Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01

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Title: Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01

Author: Various

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*** START OF THE PROJECT GUTENBERG EBOOK TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THE INTERNATIONAL MILITARY TRIBUNAL, NUREMBURG, 14 NOVEMBER 1945-1 OCTOBER 1946, VOLUME 01 ***

TRIAL
OF
THE MAJOR WAR CRIMINALS

BEFORE

THE INTERNATIONAL
MILITARY TRIBUNAL

N U R E M B E R G
14 NOVEMBER 1945-1 OCTOBER 1946

[Illustration]

P U B L I S H E D A T N U R E M B E R G , G E R M A N Y
1 9 4 7

This volume is published in accordance with the
direction of the International Military Tribunal by
the Secretariat of the Tribunal, under the jurisdiction
of the Allied Control Authority for Germany.

VOLUME I

O F F I C I A L T E X T

I N T H E

ENGLISH LANGUAGE

OFFICIAL DOCUMENTS

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST
REPUBLICS

— against —

HERMANN WILHELM GÖRING, RUDOLF HESS, JOACHIM VON RIBBENTROP,
ROBERT LEY, WILHELM KEITEL, ERNST KALTENBRUNNER, ALFRED
ROSENBERG, HANS FRANK, WILHELM FRICK, JULIUS STREICHER, WALTER
FUNK, HJALMAR SCHACHT, GUSTAV KRUPP VON BOHLEN UND HALBACH, KARL
DÖNITZ, ERICH RAEDER, BALDUR VON SCHIRACH, FRITZ SAUCKEL, ALFRED
JODL, MARTIN BORMANN, FRANZ VON PAPEN, ARTHUR SEYSS-INQUART,
ALBERT SPEER, CONSTANTIN VON NEURATH, and HANS FRITZSCHE,
Individually and as Members of Any of the Following Groups or
Organizations to which They Respectively Belonged, Namely: DIE
REICHSREGIERUNG (REICH CABINET); DAS KORPS DER POLITISCHEN
LEITER DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI
(LEADERSHIP CORPS OF THE NAZI PARTY); DIE SCHUTZSTAFFELN DER
NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (commonly known
as the “SS”) and including DER SICHERHEITSDIENST (commonly known
as the “SD”); DIE GEHEIME STAATSPOLIZEI (SECRET STATE POLICE,
commonly known as the “GESTAPO”); DIE STURMABTEILUNGEN DER NSDAP
(commonly known as the “SA”); and the GENERAL STAFF and HIGH
COMMAND of the GERMAN ARMED FORCES, all as defined in Appendix B
of the Indictment,

Defendants.

P R E F A C E

Recognizing the importance of establishing for history an authentic text
of the Trial of major German war criminals, the International Military
Tribunal directed the publication of the Record of the Trial. The
proceedings are published in English, French, Russian, and German, the
four languages used throughout the hearings. The documents admitted in
evidence are printed only in their original language.

The first volume contains basic, official, pre-trial documents together
with the Tribunal’s judgment and sentence of the defendants. In
subsequent volumes the Trial proceedings are published in full from the
preliminary session of 14 November 1945 to the closing session of 1
October 1946. They are followed by an index volume. Documents admitted
in evidence conclude the publication.

The proceedings of the International Military Tribunal were recorded in
full by stenographic notes, and an electric sound recording of all oral
proceedings was maintained.

Reviewing sections have verified in the four languages citations,
statistics, and other data, and have eliminated obvious grammatical
errors and verbal irrelevancies. Finally, corrected texts have been
certified for publication by Colonel Ray for the United States, Mr.
Mercer for the United Kingdom, Mr. Fuster for France, and Major Poltorak
for the Union of Soviet Socialist Republics.

CONTENTS

=Members and alternate members of the Tribunal= 1

=Officials of the General Secretariat= 2

=Prosecution Counsel= 3

=Individual defendants and Defense Counsel= 6

=Establishment of the Tribunal=
London Agreement of 8 August 1945 8
Charter of the International Military Tribunal 10
Protocol rectifying discrepancy in text of the
Charter 17

=Rules of Procedure= 19

=Minutes of the opening session of the Tribunal,=
=at Berlin, 18 October 1945= 24

=Indictment=
Text of Indictment 27
Motion of the Prosecution for correcting
discrepancies in the Indictment 93
Pleas of individual defendants 94
Letter of reservation by the United States Prosecutor
in regard to wording of the Indictment 95

=Notice=
Order of the Tribunal regarding notice to individual
defendants 96
Order of the Tribunal regarding notice to members of
groups and organizations 97
Order of the Tribunal regarding notice to Defendant
Bormann 102

=Service=
Certificates of compliance with orders of the
Tribunal regarding notice to members of groups and
organizations and to Defendant Bormann 104
Certificates of service on individual defendants 117
Certificate of service on Defendant Gustav Krupp von
Bohlen and medical certificates attached thereto 118
Acknowledgment of service by Defendant Fritzsche and
Defendant Raeder 123

=Motion on behalf of Defendant Gustav Krupp von=
=Bohlen for postponement of the Trial as to him,=
=and action taken thereon=
Motion, and medical certificates attached thereto 124
Report of medical commission appointed to examine
Defendant Gustav Krupp von Bohlen 127
Answer of the United States Prosecution to the motion 134
Memorandum of the British Prosecution on the motion 139
Memorandum of the French Prosecution on the motion 141
Supplemental memorandum of the French Prosecution 142
Order of the Tribunal granting postponement of
proceedings against Gustav Krupp von Bohlen 143
Supplementary statement of the United States
Prosecution 144
Motion of the Committee of Chief Prosecutors to amend
the Indictment by adding the name of Alfried Krupp
von Bohlen as a defendant 145
Order of the Tribunal rejecting the motion to amend
the Indictment 146
Memorandum of the French Prosecution on the order of
the Tribunal rejecting the motion to amend the
Indictment 147

=Motion on behalf of Defendant Streicher for=
=postponement of the Trial as to him,=
=and action taken thereon=
Motion on behalf of Defendant Streicher 148
Memorandum of the United States Prosecution on the
motion 149
Memorandum of the British Prosecution on the motion 150
Motion of the Soviet Prosecution for a psychiatric
examination of Defendant Streicher 152
Order of the Tribunal regarding a psychiatric
examination of Defendant Streicher 153
Report of examination of Defendant Streicher 154

=Medical examination of Defendant Hess=
Motion on behalf of Defendant Hess for an examination
by a neutral expert 155
Order of the Tribunal rejecting the motion, and
designating a commission to examine Defendant Hess 157
Report of commission to examine Defendant Hess 159
Report of prison psychologist 166

=Motion adopted by all Defense Counsel,=
=19 November 1945= 168

=Judgment= 171

=Dissenting opinion of the Soviet Judge= 342

=Sentences= 365

MEMBERS AND ALTERNATE MEMBERS
OF THE TRIBUNAL

LORD JUSTICE LAWRENCE, Member for the United Kingdom of Great
Britain and Northern Ireland, President

MR. JUSTICE BIRKETT, Alternate Member

MR. FRANCIS BIDDLE, Member for the United States of America

JUDGE JOHN J. PARKER, Alternate Member

M. LE PROFESSEUR DONNEDIEU DE VABRES, Member for the French
Republic

M. LE CONSEILLER R. FALCO, Alternate Member

MAJOR GENERAL I. T. NIKITCHENKO, Member for the Union of Soviet
Socialist Republics

LIEUTENANT COLONEL A. F. VOLCHKOV, Alternate Member

OFFICIALS OF THE GENERAL SECRETARIAT

BRIGADIER GENERAL
WM. L. MITCHELL General Secretary (from 6 November
1945 to 24 June 1946)
COLONEL JOHN E. RAY General Secretary (from 24 June
1946)
MR. HAROLD B. WILLEY General Secretary (to 6 November
1945)
American Secretary (to 11 July
1946)
MR. WALTER GILKYSON American Secretary (from 16 July
1946)
MR. IAN D. McILWRAITH British Secretary
MAJOR A. POLTORAK Soviet Secretary
MR. A. MARTIN-HAVARD French Secretary
COLONEL CHARLES W. MAYS Marshal (to 26 June 1946)
LIEUTENANT COLONEL JAMES
R. GIFFORD Marshal (from 26 June 1946)
COLONEL LEON DOSTERT Chief of Interpreters
(From the Office of (to 17 April 1946)
U.S. Chief of Counsel)
COMMANDER ALFRED STEER,
U.S.N.R. Chief of Interpreters
(From the Office of (from 18 April 1946)
U.S. Chief of Counsel)

* * * * *

MAJOR JACK L. BAILEY Administrative Section
CAPTAIN D. P. SULLIVAN Witness Notification and
Procurement
LIEUTENANT COLONEL
A. M. S. NEAVE, B.A.O.R. Applications and Motions Section
LIEUTENANT COMMANDER
ALBERT E. SCHRADER, U.S.N.R. Defendants’ Information Center
MR. BERNARD REYMON Custodian of Documents and Records

* * * * *

LIEUTENANT COLONEL
LAWRENCE D. EGBERT Editor of the Record
CAPTAIN SIGMUND ROTH Director of Printing

PROSECUTION COUNSEL[1]

United States of America

CHIEF OF COUNSEL:
Mr. Justice Robert H. Jackson
EXECUTIVE TRIAL COUNSEL:
Colonel Robert G. Storey
Mr. Thomas J. Dodd
ASSOCIATE TRIAL COUNSEL:
Mr. Sidney S. Alderman
Brigadier General Telford Taylor
Colonel John Harlan Amen
Mr. Ralph G. Albrecht
ASSISTANT TRIAL COUNSEL:
Colonel Leonard Wheeler, Jr.
Lieutenant Colonel William H. Baldwin
Lieutenant Colonel Smith W. Brockhart, Jr.
Commander James Britt Donovan, U.S.N.R.
Major Frank B. Wallis
Major William F. Walsh
Major Warren F. Farr
Captain Samuel Harris
Captain Drexel A. Sprecher
Lieutenant Commander Whitney R. Harris, U.S.N.R.
Lieutenant Thomas F. Lambert, Jr., U.S.N.R.
Lieutenant Henry K. Atherton
Lieutenant Brady O. Bryson, U.S.N.R.
Lieutenant (j. g.) Bernard D. Meltzer, U.S.N.R.
Dr. Robert M. Kempner
Mr. Walter W. Brudno

United Kingdom of Great Britain and
Northern Ireland

CHIEF PROSECUTOR:
H. M. Attorney-General, Sir Hartley Shawcross,
K.C., M.P.
DEPUTY CHIEF PROSECUTOR:
The Rt. Hon. Sir David Maxwell-Fyfe, P.C., K.C.,
M.P.
LEADING COUNSEL:
Mr. G. D. Roberts, K.C., O.B.E.
JUNIOR COUNSEL:
Lieutenant Colonel J. M. G. Griffith-Jones, M.C.,
Barrister-at-Law
Colonel H. J. Phillimore, O.B.E., Barrister-at-Law
Major F. Elwyn Jones, M.P., Barrister-at-Law
Major J. Harcourt Barrington, Barrister-at-Law

Union of Soviet Socialist Republics

CHIEF PROSECUTOR:
General R. A. Rudenko
DEPUTY CHIEF PROSECUTOR:
Colonel Y. V. Pokrovsky
ASSISTANT PROSECUTORS:
State Counsellor of Justice of the 2nd Class, L.
R. Shenin
State Counsellor of Justice of the 2nd Class, M.
Y. Raginsky
State Counsellor of Justice of the 3rd Class, N.
D. Zorya
Chief Counsellor of Justice, L. N. Smirnov
Colonel D. S. Karev
Lieutenant Colonel J. A. Ozol
Captain V. V. Kuchin

French Republic

CHIEF PROSECUTOR:
M. François de Menthon
M. Auguste Champetier de Ribes
DEPUTY CHIEF PROSECUTORS:
M. Charles Dubost
M. Edgar Faure
ASSISTANT PROSECUTORS (Chiefs of Sections):
M. Pierre Mounier
M. Charles Gerthoffer
M. Delphin Debenest
ASSISTANT PROSECUTORS:
M. Jacques B. Herzog
M. Henry Delpech
M. Serge Fuster
M. Constant Quatre
M. Henri Monneray

-----

[1] Only those members of the Prosecution Counsel who spoke before the
Tribunal are listed.

DEFENDANTS AND DEFENSE COUNSEL

=INDIVIDUAL DEFENDANTS:= =COUNSEL:=
GÖRING, HERMANN Dr. Otto Stahmer
WILHELM
HESS, RUDOLF Dr. Günther von Rohrscheidt
(to 5 February 1946)
Dr. Alfred Seidl (from 5
February 1946)
VON RIBBENTROP, JOACHIM Dr. Fritz Sauter (to 5 January
1946)
Dr. Martin Horn (from 5
January 1946)
LEY, ROBERT[2]
KEITEL, WILHELM Dr. Otto Nelte
KALTENBRUNNER, ERNST Dr. Kurt Kauffmann
ROSENBERG, ALFRED Dr. Alfred Thoma
FRANK, HANS Dr. Alfred Seidl
FRICK, WILHELM Dr. Otto Pannenbecker
STREICHER, JULIUS Dr. Hanns Marx
FUNK, WALTER Dr. Fritz Sauter
SCHACHT, HJALMAR Dr. Rudolf Dix
Professor Dr. Herbert Kraus,
Associate[5]
DÖNITZ, KARL Flottenrichter Otto
Kranzbuehler
RAEDER, ERICH Dr. Walter Siemers
VON SCHIRACH, BALDUR Dr. Fritz Sauter
SAUCKEL, FRITZ Dr. Robert Servatius
JODL, ALFRED Professor Dr. Franz Exner
Professor Dr. Hermann
Jahreiss, Associate[6]
BORMANN, MARTIN[3] Dr. Friedrich Bergold
VON PAPEN, FRANZ Dr. Egon Kubuschok
SEYSS-INQUART, ARTHUR Dr. Gustav Steinbauer
SPEER, ALBERT Dr. Hans Flächsner
VON NEURATH, CONSTANTIN Dr. Otto Freiherr von
Lüdinghausen
FRITZSCHE, HANS Dr. Heinz Fritz
Dr. Alfred Schilf,
Associate[7]
KRUPP VON BOHLEN UND Dr. Theodor Klefisch
HALBACH, GUSTAV[4] (to 15 November 1945)
Dr. Walter Ballas,
Associate[8] (to 15 November
1945)

-----

[2] All individual defendants named in the Indictment appeared before
the Tribunal except: Robert Ley, who committed suicide 25 October 1945;
Gustav Krupp von Bohlen und Halbach, owing to serious illness; and
Martin Bormann, who was not in custody and whom the Tribunal decided to
try in absentia.

[3] See footnote 2.

[4] See footnote 2.

[5] Only Associates who spoke before the Tribunal are listed.

[6] See footnote 5.

[7] See footnote 5.

[8] See footnote 5.

=GROUPS AND ORGANIZATIONS:= =COUNSEL:=
REICH CABINET Dr. Egon Kubuschok

LEADERSHIP CORPS OF
NAZI PARTY Dr. Robert Servatius

SS and SD Ludwig Babel, Counsel for SS
and SD (to 18 March 1946),
Counsel for SS (to 1 June
1946),
Co-counsel for SS (to 27
August 1946)
Horst Pelckmann, Co-counsel
for SS (from 2 March 1946),
Counsel for SS (from 1
June 1946)
Dr. Carl Haensel, Associate[9]
to Dr. H. Pelckmann (from 1
April 1946)
Dr. Hans Gawlik, Counsel for
SD (from 18 March 1946)

SA Georg Boehm
Dr. Martin Loeffler

GESTAPO Dr. Rudolf Merkel

GENERAL STAFF and Professor Dr. Franz Exner
HIGH COMMAND of the (to 27 January 1946)
GERMAN ARMED FORCES Dr. Hans Laternser (from 27
January 1946)

-----

[9] Only Associates who spoke before the Tribunal are listed.

LONDON AGREEMENT OF 8 AUGUST 1945

_Agreement by the Government of the United States of America,
the Provisional Government of the French Republic, the
Government of the United Kingdom of Great Britain and Northern
Ireland, and the Government of the Union of Soviet Socialist
Republics for the Prosecution and Punishment of the Major War
Criminals of the European Axis._

WHEREAS the United Nations have from time to time made declarations of
their intention that war criminals shall be brought to justice;

AND WHEREAS the Moscow Declaration of 30 October 1943 on German
atrocities in Occupied Europe stated that those German officers and men
and members of the Nazi Party who have been responsible for or have
taken a consenting part in atrocities and crimes will be sent back to
the countries in which their abominable deeds were done in order that
they may be judged and punished according to the laws of these liberated
countries and of the free Governments that will be created therein;

AND WHEREAS this Declaration was stated to be without prejudice to the
case of major criminals whose offenses have no particular geographic
location and who will be punished by the joint decision of the
Governments of the Allies;

NOW THEREFORE the Government of the United States of America, the
Provisional Government of the French Republic, the Government of the
United Kingdom of Great Britain and Northern Ireland, and the Government
of the Union of Soviet Socialist Republics (hereinafter called “the
Signatories”) acting in the interests of all the United Nations and by
their representatives duly authorized thereto have concluded this
Agreement.

_Article 1._ There shall be established after consultation with the
Control Council for Germany an International Military Tribunal for the
trial of war criminals whose offenses have no particular geographical
location whether they be accused individually or in their capacity as
members of organizations or groups or in both capacities.

_Article 2._ The constitution, jurisdiction, and functions of the
International Military Tribunal shall be those set out in the Charter
annexed to this Agreement, which Charter shall form an integral part of
this Agreement.

_Article 3._ Each of the Signatories shall take the necessary steps to
make available for the investigation of the charges and trial the major
war criminals detained by them who are to be tried by the International
Military Tribunal. The Signatories shall also use their best endeavors
to make available for investigation of the charges against and the trial
before the International Military Tribunal such of the major war
criminals as are not in the territories of any of the Signatories.

_Article 4._ Nothing in this Agreement shall prejudice the provisions
established by the Moscow Declaration concerning the return of war
criminals to the countries where they committed their crimes.

_Article 5._ Any Government of the United Nations may adhere to this
Agreement by notice given through the diplomatic channel to the
Government of the United Kingdom, who shall inform the other signatory
and adhering Governments of each such adherence.[10]

_Article 6._ Nothing in this Agreement shall prejudice the jurisdiction
or the powers of any national or occupation court established or to be
established in any Allied territory or in Germany for the trial of war
criminals.

_Article 7._ This Agreement shall come into force on the day of
signature and shall remain in force for the period of one year and shall
continue thereafter, subject to the right of any Signatory to give,
through the diplomatic channel, one month’s notice of intention to
terminate it. Such termination shall not prejudice any proceedings
already taken or any findings already made in pursuance of this
Agreement.

IN WITNESS WHEREOF the Undersigned have signed the present Agreement.

DONE in quadruplicate in London this 8th day of August 1945 each in
English, French, and Russian, and each text to have equal authenticity.

For the Government of the United States of America
/s/ ROBERT H. JACKSON

For the Provisional Government of the French Republic
/s/ ROBERT FALCO

For the Government of the United Kingdom of Great Britain and Northern
Ireland
/s/ JOWITT

For the Government of the Union of Soviet Socialist Republics
/s/ I. NIKITCHENKO
/s/ A. TRAININ

-----

[10] In accordance with Article 5, the following Governments of the
United Nations have expressed their adherence to the Agreement: Greece,
Denmark, Yugoslavia, the Netherlands, Czechoslovakia, Poland, Belgium,
Ethiopia, Australia, Honduras, Norway, Panama, Luxembourg, Haiti, New
Zealand, India, Venezuela, Uruguay, and Paraguay.

CHARTER OF THE INTERNATIONAL
MILITARY TRIBUNAL

I. CONSTITUTION OF THE
INTERNATIONAL MILITARY TRIBUNAL

_Article 1._ In pursuance of the Agreement signed on the 8th day of
August 1945 by the Government of the United States of America, the
Provisional Government of the French Republic, the Government of the
United Kingdom of Great Britain and Northern Ireland, and the Government
of the Union of Soviet Socialist Republics, there shall be established
an International Military Tribunal (hereinafter called “the Tribunal”)
for the just and prompt trial and punishment of the major war criminals
of the European Axis.

_Article 2._ The Tribunal shall consist of four members, each with an
alternate. One member and one alternate shall be appointed by each of
the Signatories. The alternates shall, so far as they are able, be
present at all sessions of the Tribunal. In case of illness of any
member of the Tribunal or his incapacity for some other reason to
fulfill his functions, his alternate shall take his place.

_Article 3._ Neither the Tribunal, its members nor their alternates can
be challenged by the Prosecution, or by the defendants or their counsel.
Each Signatory may replace its member of the Tribunal or his alternate
for reasons of health or for other good reasons, except that no
replacement may take place during a Trial, other than by an alternate.

_Article 4._

(a) The presence of all four members of the Tribunal or the alternate for
any absent member shall be necessary to constitute the quorum.
(b) The members of the Tribunal shall, before any trial begins, agree
among themselves upon the selection from their number of a President,
and the President shall hold office during that trial, or as may
otherwise be agreed by a vote of not less than three members. The
principle of rotation of presidency for successive trials is agreed.
If, however, a session of the Tribunal takes place on the territory of
one of the four Signatories, the representative of that Signatory on
the Tribunal shall preside.
(c) Save as aforesaid the Tribunal shall take decisions by a majority vote
and in case the votes are evenly divided, the vote of the President
shall be decisive: provided always that convictions and sentences
shall only be imposed by affirmative votes of at least three members
of the Tribunal.

_Article 5._ In case of need and depending on the number of the matters
to be tried, other Tribunals may be set up; and the establishment,
functions, and procedure of each Tribunal shall be identical, and shall
be governed by this Charter.

II. JURISDICTION AND GENERAL PRINCIPLES

_Article 6._ The Tribunal established by the Agreement referred to in
Article 1 hereof for the trial and punishment of the major war criminals
of the European Axis countries shall have the power to try and punish
persons who, acting in the interests of the European Axis countries,
whether as individuals or as members of organizations, committed any of
the following crimes.

The following acts, or any of them, are crimes coming within the
jurisdiction of the Tribunal for which there shall be individual
responsibility:

(a) _CRIMES AGAINST PEACE_: namely, planning, preparation, initiation or
waging of a war of aggression, or a war in violation of international
treaties, agreements or assurances, or participation in a Common Plan
or Conspiracy for the accomplishment of any of the foregoing;
(b) _WAR CRIMES_: namely, violations of the laws or customs of war. Such
violations shall include, but not be limited to, murder, ill-treatment
or deportation to slave labor or for any other purpose of civilian
population of or in occupied territory, murder or ill-treatment of
prisoners of war or persons on the seas, killing of hostages, plunder
of public or private property, wanton destruction of cities, towns, or
villages, or devastation not justified by military necessity;
(c) _CRIMES AGAINST HUMANITY_: namely, murder, extermination, enslavement,
deportation, and other inhumane acts committed against any civilian
population, before or during the war,[11] or persecutions on
political, racial, or religious grounds in execution of or in
connection with any crime within the jurisdiction of the Tribunal,
whether or not in violation of domestic law of the country where
perpetrated.

Leaders, organizers, instigators, and accomplices participating in the
formulation or execution of a Common Plan or Conspiracy to commit any of
the foregoing crimes are responsible for all acts performed by any
persons in execution of such plan.

_Article 7._ The official position of defendants, whether as Heads of
State or responsible officials in Government departments, shall not be
considered as freeing them from responsibility or mitigating punishment.

_Article 8._ The fact that the defendant acted pursuant to order of his
Government or of a superior shall not free him from responsibility, but
may be considered in mitigation of punishment if the Tribunal determine
that justice so requires.

_Article 9._ At the trial of any individual member of any group or
organization the Tribunal may declare (in connection with any act of
which the individual may be convicted) that the group or organization of
which the individual was a member was a criminal organization.

After receipt of the Indictment the Tribunal shall give such notice as
it thinks fit that the Prosecution intends to ask the Tribunal to make
such declaration and any member of the organization will be entitled to
apply to the Tribunal for leave to be heard by the Tribunal upon the
question of the criminal character of the organization. The Tribunal
shall have power to allow or reject the application. If the application
is allowed, the Tribunal may direct in what manner the applicants shall
be represented and heard.

_Article 10._ In cases where a group or organization is declared
criminal by the Tribunal, the competent national authority of any
Signatory shall have the right to bring individuals to trial for
membership therein before national, military, or occupation courts. In
any such case the criminal nature of the group or organization is
considered proved and shall not be questioned.

_Article 11._ Any person convicted by the Tribunal may be charged before
a national, military, or occupation court, referred to in Article 10 of
this Charter, with a crime other than of membership in a criminal group
or organization and such court may, after convicting him, impose upon
him punishment independent of and additional to the punishment imposed
by the Tribunal for participation in the criminal activities of such
group or organization.

_Article 12._ The Tribunal shall have the right to take proceedings
against a person charged with crimes set out in Article 6 of this
Charter in his absence, if he has not been found or if the Tribunal, for
any reason, finds it necessary, in the interests of justice, to conduct
the hearing in his absence.

_Article 13._ The Tribunal shall draw up rules for its procedure. These
rules shall not be inconsistent with the provisions of this Charter.

III. COMMITTEE FOR THE INVESTIGATION
AND PROSECUTION OF MAJOR WAR CRIMINALS

_Article 14._ Each Signatory shall appoint a Chief Prosecutor for the
investigation of the charges against and the prosecution of major war
criminals.

The Chief Prosecutors shall act as a committee for the following
purposes:

(a) to agree upon a plan of the individual work of each of the Chief
Prosecutors and his staff,
(b) to settle the final designation of major war criminals to be tried by
the Tribunal,
(c) to approve the Indictment and the documents to be submitted therewith,
(d) to lodge the Indictment and the accompanying documents with the
Tribunal,
(e) to draw up and recommend to the Tribunal for its approval draft rules
of procedure, contemplated by Article 13 of this Charter. The Tribunal
shall have power to accept, with or without amendments, or to reject,
the rules so recommended.

The Committee shall act in all the above matters by a majority vote and
shall appoint a Chairman as may be convenient and in accordance with the
principle of rotation: provided that if there is an equal division of
vote concerning the designation of a defendant to be tried by the
Tribunal, or the crimes with which he shall be charged, that proposal
will be adopted which was made by the party which proposed that the
particular defendant be tried, or the particular charges be preferred
against him.

_Article 15._ The Chief Prosecutors shall individually, and acting in
collaboration with one another, also undertake the following duties:

(a) investigation, collection, and production before or at the Trial of
all necessary evidence,
(b) the preparation of the Indictment for approval by the Committee in
accordance with paragraph (c) of Article 14 hereof,
(c) the preliminary examination of all necessary witnesses and of the
defendants,
(d) to act as prosecutor at the Trial,
(e) to appoint representatives to carry out such duties as may be assigned
to them,
(f) to undertake such other matters as may appear necessary to them for
the purposes of the preparation for and conduct of the Trial.

It is understood that no witness or defendant detained by any Signatory
shall be taken out of the possession of that Signatory without its
assent.

IV. FAIR TRIAL FOR DEFENDANTS

_Article 16._ In order to ensure fair trial for the defendants, the
following procedure shall be followed:

(a) The Indictment shall include full particulars specifying in detail the
charges against the defendants. A copy of the Indictment and of all
the documents lodged with the Indictment, translated into a language
which he understands, shall be furnished to the defendant at a
reasonable time before the Trial.
(b) During any preliminary examination or trial of a defendant he shall
have the right to give any explanation relevant to the charges made
against him.
(c) A preliminary examination of a defendant and his trial shall be
conducted in, or translated into, a language which the defendant
understands.
(d) A defendant shall have the right to conduct his own defense before the
Tribunal or to have the assistance of counsel.
(e) A defendant shall have the right through himself or through his
counsel to present evidence at the Trial in support of his defense,
and to cross-examine any witness called by the Prosecution.

V. POWERS OF THE TRIBUNAL AND CONDUCT OF THE TRIAL

_Article 17._ The Tribunal shall have the power:

(a) to summon witnesses to the Trial and to require their attendance and
testimony and to put questions to them,
(b) to interrogate any defendant,
(c) to require the production of documents and other evidentiary material,
(d) to administer oaths to witnesses,
(e) to appoint officers for the carrying out of any task designated by the
Tribunal including the power to have evidence taken on commission.

_Article 18_. The Tribunal shall:

(a) confine the Trial strictly to an expeditious hearing of the issues
raised by the charges,
(b) take strict measures to prevent any action which will cause
unreasonable delay, and rule out irrelevant issues and statements of
any kind whatsoever,
(c) deal summarily with any contumacy, imposing appropriate punishment,
including exclusion of any defendant or his counsel from some or all
further proceedings, but without prejudice to the determination of the
charges.

_Article 19._ The Tribunal shall not be bound by technical rules of
evidence. It shall adopt and apply to the greatest possible extent
expeditious and non-technical procedure, and shall admit any evidence
which it deems to have probative value.

_Article 20._ The Tribunal may require to be informed of the nature of
any evidence before it is offered so that it may rule upon the relevance
thereof.

_Article 21._ The Tribunal shall not require proof of facts of common
knowledge but shall take judicial notice thereof. It shall also take
judicial notice of official governmental documents and reports of the
United Nations, including the acts and documents of the committees set
up in the various Allied countries for the investigation of war crimes,
and the records and findings of military or other Tribunals of any of
the United Nations.

_Article 22._ The permanent seat of the Tribunal shall be in Berlin. The
first meetings of the members of the Tribunal and of the Chief
Prosecutors shall be held at Berlin in a place to be designated by the
Control Council for Germany. The first trial shall be held at Nuremberg,
and any subsequent trials shall be held at such places as the Tribunal
may decide.

_Article 23._ One or more of the Chief Prosecutors may take part in the
prosecution at each trial. The function of any Chief Prosecutor may be
discharged by him personally, or by any person or persons authorized by
him.

The function of counsel for a defendant may be discharged at the
defendant’s request by any counsel professionally qualified to conduct
cases before the Courts of his own country, or by any other person who
may be specially authorized thereto by the Tribunal.

_Article 24._ The proceedings at the Trial shall take the following
course:

(a) The Indictment shall be read in court.
(b) The Tribunal shall ask each defendant whether he pleads “guilty” or
“not guilty”.
(c) The Prosecution shall make an opening statement.
(d) The Tribunal shall ask the Prosecution and the Defense what evidence
(if any) they wish to submit to the Tribunal, and the Tribunal shall
rule upon the admissibility of any such evidence.
(e) The witnesses for the Prosecution shall be examined and after that the
witnesses for the Defense. Thereafter such rebutting evidence as may
be held by the Tribunal to be admissible shall be called by either the
Prosecution or the Defense.
(f) The Tribunal may put any question to any witness and to any defendant,
at any time.
(g) The Prosecution and the Defense shall interrogate and may
cross-examine any witnesses and any defendant who gives testimony.
(h) The Defense shall address the Court.
(i) The Prosecution shall address the Court.
(j) Each Defendant may make a statement to the Tribunal.
(k) The Tribunal shall deliver judgment and pronounce sentence.

_Article 25._ All official documents shall be produced, and all court
proceedings conducted, in English, French, and Russian, and in the
language of the defendant. So much of the record and of the proceedings
may also be translated into the language of any country in which the
Tribunal is sitting, as the Tribunal considers desirable in the
interests of justice and public opinion.

VI. JUDGMENT AND SENTENCE

_Article 26._ The judgment of the Tribunal as to the guilt or the
innocence of any defendant shall give the reasons on which it is based,
and shall be final and not subject to review.

_Article 27._ The Tribunal shall have the right to impose upon a
defendant on conviction, death or such other punishment as shall be
determined by it to be just.

_Article 28._ In addition to any punishment imposed by it, the Tribunal
shall have the right to deprive the convicted person of any stolen
property and order its delivery to the Control Council for Germany.

_Article 29._ In case of guilt, sentences shall be carried out in
accordance with the orders of the Control Council for Germany, which may
at any time reduce or otherwise alter the sentences, but may not
increase the severity thereof. If the Control Council for Germany, after
any defendant has been convicted and sentenced, discovers fresh evidence
which, in its opinion, would found a fresh charge against him, the
Council shall report accordingly to the Committee established under
Article 14 hereof, for such action as they may consider proper, having
regard to the interests of justice.

VII. EXPENSES

_Article 30._ The expenses of the Tribunal and of the trials, shall be
charged by the Signatories against the funds allotted for maintenance of
the Control Council for Germany.

-----

[11] Comma substituted in place of semicolon by Protocol of 6 October
1945.

PROTOCOL RECTIFYING DISCREPANCY
IN TEXT OF CHARTER

Whereas an Agreement and Charter regarding the Prosecution of War
Criminals was signed in London on the 8th August 1945, in the English,
French, and Russian languages;

And whereas a discrepancy has been found to exist between the originals
of Article 6, paragraph (c), of the Charter in the Russian language, on
the one hand, and the originals in the English and French languages, on
the other, to wit, the semicolon in Article 6, paragraph (c), of the
Charter between the words “war” and “or”, as carried in the English and
French texts, is a comma in the Russian text;

And whereas it is desired to rectify this discrepancy:

NOW, THEREFORE, the undersigned, signatories of the said Agreement on
behalf of their respective Governments, duly authorized thereto, have
agreed that Article 6, paragraph (c), of the Charter in the Russian text
is correct, and that the meaning and intention of the Agreement and
Charter require that the said semicolon in the English text should be
changed to a comma, and that the French text should be amended to read
as follows:

(c) _LES CRIMES CONTRE L’HUMANITE_: c’est-à-dire l’assassinat,
l’extermination, la réduction en esclavage, la déportation, et tout
autre acte inhumain commis contre toutes populations civiles, avant ou
pendant la guerre, ou bien les persécutions pour des motifs
politiques, raciaux, ou religieux, lorsque ces actes ou persécutions,
qu’ils aient constitué ou non une violation du droit interne du pays
où ils ont été perpétrés, ont été commis à la suite de tout crime
rentrant dans la compétence du Tribunal, ou en liaison avec ce crime.

IN WITNESS WHEREOF the Undersigned have signed the present Protocol.

DONE in quadruplicate in Berlin this 6th day of October, 1945, each in
English, French, and Russian, and each text to have equal authenticity.

For the Government of the United States of America

/s/ ROBERT H. JACKSON

For the Provisional Government of the French Republic

/s/ FRANÇOIS de MENTHON

For the Government of the United Kingdom of Great Britain and Northern
Ireland

/s/ HARTLEY SHAWCROSS

For the Government of the Union of Soviet Socialist Republics

/s/ R. RUDENKO

RULES OF PROCEDURE
(Adopted 29 October 1945)

Rule 1. _Authority to Promulgate Rules._

The present Rules of Procedure of the International Military Tribunal
for the trial of the major war criminals (hereinafter called “the
Tribunal”) as established by the Charter of the Tribunal dated 8 August
1945 (hereinafter called “the Charter”) are hereby promulgated by the
Tribunal in accordance with the provisions of Article 13 of the Charter.

Rule 2. _Notice to Defendants and Right to Assistance of Counsel._

(a) Each individual defendant in custody shall receive not less than 30
days before trial a copy, translated into a language which he
understands, (1) of the Indictment, (2) of the Charter, (3) of any other
documents lodged with the Indictment, and (4) of a statement of his
right to the assistance of counsel as set forth in sub-paragraph (d) of
this Rule, together with a list of counsel. He shall also receive copies
of such rules of procedure as may be adopted by the Tribunal from time
to time.

(b) Any individual defendant not in custody shall be informed of the
indictment against him and of his right to receive the documents
specified in sub-paragraph (a) above, by notice in such form and manner
as the Tribunal may prescribe.

(c) With respect to any group or organization as to which the
Prosecution indicates its intention to request a finding of criminality
by the Tribunal, notice shall be given by publication in such form and
manner as the Tribunal may prescribe and such publication shall include
a declaration by the Tribunal that all members of the named groups or
organizations are entitled to apply to the Tribunal for leave to be
heard in accordance with the provisions of Article 9 of the Charter.
Nothing herein contained shall be construed to confer immunity of any
kind upon such members of said groups or organizations as may appear in
answer to the said declaration.

(d) Each defendant has the right to conduct his own defense or to have
the assistance of counsel. Application for particular counsel shall be
filed at once with the General Secretary of the Tribunal at the Palace
of Justice, Nuremberg, Germany. The Tribunal will designate counsel for
any defendant who fails to apply for particular counsel or, where
particular counsel requested is not within ten (10) days to be found or
available, unless the defendant elects in writing to conduct his own
defense. If a defendant has requested particular counsel who is not
immediately to be found or available, such counsel or a counsel of
substitute choice may, if found and available before trial, be
associated with or substituted for counsel designated by the Tribunal,
provided that (1) only one counsel shall be permitted to appear at the
trial for any defendant, unless by special permission of the Tribunal,
and (2) no delay of trial will be allowed for making such substitution
or association.

Rule 3. _Service of Additional Documents._

If, before the trial, the Chief Prosecutors offer amendments or
additions to the Indictment, such amendments or additions, including any
accompanying documents shall be lodged with the Tribunal and copies of
the same, translated into a language which they each understand, shall
be furnished to the defendants in custody as soon as practicable and
notice given in accordance with Rule 2 (b) to those not in custody.

Rule 4. _Production of Evidence for the Defense._

(a) The Defense may apply to the Tribunal for the production of
witnesses or of documents by written application to the General
Secretary of the Tribunal. The application shall state where the witness
or document is thought to be located, together with a statement of their
last known location. It shall also state the facts proposed to be proved
by the witness or the document and the reasons why such facts are
relevant to the Defense.

(b) If the witness or the document is not within the area controlled by
the occupation authorities, the Tribunal may request the Signatory and
adhering Governments to arrange for the production, if possible, of any
such witnesses and any such documents as the Tribunal may deem necessary
to proper presentation of the Defense.

(c) If the witness or the document is within the area controlled by the
occupation authorities, the General Secretary shall, if the Tribunal is
not in session, communicate the application to the Chief Prosecutors
and, if they make no objection, the General Secretary shall issue a
summons for the attendance of such witness or the production of such
documents, informing the Tribunal of the action taken. If any Chief
Prosecutor objects to the issuance of a summons, or if the Tribunal is
in session, the General Secretary shall submit the application to the
Tribunal, which shall decide whether or not the summons shall issue.

(d) A summons shall be served in such manner as may be provided by the
appropriate occupation authority to ensure its enforcement and the
General Secretary shall inform the Tribunal of the steps taken.

(e) Upon application to the General Secretary of the Tribunal, a
defendant shall be furnished with a copy, translated into a language
which he understands, of all documents referred to in the Indictment so
far as they may be made available by the Chief Prosecutors and shall be
allowed to inspect copies of any such documents as are not so available.

Rule 5. _Order at the Trial._

In conformity with the provisions of Article 18 of the Charter, and the
disciplinary powers therein set out, the Tribunal, acting through its
President, shall provide for the maintenance of order at the Trial. Any
defendant or any other person may be excluded from open sessions of the
Tribunal for failure to observe and respect the directives and dignity
of the Tribunal.

Rule 6. _Oaths; Witnesses._

(a) Before testifying before the Tribunal, each witness shall make such
oath or declaration as is customary in his own country.

(b) Witnesses while not giving evidence shall not be present in court.
The President of the Tribunal shall direct, as circumstances demand,
that witnesses shall not confer among themselves before giving evidence.

Rule 7. _Applications and Motions before Trial and Rulings during the
Trial._

(a) All motions, applications or other requests addressed to the
Tribunal prior to the commencement of trial shall be made in writing and
filed with the General Secretary of the Tribunal at the Palace of
Justice, Nuremberg, Germany.

(b) Any such motion, application or other request shall be communicated
by the General Secretary of the Tribunal to the Chief Prosecutors and,
if they make no objection, the President of the Tribunal may make the
appropriate order on behalf of the Tribunal. If any Chief Prosecutor
objects, the President may call a special session of the Tribunal for
the determination of the question raised.

(c) The Tribunal, acting through its President, will rule in court upon
all questions arising during the trial, such as questions as to
admissibility of evidence offered during the trial, recesses, and
motions; and before so ruling the Tribunal may, when necessary, order
the closing or clearing of the Tribunal or take any other steps which to
the Tribunal seem just.

Rule 8. _Secretariat of the Tribunal._

(a) The Secretariat of the Tribunal shall be composed of a General
Secretary, four Secretaries and their Assistants. The Tribunal shall
appoint the General Secretary and each Member shall appoint one
Secretary. The General Secretary shall appoint such clerks,
interpreters, stenographers, ushers, and all such other persons as may
be authorized by the Tribunal and each Secretary may appoint such
assistants as may be authorized by the Member of the Tribunal by whom he
was appointed.

(b) The General Secretary, in consultation with the Secretaries, shall
organize and direct the work of the Secretariat, subject to the approval
of the Tribunal in the event of a disagreement by any Secretary.

(c) The Secretariat shall receive all documents addressed to the
Tribunal, maintain the records of the Tribunal, provide necessary
clerical services to the Tribunal and its Members, and perform such
other duties as may be designated by the Tribunal.

(d) Communications addressed to the Tribunal shall be delivered to the
General Secretary.

Rule 9. _Record, Exhibits, and Documents._

(a) A stenographic record shall be maintained of all oral proceedings.
Exhibits will be suitably identified and marked with consecutive
numbers. All exhibits and transcripts of the proceedings and all
documents lodged with and produced to the Tribunal will be filed with
the General Secretary of the Tribunal and will constitute part of the
Record.

(b) The term “official documents” as used in Article 25 of the Charter
includes the Indictment, rules, written motions, orders that are reduced
to writing, findings, and judgments of the Tribunal. These shall be in
the English, French, Russian, and German languages. Documentary evidence
or exhibits may be received in the language of the document, but a
translation thereof into German shall be made available to the
defendants.

(c) All exhibits and transcripts of proceedings, all documents lodged
with and produced to the Tribunal and all official acts and documents of
the Tribunal may be certified by the General Secretary of the Tribunal
to any Government or to any other tribunal or wherever it is appropriate
that copies of such documents or representations as to such acts should
be supplied upon a proper request.

Rule 10. _Withdrawal of Exhibits and Documents._

In cases where original documents are submitted by the Prosecution or
the Defense as evidence, and upon a showing (a) that because of
historical interest or for any other reason one of the Governments
signatory to the Four Power Agreement of 8 August 1945, or any other
Government having received the consent of said four signatory Powers,
desires to withdraw from the records of the Tribunal and preserve any
particular original documents and (b) that no substantial injustice will
result, the Tribunal shall permit photostatic copies of said original
documents, certified by the General Secretary of the Tribunal, to be
substituted for the originals in the records of the Court and shall
deliver said original documents to the applicants.

Rule 11. _Effective Date and Powers of Amendment and Addition._

These Rules shall take effect upon their approval by the Tribunal.
Nothing herein contained shall be construed to prevent the Tribunal
from, at any time, in the interest of fair and expeditious trials,
departing from, amending, or adding to these Rules, either by general
rules or special orders for particular cases, in such form and upon such
notice as may appear just to the Tribunal.

MINUTES OF THE OPENING SESSION
OF THE TRIBUNAL, AT BERLIN, 18 OCTOBER 1945

GENERAL NIKITCHENKO, President[12]

Present: All of the Members of the Tribunal and their Alternates.

The International Military Tribunal held its first public session in
Berlin, as required by Article 22 of the Charter, in the Grand
Conference Room of the Allied Control Authority Building at 10:30 a.m.

The President, General Nikitchenko, said:

“In pursuance of the Agreement by the Government of the Union of Soviet
Socialist Republics, the Provisional Government of the French Republic,
the Government of the United States of America, and the Government of
the United Kingdom of Great Britain and Northern Ireland for the
prosecution and punishment of the major war criminals of the European
Axis dated at London, 8 August 1945, and of Article 22 of the Charter
annexed thereto constituting this International Military Tribunal, this
meeting is held at Berlin for the reception of the Indictment under the
Agreement and Charter.”

This statement was translated orally in French, English, and German.

The Members of the Tribunal and their Alternates then made the following
declaration, each in his own language:

“I solemnly declare that I will exercise all my powers and
duties as a Member of the International Military Tribunal
honorably, impartially, and conscientiously.”

The President then declared the session opened.

The Chief British Prosecutor, Mr. Shawcross, introduced in succession
the Soviet Chief Prosecutor, General Rudenko; the French Deputy Chief
Prosecutor, M. Dubost; and a representative of the American Prosecutor,
Mr. Shea. Each on being introduced made a brief statement, which was
translated orally into the other languages, and lodged a copy of the
Indictment, in his own language, with the President of the Tribunal.

The President said:

“An Indictment has now been lodged with the Tribunal by the Committee of
the Chief Prosecutors setting out the charges made against the following
defendants:

Hermann Wilhelm Göring, Rudolf Hess, Joachim von Ribbentrop,
Robert Ley, Wilhelm Keitel, Ernst Kaltenbrunner, Alfred
Rosenberg, Hans Frank, Wilhelm Frick, Julius Streicher, Walter
Funk, Hjalmar Schacht, Gustav Krupp von Bohlen und Halbach, Karl
Dönitz, Erich Raeder, Baldur von Schirach, Fritz Sauckel, Alfred
Jodl, Martin Bormann, Franz von Papen, Arthur Seyss-Inquart,
Albert Speer, Constantin von Neurath, and Hans Fritzsche.

“Copies of the Charter and of the Indictment and of its accompanying
documents will be served upon the defendants in the German language
immediately.

“Notices will also be served upon them in writing drawing their
attention to Articles 16 and 23 of the Charter which provide that they
may either conduct their own defense or be defended by any counsel
professionally qualified to conduct cases before the courts of his own
country or by any other person who may be specially authorized thereto
by the Tribunal; and a special clerk of the Tribunal has been appointed
to advise the defendants of their right and to take instructions from
them personally as to their choice of counsel, and generally to see that
their rights of defense are made known to them.

“If any defendant who desires to be represented by counsel is unable to
secure the services of counsel the Tribunal will appoint counsel to
defend him.

“The Tribunal has formulated Rules of Procedure, shortly to be
published, relating to the production of witnesses and documents in
order to see that the defendants have a fair trial with full opportunity
to present their defense.

“The individual defendants in custody will be notified that they must be
ready for Trial within 30 days after the service of the Indictment upon
them. Promptly thereafter the Tribunal shall fix and announce the date
of the Trial in Nuremberg to take place not less than 30 days after the
service of the Indictment and the defendants shall be advised of such
date as soon as it is fixed.

“It must be understood that the Tribunal which is directed by the
Charter to secure an expeditious hearing of the issues raised by the
charges will not permit any delay either in the preparation of the
defense or of the Trial.

“Lord Justice Lawrence will preside at the Trial at Nuremberg.

“Notice will also be given under Article 9 of the Charter that the
Prosecution intends to ask the Tribunal to declare that the following
organizations or groups of which the defendants or some of them were
members are criminal organizations, and any member of any such group or
organization will be entitled to apply to the Tribunal for leave to be
heard by the Tribunal upon the question of the criminal character of
such group or organization. These organizations referred to are the
following:

Die Reichsregierung (Reich Cabinet); Das Korps der Politischen
Leiter der Nationalsozialistischen Deutschen Arbeiterpartei
(Leadership Corps of the Nazi Party); Die Schutzstaffeln der
Nationalsozialistischen Deutschen Arbeiterpartei (commonly known
as the “SS”) and including Der Sicherheitsdienst (commonly known
as the “SD”); Die Geheime Staatspolizei (Secret State Police,
commonly known as the “Gestapo”); Die Sturmabteilungen der NSDAP
(commonly known as the “SA”); and the General Staff and High
Command of the German Armed Forces.

“The Indictment having been duly lodged by the Prosecutors in conformity
with the provisions of the Charter, it becomes the duty of the Tribunal
to give the necessary directions for the publication of the text.

“The Tribunal would like to order its immediate publication but this is
not possible inasmuch as the Indictment must be published simultaneously
in Moscow, London, Washington, and Paris.

“This result may be achieved, as the Tribunal is informed, by permitting
publication in the press of the Indictment not earlier than 8 p.m.,
G.M.T., i. e. 2000 hours today, Thursday, October 18th.”

This statement was translated orally in French, English, and German.

The meeting adjourned at 11:25 a.m.

-----

[12] General Nikitchenko was selected as President for the session at
Berlin, and Lord Justice Lawrence was elected President of the Tribunal
for the Trial in Nuremberg, in accordance with Article 4 (b) of the
Charter.

INDICTMENT[13]

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED
KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE UNION OF
SOVIET SOCIALIST REPUBLICS

— against —

Defendants.

-----

[13] This text of the Indictment has been corrected in accordance with
the Prosecution’s motion of 4 June 1946 which was accepted by the Court
7 June 1946 to rectify certain discrepancies between the German text and
the text in other languages.

=I.= The United States of America, the French Republic, the United
Kingdom of Great Britain and Northern Ireland, and the Union of Soviet
Socialist Republics by the undersigned, Robert H. Jackson, François de
Menthon, Hartley Shawcross, and R. A. Rudenko, duly appointed to
represent their respective Governments in the investigation of the
charges against and the prosecution of the major war criminals, pursuant
to the Agreement of London dated 8 August 1945, and the Charter of this
Tribunal annexed thereto, hereby accuse as guilty, in the respects
hereinafter set forth, of Crimes against Peace, War Crimes, and Crimes
against Humanity, and of a Common Plan or Conspiracy to commit those
Crimes, all as defined in the Charter of the Tribunal, and accordingly
name as defendants in this cause and as indicted on the counts
hereinafter set out: HERMANN WILHELM GÖRING, RUDOLF HESS, JOACHIM VON
RIBBENTROP, ROBERT LEY, WILHELM KEITEL, ERNST KALTENBRUNNER, ALFRED
ROSENBERG, HANS FRANK, WILHELM FRICK, JULIUS STREICHER, WALTER FUNK,
HJALMAR SCHACHT, GUSTAV KRUPP VON BOHLEN UND HALBACH, KARL DÖNITZ, ERICH
RAEDER, BALDUR VON SCHIRACH, FRITZ SAUCKEL, ALFRED JODL, MARTIN BORMANN,
FRANZ VON PAPEN, ARTHUR SEYSS-INQUART, ALBERT SPEER, CONSTANTIN VON
NEURATH and HANS FRITZSCHE, individually and as members of any of the
groups or organizations next hereinafter named.

=II.= The following are named as groups or organizations (since
dissolved) which should be declared criminal by reason of their aims and
the means used for the accomplishment thereof and in connection with the
conviction of such of the named defendants as were members thereof: DIE
REICHSREGIERUNG (REICH CABINET); DAS KORPS DER POLITISCHEN LEITER DER
NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (LEADERSHIP CORPS OF
THE NAZI PARTY); DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN
DEUTSCHEN ARBEITERPARTEI (commonly known as the “SS”) and including DER
SICHERHEITSDIENST (commonly known as the “SD”); DIE GEHEIME
STAATSPOLIZEI (SECRET STATE POLICE, commonly known as the “GESTAPO”);
DIE STURMABTEILUNGEN DER NSDAP (commonly known as the “SA”); and the
GENERAL STAFF and HIGH COMMAND of the GERMAN ARMED FORCES.

The identity and membership of the groups or organizations referred to
in the foregoing titles are hereinafter in Appendix B more particularly
defined.

COUNT ONE—THE COMMON PLAN OR CONSPIRACY

(Charter, Article 6, especially 6 (a))
III. Statement of the Offense

All the defendants, with divers other persons, during a period of years
preceding 8 May 1945, participated as leaders, organizers, instigators,
or accomplices in the formulation or execution of a common plan or
conspiracy to commit, or which involved the commission of, Crimes
against Peace, War Crimes, and Crimes against Humanity, as defined in
the Charter of this Tribunal, and, in accordance with the provisions of
the Charter, are individually responsible for their own acts and for all
acts committed by any persons in the execution of such plan or
conspiracy. The common plan or conspiracy embraced the commission of
Crimes against Peace, in that the defendants planned, prepared,
initiated, and waged wars of aggression, which were also wars in
violation of international treaties, agreements, or assurances. In the
development and course of the common plan or conspiracy it came to
embrace the commission of War Crimes, in that it contemplated, and the
defendants determined upon and carried out, ruthless wars against
countries and populations, in violation of the rules and customs of war,
including as typical and systematic means by which the wars were
prosecuted, murder, ill-treatment, deportation for slave labor and for
other purposes of civilian populations of occupied territories, murder
and ill-treatment of prisoners of war and of persons on the high seas,
the taking and killing of hostages, the plunder of public and private
property, the indiscriminate destruction of cities, towns, and villages,
and devastation not justified by military necessity. The common plan or
conspiracy contemplated and came to embrace as typical and systematic
means, and the defendants determined upon and committed, Crimes against
Humanity, both within Germany and within occupied territories, including
murder, extermination, enslavement, deportation, and other inhumane acts
committed against civilian populations before and during the war, and
persecutions on political, racial, or religious grounds, in execution of
the plan for preparing and prosecuting aggressive or illegal wars, many
of such acts and persecutions being violations of the domestic laws of
the countries where perpetrated.

IV. Particulars of the Nature and Development
of the Common Plan or Conspiracy

(A) NAZI PARTY AS THE CENTRAL CORE OF THE
COMMON PLAN OR CONSPIRACY

In 1921 Adolf Hitler became the supreme leader or Führer of the
Nationalsozialistische Deutsche Arbeiterpartei (National Socialist
German Workers Party), also known as the Nazi Party, which had been
founded in Germany in 1920. He continued as such throughout the period
covered by this Indictment. The Nazi Party, together with certain of its
subsidiary organizations, became the instrument of cohesion among the
defendants and their co-conspirators and an instrument for the carrying
out of the aims and purposes of their conspiracy. Each defendant became
a member of the Nazi Party and of the conspiracy, with knowledge of
their aims and purposes, or, with such knowledge, became an accessory to
their aims and purposes at some stage of the development of the
conspiracy.

(B) COMMON OBJECTIVES AND METHODS OF
CONSPIRACY

The aims and purposes of the Nazi Party and of the defendants and divers
other persons from time to time associated as leaders, members,
supporters, or adherents of the Nazi Party (hereinafter called
collectively the “Nazi conspirators”) were, or came to be, to accomplish
the following by any means deemed opportune, including unlawful means,
and contemplating ultimate resort to threat of force, force, and
aggressive war: (i) to abrogate and overthrow the Treaty of Versailles
and its restrictions upon the military armament and activity of Germany;
(ii) to acquire the territories lost by Germany as the result of the
World War of 1914-18 and other territories in Europe asserted by the
Nazi conspirators to be occupied principally by so-called “racial
Germans”; (iii) to acquire still further territories in continental
Europe and elsewhere claimed by the Nazi conspirators to be required by
the “racial Germans” as “Lebensraum,” or living space, all at the
expense of neighboring and other countries. The aims and purposes of the
Nazi conspirators were not fixed or static but evolved and expanded as
they acquired progressively greater power and became able to make more
effective application of threats of force and threats of aggressive war.
When their expanding aims and purposes became finally so great as to
provoke such strength of resistance as could be overthrown only by armed
force and aggressive war, and not simply by the opportunistic methods
theretofore used, such as fraud, deceit, threats, intimidation, fifth
column activities, and propaganda, the Nazi conspirators deliberately
planned, determined upon, and launched their aggressive wars and wars in
violation of international treaties, agreements, and assurances by the
phases and steps hereinafter more particularly described.

To incite others to join in the common plan or conspiracy, and as a
means of securing for the Nazi conspirators the highest degree of
control over the German community, they put forth, disseminated, and
exploited certain doctrines, among others, as follows:

1. That persons of so-called “German blood” (as specified by the Nazi
conspirators) were a “master race” and were accordingly entitled to
subjugate, dominate, or exterminate other “races” and peoples;
2. That the German people should be ruled under the Führerprinzip
(Leadership Principle) according to which power was to reside in a
Führer from whom sub-leaders were to derive authority in a
hierarchical order, each sub-leader to owe unconditional obedience to
his immediate superior but to be absolute in his own sphere of
jurisdiction; and the power of the leadership was to be unlimited,
extending to all phases of public and private life;
3. That war was a noble and necessary activity of Germans;
4. That the leadership of the Nazi Party, as the sole bearer of the
foregoing and other doctrines of the Nazi Party, was entitled to shape
the structure, policies, and practices of the German State and all
related institutions, to direct and supervise the activities of all
individuals within the State, and to destroy all opponents.

(D) THE ACQUIRING OF TOTALITARIAN CONTROL OF
GERMANY: POLITICAL

1. _First steps in acquisition of control of State machinery._

In order to accomplish their aims and purposes, the Nazi conspirators
prepared to seize totalitarian control over Germany to assure that no
effective resistance against them could arise within Germany itself.
After the failure of the Munich Putsch of 1923 aimed at the overthrow of
the Weimar Republic by direct action, the Nazi conspirators set out
through the Nazi Party to undermine and overthrow the German Government
by “legal” forms supported by terrorism. They created and utilized, as a
Party formation, Die Sturmabteilungen (SA), a semi-military, voluntary
organization of young men trained for and committed to the use of
violence, whose mission was to make the Party the master of the streets.

2. _Control acquired._

On 30 January 1933 Hitler became Chancellor of the German Republic.
After the Reichstag fire of 28 February 1933, clauses of the Weimar
constitution guaranteeing personal liberty, freedom of speech, of the
press, of association and assembly were suspended. The Nazi conspirators
secured the passage by the Reichstag of a “Law for the Protection of the
People and the Reich” giving Hitler and the members of his then cabinet
plenary powers of legislation. The Nazi conspirators retained such
powers after having changed the members of the cabinet. The conspirators
caused all political parties except the Nazi Party to be prohibited.
They caused the Nazi Party to be established as a paragovernmental
organization with extensive and extraordinary privileges.

3. _Consolidation of control._

Thus possessed of the machinery of the German State, the Nazi
conspirators set about the consolidation of their position of power
within Germany, the extermination of potential internal resistance, and
the placing of the German Nation on a military footing.

(a) The Nazi conspirators reduced the Reichstag to a body of their own
nominees and curtailed the freedom of popular elections throughout
the country. They transformed the several states, provinces, and
municipalities, which had formerly exercised semi-autonomous powers,
into hardly more than administrative organs of the central
Government. They united the offices of the President and the
Chancellor in the person of Hitler; instituted a widespread purge of
civil servants; and severely restricted the independence of the
judiciary and rendered it subservient to Nazi ends. The conspirators
greatly enlarged existing State and Party organizations; established
a network of new State and Party organizations; and “coordinated”
State agencies with the Nazi Party and its branches and affiliates,
with the result that German life was dominated by Nazi doctrine and
practice and progressively mobilized for the accomplishment of their
aims.
(b) In order to make their rule secure from attack and to instil fear in
the hearts of the German people, the Nazi conspirators established
and extended a system of terror against opponents and supposed or
suspected opponents of the regime. They imprisoned such persons
without judicial process, holding them in “protective custody” and
concentration camps, and subjected them to persecution, degradation,
despoilment, enslavement, torture, and murder. These concentration
camps were established early in 1933 under the direction of the
Defendant GÖRING and expanded as a fixed part of the terroristic
policy and method of the conspirators and used by them for the
commission of the Crimes against Humanity hereinafter alleged. Among
the principal agencies utilized in the perpetration of these crimes
were the SS and the GESTAPO, which, together with other favored
branches or agencies of the State and Party, were permitted to
operate without restraint of law.
(c) The Nazi conspirators conceived that, in addition to the suppression
of distinctively political opposition, it was necessary to suppress
or exterminate certain other movements or groups which they regarded
as obstacles to their retention of total control in Germany and to
the aggressive aims of the conspiracy abroad. Accordingly:

(1) The Nazi conspirators destroyed the free trade unions in Germany
by confiscating their funds and properties, persecuting their
leaders, prohibiting their activities, and supplanting them by an
affiliated Party organization. The Leadership Principle was
introduced into industrial relations, the entrepreneur becoming
the leader and the workers becoming his followers. Thus any
potential resistance of the workers was frustrated and the
productive labor capacity of the German Nation was brought under
the effective control of the conspirators.
(2) The Nazi conspirators, by promoting beliefs and practices
incompatible with Christian teaching, sought to subvert the
influence of the churches over the people and in particular over
the youth of Germany. They avowed their aim to eliminate the
Christian churches in Germany and sought to substitute therefor
Nazi institutions and Nazi beliefs, and pursued a program of
persecution of priests, clergy, and members of monastic orders
whom they deemed opposed to their purposes, and confiscated
church property.
(3) The persecution by the Nazi conspirators of pacifist groups,
including religious movements dedicated to pacifism, was
particularly relentless and cruel.

(d) Implementing their “master race” policy, the conspirators joined in a
program of relentless persecution of the Jews, designed to
exterminate them. Annihilation of the Jews became an official State
policy, carried out both by official action and by incitements to mob
and individual violence. The conspirators openly avowed their
purpose. For example, the Defendant ROSENBERG stated: “Anti-Semitism
is the unifying element of the reconstruction of Germany.” On another
occasion he also stated: “Germany will regard the Jewish question as
solved only after the very last Jew has left the greater German
living space . . . Europe will have its Jewish question solved only
after the very last Jew has left the Continent.” The Defendant LEY
declared: “We swear we are not going to abandon the struggle until
the last Jew in Europe has been exterminated and is actually dead. It
is not enough to isolate the Jewish enemy of mankind—the Jew has got
to be exterminated.” On another occasion he also declared: “The
second German secret weapon is anti-Semitism because if it is
consistently pursued by Germany, it will become a universal problem
which all nations will be forced to consider.” The Defendant
STREICHER declared: “The sun will not shine on the nations of the
earth until the last Jew is dead.” These avowals and incitements were
typical of the declarations of the Nazi conspirators throughout the
course of their conspiracy. The program of action against the Jews
included disfranchisement, stigmatization, denial of civil rights,
subjecting their persons and property to violence, deportation,
enslavement, enforced labor, starvation, murder, and mass
extermination. The extent to which the conspirators succeeded in
their purpose can only be estimated, but the annihilation was
substantially complete in many localities of Europe. Of the 9,600,000
Jews who lived in the parts of Europe under Nazi domination, it is
conservatively estimated that 5,700,000 have disappeared, most of
them deliberately put to death by the Nazi conspirators. Only
remnants of the Jewish population of Europe remain.
(e) In order to make the German people amenable to their will, and to
prepare them psychologically for war, the Nazi conspirators reshaped
the educational system and particularly the education and training of
the German youth. The Leadership Principle was introduced into the
schools and the Party and affiliated organizations were given wide
supervisory powers over education. The Nazi conspirators imposed a
supervision of all cultural activities, controlled the dissemination
of information and the expression of opinion within Germany as well
as the movement of intelligence of all kinds from and into Germany,
and created vast propaganda machines.
(f) The Nazi conspirators placed a considerable number of their dominated
organizations on a progressively militarized footing with a view to
the rapid transformation and use of such organizations whenever
necessary as instruments of war.

(E) THE ACQUIRING OF TOTALITARIAN CONTROL IN
GERMANY: ECONOMIC; AND THE ECONOMIC PLANNING
AND MOBILIZATION FOR AGGRESSIVE WAR

Having gained political power the conspirators organized Germany’s
economy to give effect to their political aims.

1. In order to eliminate the possibility of resistance in the economic
sphere, they deprived labor of its rights of free industrial and
political association as particularized in paragraph (D) 3 (c) (1)
herein.

2. They used organizations of German business as instruments of economic
mobilization for war.

3. They directed Germany’s economy towards preparation and equipment of
the military machine. To this end they directed finance, capital
investment, and foreign trade.

4. The Nazi conspirators, and in particular the industrialists among
them, embarked upon a huge re-armament program and set out to produce
and develop huge quantities of materials of war and to create a powerful
military potential.

5. With the object of carrying through the preparation for war the Nazi
conspirators set up a series of administrative agencies and authorities.
For example, in 1936 they established for this purpose the office of the
Four Year Plan with the Defendant GÖRING as Plenipotentiary, vesting it
with overriding control over Germany’s economy. Furthermore, on 28
August 1939, immediately before launching their aggression against
Poland, they appointed the Defendant FUNK Plenipotentiary for Economics;
and on 30 August 1939, they set up the Ministerial Council for the
Defense of the Reich to act as a War Cabinet.

(F) UTILIZATION OF NAZI CONTROL FOR FOREIGN
AGGRESSION

1. _Status of the conspiracy by the middle of 1933 and projected plans._

By the middle of the year 1933 the Nazi conspirators, having acquired
governmental control over Germany, were in a position to enter upon
further and more detailed planning with particular relationship to
foreign policy. Their plan was to re-arm and to re-occupy and fortify
the Rhineland, in violation of the Treaty of Versailles and other
treaties, in order to acquire military strength and political bargaining
power to be used against other nations.

2. The Nazi conspirators decided that for their purpose the Treaty of
Versailles must definitely be abrogated and specific plans were made by
them and put into operation by 7 March 1936, all of which opened the way
for the major aggressive steps to follow, as hereinafter set forth. In
the execution of this phase of the conspiracy the Nazi conspirators did
the following acts:

(_a_) They led Germany to enter upon a course of secret rearmament from
1933 to March 1935, including the training of military personnel
and the production of munitions of war, and the building of an air
force.
(_b_) On 14 October 1933, they led Germany to leave the International
Disarmament Conference and the League of Nations.
(_c_) On 10 March 1935, the Defendant GÖRING announced that Germany was
building a military air force.
(_d_) On 16 March 1935, the Nazi conspirators promulgated a law for
universal military service, in which they stated the peace-time
strength of the German Army would be fixed at 500,000 men.
(_e_) On 21 May 1935, they falsely announced to the world, with intent
to deceive and allay fears of aggressive intentions, that they
would respect the territorial limitations of the Versailles Treaty
and comply with the Locarno Pacts.
(_f_) On 7 March 1936, they reoccupied and fortified the Rhineland, in
violation of the Treaty of Versailles and the Rhine Pact of
Locarno of 16 October 1925, and falsely announced to the world
that “we have no territorial demands to make in Europe.”

3. _Aggressive action against Austria and Czechoslovakia._

(_a_) _The 1936-1938 phase of the plan: planning for the assault on
Austria and Czechoslovakia._

The Nazi conspirators next entered upon the specific planning for the
acquisition of Austria and Czechoslovakia, realizing it would be
necessary, for military reasons, first to seize Austria before
assaulting Czechoslovakia. On 21 May 1935, in a speech to the Reichstag,
Hitler stated that: “Germany neither intends nor wishes to interfere in
the internal affairs of Austria, to annex Austria, or to conclude an
Anschluss.” On 1 May 1936, within two months after the reoccupation of
the Rhineland, Hitler stated: “The lie goes forth again that Germany
tomorrow or the day after will fall upon Austria or Czechoslovakia.”
Thereafter, the Nazi conspirators caused a treaty to be entered into
between Austria and Germany on 11 July 1936, Article 1 of which stated
that “The German Government recognizes the full sovereignty of the
Federated State of Austria in the spirit of the pronouncements of the
German Führer and Chancellor of 21 May 1935.” Meanwhile, plans for
aggression in violation of that treaty were being made. By the autumn of
1937, all noteworthy opposition within the Reich had been crushed.
Military preparation for the Austrian action was virtually concluded. An
influential group of the Nazi conspirators met with Hitler on 5 November
1937, to review the situation. It was reaffirmed that Nazi Germany must
have “Lebensraum” in central Europe. It was recognized that such
conquest would probably meet resistance which would have to be crushed
by force and that their decision might lead to a general war, but this
prospect was discounted as a risk worth taking. There emerged from this
meeting three possible plans for the conquest of Austria and
Czechoslovakia. Which of the three was to be used was to depend upon the
developments in the political and military situation in Europe. It was
contemplated that the conquest of Austria and Czechoslovakia would,
through compulsory emigration of 2,000,000 persons from Czechoslovakia
and 1,000,000 persons from Austria, provide additional food to the Reich
for 5,000,000 to 6,000,000 people, strengthen it militarily by providing
shorter and better frontiers, and make possible the constituting of new
armies up to about twelve divisions. Thus, the aim of the plan against
Austria and Czechoslovakia was conceived of not as an end in itself but
as a preparatory measure toward the next aggressive steps in the Nazi
conspiracy.

(_b_) _The execution of the plan to invade Austria: November 1937 to
March 1938._

Hitler, on 8 February 1938, called Chancellor Schuschnigg to a
conference at Berchtesgaden. At the meeting of 12 February 1938, under
threat of invasion, Schuschnigg yielded a promise of amnesty to
imprisoned Nazis and appointment of Nazis to ministerial posts. He
agreed to remain silent until Hitler’s 20 February speech in which
Austria’s independence was to be reaffirmed, but Hitler in his speech,
instead of affirming Austrian independence, declared himself protector
of all Germans. Meanwhile, underground activities of Nazis in Austria
increased. Schuschnigg, on 9 March 1938, announced a plebiscite on the
question of Austrian independence. On 11 March Hitler sent an ultimatum,
demanding that the plebiscite be called off or that Germany would invade
Austria. Later the same day a second ultimatum threatened invasion
unless Schuschnigg should resign in three hours. Schuschnigg resigned.
The Defendant SEYSS-INQUART, who was appointed Chancellor, immediately
invited Hitler to send German troops into Austria to “preserve order”.
The invasion began on 12 March 1938. On 13 March, Hitler by proclamation
assumed office as Chief of State of Austria and took command of its
armed forces. By a law of the same date Austria was annexed to Germany.

(_c_) _The execution of the plan to invade Czechoslovakia: April 1938 to
March 1939._

1. Simultaneously with their annexation of Austria the Nazi conspirators
gave false assurances to the Czechoslovak Government that they would not
attack that country. But within a month they met to plan specific ways
and means of attacking Czechoslovakia, and to revise, in the light of
the acquisition of Austria, the previous plans for aggression against
Czechoslovakia.

2. On 21 April 1938, the Nazi conspirators met and prepared to launch an
attack on Czechoslovakia not later than 1 October 1938. They planned
specifically to create an “incident” to “justify” the attack. They
decided to launch a military attack only after a period of diplomatic
squabbling which, growing more serious, would lead to the excuse for
war, or, in the alternative, to unleash a lightning attack as a result
of an “incident” of their own creation. Consideration was given to
assassinating the German Ambassador at Prague to create the requisite
incident. From and after 21 April 1938, the Nazi conspirators caused to
be prepared detailed and precise military plans designed to carry out
such an attack at any opportune moment and calculated to overcome all
Czechoslovak resistance within four days, thus presenting the world with
a _fait accompli_, and so forestalling outside resistance. Throughout
the months of May, June, July, August, and September, these plans were
made more specific and detailed, and by 3 September 1938, it was decided
that all troops were to be ready for action on 28 September 1938.

3. Throughout this same period, the Nazi conspirators were agitating the
minorities question in Czechoslovakia, and particularly in the
Sudetenland, leading to a diplomatic crisis in August and September
1938. After the Nazi conspirators threatened war, the United Kingdom and
France concluded a pact with Germany and Italy at Munich on 29 September
1938, involving the cession of the Sudetenland by Czechoslovakia to
Germany. Czechoslovakia was required to acquiesce. On 1 October 1938,
German troops occupied the Sudetenland.

4. On 15 March 1939, contrary to the provisions of the Munich Pact
itself, the Nazi conspirators caused the completion of their plan by
seizing and occupying the major part of Czechoslovakia not ceded to
Germany by the Munich Pact.

4. _Formulation of the plan to attack Poland: preparation and initiation
of aggressive war: March 1939 to September 1939._

(_a_) With these aggressions successfully consummated, the conspirators
had obtained much desired resources and bases and were ready to
undertake further aggressions by means of war. Following assurances to
the world of peaceful intentions, an influential group of the
conspirators met on 23 May 1939, to consider the further implementation
of their plan. The situation was reviewed and it was observed that “the
past six years have been put to good use and all measures have been
taken in correct sequence and in accordance with our aims”; that the
national-political unity of the Germans had been substantially achieved;
and that further successes could not be achieved without war and
bloodshed. It was decided nevertheless next to attack Poland at the
first suitable opportunity. It was admitted that the questions
concerning Danzig which they had agitated with Poland were not true
questions, but rather that the question was one of aggressive expansion
for food and “Lebensraum”. It was recognized that Poland would fight if
attacked and that a repetition of the Nazi success against
Czechoslovakia without war could not be expected. Accordingly, it was
determined that the problem was to isolate Poland and, if possible,
prevent a simultaneous conflict with the Western Powers. Nevertheless,
it was agreed that England was an enemy to their aspirations, and that
war with England and her ally France must eventually result, and
therefore that in that war every attempt must be made to overwhelm
England with a “Blitzkrieg”. It was thereupon determined immediately to
prepare detailed plans for an attack on Poland at the first suitable
opportunity and thereafter for an attack on England and France, together
with plans for the simultaneous occupation by armed force of air bases
in the Netherlands and Belgium.

(_b_) Accordingly, after having denounced the German-Polish Pact of 1934
on false grounds, the Nazi conspirators proceeded to stir up the Danzig
issue, to prepare frontier “incidents” to “justify” the attack, and to
make demands for the cession of Polish territory. Upon refusal by Poland
to yield, they caused German armed forces to invade Poland on 1
September 1939, thus precipitating war also with the United Kingdom and
France.

5. _Expansion of the war into a general war of aggression: planning and
execution of attacks on Denmark, Norway, Belgium, the Netherlands,
Luxembourg, Yugoslavia, and Greece: 1939 to April 1941._

Thus the aggressive war prepared for by the Nazi conspirators through
their attacks on Austria and Czechoslovakia was actively launched by
their attack on Poland. After the total defeat of Poland, in order to
facilitate the carrying out of their military operations against France
and the United Kingdom, the Nazi conspirators made active preparations
for an extension of the war in Europe. In accordance with those plans,
they caused the German armed forces to invade Denmark and Norway on 9
April 1940; Belgium, the Netherlands, and Luxembourg on 10 May 1940;
Yugoslavia and Greece on 6 April 1941. All these invasions had been
specifically planned in advance, in violation of the terms of the
Kellogg-Briand Pact of 1928.

6. _German invasion on 22 June 1941, of the U.S.S.R. territory in
violation of Non-Aggression Pact of 23 August 1939._

On 22 June 1941 the Nazi conspirators deceitfully denounced the
Non-Aggression Pact between Germany and the U.S.S.R. and without any
declaration of war invaded Soviet territory thereby beginning a War of
Aggression against the U.S.S.R.

From the first day of launching their attack on Soviet territory the
Nazi conspirators, in accordance with their detailed plans, began to
carry out the destruction of cities, towns, and villages, the demolition
of factories, collective farms, electric stations, and railroads, the
robbery and barbaric devastation of the natural cultural institutions of
the peoples of the U.S.S.R., the devastation of museums, schools,
hospitals, churches, and historic monuments, the mass deportation of the
Soviet citizens for slave labor to Germany, as well as the annihilation
of adults, old people, women and children, especially Bielorussians and
Ukrainians, and the extermination of Jews committed throughout the
occupied territory of the Soviet Union.

The above mentioned criminal offenses were perpetrated by the German
troops in accordance with the orders of the Nazi Government and the
General Staff and High Command of the German armed forces.

7. _Collaboration with Italy and Japan and aggressive war against the
United States: November 1936 to December 1941._

After the initiation of the Nazi wars of aggression the Nazi
conspirators brought about a German-Italian-Japanese 10-year
military-economic alliance signed at Berlin on 27 September 1940. This
agreement, representing a strengthening of the bonds among those three
nations established by the earlier but more limited pact of 25 November
1936, stated: “The Governments of Germany, Italy, and Japan, considering
it as a condition precedent of any lasting peace that all nations of the
world be given each its own proper place, have decided to stand by and
co-operate with one another in regard to their efforts in Greater East
Asia and regions of Europe respectively wherein it is their prime
purpose to establish and maintain a new order of things calculated to
promote the mutual prosperity and welfare of the peoples concerned.” The
Nazi conspirators conceived that Japanese aggression would weaken and
handicap those nations with whom they were at war, and those with whom
they contemplated war. Accordingly, the Nazi conspirators exhorted Japan
to seek “a new order of things.” Taking advantage of the wars of
aggression then being waged by the Nazi conspirators, Japan commenced an
attack on 7 December 1941, against the United States of America at Pearl
Harbor and the Philippines, and against the British Commonwealth of
Nations, French Indo-China, and the Netherlands in the southwest
Pacific. Germany declared war against the United States on 11 December
1941.

(G) WAR CRIMES AND CRIMES AGAINST HUMANITY COMMITTED
IN THE COURSE OF EXECUTING THE CONSPIRACY
FOR WHICH THE CONSPIRATORS ARE RESPONSIBLE.

1. Beginning with the initiation of the aggressive war on 1 September
1939, and throughout its extension into wars involving almost the entire
world, the Nazi conspirators carried out their common plan or conspiracy
to wage war in ruthless and complete disregard and violation of the laws
and customs of war. In the course of executing the common plan or
conspiracy there were committed the War Crimes detailed hereinafter in
Count Three of this Indictment.

2. Beginning with the initiation of their plan to seize and retain total
control of the German State, and thereafter throughout their utilization
of that control for foreign aggression, the Nazi conspirators carried
out their common plan or conspiracy in ruthless and complete disregard
and violation of the laws of humanity. In the course of executing the
common plan or conspiracy there were committed the Crimes against
Humanity detailed hereinafter in Count Four of this Indictment.

3. By reason of all the foregoing, the defendants with divers other
persons are guilty of a common plan or conspiracy for the accomplishment
of Crimes against Peace; of a conspiracy to commit Crimes against
Humanity in the course of preparation for war and in the course of
prosecution of war; and of a conspiracy to commit War Crimes not only
against the armed forces of their enemies but also against
non-belligerent civilian populations.

(H) INDIVIDUAL, GROUP AND ORGANIZATION RESPONSIBILITY
FOR THE OFFENSE STATED IN COUNT ONE

Reference is hereby made to Appendix A of this Indictment for a
statement of the responsibility of the individual defendants for the
offense set forth in this Count One of the indictment. Reference is
hereby made to Appendix B of this Indictment for a statement of the
responsibility of the groups and organizations named herein as criminal
groups and organizations for the offense set forth in this Count One of
the Indictment.

COUNT TWO—CRIMES AGAINST PEACE

(_Charter, Article 6_ (_a_))
V. Statement of the Offense

All the defendants with divers other persons, during a period of years
preceding 8 May 1945, participated in the planning, preparation,
initiation, and waging of wars of aggression, which were also wars in
violation of international treaties, agreements, and assurances.

VI. Particulars of the wars planned, prepared, initiated, and waged

(_A_) The wars referred to in the Statement of Offense in this Count Two
of the Indictment and the dates of their initiation were the following:
against Poland, 1 September 1939; against the United Kingdom and France,
3 September 1939; against Denmark and Norway, 9 April 1940; against
Belgium, the Netherlands, and Luxembourg, 10 May 1940; against
Yugoslavia and Greece, 6 April 1941; against the U.S.S.R., 22 June 1941;
and against the United States of America, 11 December 1941.

(_B_) Reference is hereby made to Count One of the Indictment for the
allegations charging that these wars were wars of aggression on the part
of the defendants.

(_C_) Reference is hereby made to Appendix C annexed to this Indictment
for a statement of particulars of the charges of violations of
international treaties, agreements, and assurances caused by the
defendants in the course of planning, preparing, and initiating these
wars.

VII. Individual, Group and Organization Responsibility for the Offense
Stated
in Count Two

Reference is hereby made to Appendix A of this Indictment for a
statement of the responsibility of the individual defendants for the
offense set forth in this Count Two of the Indictment. Reference is
hereby made to Appendix B of this Indictment for a statement of the
responsibility of the groups and organizations named herein as criminal
groups and organizations for the offense set forth in this Count Two of
the Indictment.

COUNT THREE—WAR CRIMES

(_Charter, Article 6, especially 6_ (_b_))
VIII. Statement of the Offense

All the defendants committed War Crimes between 1 September 1939 and 8
May 1945, in Germany and in all those countries and territories occupied
by the German Armed Forces since 1 September 1939, and in Austria,
Czechoslovakia, and Italy, and on the High Seas.

All the defendants, acting in concert with others, formulated and
executed a Common Plan or Conspiracy to commit War Crimes as defined in
Article 6 (b) of the Charter. This plan involved, among other things,
the practice of “total war” including methods of combat and of military
occupation in direct conflict with the laws and customs of war, and the
commission of crimes perpetrated on the field of battle during
encounters with enemy armies, and against prisoners of war, and in
occupied territories against the civilian population of such
territories.

The said War Crimes were committed by the defendants and by other
persons for whose acts the defendants are responsible (under Article 6
of the Charter) as such other persons when committing the said War
Crimes performed their acts in execution of a common plan and conspiracy
to commit the said War Crimes, in the formulation and execution of which
plan and conspiracy all the defendants participated as leaders,
organizers, instigators, and accomplices.

These methods and crimes constituted violations of international
conventions, of internal penal laws and of the general principles of
criminal law as derived from the criminal law of all civilized nations,
and were involved in and part of a systematic course of conduct.

(A) MURDER AND ILL-TREATMENT OF CIVILIAN POPULATIONS
OF OR IN OCCUPIED TERRITORY AND ON THE HIGH
SEAS

Throughout the period of their occupation of territories overrun by
their armed forces the defendants, for the purpose of systematically
terrorizing the inhabitants, murdered and tortured civilians, and
ill-treated them, and imprisoned them without legal process.

The murders and ill-treatment were carried out by divers means,
including shooting, hanging, gassing, starvation, gross overcrowding,
systematic under-nutrition, systematic imposition of labor tasks beyond
the strength of those ordered to carry them out, inadequate provision of
surgical and medical services, kickings, beatings, brutality and torture
of all kinds, including the use of hot irons and pulling out of
fingernails and the performance of experiments by means of operations
and otherwise on living human subjects. In some occupied territories the
defendants interfered in religious matters, persecuted members of the
clergy and monastic orders, and expropriated church property. They
conducted deliberate and systematic genocide, viz., the extermination of
racial and national groups, against the civilian populations of certain
occupied territories in order to destroy particular races and classes of
people and national, racial, or religious groups, particularly Jews,
Poles, and Gypsies and others.

Civilians were systematically subjected to tortures of all kinds, with
the object of obtaining information.

Civilians of occupied countries were subjected systematically to
“protective arrests” whereby they were arrested and imprisoned without
any trial and any of the ordinary protections of the law, and they were
imprisoned under the most unhealthy and inhumane conditions.

In the concentration camps were many prisoners who were classified
“Nacht und Nebel”. These were entirely cut off from the world and were
allowed neither to receive nor to send letters. They disappeared without
trace and no announcement of their fate was ever made by the German
authorities.

Such murders and ill-treatment were contrary to international
conventions, in particular to Article 46 of the Hague Regulations, 1907,
the laws and customs of war, the general principles of criminal law as
derived from the criminal laws of all civilized nations, the internal
penal laws of the countries in which such crimes were committed, and to
Article 6 (b) of the Charter.

The following particulars and all the particulars appearing later in
this count are set out herein by way of example only, are not exclusive
of other particular cases, and are stated without prejudice to the right
of the Prosecution to adduce evidence of other cases of murder and
ill-treatment of civilians.

1. _In France, Belgium, Denmark, Holland, Norway, Luxembourg, Italy, and
the Channel Islands (hereinafter called the “Western Countries”) and in
that part of Germany which lies west of a line drawn due north and south
through the center of Berlin (hereinafter called “Western Germany”)._

Such murder and ill-treatment took place in concentration camps and
similar establishments set up by the defendants, and particularly in the
concentration camps set up at Belsen, Buchenwald, Dachau, Breendonck,
Grini, Natzweiler, Ravensbrück, Vught, and Amersfoort, and in numerous
cities, towns, and villages, including Oradour-sur-Glane, Trondheim, and
Oslo.

Crimes committed in France or Against French citizens took the following
forms:

Arbitrary arrests were carried out under political or racial
pretexts: they were both individual and collective; notably in
Paris (round-up of the 18th Arrondissement by the Field
Gendarmerie, round-up of the Jewish population of the 11th
Arrondissement in August 1941, round-up of Jewish intellectuals
in December 1941, round-up in July 1942); at Clermont-Ferrand
(round-up of professors and students of the University of
Strasbourg, who were taken to Clermont-Ferrand on 25 November
1943); at Lyons; at Marseilles (round-up of 40,000 persons in
January 1943); at Grenoble (round-up on 24 December 1943); at
Cluny (round-up on 24 December 1944); at Figeac (round-up in May
1944); at Saint Pol de Léon (round-up in July 1944); at Locminé
(round-up on 3 July 1944); at Eysieux (round-up in May 1944) and
at Moussey (round-up in September 1944). These arrests were
followed by brutal treatment and tortures carried out by the
most diverse methods, such as immersion in icy water,
asphyxiation, torture of the limbs, and the use of instruments
of torture, such as the iron helmet and electric current, and
practiced in all the prisons of France, notably in Paris, Lyons,
Marseilles, Rennes, Metz, Clermont-Ferrand, Toulouse, Nice,
Grenoble, Annecy, Arras, Béthune, Lille, Loos, Valenciennes,
Nancy, Troyes, and Caen, and in the torture chambers fitted up
at the Gestapo centers.

In the concentration camps, the health regime and the labor regime were
such that the rate of mortality (alleged to be from natural causes)
attained enormous proportions, for instance:

1. Out of a convoy of 230 French women deported from Compiègne to
Auschwitz in January 1943, 180 died of exhaustion by the end of four
months.
2. 143 Frenchmen died of exhaustion between 23 March and 6 May 1943,
in Block 8 at Dachau.
3. 1,797 Frenchmen died of exhaustion between 21 November 1943, and 15
March 1945, in the Block at Dora.
4. 465 Frenchmen died of general debility in November 1944, at Dora.
5. 22,761 deportees died of exhaustion at Buchenwald between 1 January
1943, and 15 April 1945.
6. 11,560 detainees died of exhaustion at Dachau Camp (most of them in
Block 30 reserved for the sick and the infirm) between 1 January and
15 April 1945.
7. 780 priests died of exhaustion at Mauthausen.
8. Out of 2,200 Frenchmen registered at Flossenburg Camp, 1,600 died
from supposedly natural causes.

Methods used for the work of extermination in concentration camps were:

Bad treatment, pseudo-scientific experiments (sterilization of women at
Auschwitz and at Ravensbrück, study of the evolution of cancer of the
womb at Auschwitz, of typhus at Buchenwald, anatomical research at
Natzweiler, heart injections at Buchenwald, bone grafting and muscular
excisions at Ravensbrück, etc.), gas chambers, gas wagons, and crematory
ovens. Of 228,000 French political and racial deportees in concentration
camps, only 28,000 survived.

In France systematic extermination was practiced also, notably at Asq on
1 April 1944, at Colpo on 22 July 1944, at Buzet-sur-Tarn on 6 July 1944
and on 17 August 1944, at Pluvignier on 8 July 1944, at Rennes on 8 June
1944, at Grenoble on 8 July 1944, at Saint Flour on 10 June 1944, at
Ruisnes on 10 July 1944, at Nimes, at Tulle, and at Nice, where, in July
1944, the victims of torture were exposed to the population, and at
Oradour-sur-Glane where the entire village population was shot or burned
alive in the church.

The many charnel pits give proof of anonymous massacres. Most notable of
these are the charnel pits of Paris (Cascade du Bois de Boulogne),
Lyons, Saint-Genis-Laval, Besançon, Petit-Saint-Bernard, Aulnat, Caen,
Port-Louis, Charleval, Fontainebleau, Bouconne, Gabaudet, L’hermitage
Lorges, Morlaas, Bordelongue, Signe.

In the course of a premeditated campaign of terrorism, initiated in
Denmark by the Germans in the latter part of 1943, 600 Danish subjects
were murdered and, in addition, throughout the German occupation of
Denmark, large numbers of Danish subjects were subjected to torture and
ill-treatment of all sorts. In addition, approximately 500 Danish
subjects were murdered, by torture and otherwise, in German prisons and
concentration camps.

In Belgium between 1940 and 1944 tortures by various means, but
identical in each place, were carried out at Brussels, Liége, Mons,
Ghent, Namur, Antwerp, Tournai, Arlon, Charleroi, and Dinant.

At Vught, in Holland, when the camp was evacuated about 400 persons were
murdered by shooting.

In Luxembourg, during the German occupation, 500 persons were murdered
and, in addition, another 521 were illegally executed, by order of such
special tribunals as the so-called “Sondergericht”. Many more persons in
Luxembourg were subjected to torture and mistreatment by the Gestapo.
Not less than 4,000 Luxembourg nationals were imprisoned during the
period of German occupation, and of these at least 400 were murdered.

Between March 1944 and April 1945, in Italy, at least 7,500 men, women,
and children, ranging in years from infancy to extreme old age were
murdered by the German soldiery at Civitella, in the Ardeatine Caves in
Rome, and at other places.

2. _In the U.S.S.R., i. e., in the Bielorussian, Ukrainian, Estonian,
Latvian, Lithuanian, Karelo-Finnish, and Moldavian Soviet Socialist
Republics, in 19 regions of the Russian Soviet Federated Socialist
Republic, and in Poland, Czechoslovakia, Yugoslavia, Greece, and the
Balkans (hereinafter called “the Eastern Countries”) and in that part of
Germany which lies east of a line drawn north and south through the
center of Berlin (hereinafter called “Eastern Germany”)._

From 1 September 1939, when the German Armed Forces invaded Poland, and
from 22 June 1941, when they invaded the U.S.S.R., the German Government
and the German High Command adopted a systematic policy of murder and
ill-treatment of the civilian populations of and in the Eastern
Countries as they were successively occupied by the German Armed Forces.
These murders and ill-treatments were carried on continuously until the
German Armed Forces were driven out of the said countries.

Such murders and ill-treatments included:

(_a_) Murders and ill-treatments at concentration camps and similar
establishments set up by the Germans in the Eastern Countries and in
Eastern Germany including those set up at Maidanek and Auschwitz.

The said murders and ill-treatments were carried out by divers means
including all those set out above, as follows:

About 1,500,000 persons were exterminated in Maidanek and about
4,000,000 persons were exterminated in Auschwitz, among whom were
citizens of Poland, the U.S.S.R., the United States of America, Great
Britain, Czechoslovakia, France, and other countries.

In the Lwow region and in the city of Lwow the Germans exterminated
about 700,000 Soviet people, including 70 persons in the field of the
arts, science, and technology, and also citizens of the United States of
America, Great Britain, Czechoslovakia, Yugoslavia, and Holland, brought
to this region from other concentration camps.

In the Jewish ghetto from 7 September 1941 to 6 July 1943, over 133,000
persons were tortured and shot.

Mass shooting of the population occurred in the suburbs of the city and
in the Livenitz forest.

In the Ganov camp 200,000 peaceful citizens were exterminated. The most
refined methods of cruelty were employed in this extermination, such as
disembowelling and the freezing of human beings in tubs of water. Mass
shootings took place to the accompaniment of the music of an orchestra
recruited from the persons interned.

Beginning with June 1943, the Germans carried out measures to hide the
evidence of their crimes. They exhumed and burned corpses, and they
crushed the bones with machines and used them for fertilizer.

At the beginning of 1944 in the Ozarichi region of the Bielorussian
S.S.R., before liberation by the Red Army, the Germans established three
concentration camps without shelters, to which they committed tens of
thousands of persons from the neighboring territories. They brought many
people to these camps from typhus hospitals intentionally, for the
purpose of infecting the other persons interned and for spreading the
disease in territories from which the Germans were being driven by the
Red Army. In these camps there were many murders and crimes.

In the Estonian S.S.R. they shot tens of thousands of persons and in one
day alone, 19 September 1944, in Camp Kloga, the Germans shot 2,000
peaceful citizens. They burned the bodies on bonfires.

In the Lithuanian S.S.R. there were mass killings of Soviet citizens,
namely: in Panerai at least 100,000; in Kaunas more than 70,000; in
Alitus about 60,000; at Prenai more than 3,000; in Villiampol about
8,000; in Mariampol about 7,000; in Trakai and neighboring towns 37,640.

In the Latvian S.S.R. 577,000 persons were murdered.

As a result of the whole system of internal order maintained in all
camps, the interned persons were doomed to die.

In a secret instruction entitled “the internal regime in concentration
camps”, signed personally by Himmler in 1941 severe measures of
punishment were set forth for the internees. Masses of prisoners of war
were shot, or died from the cold and torture.

(_b_) Murders and ill-treatments at places in the Eastern Countries and
in the Soviet Union, other than in the camps referred to in (_a_) above,
included, on various dates during the occupation by the German Armed
Forces:

The destruction in the Smolensk region of over 135,000 Soviet citizens.

Among these, near the village of Kholmetz of the Sychev region, when the
military authorities were required to remove the mines from an area, on
the order of the Commander of the 101st German Infantry Division,
Major-General Fisler, the German soldiers gathered the inhabitants of
the village of Kholmetz and forced them to remove mines from the road.
All of these people lost their lives as a result of exploding mines.

In the Leningrad region there were shot and tortured over 172,000
persons, including over 20,000 persons who were killed in the city of
Leningrad by the barbarous artillery barrage and the bombings.

In the Stavropol region in an anti-tank trench close to the station of
Mineralny Vody, and in other cities, tens of thousands of persons were
exterminated.

In Pyatigorsk many were subjected to torture and criminal treatment,
including suspension from the ceiling and other methods. Many of the
victims of these tortures were then shot.

In Krasnodar some 6,700 civilians were murdered by poison gas in gas
vans, or were tortured and shot.

In the Stalingrad region more than 40,000 persons were tortured and
killed. After the Germans were expelled from Stalingrad, more than a
thousand mutilated bodies of local inhabitants were found with marks of
torture. One hundred and thirty-nine women had their arms painfully bent
backward and held by wires. From some their breasts had been cut off and
their ears, fingers, and toes had been amputated. The bodies bore the
marks of burns. On the bodies of the men the five pointed star was
burned with an iron or cut with a knife. Some were disembowelled.

In Orel over 5,000 persons were murdered.

In Novgorod and in the Novgorod region many thousands of Soviet citizens
were killed by shooting, starvation, and torture. In Minsk tens of
thousands of citizens were similarly killed.

In the Crimea peaceful citizens were gathered on barges, taken out to
sea and drowned, over 144,000 persons being exterminated in this manner.

In the Soviet Ukraine there were monstrous criminal acts of the Nazi
conspirators. In Babi Yar, near Kiev, they shot over 100,000 men, women,
children, and old people. In this city in January 1942, after the
explosion in German Headquarters on Dzerzhinsky Street the Germans
arrested as hostages 1,250 persons—old men, minors, women with nursing
infants. In Kiev they killed over 195,000 persons.

In Rovno and the Rovno region they killed and tortured over 100,000
peaceful citizens.

In Dnepropetrovsk, near the Transport Institute, they shot or threw
alive into a great ravine 11,000 women, old men, and children.

In Kamenetz-Podolsk Region 31,000 Jews were shot and exterminated,
including 13,000 persons brought there from Hungary.

In the Odessa Region at least 200,000 Soviet citizens were killed.

In Kharkov about 195,000 persons were either tortured to death, shot, or
gassed in gas vans.

In Gomel the Germans rounded up the population in prison, and tortured
and tormented them, and then took them to the center of the city and
shot them in public.

In the city of Lyda in the Grodnen region on 8 May 1942, 5,670 persons
were completely undressed, driven into pens in groups of 100, and then
shot by machine guns. Many were thrown in the graves while they were
still alive.

Along with adults the Nazi conspirators mercilessly destroyed even
children. They killed them with their parents, in groups, and alone.
They killed them in children’s homes and hospitals, burying the living
in the graves, throwing them into flames, stabbing them with bayonets,
poisoning them, conducting experiments upon them, extracting their blood
for the use of the German Army, throwing them into prison and Gestapo
torture chambers and concentration camps, where the children died from
hunger, torture, and epidemic diseases.

From 6 September to 24 November 1942, in the region of Brest, Pinsk,
Kobren, Dyvina, Malority, and Berezy-Kartuzsky about 400 children were
shot by German punitive units.

In the Yanov camp in the city of Lwow the Germans killed 8,000 children
in two months.

In the resort of Tiberda the Germans annihilated 500 children suffering
from tuberculosis of the bone, who were in the sanatorium for the cure.

On the territory of the Latvian S.S.R. the German usurpers killed
thousands of children, whom they had brought there with their parents
from the Bielorussian S.S.R., and from the Kalinin, Kaluga, and other
regions of the R.S.F.S.R.

In Czechoslovakia as a result of torture, beating, hanging, and
shootings, there were annihilated in Gestapo prisons in Brno, Seim, and
other places over 20,000 persons. Moreover, many thousands of internees
were subjected to criminal treatment, beatings, and torture.

Both before the war, as well as during the war, thousands of Czech
patriots, in particular Catholics and Protestants, lawyers, doctors,
teachers, etc., were arrested as hostages and imprisoned. A large number
of these hostages were killed by the Germans.

In Greece in October 1941, the male populations between 16 and 60 years
of age of the Greek villages Amelofito, Kliston, Kizonia Mesovunos,
Selli, Ano-Kerzilion and Kato-Kerzilion were shot—in all 416 persons.

In Yugoslavia many thousands of civilians were murdered. Other examples
are given under paragraph (D), “Killing of Hostages”, below.

(B) DEPORTATION FOR SLAVE LABOR AND FOR OTHER
PURPOSES OF THE CIVILIAN POPULATIONS OF AND IN
OCCUPIED TERRITORIES

During the whole period of the occupation by Germany of both the Western
and the Eastern Countries it was the policy of the German Government and
of the German High Command to deport able-bodied citizens from such
occupied countries to Germany and to other occupied countries for the
purpose of slave labor upon defense works, in factories, and in other
tasks connected with the German war effort.

In pursuance of such policy there were mass deportations from all the
Western and Eastern Countries for such purposes during the whole period
of the occupation.

Such deportations were contrary to international conventions, in
particular to Article 46 of the Hague Regulations, 1907, the laws and
customs of war, the general principles of criminal law as derived from
the criminal laws of all civilized nations, the internal penal laws of
the countries in which such crimes were committed, and to Article 6 (b)
of the Charter.

Particulars of deportations, by way of example only and without
prejudice to the production of evidence of other cases are as follows:

1. From the Western Countries:

From France the following deportations of persons for political and
racial reasons took place—each of which consisted of from 1,500 to
2,500 deportees:

1940 ... 3 Transports
1941 ... 14 Transports
1942 ... 104 Transports
1943 ... 257 Transports
1944 ... 326 Transports

Such deportees were subjected to the most barbarous conditions of
overcrowding; they were provided with wholly insufficient clothing and
were given little or no food for several days.

The conditions of transport were such that many deportees died in the
course of the journey, for example:

In one of the wagons of the train which left Compiègne for Buchenwald,
on 17 September 1943, 80 men died out of 130;

On 4 June 1944, 484 bodies were taken out of the train at Sarrebourg;

In a train which left Compiègne on 2 July 1944 for Dachau, more than 600
dead were found on arrival, i. e. one-third of the total number;

In a train which left Compiègne on 16 January 1944 for Buchenwald, more
than 100 men were confined in each wagon, the dead and the wounded being
heaped in the last wagon during the journey;

In April 1945, of 12,000 internees evacuated from Buchenwald, 4,000 only
were still alive when the marching column arrived near Regensburg.

During the German occupation of Denmark, 5,200 Danish subjects were
deported to Germany and there imprisoned in concentration camps and
other places.

In 1942 and thereafter 6,000 nationals of Luxembourg were deported from
their country under deplorable conditions as a result of which many of
them perished.

From Belgium between 1940 and 1944 at least 190,000 civilians were
deported to Germany and used as slave labor. Such deportees were
subjected to ill-treatment and many of them were compelled to work in
armament factories.

From Holland, between 1940 and 1944, nearly half a million civilians
were deported to Germany and to other occupied countries.

2. From the Eastern Countries:

The German occupying authorities deported from the Soviet Union to
slavery about 4,978,000 Soviet citizens.

Seven hundred and fifty thousand Czechoslovakian citizens were taken
away from Czechoslovakia and forced to work in the German war machine in
the interior of Germany.

On 4 June 1941, in the city of Zagreb (Yugoslavia) a meeting of German
representatives was called with the Councillor Von Troll presiding. The
purpose was to set up the means of deporting the Yugoslav population
from Slovenia. Tens of thousands of persons were deported in carrying
out this plan.

(C) MURDER AND ILL-TREATMENT OF PRISONERS OF WAR,
AND OF OTHER MEMBERS OF THE ARMED FORCES OF THE
COUNTRIES WITH WHOM GERMANY WAS AT WAR, AND OF
PERSONS ON THE HIGH SEAS

The defendants murdered and ill-treated prisoners of war by denying them
adequate food, shelter, clothing and medical care and attention; by
forcing them to labor in inhumane conditions; by torturing them and
subjecting them to inhuman indignities and by killing them. The German
Government and the German High Command imprisoned prisoners of war in
various concentration camps, where they were killed and subjected to
inhuman treatment by the various methods set forth in paragraph VIII
(A). Members of the armed forces of the countries with whom Germany was
at war were frequently murdered while in the act of surrendering. These
murders and ill-treatment were contrary to International Conventions,
particularly Articles 4, 5, 6, and 7 of the Hague Regulations, 1907, and
to Articles 2, 3, 4, and 6 of the Prisoners of War Convention (Geneva
1929), the laws and customs of war, the general principles of criminal
law as derived from the criminal laws of all civilized nations, the
internal penal laws of the countries in which such crimes were
committed, and to Article 6 (b) of the Charter.

Particulars by way of example and without prejudice to the production of
evidence of other cases, are as follows:

1. In the Western Countries:

French officers who escaped from Oflag X C were handed over to the
Gestapo and disappeared; others were murdered by their guards; others
sent to concentration camps and exterminated. Among others, the men of
Stalag VI C were sent to Buchenwald.

Frequently prisoners captured on the Western Front were obliged to march
to the camps until they completely collapsed. Some of them walked more
than 600 kilometers with hardly any food; they marched on for 48 hours
running, without being fed; among them a certain number died of
exhaustion or of hunger; stragglers were systematically murdered.

The same crimes have been committed in 1943, 1944, and 1945 when the
occupants of the camps were withdrawn before the Allied advance;
particularly during the withdrawal of the prisoners of Sagan on 8
February 1945.

Bodily punishments were inflicted upon non-commissioned officers and
cadets who refused to work. On 24 December 1943, three French
non-commissioned officers were murdered for that motive in Stalag IV A.
Many ill-treatments were inflicted without motive on other ranks:
stabbing with bayonets, striking with riflebutts, and whipping; in
Stalag XX B the sick themselves were beaten many times by sentries; in
Stalag III B and Stalag III C, worn-out prisoners were murdered or
grievously wounded. In military jails in Graudenz for instance, in
reprisal camps as in Rava-Ruska, the food was so insufficient that the
men lost more than 15 kilograms in a few weeks. In May 1942, one loaf of
bread only was distributed in Rava-Ruska to each group of 35 men.

Orders were given to transfer French officers in chains to the camp of
Mauthausen after they had tried to escape. At their arrival in camp they
were murdered, either by shooting or by gas, and their bodies destroyed
in the crematorium.

American prisoners, officers and men, were murdered in Normandy during
the summer of 1944 and in the Ardennes in December 1944. American
prisoners were starved, beaten, and otherwise mistreated in numerous
Stalags in Germany and in the occupied countries, particularly in 1943,
1944, and 1945.

2. In the Eastern Countries:

At Orel prisoners of war were exterminated by starvation, shooting,
exposure, and poisoning.

Soviet prisoners of war were murdered en masse on orders from the High
Command and the Headquarters of the SIPO and SD. Tens of thousands of
Soviet prisoners of war were tortured and murdered at the “Gross
Lazaret” at Slavuta.

In addition, many thousands of the persons referred to in paragraph VIII
(A) 2, above, were Soviet prisoners of war.

Prisoners of war who escaped and were recaptured were handed over to
SIPO and SD for shooting.

Frenchmen fighting with the Soviet Army who were captured were handed
over to the Vichy Government for “proceedings”.

In March 1944, 50 R.A.F. officers who escaped from Stalag Luft III at
Sagan, when recaptured, were murdered.

In September 1941, 11,000 Polish officers who were prisoners of war were
killed in the Katyn Forest near Smolensk.

In Yugoslavia the German Command and the occupying authorities in the
person of the chief officials of the Police, the SS troops (Police
Lieutenant General Rosener) and the Divisional Group Command (General
Kübler and others) in the period 1941-43 ordered the shooting of
prisoners of war.

(D) KILLING OF HOSTAGES

Throughout the territories occupied by the German Armed Forces in the
course of waging aggressive wars, the defendants adopted and put into
effect on a wide scale the practice of taking, and of killing, hostages
from the civilian population. These acts were contrary to international
conventions, particularly Article 50 of the Hague Regulations, 1907, the
laws and customs of war, the general principles of criminal law as
derived from the criminal laws of all civilized nations, the internal
penal laws of the countries in which such crimes were committed, and to
Article 6 (b) of the Charter.

Particulars by way of example and without prejudice to the production of
evidence of other cases, are as follows:

1. In the Western Countries:

In France hostages were executed either individually or collectively;
these executions took place in all the big cities of France, among
others in Paris, Bordeaux, and Nantes, as well as at Châteaubriant.

In Holland many hundreds of hostages were shot at the following among
other places—Rotterdam, Apeldoorn, Amsterdam, Benschop, and Haarlem.

In Belgium many hundreds of hostages were shot during the period 1940 to
1944.

2. In the Eastern Countries:

At Kragnevatz in Yugoslavia 2,300 hostages were shot in October 1941.

At Kralevo in Yugoslavia 5,000 hostages were shot.

(E) PLUNDER OF PUBLIC AND PRIVATE PROPERTY

The defendants ruthlessly exploited the people and the material
resources of the countries they occupied, in order to strengthen the
Nazi war machine, to depopulate and impoverish the rest of Europe, to
enrich themselves and their adherents, and to promote German economic
supremacy over Europe.

The defendants engaged in the following acts and practices, among
others:

1. They degraded the standard of life of the people of occupied countries
and caused starvation, by stripping occupied countries of foodstuffs
for removal to Germany.
2. They seized raw materials and industrial machinery in all of the
occupied countries, removed them to Germany and used them in the
interest of the German war effort and the German economy.
3. In all the occupied countries, in varying degrees, they confiscated
businesses, plants, and other property.
4. In an attempt to give color of legality to illegal acquisitions of
property, they forced owners of property to go through the forms of
“voluntary” and “legal” transfers.
5. They established comprehensive controls over the economies of all of
the occupied countries and directed their resources, their production
and their labor in the interests of the German war economy, depriving
the local populations of the products of essential industries.
6. By a variety of financial mechanisms, they despoiled all of the
occupied countries of essential commodities and accumulated wealth,
debased the local currency systems and disrupted the local economies.
They financed extensive purchases in occupied countries through
clearing arrangements by which they exacted loans from the occupied
countries. They imposed occupation levies, exacted financial
contributions, and issued occupation currency, far in excess of
occupation costs. They used these excess funds to finance the purchase
of business properties and supplies in the occupied countries.
7. They abrogated the rights of the local populations in the occupied
portions of the U.S.S.R. and in Poland and in other countries to
develop or manage agricultural and industrial properties, and reserved
this area for exclusive settlement, development, and ownership by
Germans and their so-called racial brethren.
8. In further development of their plan of criminal exploitation, they
destroyed industrial cities, cultural monuments, scientific
institutions, and property of all types in the occupied territories to
eliminate the possibility of competition with Germany.
9. From their program of terror, slavery, spoliation, and organized
outrage, the Nazi conspirators created an instrument for the personal
profit and aggrandizement of themselves and their adherents. They
secured for themselves and their adherents:

(_a_) Positions in administration of business involving power, influence,
and lucrative perquisites.
(_b_) The use of cheap forced labor.
(_c_) The acquisition on advantageous terms of foreign properties,
business interests, and raw materials.
(_d_) The basis for the industrial supremacy of Germany.

These acts were contrary to international conventions, particularly
Articles 46 to 56 inclusive of the Hague Regulations, 1907, the laws and
customs of war, the general principles of criminal law as derived from
the criminal laws of all civilized nations, the internal penal laws of
the countries in which such crimes were committed and to Article 6 (_b_)
of the Charter.

Particulars (by way of example and without prejudice to the production
of evidence of other cases) are as follows:

1. Western Countries:

There was plundered from the Western Countries, from 1940 to 1944, works
of art, artistic objects, pictures, plastics, furniture, textiles,
antique pieces, and similar articles of enormous value to the number of
21,903.

In France statistics show the following:

_Removal of Raw Materials._

Coal 63,000,000 tons
Electric energy 20,976 Mkwh
Petrol and fuel 1,943,750 tons
Iron ore 74,848,000 ”
Siderurgical 3,822,000 ”
products
Bauxite 1,211,800 ”
Cement 5,984,000 ”
Lime 1,888,000 ”
Quarry products 25,872,000 ”

and various other products to a total value of 79,961,423,000 francs.

_Removal of Industrial Equipment._

Total: 9,759,861,000 francs, of which 2,626,479,000 francs of machine
tools.

_Removal of Agricultural Produce._

Total: 126,655,852,000 francs, i. e., for the principal products.

Wheat 2,947,337 tons
Oats 2,354,080 ”
Milk 790,000 hectolitres
” (concentrated and in
powder) 460,000 ”
Butter 76,000 tons
Cheese 49,000 ”
Potatoes 725,975 ”
Various vegetables 575,000 ”
Wine 7,647,000 hectolitres
Champagne 87,000,000 bottles
Beer 3,821,520 hectolitres
Various kinds of alcohol 1,830,000 ”

_Removal of Manufactured Products._

To a total of 184,640,000,000 francs.

_Plundering._

Francs: 257,020,024,000 from private enterprise.

Francs: 55,000,100,000 from the State.

_Financial Exploitation._

From June 1940 to September 1944 the French Treasury was compelled to
pay to Germany 631,866,000,000 francs.

_Looting and Destruction of Works of Art._

The museums of Nantes, Nancy, Old-Marseilles were looted.

Private collections of great value were stolen. In this way Raphaels,
Vermeers, Van Dycks, and works of Rubens, Holbein, Rembrandt, Watteau,
Boucher disappeared. Germany compelled France to deliver up “The Mystic
Lamb” by Van Eyck, which Belgium had entrusted to her.

In Norway and other occupied countries decrees were made by which the
property of many civilians, societies, etc., was confiscated. An immense
amount of property of every kind was plundered from France, Belgium,
Norway, Holland, and Luxembourg.

As a result of the economic plundering of Belgium between 1940 and 1944
the damage suffered amounted to 175 billions of Belgian francs.

2. Eastern Countries:

During the occupation of the Eastern Countries the German Government and
the German High Command carried out, as a systematic policy, a
continuous course of plunder and destruction including:

On the territory of the Soviet Union the Nazi conspirators destroyed or
severely damaged 1,710 cities and more than 70,000 villages and hamlets,
more than 6,000,000 buildings and made homeless about 25,000,000
persons.

Among the cities which suffered most destruction are Stalingrad,
Sevastopol, Kiev, Minsk, Odessa, Smolensk, Novgorod, Pskov, Orel,
Kharkov, Voronezh, Rostov-on-Don, Stalino, and Leningrad.

As is evident from an official memorandum of the German command, the
Nazi conspirators planned the complete annihilation of entire Soviet
cities. In a completely secret order of the Chief of the Naval Staff
(Staff Ia No. 1601/41, dated 29. IX. 1941) addressed only to Staff
officers, it was said:

“The Führer has decided to erase from the face of the earth St.
Petersburg. The existence of this large city will have no further
interest after Soviet Russia is destroyed. Finland has also said that
the existence of this city on her new border is not desirable from her
point of view. The original request of the Navy that docks, harbor, etc.
necessary for the fleet be preserved—is known to the Supreme Commander
of the Military Forces, but the basic principles of carrying out
operations against St. Petersburg do not make it possible to satisfy
this request.

“It is proposed to approach near to the city and to destroy it with the
aid of an artillery barrage from weapons of different calibers and with
long air attacks . . . .

“The problem of the life of the population and the provisioning of them
is a problem which cannot and must not be decided by us.

“In this war . . . we are not interested in preserving even a part of
the population of this large city.”

The Germans destroyed 427 museums, among them the wealthy museums of
Leningrad, Smolensk, Stalingrad, Novgorod, Poltava, and others.

In Pyatigorsk the art objects brought there from the Rostov museum were
seized.

The losses suffered by the coal mining industry alone in the Stalin
region amount to 2,000,000,000 rubles. There was colossal destruction of
industrial establishments in Makerevka, Carlovka, Yenakievo,
Konstantinovka, Mariupol, from which most of the machinery and factories
were removed.

Stealing of huge dimensions and the destruction of industrial, cultural,
and other property was typified in Kiev. More than 4,000,000 books,
magazines, and manuscripts (many of which were very valuable and even
unique) and a large number of artistic productions and valuables of
different kinds were stolen and carried away.

Many valuable art productions were taken away from Riga.

The extent of the plunder of cultural valuables is evidenced by the fact
that 100,000 valuable volumes and 70 cases of ancient periodicals and
precious monographs were carried away by ROSENBERG’S staff alone.

Among further examples of these crimes are:

Wanton devastation of the city of Novgorod and of many historical and
artistic monuments there. Wanton devastation and plunder of the city of
Rovno and of its province. The destruction of the industrial, cultural,
and other property in Odessa. The destruction of cities and villages in
Soviet Karelia. The destruction in Estonia of cultural, industrial, and
other buildings.

The destruction of medical and prophylactic institutes, the destruction
of agriculture and industry in Lithuania, the destruction of cities in
Latvia.

The Germans approached monuments of culture, dear to the Soviet people,
with special hatred. They broke up the estate of the poet Pushkin in
Mikhailovskoye, desecrating his grave, and destroying the neighboring
villages and the Svyatogor monastery.

They destroyed the estate and museum of Leo Tolstoy, “Yasnaya Polyana,”
and desecrated the grave of the great writer. They destroyed in Klin the
museum of Tchaikovsky and in Penaty, the museum of the painter Repin and
many others.

The Nazi conspirators destroyed 1,670 Greek Orthodox churches, 237 Roman
Catholic churches, 67 chapels, 532 synagogues, etc. They broke up,
desecrated, and senselessly destroyed also the most valuable monuments
of the Christian Church, such as Kievo-Pecherskaya Lavra, Novy Jerusalem
in the Istrin region, and the most ancient monasteries and churches.

Destruction in Estonia of cultural, industrial, and other premises:
burning down of many thousands of residential buildings; removal of
10,000 works of art; destruction of medical and prophylactic
institutions; plunder and removal to Germany of immense quantities of
agricultural stock including horses, cows, pigs, poultry, beehives, and
agricultural machines of all kinds.

Destruction of agriculture, enslavement of peasants, and looting of
stock and produce in Lithuania.

In the Latvian Republic destruction of the agriculture by the looting of
all stock, machinery, and produce.

The result of this policy of plunder and destruction was to lay waste
the land and cause utter desolation.

The overall value of the material loss which the U.S.S.R. has borne, is
computed to be 679,000,000,000 rubles, in state prices of 1941.

Following the occupation of Czechoslovakia on 15 March 1939 the
defendants seized and stole large stocks of raw materials, copper, tin,
iron, cotton, and food; caused to be taken to Germany large amounts of
railway rolling stock, and many engines, carriages, steam vessels, and
trolley buses; plundered libraries, laboratories, and art museums of
books, pictures, objects of art, scientific apparatus, and furniture;
stole all gold reserves and foreign exchange of Czechoslovakia,
including 23,000 kilograms of gold of a nominal value of £5,265,000;
fraudulently acquired control and thereafter looted the Czech banks and
many Czech industrial enterprises; and otherwise stole, looted, and
misappropriated Czechoslovak public and private property. The total sum
of defendants’ economic spoliation of Czechoslovakia from 1938 to 1945
is estimated at 200,000,000,000 Czechoslovak crowns.

(F) THE EXACTION OF COLLECTIVE PENALTIES

The Germans pursued a systematic policy of inflicting, in all the
occupied countries, collective penalties, pecuniary and otherwise, upon
the population for acts of individuals for which it could not be
regarded as collectively responsible; this was done at many places,
including Oslo, Stavanger, Trondheim, and Rogaland.

Similar instances occurred in France, among others in Dijon, Nantes, and
as regards the Jewish population in the occupied territories. The total
amount of fines imposed on French communities add up to 1,157,179,484
francs made up as follows:

A fine on the Jewish population 1,000,000,000
Various fines 157,179,484

These acts violated Article 50, Hague Regulations, 1907, the laws and
customs of war, the general principles of criminal law as derived from
the criminal laws of all civilized nations, the internal penal laws of
the countries in which such crimes were committed, and Article 6 (_b_)
of the Charter.

(G) WANTON DESTRUCTION OF CITIES, TOWNS, AND
VILLAGES AND DEVASTATION NOT JUSTIFIED BY
MILITARY NECESSITY

The defendants wantonly destroyed cities, towns, and villages and
committed other acts of devastation without military justification or
necessity. These acts violated Articles 46 and 50 of the Hague
Regulations, 1907, the laws and customs of war, the general principles
of criminal law as derived from the criminal laws of all civilized
nations, the internal penal laws of the countries in which such crimes
were committed, and Article 6 (_b_) of the Charter.

Particulars by way of example only and without prejudice to the
production of evidence of other cases are as follows:

1. Western Countries:

In March 1941, part of Lofoten in Norway was destroyed.

In April 1942, the town of Telerag in Norway was destroyed.

Entire villages were destroyed in France, among others
Oradour-sur-Glane, Saint-Nizier and, in the Vercors, La Mure, Vassieux,
La Chapelle en Vercors. The town of Saint Dié was burnt down and
destroyed. The Old Port District of Marseilles was dynamited in the
beginning of 1943 and resorts along the Atlantic and the Mediterranean
coasts, particularly the town of Sanary, were demolished.

In Holland there was most widespread and extensive destruction, not
justified by military necessity, including the destruction of harbors,
locks, dikes, and bridges: immense devastation was also caused by
inundations which equally were not justified by military necessity.

2. Eastern Countries:

In the Eastern Countries the defendants pursued a policy of wanton
destruction and devastation: some particulars of this (without prejudice
to the production of evidence of other cases) are set out above under
the heading “Plunder of Public and Private Property”.

In Greece the villages of Amelofito, Kliston, Kizonia, Messovunos,
Selli, Ano-Kerzilion, and Kato-Kerzilion were utterly destroyed.

In Yugoslavia on 15 August 1941, the German military command officially
announced that the village of Skela was burned to the ground and the
inhabitants killed on the order of the command.

On the order of the Field Commander Hoersterberg a punitive expedition
from the SS troops and the field police destroyed the villages of
Machkovats, and Kriva Reka in Serbia and all the inhabitants were
killed.

General Fritz Neidhold (369 Infantry Division) on 11 September 1944,
gave an order to destroy the villages of Zagniezde and Udora, hanging
all the men and driving away all the women and children.

In Czechoslovakia the Nazi conspirators also practiced the senseless
destruction of populated places. Lezaky and Lidice were burned to the
ground and the inhabitants killed.

(H) CONSCRIPTION OF CIVILIAN LABOR

Throughout the occupied territories the defendants conscripted and
forced the inhabitants to labor and requisitioned their services for
purposes other than meeting the needs of the armies of occupation and to
an extent far out of proportion to the resources of the countries
involved. All the civilians so conscripted were forced to work for the
German war effort. Civilians were required to register and many of those
who registered were forced to join the Todt Organization and the Speer
Legion, both of which were semi-military organizations involving some
military training. These acts violated Articles 46 and 52 of the Hague
Regulations, 1907, the laws and customs of war, the general principles
of criminal law as derived from the criminal laws of all civilized
nations, the internal penal laws of the countries in which such crimes
were committed, and Article 6 (b) of the Charter.

Particulars, by way of example only and without prejudice to the
production of evidence of other cases, are as follows:

1. Western Countries:

In France, from 1942 to 1944, 963,813 persons were compelled to work in
Germany and 737,000 to work in France for the German Army.

In Luxembourg in 1944 alone, 2,500 men and 500 girls were conscripted
for forced labor.

2. Eastern Countries:

Of the large number of citizens of the Soviet Union and of
Czechoslovakia referred to under Count Three VIII (B) 2 above many were
so conscripted for forced labor.

(I) FORCING CIVILIANS OF OCCUPIED TERRITORIES TO
SWEAR ALLEGIANCE TO A HOSTILE POWER

Civilians who joined the Speer Legion, as set forth in paragraph (H)
above, were required, under threat of depriving them of food, money, and
identity papers, to swear a solemn oath acknowledging unconditional
obedience to Adolf Hitler, the Führer of Germany, which was to them a
hostile power.

In Lorraine, civil servants were obliged, in order to retain their
positions, to sign a declaration by which they acknowledged the “return
of their country to the Reich”, pledged themselves to obey without
reservation the orders of their chiefs and put themselves “at the active
service of the Führer and the Great National Socialist Germany”.

A similar pledge was imposed on Alsatian civil servants by threat of
deportation or internment.

These acts violated Article 45 of the Hague Regulations, 1907, the laws
and customs of war, the general principles of international law, and
Article 6 (_b_) of the Charter.

(J) GERMANIZATION OF OCCUPIED TERRITORIES

In certain occupied territories purportedly annexed to Germany the
defendants methodically and pursuant to plan endeavored to assimilate
those territories politically, culturally, socially, and economically
into the German Reich. The defendants endeavored to obliterate the
former national character of these territories. In pursuance of these
plans and endeavors, the defendants forcibly deported inhabitants who
were predominantly non-German and introduced thousands of German
colonists.

This plan included economic domination, physical conquest, installation
of puppet governments, purported de jure annexation and enforced
conscription into the German Armed Forces.

This was carried out in most of the occupied countries including:
Norway, France (particularly in the Departments of Upper Rhine, Lower
Rhine, Moselle, Ardennes, Aisne, Nord, Meurthe and Moselle), Luxembourg,
the Soviet Union, Denmark, Belgium, and Holland.

In France in the Departments of Aisne, Nord, Meurthe and Moselle, and
especially in that of Ardennes, rural properties were seized by a German
state organization which tried to have them exploited under German
direction; the landowners of these exploitations were dispossessed and
turned into agricultural laborers.

In the Department of Upper Rhine, Lower Rhine, and Moselle, the methods
of Germanization were those of annexation followed by conscription.

1. From the month of August 1940, officials who refused to take the oath
of allegiance to the Reich were expelled. On 21 September expulsions and
deportation of populations began and on 22 November 1940, more than
70,000 Lorrainers or Alsatians were driven into the south zone of
France. From 31 July 1941 onwards, more than 100,000 persons were
deported into the eastern regions of the Reich or to Poland. All the
property of the deportees or expelled persons was confiscated. At the
same time, 80,000 Germans coming from the Saar or from Westphalia were
installed in Lorraine and 2,000 farms belonging to French people were
transferred to Germans.

2. From 2 January 1942, all the young people of the Departments of Upper
Rhine and Lower Rhine, aged from 10 to 18 years, were incorporated in
the Hitler Youth. The same thing was done in Moselle from 4 August 1942.
From 1940 all the French schools were closed, their staffs expelled, and
the German school system was introduced in the three Departments.

3. On the 28 September 1940, an order applicable to the Department of
Moselle ordained the Germanization of all the surnames and Christian
names which were French in form. The same thing was done from 15 January
1943, in the Departments of Upper Rhine and Lower Rhine.

4. Two orders from 23 to 24 August 1942 imposed by force German
nationality on French citizens.

5. On 8 May 1941, for Upper Rhine and Lower Rhine, 23 April 1941, for
Moselle, orders were promulgated enforcing compulsory labor service on
all French citizens of either sex aged from 17 to 25 years. From 1
January 1942 for young men and from 26 January 1942 for young girls,
national labor service was effectively organized in Moselle. It was from
27 August 1942 in Upper Rhine and in Lower Rhine for young men only. The
classes 1940, 1941, 1942 were called up.

6. These classes were retained in the Wehrmacht on the expiration of
their time and labor service. On 19 August 1942, an order instituted
compulsory military service in Moselle. On 25 August 1942, the classes
1940-44 were called up in three departments. Conscription was enforced
by the German authorities in conformity with the provisions of German
legislation. The first revision boards took place from 3 September 1942.
Later in Upper Rhine and Lower Rhine new levies were effected everywhere
on classes 1928 to 1939 inclusive. The French people who refused to obey
these laws were considered as deserters and their families were
deported, while their property was confiscated.

These acts violated Articles 43, 46, 55, and 56 of the Hague
Regulations, 1907, the laws and customs of war, the general principles
of criminal law as derived from the criminal laws of all civilized
nations, the internal penal laws of the countries in which such crimes
were committed, and Article 6 (_b_) of the Charter.

IX. Individual, group, and organization responsibility for the offense
stated In Count Three

Reference is hereby made to Appendix A of this Indictment for a
statement of the responsibility of the individual defendants for the
offense set forth in this Count Three of the Indictment. Reference is
hereby made to Appendix B of this Indictment for a statement of the
responsibility of the groups and organizations named herein as criminal
groups and organizations for the offense set forth in this Count Three
of the Indictment.

COUNT FOUR—CRIMES AGAINST HUMANITY

(_Charter, Article 6, especially 6 (c)_)
X. Statement of the Offense

All the defendants committed Crimes against Humanity during a period of
years preceding 8 May 1945 in Germany and in all those countries and
territories occupied by the German armed forces since 1 September 1939
and in Austria and Czechoslovakia and in Italy and on the High Seas.

All the defendants, acting in concert with others, formulated and
executed a common plan or conspiracy to commit Crimes against Humanity
as defined in Article 6 (_c_) of the Charter. This plan involved, among
other things, the murder and persecution of all who were or who were
suspected of being hostile to the Nazi Party and all who were or who
were suspected of being opposed to the common plan alleged in Count One.

The said Crimes against Humanity were committed by the defendants and by
other persons for whose acts the defendants are responsible (under
Article 6 of the Charter) as such other persons, when committing the
said War Crimes, performed their acts in execution of a common plan and
conspiracy to commit the said War Crimes, in the formulation and
execution of which plan and conspiracy all the defendants participated
as leaders, organizers, instigators, and accomplices.

These methods and crimes constituted violations of international
conventions, of internal penal laws, of the general principles of
criminal law as derived from the criminal law of all civilized nations
and were involved in and part of a systematic course of conduct. The
said acts were contrary to Article 6 of the Charter.

The Prosecution will rely upon the facts pleaded under Count Three as
also constituting Crimes against Humanity.

(A) MURDER, EXTERMINATION, ENSLAVEMENT, DEPORTATION,
AND OTHER INHUMANE ACTS COMMITTED
AGAINST CIVILIAN POPULATIONS BEFORE AND DURING
THE WAR

For the purposes set out above, the defendants adopted a policy of
persecution, repression, and extermination of all civilians in Germany
who were, or who were believed to be, or who were believed likely to
become, hostile to the Nazi Government and the common plan or conspiracy
described in Count One. They imprisoned such persons without judicial
process, holding them in “protective custody” and concentration camps,
and subjected them to persecution, degradation, despoilment,
enslavement, torture, and murder.

Special courts were established to carry out the will of the
conspirators; favored branches or agencies of the State and Party were
permitted to operate outside the range even of nazified law and to crush
all tendencies and elements which were considered “undesirable”. The
various concentration camps included Buchenwald, which was established
in 1933, and Dachau, which was established in 1934. At these and other
camps the civilians were put to slave labor, and murdered and
ill-treated by divers means, including those set out in Count Three
above, and these acts and policies were continued and extended to the
occupied countries after 1 September 1939, and until 8 May 1945.

(B) PERSECUTION ON POLITICAL, RACIAL, AND RELIGIOUS
GROUNDS IN EXECUTION OF AND IN CONNECTION WITH THE
COMMON PLAN MENTIONED IN COUNT ONE

As above stated, in execution of and in connection with the common plan
mentioned in Count One, opponents of the German Government were
exterminated and persecuted. These persecutions were directed against
Jews. They were also directed against persons whose political belief or
spiritual aspirations were deemed to be in conflict with the aims of the
Nazis.

Jews were systematically persecuted since 1933; they were deprived of
their liberty, thrown into concentration camps where they were murdered
and ill-treated. Their property was confiscated. Hundreds of thousands
of Jews were so treated before 1 September 1939.

Since 1 September 1939, the persecution of the Jews was redoubled:
millions of Jews from Germany and from the occupied Western Countries
were sent to the Eastern Countries for extermination.

Particulars by way of example and without prejudice to the production of
evidence of other cases are as follows:

The Nazis murdered amongst others Chancellor Dollfuss, the Social
Democrat Breitscheid, and the Communist Thälmann. They imprisoned in
concentration camps numerous political and religious personages, for
example Chancellor Schuschnigg and Pastor Niemöller.

In November 1938, by orders of the Chief of the Gestapo, anti-Jewish
demonstrations all over Germany took place. Jewish property was
destroyed, 30,000 Jews were arrested and sent to concentration camps and
their property confiscated.

Under paragraph VIII (A), above, millions of the persons there mentioned
as having been murdered and ill-treated were Jews.

Among other mass murders of Jews were the following:

At Kislovdosk all Jews were made to give up their property: 2,000 were
shot in an anti-tank ditch at Mineraliye Vodi: 4,300 other Jews were
shot in the same ditch.

60,000 Jews were shot on an island on the Dvina near Riga.

20,000 Jews were shot at Lutsk.

32,000 Jews were shot at Sarny.

60,000 Jews were shot at Kiev and Dniepropetrovsk.

Thousands of Jews were gassed weekly by means of gas-wagons which broke
down from overwork.

As the Germans retreated before the Soviet Army they exterminated Jews
rather than allow them to be liberated. Many concentration camps and
ghettos were set up in which Jews were incarcerated and tortured,
starved, subjected to merciless atrocities, and finally exterminated.

About 70,000 Jews were exterminated in Yugoslavia.

XI. Individual, Group and Organization Responsibility for the Offense
Stated in Count Four

Reference is hereby made to Appendix A of this Indictment for a
statement of the responsibility of the individual defendants for the
offense set forth in this Count Four of the Indictment. Reference is
hereby made to Appendix B of this Indictment for a statement of the
responsibility of the groups and organizations named herein as criminal
groups and organizations for the offense set forth in this Count Four of
the Indictment.

Wherefore, this Indictment is lodged with the Tribunal in English,
French, and Russian, each text having equal authenticity, and the
charges herein made against the above named defendants are hereby
presented to the Tribunal.

/s/ ROBERT H. JACKSON.
_Acting on Behalf of the United
States of America._

/s/ FRANÇOIS DE MENTHON.
_Acting on Behalf of the French
Republic._

/s/ HARTLEY SHAWCROSS.
_Acting on Behalf of the United
Kingdom of Great Britain and
Northern Ireland._

/s/ R. RUDENKO.
_Acting on Behalf of the Union of
Soviet Socialist Republics._

Berlin, 6 October 1945.

APPENDIX A
_Statement of Individual Responsibility for Crimes Set Out in
Counts One, Two, Three, and Four_

The statements hereinafter set forth following the name of each
individual defendant constitute matters upon which the prosecution will
rely _inter alia_ as establishing the individual responsibility of the
defendant according to Article 6 of the Charter of the Tribunal.

GÖRING:

The Defendant GÖRING between 1932 and 1945 was: A member of the Nazi
Party, Supreme Leader of the SA, General in the SS, a member and
President of the Reichstag, Minister of the Interior of Prussia, Chief
of the Prussian Police and Prussian Secret State Police, Chief of the
Prussian State Council, Trustee of the Four Year Plan, Reich Minister
for Air, Commander-in-Chief of the Air Force, President of the Council
of Ministers for the Defense of the Reich, member of the Secret Cabinet
Council, head of the Hermann Göring Industrial Combine, and Successor
Designate to Hitler. The Defendant GÖRING used the foregoing positions,
his personal influence, and his intimate connection with the Führer in
such a manner that: He promoted the accession to power of the Nazi
conspirators and the consolidation of their control over Germany set
forth in Count One of the Indictment; he promoted the military and
economic preparation for war set forth in Count One of the Indictment;
he participated in the planning and preparation of the Nazi conspirators
for Wars of Aggression and Wars in Violation of International Treaties,
Agreements, and Assurances set forth in Counts One and Two of the
Indictment; and he authorized, directed, and participated in the War
Crimes set forth in Count Three of the Indictment, and the Crimes
against Humanity set forth in Count Four of the Indictment, including a
wide variety of crimes against persons and property.

RIBBENTROP:

The Defendant RIBBENTROP between 1932 and 1945 was: A member of the Nazi
Party, a member of the Nazi Reichstag, Advisor to the Führer on matters
of foreign policy, representative of the Nazi Party for matters of
foreign policy, special German delegate for disarmament questions,
Ambassador Extraordinary, Ambassador in London, organizer and director
of Dienststelle Ribbentrop, Reich Minister for Foreign Affairs, member
of the Secret Cabinet Council, member of the Führer’s political staff at
general headquarters, and General in the SS. The Defendant RIBBENTROP
used the foregoing positions, his personal influence, and his intimate
connection with the Führer in such a manner that: He promoted the
accession to power of the Nazi conspirators as set forth in Count One of
the Indictment; he promoted the preparations for war set forth in Count
One of the Indictment; he participated in the political planning and
preparation of the Nazi conspirators for Wars of Aggression and Wars in
Violation of International Treaties, Agreements, and Assurances as set
forth in Counts One and Two of the Indictment; in accordance with the
Führer Principle he executed and assumed responsibility for the
execution of the foreign policy plans of the Nazi conspirators set forth
in Count One of the Indictment; and he authorized, directed, and
participated in the War Crimes set forth in Count Three of the
Indictment, and the Crimes against Humanity set forth in Count Four of
the Indictment, including more particularly the crimes against persons
and property in occupied territories.

HESS:

The Defendant HESS between 1921 and 1941 was: A member of the Nazi
Party, Deputy to the Führer, Reich Minister without Portfolio, member of
the Reichstag, member of the Council of Ministers for the Defense of the
Reich, member of the Secret Cabinet Council, Successor Designate to the
Führer after the Defendant Göring, a General in the SS and a General in
the SA. The Defendant HESS used the foregoing positions, his personal
influence, and his intimate connection with the Führer in such a manner
that: He promoted the accession to power of the Nazi conspirators and
the consolidation of their control over Germany set forth in Count One
of the Indictment; he promoted the military, economic, and psychological
preparations for war set forth in Count One of the Indictment; he
participated in the political planning and preparation for Wars of
Aggression and Wars in Violation of International Treaties, Agreements,
and Assurances set forth in Counts One and Two of the Indictment; he
participated in the preparation and planning of foreign policy plans of
the Nazi conspirators set forth in Count One of the Indictment; he
authorized, directed and participated in the War Crimes set forth in
Count Three of the Indictment and the Crimes against Humanity set forth
in Count Four of the Indictment, including a wide variety of crimes
against persons and property.

KALTENBRUNNER:

The Defendant KALTENBRUNNER between 1932 and 1945 was: A member of the
Nazi Party, a General in the SS, a member of the Reichstag, a General of
the Police, State Secretary for Security in Austria in charge of the
Austrian Police, Police Leader of Vienna, Lower and Upper Austria, Head
of the Reich Main Security Office, and Chief of the Security Police and
Security Service. The Defendant KALTENBRUNNER used the foregoing
positions and his personal influence in such a manner that: He promoted
the consolidation of control over Austria seized by the Nazi
conspirators as set forth in Count One of the Indictment; and he
authorized, directed, and participated in the War Crimes set forth in
Count Three of the Indictment and the Crimes against Humanity set forth
in Count Four of the Indictment, including particularly the Crimes
against Humanity involved in the system of concentration camps.

ROSENBERG:

The Defendant ROSENBERG between 1920 and 1945 was: A member of the Nazi
Party, Nazi member of the Reichstag, Reichsleiter in the Nazi Party for
Ideology and Foreign Policy, the editor of the Nazi newspaper
_Völkischer Beobachter_ and of the _NS Monatshefte_, head of the Foreign
Political Office of the Nazi Party, Special Delegate for the entire
Spiritual and Ideological Training of the Nazi Party, Reich Minister for
the Eastern Occupied Territories, organizer of the “Einsatzstab
Rosenberg”, a General in the SS and a General in the SA. The Defendant
ROSENBERG used the foregoing positions, his personal influence, and his
intimate connection with the Führer in such a manner that: He developed,
disseminated, and exploited the doctrinal techniques of the Nazi
conspirators set forth in Count One of the Indictment; he promoted the
accession to power of the Nazi conspirators and the consolidation of
their control over Germany set forth in Count One of the Indictment; he
promoted the psychological preparations for war set forth in Count One
of the Indictment; he participated in the political planning and
preparation for Wars of Aggression and Wars in Violation of
International Treaties, Agreements, and Assurances set forth in Counts
One and Two of the Indictment; and he authorized, directed, and
participated in the War Crimes set forth in Count Three of the
Indictment and the Crimes against Humanity set forth in Count Four of
the Indictment, including a wide variety of crimes against persons and
property.

FRANK:

The Defendant FRANK between 1932 and 1945 was: A member of the Nazi
Party, a General in the SS, a member of the Reichstag, Reich Minister
without Portfolio, Reich Commissar for the Coordination of Justice,
President of the International Chamber of Law and Academy of German Law,
Chief of the Civil Administration of Lodz, Supreme Administrative Chief
of the military district of West Prussia, Poznan, Lodz and Krakow, and
Governor General of the occupied Polish territories. The Defendant FRANK
used the foregoing positions, his personal influence, and his intimate
connection with the Führer in such a manner that: He promoted the
accession to power of the Nazi conspirators and the consolidation of
their control over Germany set forth in Count One of the Indictment; he
authorized, directed, and participated in the War Crimes set forth in
Count Three of the Indictment and the Crimes against Humanity set forth
in Count Four of the Indictment, including particularly the War Crimes
and Crimes against Humanity involved in the administration of occupied
territories.

BORMANN:

The Defendant BORMANN between 1925 and 1945 was: A member of the Nazi
Party, member of the Reichstag, a member of the Staff of the Supreme
Command of the SA, founder and head of “Hilfskasse der NSDAP”,
Reichsleiter, Chief of Staff Office of the Führer’s Deputy, head of the
Party Chancery, Secretary of the Führer, member of the Council of
Ministers for the Defense of the Reich, organizer and head of the
Volkssturm, a General in the SS and a General in the SA. The Defendant
BORMANN used the foregoing positions, his personal influence, and his
intimate connection with the Führer in such a manner that: He promoted
the accession to power of the Nazi conspirators and the consolidation of
their control over Germany set forth in Count One of the Indictment; he
promoted the preparations for war set forth in Count One of the
Indictment; and he authorized, directed, and participated in the War
Crimes set forth in Count Three of the Indictment and the Crimes against
Humanity set forth in Count Four of the Indictment, including a wide
variety of crimes against persons and property.

FRICK:

The Defendant FRICK between 1932 and 1945 was: A member of the Nazi
Party, Reichsleiter, General in the SS, member of the Reichstag, Reich
Minister of the Interior, Prussian Minister of the Interior, Reich
Director of Elections, General Plenipotentiary for the Administration of
the Reich, head of the Central Office for the Reunification of Austria
and the German Reich, Director of the Central Office for the
Incorporation of Sudetenland, Memel, Danzig, the eastern incorporated
territories, Eupen, Malmedy, and Moresnet, Director of the Central
Office for the Protectorate of Bohemia and Moravia, the Governor General
of Lower Styria, Upper Carinthia, Norway, Alsace, Lorraine and all other
occupied territories and Reich Protector for Bohemia and Moravia. The
Defendant FRICK used the foregoing positions, his personal influence,
and his intimate connection with the Führer in such a manner that: He
promoted the accession to power of the Nazi conspirators and the
consolidation of their control over Germany set forth in Count One of
the Indictment; he participated in the planning and preparation of the
Nazi conspirators for Wars of Aggression and Wars in Violation of
International Treaties, Agreements, and Assurances set forth in Count
One and Two of the Indictment; and he authorized, directed, and
participated in the War Crimes set forth in Count Three of the
Indictment and the Crimes against Humanity set forth in Count Four of
the Indictment, including more particularly the crimes against persons
and property in occupied territories.

LEY:

The Defendant LEY between 1932 and 1945 was: A member of the Nazi Party,
Reichsleiter, Nazi Party Organization Manager, member of the Reichstag,
leader of the German Labor Front, a General in the SA, and Joint
Organizer of the Central Inspection for the Care of Foreign Workers. The
Defendant LEY used the foregoing positions, his personal influence, and
his intimate connection with the Führer in such a manner that: He
promoted the accession to power of the Nazi conspirators and the
consolidation of their control over Germany as set forth in Count One of
the Indictment; he promoted the preparation for war set forth in Count
One of the Indictment; he authorized, directed, and participated in the
War Crimes set forth in Count Three of the Indictment, and in the Crimes
against Humanity set forth in Count Four of the Indictment, including
particularly the War Crimes and Crimes against Humanity relating to the
abuse of human beings for labor in the conduct of the aggressive wars.

SAUCKEL:

The Defendant SAUCKEL between 1921 and 1945 was: A member of the Nazi
Party, Gauleiter and Reichsstatthalter of Thuringia, a member of the
Reichstag, General Plenipotentiary for the Employment of Labor under the
Four Year Plan, Joint Organizer with the Defendant Ley of the Central
Inspection for the Care of Foreign Workers, a General in the SS and a
General in the SA. The Defendant SAUCKEL used the foregoing positions
and his personal influence in such a manner that: He promoted the
accession to power of the Nazi conspirators set forth in Count One of
the Indictment; he participated in the economic preparations for Wars of
Aggression and Wars in Violation of Treaties, Agreements, and Assurances
set forth in Counts One and Two of the Indictment; he authorized,
directed, and participated in the War Crimes set forth in Count Three of
the Indictment and the Crimes against Humanity set forth in Count Four
of the Indictment, including particularly the War Crimes and Crimes
against Humanity involved in forcing the inhabitants of occupied
countries to work as slave laborers in occupied countries and in
Germany.

SPEER:

The Defendant SPEER between 1932 and 1945 was: A member of the Nazi
Party, Reichsleiter, member of the Reichstag, Reich Minister for
Armament and Munitions, Chief of the Organization Todt, General
Plenipotentiary for Armaments in the Office of the Four Year Plan, and
Chairman of the Armaments Council. The Defendant SPEER used the
foregoing positions and his personal influence in such a manner that: He
participated in the military and economic planning and preparation of
the Nazi conspirators for Wars of Aggression and Wars in Violation of
International Treaties, Agreements, and Assurances set forth in Counts
One and Two of the Indictment; and he authorized, directed, and
participated in the War Crimes set forth in Count Three of the
Indictment and the Crimes against Humanity set forth in Count Four of
the Indictment, including more particularly the abuse and exploitation
of human beings for forced labor in the conduct of aggressive war.

FUNK:

The Defendant FUNK between 1932 and 1945 was: A member of the Nazi
Party, Economic Adviser of Hitler, National Socialist Deputy to the
Reichstag, Press Chief of the Reich Government, State Secretary of the
Reich Ministry of Public Enlightenment and Propaganda, Reich Minister of
Economics, Prussian Minister of Economics, President of the German
Reichsbank, Plenipotentiary for Economy, and member of the Ministerial
Council for the Defense of the Reich. The Defendant FUNK used the
foregoing positions, his personal influence, and his close connection
with the Führer in such a manner that: He promoted the accession to
power of the Nazi conspirators and the consolidation of their control
over Germany set forth in Count One of the Indictment; he promoted the
preparations for war set forth in Count One of the Indictment; he
participated in the military and economic planning and preparation of
the Nazi conspirators for Wars of Aggression and Wars in Violation of
International Treaties, Agreements, and Assurances set forth in Counts
One and Two of the Indictment; and he authorized, directed, and
participated in the War Crimes set forth in Count Three of the
Indictment and the Crimes against Humanity set forth in Count Four of
the Indictment, including more particularly crimes against persons and
property in connection with the economic exploitation of occupied
territories.

SCHACHT:

The Defendant SCHACHT between 1932 and 1945 was: A member of the Nazi
Party, a member of the Reichstag, Reich Minister of Economics, Reich
Minister without Portfolio and President of the German Reichsbank. The
Defendant SCHACHT used the foregoing positions, his personal influence,
and his connection with the Führer in such a manner that: He promoted
the accession to power of the Nazi conspirators and the consolidation of
their control over Germany set forth in Count One of the Indictment; he
promoted the preparations for war set forth in Count One of the
Indictment; and he participated in the military and economic plans and
preparation of the Nazi conspirators for Wars of Aggression, and Wars in
Violation of International Treaties, Agreements, and Assurances set
forth in Counts One and Two of the Indictment.

PAPEN:

The Defendant PAPEN between 1932 and 1945 was: A member of the Nazi
Party, a member of the Reichstag, Reich Chancellor, Vice Chancellor
under Hitler, special Plenipotentiary for the Saar, negotiator of the
Concordat with the Vatican, Ambassador in Vienna and Ambassador in
Turkey. The Defendant PAPEN used the foregoing positions, his personal
influence, and his close connection with the Führer in such manner that:
He promoted the accession to power of the Nazi conspirators and
participated in the consolidation of their control over Germany set
forth in Count One of the Indictment; he promoted the preparations for
war set forth in Count One of the Indictment; and he participated in the
political planning and preparation of the Nazi conspirators for Wars of
Aggression and Wars in Violation of International Treaties, Agreements,
and Assurances set forth in Counts One and Two of the Indictment.

KRUPP:

The Defendant KRUPP was between 1932 and 1945: Head of Friedrich KRUPP
A.G., a member of the General Economic Council, President of the Reich
Union of German Industry, and head of the Group for Mining and
Production of Iron and Metals under the Reich Ministry of Economics. The
Defendant KRUPP used the foregoing positions, his personal influence,
and his connection with the Führer in such a manner that: He promoted
the accession to power of the Nazi conspirators and the consolidation of
their control over Germany set forth in Count One of the Indictment; he
promoted the preparation for war set forth in Count One of the
Indictment; he participated in the military and economic planning and
preparation of the Nazi conspirators for Wars of Aggression and Wars in
Violation of International Treaties, Agreements, and Assurances set
forth in Counts One and Two of the Indictment; and he authorized,
directed, and participated in the War Crimes set forth in Count Three of
the Indictment and the Crimes against Humanity set forth in Count Four
of the Indictment, including more particularly the exploitation and
abuse of human beings for labor in the conduct of aggressive wars.

NEURATH:

The Defendant NEURATH between 1932 and 1945 was: A member of the Nazi
Party, a General in the SS, a member of the Reichstag, Reich Minister,
Reich Minister of Foreign Affairs, President of the Secret Cabinet
Council, and Reich Protector for Bohemia and Moravia. The Defendant
NEURATH used the foregoing positions, his personal influence, and his
close connection with the Führer in such a manner that: He promoted the
accession to power of the Nazi conspirators set forth in Count One of
the Indictment; he promoted the preparations for war set forth in Count
One of the Indictment; he participated in the political planning and
preparation of the Nazi conspirators for Wars of Aggression and Wars in
Violation of International Treaties, Agreements, and Assurances set
forth in Counts One and Two of the Indictment; in accordance with the
Führer Principle he executed, and assumed responsibility for the
execution of the foreign policy plans of the Nazi conspirators set forth
in Count One of the Indictment; and he authorized, directed, and
participated in the War Crimes set forth in Count Three of the
Indictment and the Crimes against Humanity set forth in Count Four of
the Indictment, including particularly the crimes against persons and
property in the occupied territories.

SCHIRACH:

The Defendant SCHIRACH between 1924 and 1945 was: A member of the Nazi
Party, a member of the Reichstag, Reich Youth Leader on the Staff of the
SA Supreme Command, Reichsleiter in the Nazi Party for Youth Education,
Leader of Youth of the German Reich, head of the Hitler Jugend, Reich
Defense Commissioner and Reichsstatthalter and Gauleiter of Vienna. The
Defendant SCHIRACH used the foregoing positions, his personal influence,
and his intimate connection with the Führer in such a manner that: He
promoted the accession to power of the Nazi conspirators and the
consolidation of their control over Germany set forth in Count One of
the Indictment; he promoted the psychological and educational
preparations for war and the militarization of Nazi dominated
organizations set forth in Count One of the Indictment; and he
authorized, directed, and participated in the Crimes against Humanity
set forth in Count Four of the Indictment, including, particularly,
anti-Jewish measures.

SEYSS-INQUART:

The Defendant SEYSS-INQUART between 1932 and 1945 was: A member of the
Nazi Party, a General in the SS, State Councillor of Austria, Minister
of the Interior and Security of Austria, Chancellor of Austria, a member
of the Reichstag, a member of the Reich Cabinet, Reich Minister without
Portfolio, Chief of the Civil Administration in South Poland, Deputy
Governor-General of the Polish Occupied Territory, and Reich Commissar
for the Occupied Netherlands. The Defendant SEYSS-INQUART used the
foregoing positions and his personal influence in such a manner that: He
promoted the seizure and the consolidation of control over Austria by
the Nazi conspirators set forth in Count One of the Indictment; he
participated in the political planning and preparation of the Nazi
conspirators for Wars of Aggression and Wars in Violation of
International Treaties, Agreements, and Assurances set forth in Counts
One and Two of the Indictment; and he authorized, directed, and
participated in the War Crimes set forth in Count Three of the
Indictment and the Crimes against Humanity set forth in Count Four of
the Indictment, including a wide variety of crimes against persons and
property.

STREICHER:

The Defendant STREICHER between 1932 and 1945 was: A member of the Nazi
Party, a member of the Reichstag, a General in the SA, Gauleiter of
Franconia, editor-in-chief of the anti-Semitic newspaper _Der Stürmer_.
The Defendant STREICHER used the foregoing positions, his personal
influence, and his close connection with the Führer in such a manner
that: He promoted the accession to power of the Nazi conspirators and
the consolidation of their control over Germany set forth in Count One
of the Indictment: he authorized, directed, and participated in the
Crimes against Humanity set forth in Count Four of the Indictment,
including particularly the incitement of the persecution of the Jews set
forth in Count One and Count Four of the Indictment.

KEITEL:

The Defendant KEITEL between 1938 and 1945 was: Chief of the High
Command of the German Armed Forces, member of the Secret Cabinet
Council, member of the Council of Ministers for the Defense of the
Reich, and Field Marshal. The Defendant KEITEL used the foregoing
positions, his personal influence, and his intimate connection with the
Führer in such a manner that: He promoted the military preparations for
war set forth in Count One of the Indictment; he participated in the
political planning and preparation of the Nazi conspirators for Wars of
Aggression and Wars in Violation of International Treaties, Agreements,
and Assurances set forth in Counts One and Two of the Indictment; he
executed and assumed responsibility for the execution of the plans of
the Nazi conspirators for Wars of Aggression and Wars in Violation of
International Treaties, Agreements, and Assurances set forth in Counts
One and Two of the Indictment; he authorized, directed, and participated
in the War Crimes set forth in Count Three of the Indictment and the
Crimes against Humanity set forth in Count Four of the Indictment,
including particularly the War Crimes and Crimes against Humanity
involved in the ill-treatment of prisoners of war and of the civilian
population of occupied territories.

JODL:

The Defendant JODL between 1932 and 1945 was: Lt. Colonel, Army
Operations Department of the Wehrmacht, Colonel, Chief of OKW Operations
Department, Major-General, Chief of Staff OKW and Colonel-General. The
Defendant JODL used the foregoing positions, his personal influence, and
his close connection with the Führer in such a manner that: He promoted
the accession to power of the Nazi conspirators and the consolidation of
their control over Germany set forth in Count One of the Indictment; he
promoted the preparations for war set forth in Count One of the
Indictment; he participated in the military planning and preparation of
the Nazi conspirators for Wars of Aggression and Wars in Violation of
International Treaties, Agreements, and Assurances set forth in Counts
One and Two of the Indictment; and he authorized, directed, and
participated in the War Crimes set forth in Count Three of the
Indictment and the Crimes against Humanity set forth in Count Four of
the Indictment, including a wide variety of crimes against persons and
property.

RAEDER:

The Defendant RAEDER between 1928 and 1945 was: Commander-in-Chief of
the German Navy, Generaladmiral, Grossadmiral, Admiralinspekteur of the
German Navy, and a member of the Secret Cabinet Council. The Defendant
RAEDER used the foregoing positions and his personal influence in such a
manner that: He promoted the preparations for war set forth in Count One
of the Indictment; he participated in the political planning and
preparation of the Nazi conspirators for Wars of Aggression and Wars in
Violation of International Treaties, Agreements, and Assurances set
forth in Counts One and Two of the Indictment; he executed, and assumed
responsibility for the execution of the plans of the Nazi conspirators
for Wars of Aggression and Wars in Violation of International Treaties,
Agreements, and Assurances set forth in Counts One and Two of the
Indictment; and he authorized, directed, and participated in the war
crimes set forth in Count Three of the Indictment, including
particularly war crimes arising out of sea warfare.

DÖNITZ:

The Defendant DÖNITZ between 1932 and 1945 was: Commanding Officer of
the Weddigen U-boat flotilla, Commander-in-Chief of the U-boat arm,
Vice-Admiral, Admiral, Grossadmiral and Commander-in-Chief of the German
Navy, Advisor to Hitler, and Successor to Hitler as head of the German
Government. The Defendant DÖNITZ used the foregoing positions, his
personal influence, and his intimate connection with the Führer in such
a manner that: He promoted the preparations for war set forth in Count
One of the Indictment; he participated in the military planning and
preparation of the Nazi conspirators for Wars of Aggression and Wars in
Violation of International Treaties, Agreements, and Assurances set
forth in Counts One and Two of the Indictment; and he authorized,
directed, and participated in the War Crimes set forth in Count Three of
the Indictment, including particularly the crimes against persons and
property on the High Seas.

FRITZSCHE:

The Defendant FRITZSCHE between 1933 and 1945 was: A member of the Nazi
Party, editor-in-chief of the official German news agency, “Deutsche
Nachrichten Büro”, head of the Wireless News Service and of the Home
Press Division of the Reich Ministry of Propaganda, Ministerialdirektor
of the Reich Ministry of Propaganda, head of the Radio Division of the
Propaganda Department of the Nazi Party, and Plenipotentiary for the
Political Organization of the Greater German Radio. The Defendant
FRITZSCHE used the foregoing positions and his personal influence to
disseminate and exploit the principal doctrines of the Nazi conspirators
set forth in Count One of the Indictment, and to advocate, encourage and
incite the commission of the War Crimes set forth in Count Three of the
Indictment and the Crimes against Humanity set forth in Count Four of
the Indictment including, particularly, anti-Jewish measures and the
ruthless exploitation of occupied territories.

APPENDIX B
_Statement of Criminality of Groups and Organizations_

The statements hereinafter set forth, following the name of each group
or organization named in the Indictment as one which should be declared
criminal, constitute matters upon which the prosecution will rely _inter
alia_ as establishing the criminality of the group or organization:

DIE REICHSREGIERUNG (REICH CABINET)

“Die Reichsregierung (Reich Cabinet)” referred to in the Indictment
consists of persons who were:

(i) Members of the ordinary cabinet after 30 January 1933, the date on
which Hitler became Chancellor of the German Republic. The term
“ordinary cabinet” as used herein means the Reich Ministers, i. e.,
heads of departments of the central Government; Reich Ministers
without portfolio; State Ministers acting as Reich Ministers; and
other officials entitled to take part in meetings of this cabinet.
(ii) Members of der Ministerrat für die Reichsverteidigung (Council of
Ministers for the Defense of the Reich).
(iii) Members of der Geheimer Kabinettsrat (Secret Cabinet Council).

Under the Führer, these persons functioning in the foregoing capacities
and in association as a group, possessed and exercised legislative,
executive, administrative, and political powers and functions of a very
high order in the system of German Government. Accordingly, they are
charged with responsibility for the policies adopted and put into effect
by the Government including those which comprehended and involved the
commission of the crimes referred to in Counts One, Two, Three, and Four
of the Indictment.

DAS KORPS DER POLITISCHEN LEITER DER NATIONALSOZIALISTISCHEN
DEUTSCHEN ARBEITERPARTEI
(LEADERSHIP CORPS OF THE NAZI PARTY)

“Das Korps der Politischen Leiter der Nationalsozialistischen Deutschen
Arbeiterpartei (Leadership Corps of the Nazi Party)” referred to in the
Indictment consists of persons who were at any time, according to common
Nazi terminology, “Politischen Leiter” (Political Leaders) of any grade
or rank.

The Politischen Leiter comprised the leaders of the various functional
offices of the Party (for example, the Reichsleitung, or Party Reich
Directorate, and the Gauleitung, or Party Gau Directorate), as well as
the territorial leaders of the Party (for example, the Gauleiter).

The Politischen Leiter were a distinctive and elite group within the
Nazi Party proper and as such were vested with special prerogatives.
They were organized according to the Leadership Principle and were
charged with planning, developing and imposing upon their followers the
policies of the Nazi Party. Thus the territorial leaders among them were
called Hoheitsträger, or bearers of sovereignty, and were entitled to
call upon and utilize the various Party formations when necessary for
the execution of Party policies.

Reference is hereby made to the allegations in Count One of the
Indictment showing that the Nazi Party was the central core of the
common plan or conspiracy therein set forth. The Politischen Leiter, as
a major power within the Nazi Party proper, and functioning in the
capacities above described and in association as a group, joined in the
common plan or conspiracy, and accordingly share responsibility for the
crimes set forth in Counts One, Two, Three, and Four of the Indictment.

The prosecution expressly reserves the right to request, at any time
before sentence is pronounced, that Politische Leiter of subordinate
grades or ranks or of other types or classes, to be specified by the
Prosecution, be excepted from further proceedings in this Case No. 1,
but without prejudice to other proceedings or actions against them.

DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN
DEUTSCHEN ARBEITERPARTEI (COMMONLY KNOWN AS
THE SS) INCLUDING DER SICHERHEITSDIENST (COMMONLY
KNOWN AS THE SD)

“Die Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiterpartei
(commonly known as the SS) including Der Sicherheitsdienst (commonly
known as the SD)” referred to in the Indictment consists of the entire
corps of the SS and all offices, departments, services, agencies,
branches, formations, organizations, and groups of which it was at any
time comprised or which were at any time integrated in it, including but
not limited to, the Allgemeine SS, the Waffen SS, the SS Totenkopf
Verbände, SS Polizei Regimente, and the Sicherheitsdienst des
Reichsführers-SS (commonly known as the SD).

The SS, originally established by Hitler in 1925 as an elite section of
the SA to furnish a protective guard for the Führer and Nazi Party
leaders, became an independent formation of the Nazi Party in 1934 under
the leadership of the Reichsführer-SS, Heinrich Himmler. It was composed
of voluntary members, selected in accordance with Nazi biological,
racial, and political theories, completely indoctrinated in Nazi
ideology and pledged to uncompromising obedience to the Führer. After
the accession of the Nazi conspirators to power, it developed many
departments, agencies, formations, and branches and extended its
influence and control over numerous fields of Governmental and Party
activity. Through Heinrich Himmler, as Reichsführer-SS and Chief of the
German Police, agencies and units of the SS and of the Reich were joined
in operation to form a unified repressive police force. The
Sicherheitsdienst des Reichsführers-SS (commonly known as the SD), a
department of the SS, was developed into a vast espionage and
counter-intelligence system which operated in conjunction with the
Gestapo and criminal police in detecting, suppressing and eliminating
tendencies, groups and individuals deemed hostile or potentially hostile
to the Nazi Party, its leaders, principles and objectives, and
eventually was combined with the Gestapo and criminal police in a single
security police department, the Reich Main Security Office.

Other branches of the SS developed into an armed force and served in the
wars of aggression referred to in Counts One and Two of the Indictment.
Through other departments and branches the SS controlled the
administration of concentration camps and the execution of Nazi racial,
biological, and resettlement policies. Through its numerous functions
and activities it served as the instrument for insuring the domination
of Nazi ideology and protecting and extending the Nazi regime over
Germany and occupied territories. It thus participated in and is
responsible for the crimes referred to in Counts One, Two, Three, and
Four of the Indictment.

DIE GEHEIME STAATSPOLIZEI (SECRET STATE POLICE,
COMMONLY KNOWN AS THE GESTAPO)

“Die Geheime Staatspolizei (Secret State Police, commonly known as the
Gestapo)” referred to in the Indictment consists of the headquarters,
departments, offices, branches, and all the forces and personnel of the
Geheime Staatspolizei organized or existing at any time after 30 January
1933, including the Geheime Staatspolizei of Prussia and equivalent
secret or political police forces of the Reich and the components
thereof.

The Gestapo was created by the Nazi conspirators immediately after their
accession to power, first in Prussia by the Defendant GÖRING and shortly
thereafter in all other states in the Reich. These separate secret and
political police forces were developed into a centralized, uniform
organization operating through a central headquarters and through a
network of regional offices in Germany and in occupied territories. Its
officials and operatives were selected on the basis of unconditional
acceptance of Nazi ideology, were largely drawn from members of the SS,
and were trained in SS and SD schools. It acted to suppress and
eliminate tendencies, groups, and individuals deemed hostile or
potentially hostile to the Nazi Party, its leaders, principles, and
objectives, and to repr

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