA, and Times Newspapers, and chairman of Upjohn & Co Ltd. He had served as chairman of the International Chamber of Commerce's Commission on Unethical Practices and of Morgan Guaranty Trust Company's Internal Advisory Council.
In the 1980s, Shawcross was sympathetic towards Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher (; 13 October 19258 April 2013), was a British stateswoman who served as Prime Minister of the United Kingdom from 1979 to 1990 and Leader of the Conservative Party (UK), Leader of th ...
and the Social Democratic Party, but never joined another political party.[
]
Philanthropy and awards
In 1957, he was among a group of eminent British lawyers who founded JUSTICE
In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
, 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
The University of Sussex is a public university, public research university, research university located in Falmer, East Sussex, England. It lies mostly within the city boundaries of Brighton and Hove. Its large campus site is surrounded by the ...
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
Multiple sclerosis (MS) is an autoimmune disease resulting in damage to myelinthe insulating covers of nerve cellsin the brain and spinal cord. As a demyelinating disease, MS disrupts the nervous system's ability to Action potential, transmit ...
and died by suicide
Suicide is the act of intentionally causing one's own death.
Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or ac ...
on 30 December 1943.[
His second wife, Joan Winifred Mather (m. 21 September 1944), died in a riding accident on the Sussex Downs on 26 January 1974. They had three children: the author and historian William Shawcross, 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
Gibraltar ( , ) is a British Overseas Territories, British Overseas Territory and British overseas cities, city located at the southern tip of the Iberian Peninsula, on the Bay of Gibraltar, near the exit of the Mediterranean Sea into the A ...
. His family had opposed the marriage out of concern for Shawcross' declining abilities in old age, and had him placed under the supervision of the Court of Protection; they won a court ruling "after the humiliation of medical and psychological tests" concluded Shawcross was "was incapable of rational decision", but Shawcross and his future wife eloped to Gibraltar, where the courts ruled the opposite.[ Lady Shawcross died on 2 March 2013.
Shawcross was a member of the Royal Yacht Squadron and the Royal Cornwall Yacht Club.][ From 1947 to 1960 he was the owner of ''Vanity V'', a 12-metre class racing yacht designed by William Fife 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".
Lord Shawcross died on 10 July 2003 at home at Cowbeech, East Sussex, at the age of 101 and is buried in the churchyard of St Andrew's Church, Jevington, East Sussex.[https://www.lovethesouthdowns.org.uk/places/st-andrews-jevington Retrieved 23 September 2024]
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
English King's Counsel
English men 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
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
Chancellors of the University of Sussex