Trial Proceedings & Indictments
INDICTMENT
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 Goering, 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 Doenitz, 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 REICHS REGIERUNG (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 STURM ABTEILUNGEN 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,
Defendants.
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,
Francois 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 GOERING, 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 Doenitz, 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 of the 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
Fuehrer 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.
(C) DOCTRINAL TECHNIQUES OF THE
COMMON PLAN OR CONSPIRACY
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
Fuehrerprinzip (Leadership Principle) according to which power was to
reside in a Fuehrer 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.
1. 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 "co-ordinated" 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 instill 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
Goering 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 Goering 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 Goering 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 on 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 Fuehrer 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 Beilorussians
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 conspira1ors
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.
Vl. 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 Offence 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 Offence
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, Ravensbruck, 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 Leon (round-up in July 1944); at Locmine (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, Bethune,
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
Compiegne 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 Ravensbruck, study of the evolution of
cancer of the womb at Auschwitz, of typhus at Buchenwald, anatomical
research at Natzweiller, heart injections at Buchenwald, bone grafting
and muscular excisions at Ravensbruck, 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, Besancon, Petit-Saint-Bernard,
Aulnat, Caen, Port-Louis, Charleval, Fontainebleau, Bouconne, Gabaudet,
Lhermitage 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, Liege,
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 (herein-after 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 Compiegne
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 Compiegne 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 Compiegne 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 Stalag 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 4-8 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 Kubler 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 Chateaubriant.
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 tons
Siderurgical products 3,822,000 tons
Bauxite 1,211,800 tons
Cement 5,984,000 tons
Lime 1,888,000 tons
Quarry products 25,872,000 tons
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 tons
Milk 790,000 hectolitres
(concentrated and in powder) 460,000 hectolitres
Butter 76,000 tons
Cheese 49,000 tons
Potatoes 725,975 tons
Various vegetables 575,000 tons
Wine 7,647,000 hectolitres
Champagne 87,000,000 bottles
Beer 3,821,520 hectolitres
Various kinds of alcohol 1,830,000 hectolitres
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, Voronexh, 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; 1501/41, dated 29. IX. 1941) addressed only
to Staff officers, it was said:
"The Fuehrer 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, Marinpol, 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 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 2,000,000,003,000 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 Die 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 in 1941, 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 l944 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 Fuehrer 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 Fuehrer 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, The Nord, Meurthe
and Moselle, and especially in that of Ardertnes, 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 I942, 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 Thalmann. They imprisoned
in concentration camps numerous political and religious personages,
for example Chancellor Schuschnigg and Pastor Niemoeller.
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 Minerallye 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 organisation
responsibility for the offence 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 / FRANCOIS DE MENTHON.
Acting on Behalf of the French Republic.
t 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.
GOERING:
The Defendant Goering between 1932 and l945 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
Goering Industrial Combine, and Successor Designate to Hitler. The Defendant
Goering used the foregoing positions, his personal influence, and his
intimate connection with the Fuehrer 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 Fuehrer 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 Fuehrer'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 Fuehrer
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 Fuehrer Principle he executed and
assumed responsibility for 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
fourth 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 l941 was: a member of the Nazi Party, Deputy to the
Fuehrer, 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 Fuehrer after
the Defendant Goering, 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 Fuehrer 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 Volkischer 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 Fuehrer 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 positons,
his personal influence, and his intimate connection with the Fuehrer
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 Fuehrer's Deputy, head of the Party Chancery, Secretary
of the Fuehrer, 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 Fuehrer
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 Fuehrer
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 Count 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 Fuehrer 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 Count One and Count 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 devolved 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 Count One and Count 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 Fuehrer 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 Count One and Count 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 Fuehrer 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 Count One and Count 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
Fuehrer 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 Count One and Count 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 Fuehrer 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 Count One and Count 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: 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 Fuehrer 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 Count One and Count Two of the
Indictment; in accordance with the Fuehrer 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 betwe,en 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 Fuehrer 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 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 Count One and Count 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 Sturmer. The Defendant STREICHER.
used the foregoing positions, his personal influence, and his close
connection with the Fuehrer 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 Fuehrer 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 Count One and Count
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 Count One and Count 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 Wehrtmacht, 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 Fuehrer 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 Count One and Count 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 Count One and Count 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 Count One and Count Two of the Indictment; and he authorized,
directed, and participated in the war crimes set fourth in Count Three
of the Indictment, including particularly war crimes arising out of
sea warfare.
DOENITZ:
The Defendant DOENITZ 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
DOENITZ used the foregoing positions, his personal influence, and his
intimate connection with the Fuehrer 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 Count One and Count 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 Buro",
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 fur die Reichsverteidigung
(Council of Ministers for the Defense of the Reich).
(iii) Members of der Geheimer Kabinettsrat (Secret
Cabinet Council).
Under the Fuehrer, 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)
"Des 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 Hoheitstrager, 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 NATIONALSOZlALISTISCHEN
DEUTSCHEN ARBEITERPARTE (COMMONLY KNOWN AS THE SS) INCLUDING DER SICHERHEITSDIENST
(COMMONLY KNOWN AS THE SD).
"Die Schutzstaffeln der Nationalsozialistische
Deutsche Arbeiterpartei (commonly known as the SST) including Derby
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 AIlgemeine SS, the Waffen SS,
the SS Totenkopfverbande, SS Polizei Regimente, and the Sicherheitsdienst
des ReichsFuehrers-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 Fuehrer
and Nazi Party leaders, became an independent formation of the Nazi
Party in 1934 under the leadership of the Reichsfuehrer-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 Fuehrer.
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 Reichsfuehrer-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 Reichsfuehrer-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 Goering
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 repress resistance and potential resistance to German control
in occupied territories. In performing these functions it operated free
from legal control, taking any measures it deemed necessary for the
accomplishment of its missions.
Through its purposes, activities, and the means it
used, it participated in and is responsible for the commission of the
crimes set forth in Counts One, Two, Three, and Four of the Indictment.
DIE STURMABTEILUNGEN DER NATIONALSOZIALISTISCHEN
DEUTSCHEN ARBEITERPARTEI (COMMONLY KNOWN AS THE SA)
"Die Sturmabteilungen der Nationalsozialistischen
Deutschen Arbeiterpartei (commonly known as the SA)" referred to
in the Indictment was a formation of the Nazi Party under the immediate
jurisdiction of the Fuehrer, organized on military lines, whose membership
was composed of volunteers serving as political soldiers of the Party.
It was one of the earliest formations of the Nazi Party and the original
guardian of the National Socialist movement. Founded in 1921 as a voluntary
militant formation, it was developed by the Nazi conspirators before
their accession to power into a vast private army and utilized for the
purpose of creating disorder, and terrorizing and eliminating political
opponents. It continued to serve as an. instrument for the physical,
ideological, and military training of Party members and as a reserve
for the German Armed Forces. After the launching of the Wars of aggression,
referred to in Counts One and Two of the Indictment, the SA not only
operated as an organization for military training but provided auxiliary
police and security forces in occupied territories, guarded prisoner-of-war
camps and concentration camps and supervised and controlled persons
forced to labor in Germany and occupied territories.
Through its purposes and activities and the means it
used, it participated in and was responsible for the commission of the
crimes set forth in Counts One, Two, Three, and Four of the Indictment.
GENERAL STAFF AND HIGH COMMAND
OF THE GERMAN ARMED FORCES
The "General Staff and High Command of the German
Armed Forces" referred to in the Indictment consist of those individuals
who between February 1938 and May 1945 were the highest commanders of
the Wehrmacht, the Army, the Navy, and the Air Forces. The individuals
comprising this group are the persons who held the following appointments:
Oberbefehlshaber der Kriegsmarine (Commander in Chief
of the Navy);
Chef (and, formerly, Chef des Stabes) der Seekriegsleitung
(Chief of Naval War Staff);
Oberbefehlshaber des Heeres (Commander in Chief of
the Army);
Chef des Generalstabes des Heeres (Chief of the General
Staff of the Army);
Oberbefehlshaber der Luftwaffe (Commander in Chief
of the Air Force);
Chef des Generalstabes der Luftwaffe (Chief of the
General Staff of the Air Force);
Chef des Oberkommandos der Wehrmacht (Chief of the
High Command of the Armed Forces);
Chef des Fuhrungsstabes des Oberkommandos der Wehrmacht
(Chief of the Operations Staff of the High Command of the Armed Forces);
Stellvertretender Chef des Fuhrungsstabes des Oberkommandos
der Wehrmacht (Deputy Chief of the Operations Staff of the High Command
of the Armed Forces);
Commanders-in-Chief in the field, with the status of
Oberbefehlshaber, of the Wehrmacht, Navy, Army, Air Force.
Functioning in such capacities and in association as
a group at the highest level in the German Armed Forces Organization
these persons had a major responsibility for the planning, preparation,
initiation, and waging of illegal wars as set forth in Counts One and
Two of the Indictment and for the War Crimes and Crimes against Humanity
involved in the execution of the common plan or conspiracy set forth
in Counts Three and Four of the Indictment.
Appendix C
Charges and Particulars of Violations of International
Treaties, Agreements, and Assurances Caused by the Defendants in the
Course of Planning, Preparing, and Initiating the Wars
I
CHARGE: Violation of the Convention for the
Pacific Settlement of International Disputes, signed at The Hague, 29
July 1899.
PARTICULARS: In that Germany did, by force and
arms, on the dates specified in Column 1, invade the territory of the
Sovereigns specified in Column 2, respectively, without first having
attempted to settle its disputes with said Sovereigns by pacific means.
Column 1 Column 2
6 April 1941 Kingdom of Greece
6 April 1941 Kingdom of Yugoslavia
II
CHARGE: Violation of the Convention for the Pacific
Settlement of International Disputes, signed at The Hague, 18 October
1907.
PARTICULARS: In that Germany did, on or about the dates
specified in Column 1, by force of arms invade the territory of the
Sovereigns specified in Column 2, respectively, without having first
attempted to settle its dispute with said Sovereigns by pacific means.
Column 1 Column 2
1 September 1939 Republic of Poland
9 April 1940 Kingdom of Norway
9 April 1940 Kingdom of Denmark
10 May 1940 Grand Duchy of Luxembourg
10 May 1940 Kingdom of Belgium
1O May 1940 Kingdom of the Netherlands
22 June 1941 Union of Soviet Socialist Republics
III
CHARGE: Violation of Hague Convention III Relative to the Opening of
Hostilities, Signed 18 October 1907.
PARTICULARS: In that Germany did, on or about the dates
specified in Column 1, commence hostilities against the Countries specified
in Column 2, respectively, without previous warning in the form of a
reasoned declaration of war or an ultimatum with conditional declaration
of war.
Column 1 Column 2
1 September 1939 Republic of Poland
9 April 1940 Kingdom of Norway
9 April 1940 Kingdom of Denmark
10 May 1940 Kingdom of Belgium
10 May 1940 Kingdom of the Netherlands
10 May 1940 Grand Duchy of Luxembourg
22 June 1941 Union of Soviet Socialist Republics
IV
CHARGE: Violation of Hague Convention V Respecting the Rights and Duties
of Neutral Powers and Persons in Case of War on Land, signed 18 October
1907.
PARTICULARS: In that Germany did, on or about the dates
specified in Column 1, by force and arms of its military forces cross
into, invade, and occupy the territories of the Sovereigns specified
in Column 2, respectively, then and thereby violating the neutrality
of said Sovereigns.
Column 1 Column 2
9 April 1940 Kingdom of Norway
9 April 1940 Kingdom of Denmark
10 May 1940 Grand Duchy of Luxembourg
10 May 1940 Kingdom of Belgium
1O May 1940 Kingdom of the Netherlands
22 June 1941 Union of Soviet Socialist Republics
V
CHARGE: Violation of the Treaty of Peace between the Allied and Associated
Powers and Germany, signed at Versailles, 28 June 1919, known as the
Versailles Treaty.
PARTICULARS: (1) In that Germany did, on and after
7 March 1936, maintain and assemble armed forces and maintain and construct
military fortifications in the demilitarized zone of the Rhineland in
violation of the provisions of Articles 42 to 44 of the Treaty of Versailles.
(2) In that Germany did, on or about 13 March 1938
annex Austria into the German Reich in violation of the provisions of
Article 80 of the Treaty of Versailles.
(3) In that Germany did, on or about 22 March 1939,
incorporate the district of Memel into the German Reich in violation
of the provisions of Article 99 of the Treaty of Versailles.
(4) In that Germany did on or about 1 September 1939,
incorporate the Free City of Danzig into the German Reich in violation
of the provisions of Article 100 of the Treaty of Versailles.
(5) In that Germany did, on or about 16 March 1939,
incorporate the Provinces of Bohemia and Moravia, formerly part of Czechoslovakia,
into the German Reich in violation of the provisions of Article 81 of
the Treaty of Versailles.
(6) In that Germany did, at various times in March
1935 and thereafter, repudiate various parts of Part V, Military, Naval,
and Air Clauses of the Treaty of Versailles, by creating an air force,
by use of compulsory military service, by increasing the size of the
army beyond treaty limits, and by increasing the size of the navy beyond
treaty limits.
VI
CHARGE: Violation of the Treaty between the United States and Germany
Restoring Friendly Relations, signed at Berlin, 25 August 1921.
PARTICULARS: In that Germany did, at various times
in March 1935 and thereafter, repudiate various parts of Part V, Military,
Naval, and Air Clauses of the Treaty between the United States and Germany
Restoring Friendly Relations by creating an air force, by use of compulsory
military service, by increasing the size of the army beyond treaty limits,
and by increasing the size of the navy beyond treaty limits.
VII
CHARGE: Violation of the Treaty of Mutual Guarantee between Germany,
Belgium, France, Great Britain, and Italy, done at Locarno, 16 October
1925.
PARTICULARS: (1) In that Germany did, on or about 7
March 1936, unlawfully send armed forces into the Rhineland demilitarized
zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.
(2) In that Germany did, in or about March 1936, and
thereafter, unlawfully maintain armed forces in the Rhineland demilitarized
zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.
(3) In that Germany did, on or about 7 March 1936,
and thereafter, unlawfully construct and maintain fortifications in
the Rhineland demilitarized zone of Germany, in violation of Article
10 of the Treaty of Mutual Guarantee.
(4) In that Germany did, on or about 10 May 1940, unlawfully
attack and invade Belgium, in violation of Article 2 of the Treaty of
Mutual Guarantee.
(5) In that Germany did, on or about 10 May 1940, unlawfully
attack and invade Belgium, without first having attempted to settle
its dispute with Belgium by peaceful means, in violation of Article
3 of the Treaty of Mutual Guarantee.
VIII
CHARGE: Violation of the Arbitration Treaty between Germany and Czechoslovakia,
done at Locarno, 16 October 1925.
PARTICULARS: In that Germany did, on or about 15 March
1939, unlawfully by duress and threats of military might force Czechoslovakia
to deliver the destiny of Czechoslovakia and its inhabitants into the
hands of the Fuehrer and Reichschancellor of Germany without having
attempted to settle its dispute with Czechoslovakia by peaceful means.
IX
CHARGE: Violation of the Arbitration Convention between Germany and
Belgium, done at Locarno, 16 October 1925.
PARTICULARS: In that Germany did, on or about 10 May
1940, unlawfully attack and invade Belgium without first having attempted
to settle its dispute with Belgium by peaceful means.
X
CHARGE: Violation of the Arbitration Treaty between Germany and Poland,
done at Locarno, 16 October 1925.
PARTICULARS: In that Germany did, on or about 1 September
1939, unlawfully attack and invade Poland without first having attempted
to settle its dispute with Poland by peaceful means.
XI
CHARGE: Violation of Convention of Arbitration and Conciliation entered
into between Germany and the Netherlands on 20 May 1926.
PARTICULARS: In that Germany, without warning, and
not withstanding its solemn covenant to settle by peaceful means all
disputes of any nature whatever which might arise between it and the
Netherlands which were not capable of settlement by diplomacy and which
had not been referred by mutual agreement to the Permanent Court of
International Justice, aid, on or about 10 May 1940, with a military
force, attack, invade, and occupy the Netherlands, thereby violating
its neutrality and territorial integrity and destroying its sovereign
independence.
XII
CHARGE: Violation of Convention of Arbitration and Conciliation entered
into between Germany and Denmark on 2 June 1926.
PARTICULARS: In that Germany, without warning, and
notwithstanding its solemn covenant to settle by peaceful means all
disputes o£ any nature whatever which might arise between it and
Denmark which were not capable of settlement by diplomacy and which
had not been referred by mutual agreement to the Permanent Court of
International Justice, did, on or about 9 April 1940, with a military
force, attack, invade, and occupy Denmark; thereby violating its neutrality
and territorial integrity and destroying its sovereign independence.
XIII
CHARGE: Violation of Treaty between Germany and other Powers providing
for Renunciation of War as an Instrument of National Policy, signed
at Paris 27 August 1928, known as the Kellogg-Briand Pact.
PARTICULARS: In that Germany did, on or about the dates
specified in Column 1, with a military force, attack the Sovereigns
specified in Column 2, respectively, and resort to war against such
Sovereigns, in violation of its solemn declaration condemning recourse
to war for the solution of international controversies, its solemn renunciation
of war as an instrument of national policy in its relations with such
Sovereigns, and its solemn covenant that settlement or solution of all
disputes or conflicts of whatever nature or origin arising between it
and such Sovereigns should never be sought except by pacific means.
Column 1 Column 2
1 September 1939 Republic of Poland
9 April 1940 Kingdom of Norway
9 April 1940 Kingdom of Denmark
10 May 1940 Kingdom of Belgium
10 May 1940 Grand Duchy of Luxembourg
10 May 1940 Kingdom of the Netherlands
6 April 1941 Kingdom of Greece
6 April 1941 Kingdom of Yugoslavia
22 June 1941 Union of Soviet Socialist Republics
11 December 1941 United States of America
XIV
CHARGE: Violation of Treaty of Arbitration and Conciliation entered
into between Germany and Luxembourg on 11 September 1929
PARTICULARS: In that Germany, without warning, and
notwithstanding its solemn covenant to settle by peaceful means all
disputes which might arise between it and Luxembourg which were not
capable of settlement by diplomacy, did, on or about 10 May 1940, with
a military force, attack, invade, and occupy Luxembourg, thereby violating
its neutrality and territorial integrity and destroying its sovereign
independence.
XV
CHARGE: Violation of the Declaration of Non-Aggression entered into
between Germany and Poland on 26 January 1934.
PARTICULARS: In that Germany proceeding to the application
of force for the purpose of reaching a decision did, on or about 1 September
1939, at various places along the German-Polish frontier employ military
forces to attack, invade, and commit other acts of aggression against
Poland.
XVI
CHARGE: Violation of German Assurance given on 21 May 1935 that the
Inviolability and Integrity of the Federal State of Austria Would Be
Recognized.
PARTICULARS: In that Germany did, on or about 11 March
1938, at various points and places along the German-Austria frontier,
with a military force and in violation of its solemn declaration and
assurance, invade and annex to Germany the territory of the Federal
State of Austria.
XVII
CHARGE: Violation of Austro-German Agreement of 11 July 1936.
PARTICULARS: In that Germany during the period from
12 February 1938 to 13 March 1938 did by duress and various aggressive
acts, including the use of military force, cause the Federal State of
Austria to yield up its sovereignty to the German State in violation
of Germany's agreement to recognize the full sovereignty of the Federal
State of Austria.
XVIII
CHARGE: Violation of German Assurances given on 30 January 1937, 28
April 1939, 26 August 1939, and 6 0ctober 1939 To Respect the Neutrality
and Territorial Inviolability of the Netherlands.
PARTICULARS: In that Germany, without warning, and
without recourse to peaceful means of settling any considered differences
did, on or about 10 May 1940, with a military force and in violation
of its solemn assurances, invade, occupy, and attempt to subjugate the
sovereign territory of the Netherlands.
XIX
CHARGE: Violation of German Assurances given on 30 January 1937, 13
October 1937, 28 April 1939, 26 August 1939, and 6 October 1939 To Respect
the Neutrality and Territorial Integrity and Inviolability of Belgium.
PARTICULARS: In that Germany, without warning, did
on or about 10 May 1940, with a military force and in violation of its
solemn assurances and declarations, attack, invade, and occupy the sovereign
territory of Belgium.
XX
CHARGE: Violation of Assurances given on 11 March 1938 and 26 September
1938 to Czechoslovakia.
PARTICULARS: In that Germany, on or about 15 March
1939 did, by establishing a Protectorate of Bohemia and Moravia under
duress and by the threat of force, violate the assurance given on 11
March 1938 to respect the territorial integrity of the Czechoslovak
Republic and the assurance given on 26 September 1938 that, if the so-called
Sudeten territories were ceded to Germany, no further German territorial
claims on Czechoslovakia would be made.
XXI
CHARGE: Violation of the Munich Agreement and Annexes of 29 September
1938.
PARTICULARS: (1) In that Germany on or about 15 March
1939, did by duress and the threat of military intervention force the
Republic of Czechoslovakia to deliver the destiny of the Czech people
and country into the hands of the Fuehrer of the German Reich.
(2) In that Germany refused and failed to join in an
international guarantee of the new boundaries of the Czechoslovakia
state as provided for in Annex No. 1 to the Munich Agreement.
XXII
CHARGE: Violation of the Solemn Assurances of Germany given on 3 September
1939, 28 April 1939, and 6 October 1939 Not to Violate the Independence
or Sovereignty of the Kingdom of Norway.
PARTICULARS: In that Germany, without warning did,
on or about 9 April 1940, with its military and naval forces attack,
invade, and commit other acts of aggression against the Kingdom of Norway.
XXIII
CHARGE: Violation of German Assurances given on 28 April 1939 and 28
August 1939 To Respect the Neutrality and Territorial Inviolability
of Luxembourg.
PARTICULARS: In that Germany, without warning, and
without recourse to peaceful means of settling any considered differences,
did, on or about 10 May 1940, with a military force and in violation
of the solemn assurances, invade, occupy, and absorb into Germany the
sovereign territory of Luxembourg.
XXIV
CHARGE: Violation of the Treaty of Non-Aggression between Germany and
Denmark, signed at Berlin, 31 May 1939.
PARTICULARS: In that Germany without prior warning,
did, on or about 9 April 1940, with its military forces, attack, invade,
and commit other acts of aggression against the Kingdom of Denmark.
XXV
CHARGE: Violation of Treaty of Non-Aggression entered into between Germany
and U.S.S.R. on 23 August 1939.
PARTICULARS: (1) In that Germany did, on or about 22
June 1941, employ military forces to attack and commit acts of aggression
against the U.S.S.R.
(2) In that Germany without warning or recourse to
a friendly exchange of views or arbitration did, on or about 22 June
1941, employ military forces to attack and commit acts of aggression
against the U.S.S.R.
XXVI
CHARGE: Violation of German Assurance given on 6 October 1939 To Respect
The Neutrality and Territorial Integrity of Yugoslavia.
PARTICULARS: In that Germany without prior warning
did, on or about 6 April 1941, with its military forces attack, invade,
and commit other acts of aggression.against the Kingdom of Yugoslavia.
Sources: The
Avalon Project
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