Hartley Shawcross

Hartley William Shawcross, Baron Shawcross, GBE, PC, QC (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 immediately after World War II and as Attorney General for England and Wales.


The Lord Shawcross

GBE PC QC
Hartley Shawcross being interviewed in 1954
President of the Board of Trade
In office
24 April 1951  26 October 1951
Prime MinisterClement Attlee
Preceded byHarold Wilson
Succeeded byPeter Thorneycroft
Attorney General for England and Wales
In office
4 August 1945  24 April 1951
Prime MinisterClement Attlee
Preceded bySir David Maxwell Fyfe
Succeeded bySir Frank Soskice
Member of Parliament
for St Helens
In office
5 July 1945  12 June 1958
Preceded byWilliam Albert Robinson
Succeeded byLeslie Spriggs
Member of the House of Lords
Lord Temporal
In office
14 February 1959  10 July 2003
Life peerage
Personal details
Born
Hartley William Shawcross

(1902-02-04)4 February 1902
Giessen, German Empire
Died10 July 2003(2003-07-10) (aged 101)
Cowbeech, East Sussex, England
NationalityBritish
Political partyLabour (before 1959)
Other political
affiliations
Crossbencher (19592003)
Spouse(s)
    Alberta Rosita Shyvers
    (m. 1924; died 1943)
      Joan Winifred Mather
      (m. 1944; died 1974)
        Susanne Monique Huiskamp
        (m. 1997)
        Children3 (by Mather; including William)
        EducationDulwich College
        Alma mater
        AwardsKnight Bachelor (1945)

        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. He attended Dulwich College, the London School of Economics and the University of Geneva and read for the Bar at Gray's Inn, where he won first-class honours.

        Career

        He joined the Labour Party at a young age and served as Member of Parliament for St Helens, Lancashire from 1945[1] to 1958, being appointed to be Attorney General in 1945[2] until 1951. It was in 1946 when debating the repeal of laws against trade unions in the House of Commons that Shawcross allegedly said "We are the masters now",[3] a phrase that came to haunt him.

        He was knighted in 1945 upon his appointment as Attorney-General[4] 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 and French prosecutors. Shawcross's opening speech, which lasted two days, the 26 and 27 July 1946, sought to undermine any belief that the Nuremberg Trials were victor's justice (an exacted vengeance against defeated foes). Instead, 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 the thousands of Germans exterminated because they were old or mentally ill. He used the same argument for the millions of other people "annihilated in the gas chambers or by shooting" and maintained that each of the 22 defendants was a party to "common murder in its most ruthless forms".[5][6]

        Attorney-General and UN Factotum

        As Attorney-General, he prosecuted William Joyce ("Lord Haw-Haw") and John Amery for treason, Klaus Fuchs and Alan Nunn May for giving atomic secrets to the Soviet Union, and John George Haigh, known as 'the acid bath murderer'.

        From 1945 to 1949, he was Britain's principal delegate to the United Nations and was involved in the official adoption of the UN flag in 1946,[7] 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 left his name to a Parliamentary principle, in a defense 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.[8][9]

        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, 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.[10] The meeting added to concerns that the Adams trial was the subject of concerted judicial and political interference.

        Shawcross resigned from Parliament 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,[11] and sat in the House of Lords 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 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".[12]

        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."[12]

        In the 1974 New Year Honours Lord Shawcross was appointed a Knight Grand Cross of the Order of the British Empire (GBE).[13]

        Philanthropy and awards

        In 1957, he was among a group of eminent British lawyers who founded JUSTICE, 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 and served as chancellor of the university from 1965-85.

        He was the President of the charity Attend[14] (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 on 26 January 1974.

        His second wife gave birth to two sons, the author and historian William Shawcross and Hume Shawcross, and a daughter, Dr Joanna Shawcross.

        At the age of 95 he married Susanne Monique (née Jansen), formerly wife of Gerald B. Huiskamp,[15] on 18 April 1997 in Gibraltar.

        He died at home at Cowbeech, East Sussex, at the age of 101. Lady Shawcross died on 2 March 2013.[16]

        He is buried in the churchyard at Jevington in Sussex.

        Hartley Shawcross Gravestone - Jevington, East Sussex.

        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.[17] A later skipper of the boat, John Crill, recalls being told[17] 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

        Coat of arms of Hartley Shawcross
        Crest
        Upon the Battlements of a Tower proper a Martlet Gules holding in the beak a Cross Paty fitchy Or
        Escutcheon
        Per pale Azure and Gules on a Saltire between four Annulets Argent an Ermine Spot Sable
        Supporters
        Dexter: a Lion Argent gorged with a Chain Sable pendant therefrom an Escutcheon also Sable charged with a Balance Or; Sinister: a Griffin Sable armed and langued Azure gorged with a Chain pendent therefrom a Portcullis Or

        References

        1. "No. 37238". The London Gazette. 24 August 1945. p. 4294.
        2. "No. 37222". The London Gazette. 14 August 1945. p. 4135.
        3. This is the wording usually quoted, and is attested by eyewitness Lord Bruce in a New Statesman article, but it is still a matter of dispute. For full details see Wikiquote, Hartley Shawcross, Baron Shawcross.
        4. "No. 37243". The London Gazette. 28 August 1945. p. 4345.
        5. "NAZIS LEADERS LOSING HOPE". Examiner (Launceston, Tas. : 1900 - 1954). 29 July 1946. p. 1. Retrieved 3 January 2020.
        6. Trial of the Major War Criminals Before the International Military Tribunal. 19. 1946. pp. 432–528.
        7. "United Nations Flag Approved by General Assembly's Legal Committee". United Nations Photo.
        8. Shawcross, Hartley (29 January 1951). "Prosecutions (Attorney-General's Responsibility)". Hansard. House of Commons Debates (c681).
        9. Heintzman, Ralph (16 May 2020). "The real meaning of the SNC-Lavalin affair". The Globe and Mail Inc.
        10. Cullen, Pamela V. (2006). A Stranger in Blood: The Case Files on Dr John Bodkin Adams. London, UK: Elliott & Thompson. ISBN 978-1-904027-19-5.
        11. "No. 41637". The London Gazette. 17 February 1959. p. 1164.
        12. "Obituaries: Lord Shawcross". The Telegraph. 11 July 2003. Retrieved 17 July 2011.
        13. "No. 46162". The London Gazette (Supplement). 1 January 1974. p. 7.
        14. "Attend VIPs | Attend".
        15. Burke's Peerage 1999, vol. 2, p. 2594
        16. "Peerage News: The Baroness Shawcross". 6 March 2013.
        17. "Vanity V". Classic Yacht Info.

        Bibliography

        • Shawcross, H. (1995). Life Sentence. London: Constable. ISBN 978-0-09-474980-1.
        Parliament of the United Kingdom
        Preceded by
        William Albert Robinson
        Member of Parliament for St Helens
        19451958
        Succeeded by
        Leslie Spriggs
        Legal offices
        Preceded by
        Sir David Maxwell Fyfe
        Attorney General for England and Wales
        1945–1951
        Succeeded by
        Sir Frank Soskice
        Political offices
        Preceded by
        Harold Wilson
        President of the Board of Trade
        April–October 1951
        Succeeded by
        Peter Thorneycroft
        Media offices
        Preceded by
        Edward Pearce
        Chairman of the Press Council
        1974–1978
        Succeeded by
        Patrick Neill
        Honorary titles
        Preceded by
        The Lord Balfour of Inchrye
        Senior Privy Counsellor
        1988–2003
        With: The Earl of Listowel (1988–1997)
        Succeeded by
        The Duke of Edinburgh
        Preceded by
        The Lord Shackleton
        Senior life peer
        1994–2003
        Succeeded by
        The Lord Chalfont
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