Lord Shawcross QC
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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 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 #REDIRECT Nuremberg trials {{redirect category shell, {{R from other capitalisation{{R from move ...
. 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 His Majesty's Attorney General for England and Wales is the chief legal adviser to the Monarchy of the United Kingdom, sovereign and Government of the United Kingdom, Government in affairs pertaining to England and Wales as well as the highest ...
.


Early life

Hartley William Shawcross was born in Giessen, Germany, elder son of British parents, John Shawcross,
MA (Oxon) In the universities of Oxford, Cambridge, and Dublin, Bachelors of Arts (BAs) are promoted to the rank of Master of Arts (MA), typically upon application after three or four years after graduation. No further examination or study is required for ...
(1871–1966) and Hilda Constance (died 1942), daughter of G. Asser. At this time, his father was teaching English at
Giessen University University of Giessen, official name Justus Liebig University Giessen (), is a large public research university in Giessen, Hesse, Germany. It is one of the oldest institutions of higher education in the German-speaking world. It is named afte ...
. His younger brother,
Christopher Christopher is the English language, English version of a Europe-wide name derived from the Greek language, Greek name Χριστόφορος (''Christophoros'' or ''Christoforos''). The constituent parts are Χριστός (''Christós''), "Jesus ...
(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 The British undergraduate degree classification system is a grading structure used for undergraduate degrees or bachelor's degrees and integrated master's degrees in the United Kingdom. The system has been applied, sometimes with significant var ...
.


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 Sir Richard Stafford Cripps (24 April 1889 – 21 April 1952) was a British Labour Party (UK), Labour Party politician, barrister, and diplomat. A wealthy lawyer by background, Cripps first entered Parliament at a 1931 Bristol East by-election ...
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 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 thir ...
, 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 A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...
in 1945 upon his appointment as Attorney-General and named Chief Prosecutor for the United Kingdom at the
Nuremberg trials #REDIRECT Nuremberg trials {{redirect category shell, {{R from other capitalisation{{R from move ...
.


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
America The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
n,
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 (German, ) was a campaign of Homicide#By state actors, mass murder by involuntary euthanasia which targeted Disability, people with disabilities and the mentally ill in Nazi Germany. The term was first used in post-WWII, war trials against d ...
, 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 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 ...
, he prosecuted
William Joyce William Brooke Joyce (24 April 1906 – 3 January 1946), nicknamed Lord Haw-Haw, was an American-born Fascism, fascist and Propaganda of Nazi Germany, Nazi propaganda broadcaster during the World War II, Second World War. After moving from ...
("
Lord Haw-Haw Lord Haw-Haw was a nickname applied to William Joyce and several other people who broadcast Nazi propaganda to the United Kingdom from Germany during the Second World War. The broadcasts opened with "Germany calling, Germany calling," spoken i ...
") 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 of w ...
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 Klaus Emil Julius Fuchs (29 December 1911 – 28 January 1988) was a German theoretical physicist and atomic spy who supplied information from the American, British, and Canadian Manhattan Project to the Soviet Union during and shortly a ...
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 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 John George Haigh ( ; 24 July 1909 – 10 August 1949), commonly known as the Acid Bath Murderer, was an English serial killer convicted for the murder of six people, although he claimed to have killed nine. Haigh battered to death or shot his ...
, '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 The flag of the United Nations is a sky blue banner containing the United Nations' emblem in the centre. The emblem on the flag is coloured white; it is a depiction of the world map in the azimuthal equidistant projection (centred on the North ...
in 1946, but he was recalled in 1948 to lead for the government's interest at the
Lynskey tribunal The Lynskey tribunal was a British government inquiry, set up in October 1948 to investigate rumours of possible corruption in the Board of Trade. Under the chairmanship of a High Court judge, Sir George Lynskey, it sat in November and Dece ...
. 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 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 ...
. 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 Bevanism was a movement on the left wing of the Labour Party in the late 1950s led by Aneurin Bevan which also included Richard Crossman, Michael Foot and Barbara Castle. Bevanism was opposed by the Gaitskellites, moderate social democrats wit ...
members of the Cabinet resigned in protest of the introduction of
prescription charges In the United Kingdom most medicines are supplied via the National Health Service at either no charge, or for a fixed charge for up to three months' worth of any medicine. Charges for prescriptions for medicines and some medical appliances are pay ...
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 Hugh Todd Naylor Gaitskell (9 April 1906 – 18 January 1963) was a British politician who was Leader of the Labour Party (UK), Leader of the Labour Party and Leader of the Opposition (United Kingdom), Leader of the Opposition from 1955 until ...
.


Return to opposition

Shawcross ended his law career in 1951, the same year as the defeat of the second
Attlee ministry Clement Attlee was invited by King George VI to form the first Attlee ministry in the United Kingdom on 26 July 1945, succeeding Winston Churchill as prime minister of the United Kingdom. The Labour Party (UK), Labour Party had won a landslide ...
. 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 John Bodkin Adams (21 January 18994 July 1983) was a British general practitioner, convicted fraudster, and suspected serial killer. Between 1946 and 1956, 163 of his patients died while in comas, which was deemed to be worthy of investigation ...
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 The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English a ...
, 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 Sussex ( /ˈsʌsɪks/; from the Old English ''Sūþseaxe''; lit. 'South Saxons'; 'Sussex') is an area within South East England that was historically a kingdom and, later, a county. It includes the ceremonial counties of East Sussex and We ...
, 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 A crossbencher is a minor party or independent member of some legislatures, such as the Parliament of Australia. In the British House of Lords the term refers to members of the parliamentary group of non-political peers. They take their name fr ...
.


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 The New Year Honours 1974 were appointments in many of the Commonwealth realms of Queen Elizabeth II to Orders and decorations of the Commonwealth realms, various orders and honours to reward and highlight good works by citizens of those countrie ...
, 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 valuable service in a wide range of useful activities. It comprises five classes of awards across both civil and military divisions, the most senior two o ...
(GBE). Shawcross held a number of company directorships including with
EMI EMI Group Limited (formerly EMI Group plc until 2007; originally an initialism for Electric and Musical Industries, also referred to as EMI Records or simply EMI) was a British transnational conglomerate founded in March 1931 in London. At t ...
, 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. ICC represents over 45 million businesses in over 170 countries who have interest ...
's Commission on Unethical Practices and of
Morgan Guaranty Trust Company J.P. Morgan & Co. is an American financial institution specialized in investment banking, asset management and private banking founded by financier J. P. Morgan in 1871. Through a series of mergers and acquisitions, the company is now a subsidi ...
'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 The name Social Democratic Party or Social Democrats has been used by many political parties in various countries around the world. Such parties are most commonly aligned to social democracy as their political ideology. Active parties Form ...
, 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 The South Downs are a range of chalk hills in the south-eastern coastal counties of England 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 E ...
on 26 January 1974. They had three children: the author and historian
William Shawcross Sir William Hartley Hume Shawcross (born 28 May 1946) is a British journalist, writer, and broadcaster. He is the incumbent Commissioner for Public Appointments. From 2012 to 2018 he chaired the Charity Commission for England and Wales. Shawcr ...
, 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 The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisio ...
; 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 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 we ...
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 conten ...
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