NAZI CONSPIRACY AND AGGRESSION Opinion and Judgment e Ofice of United States ' Chief of Counsel for Prosecution of kxis Criminality I The United States of America, the French Republic, the United Hingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics Hermann Wilhelm Goering, Rudolf Hess, Joachim von Ribbentrop, Robert Ley, Wilhelm Iceitel, Ernst Kaltenbrunner, Alfred Rosen- berg, H ~FrSank, Wilhelm Z'riik, Julius StTeicher, Walter Funk, Hjalmar Schacht, Gustav Krupp von Bohlen und Halbach, Icarl Doenitz, Erich Raeder, Baldur von Schirach, Fritz Sauckel, Alfred Jodl, Martin Bormann, Franz von Papen, Artur Seyss-Inquart, Albert Speer, Constantin von Neurath, and Hans Fritzsche, Indi- vidually and as Members of Any of the Following Groups or Organizations to Which They Respectively Belonged, Namely: Die Reichsregierung (Reich Cabinet) ;Das Korps Der Politischen Leiter Der Nationalsozialistischen Deutschen Arbeiterpartei I (Leadership Corps of the Nazi Party) ; Die Schutzstaffeln Der I Nationalsozialistischen Deutschen Arbeiterpsrtei (commonly known as the "SS") and including Die Sicherheitsdienst (commonly known as the "SD") ; Die ~eheimeS taatspolizei (Secret State Police, commonly known as the "G~stapo"); Die Sturmabteilungen Der N. S. D. A. P. (commonly known as the "SA") and the General I Staff and High Command of the German Armed Forces are as 1 defined in Appendix B of the Indictment, I Defendants. I iii C O N T E N T S Page 4 JUDGMENT -- - - -- - - - - - - ------- - - - - - - - --- - - - - --- 1 . . The Charter Provisions............................. 3 The Nazi Regime in Germany ....................... 4 The Cornmoil Plan of Conspiracy and Aggressive War.-- 16 Violatioils of Intenlatiolzal Treaties- ---------------- 46 The Lam as to the Common Plan or Conspiracy-------- 54 War Crimes and Crimes against Humanity- ----------- 56 The Accusecl Organizations ......................... 84 The Accused Individuals. ........................... 107 DISSENTIKG OPINION................................ 166 The Unfounded Acquittal of Defendant Schacht------ 1GG The Unfounded Acquittal of Defendant voil Papen---- 172 The Unfounded Acquittal of Defendant Fritzsche------ 175 Concerning the Santence 01the Defendant Rudolf I-Iess- 176 Incorrect Judgmant with Regard to the Reich Cabinet-- 180 Incorrect Judgment with Regizrd to the General Staff and High Command and the OI<W----------------- THE SENTENCES. ..................................... THE INTEWNAT10NAL MILITARY FRlBUNAL Nurnberg, Germany LORD JUSTICE LAWRENCE, Member for the United Kingdom of Great Britain and Northern Ireland, President MR. JUSTICE BIRKETT, Alternate Member MR. FRANCIS BIDDLE, Member for the United States of America JUDGE JOHN J. PARKER, Alternate Member M. LE PROFESSEUR DONNEDIEU DE VABRES, Member for the French Republic M. LE CONSEILLER R. FALCO, Alternate Member MAJOR GENERAL I.T. NIKITCHENKO, Member for the Union of Soviet Socialist Republics LIEUTENANT COLONEL A. F. VOLCHKOV, Alternate Member PROSECUTION COUNSEL Chief Prosecutor for the United States of America : Mr. Justice Robert H. Jackson Chief Prosecutor for the United Kingdom of Great Britain and ' Northern Ireland : H. M. Attorney-General, Sir Hartley Shawcross, K. C., M. P. Chief Prosecutor for the French Republic: M. Francois de Menthon M. Auguste Chainpetier de Ribes Chief Prosecutor for the Union of Soviet Socialist Bepublics: , General R. A. Rudenko DEFENDANTS AND DEFENSE COUNSEL Individztul Defendants Counsel Goering, IIermann Wilhelm ------------- Dr. Otto Stahmer Hess, Rudolf .......................... Dr. Guenther von Rohrscheidt (to 5 February 1946) Dr. Alfred Seidl (from 5 February 1946) Bon Ribb~ntropJ, oachin~- -------------- Dr. Fritz Sauter (to 5 January 194G) Dr. Martin Horn (from 5 January 1946) Keitel, Wilheln~.. ...................... Dr. Otto Nelte Raltenbrunner, Erns: _----------------- Dr. Iburl' Rauffmann Rosenberg, Alfred..................... Dr. Alfred Thoma Frank, Hans. ......................... Dr. Alfred Seidl . Frick, Wilhelm ........................ Dr. Otto Pannenbecker Streicher, J't~liu-s- --------------------- Dr. Hans Marx Funk, Walter------------------------- Dr. Fritz Sauter Schacht, Hjah~a.r.. ................... Dr. Rudolf Dis Doenitz, I<arl------------------------- Flottellrichter Otto Kranzbuehler Raeder, Erich ......................... Dr. Walter Siemers Von Schirach, Baldnr- ----------------- Dr. Fritz Sauter Sauckel, Fritz. ........................ Dr. Robert Servatius Jodl, Alfred ........................... Professor Dr. Franz Exner Bormann, illartin- --------------------- Dr. Friedrich Bergold Von Papen, Franz- ------------------- Dr. Egon Kubuschok Seyss-Inqnart ------------------------- Dr. Gustav Steiilbauer Speer, Albert .......................... Dr. Hans Flaechsner Von Neurnth, Cocstnnt:n --------------- Dr. Otto Freiherr von Luedinghausen Fritzsche, Hans- ---------------------- Dr. Heinz Fritz Counsel Reieh Cabinet -------------------------Dr. Ego11 Kubuschok Leadership Corps of Nazi Party-------- Dr. Robert Servatius SS (Schultzstafflcr~) and SD (Sicher- Dr. Ludwig Babel heitsdienst). Dr. Horst Pelckillnnil Dr. Hans Gawlik SA (Sturmabteilung) ------------------ Dr. Georg Boehm Dr. Martin Loeffler Gestapo (Geheimc Staatspolizei) ------- Dr. Rudolf Merkel General Staff and High Cominand of the Dr. Hans Laternser German Armed Forces. JUDGMENT On the 8th August 1945 the Government of the United Iiingdom of Great Britain and Northern Ireland, the Government of the United States of America, the P~rovisionalG overnment of the French Repub- lic, and the Government of the Union of Soviet Socialist Republics sntered into an Agreement establishing this Tribunal for the trial of war criminals whose offenses have no particular geographical location. In accordance with Article 5, the following Governments of the United Nations have expressed their adherence to the agreement: Greece, Denmark, Yugoslavia, the Netherlands, Czechoslovakia, Poland, Belgium, Ethiopia, Australia, Honduras, Norway, Panama, Luxemburg, Haiti, New Zealand, India, Venezuela, Uruguay, and Paraguay. By the Charter annexed to the agreement, the constitution, juris- diction, and functions of the Tribunal were defined. The TTibunal was invested with power to try and punish persons who had committed crimes against peace, war crimes, and crimes against humanity as defined in the charter. The Charter also provided that at the trial of any individual member of any group or organization the Tribunal may declare (in connection with any act of which the individual may be convicted) that the group or organization of which the individual was a member was a criminal organizat I' on. In Berlin, on the 18th October 1945, in accordance with Article 14 of the Charter, an indictment was lodged against the defendants named in the caption above, who had been designated by the Com- mittee of the Chief Prosecutors of the signatory powers as major war criminals. A copy of the indictment in the German language was served upon each defendant in custody at least 30 days before the trial opened. This indictment charges the defendants with crimes against peace by the planning, preparation, initiation, and waging of wars of ag- gression, which were also wars in violation of international treaties, agreements, and assurances; with war crimes; and with crimes against humanity. The defendants are also charged with participating ,in the formulatioll or execution of a conlmon plan or conspiracy to com- mit a11 these crimes. The Tribunal was further asked by the prosecu- tion to declare all the lzanled groups or orgnnizntions to be criminal within the meaning of the charter. The defenclant Robert h y c ommitted suicide in prison on the 25th October 1945. On the 15th November 1945 the Tribunal decided that the defendant Gustav Krupp von Bohlen uncl Hdbach could not then be tried because of his physical and mental condition, but that the charges agrninst him in the indictment shoulcl be retained for trial thereafter, if the physical and mental condition of the defendant should permit. On the 17th November 1945 the Tribunal decided to try the defenclant Bormann in his absence ~mdert he provisions of article 12 of .the charter. After argument, and consideration of full nzedical reports, and a statement from the defendant himself, the Tribunal decided on the 1st December 1945 that no grounds existed for n postpoizement of the trial against the defendant Hess because of his mental condition. A similar decision was made in the case of the defendant Streicher. In accordance with Articles 16 and 23 of the Charter, counsel were either chose11 by the defendants in custody themselves, or at their request were appointed by the Tribunal. In his absence the Tribunal appointed counsel for the defendant Bormann, and also assigned counsel to represent the named groups or organizations. The trial which was conducted in four languages-English, Rus- sian, French, and German-began on the 20th November 1045, and pleas of "Not guilty" were made by all the defendants except Bor- 11181111. The hearing of evidence and the speeches of counsel concluded on 31 August 1946. Four hundred and three open sessions of the Tribunal have been held; 33 mitnesses gave evidence orally for the prosecution against the individual defendants, and 61 witnesses, in addition to 19 of the defendant's, gave evidence for the defense. A further 143 witnesses gave evidence for the defense by means of written answers to interrogatories. The Trib~uzaal ppointecl commissioners to hear evidence relating to the organizations, and 101 witnesses were heard for the defense before the commissioners, and 1,809 affidavits from other witnesses were submitted. Six reports were also submitted, summarizing the contents of a great number of further affidavits. Thirty-eight thousand affidavits, signed by 155,000 people, were subn~ittedon behalf of the Political Leaders, 136,213 on behalf of the SS, 10,000 oli behalf of the SA, 7,000 on behalf of the SD, 3,000 on behalf of the General Staff and OICTV, and 2,000 on behalf of the Gestapo. The Tribunal itself heard 22 witnesses for the organizations. The documents tendered in evidence for the prosecution of the individual defendants and the orgni~iz;~tionnsu mbered several thonsands. A complete stenographic record of everything said in court has been made, as well as an electrical recording of all the proceedings. Copies of all the documents put in evidence by the prosecution have been supplied to the defense in the German language. Tlle applica- tions macle by the defendants for the production of witnesses and documents raised serious problems in some instances, on account of the unsettled state of the country. It was also necessary to limit the nunibcr of witilesses to be called, in order to have an expeditious hear- ing, in accordance with Article 18 (c) of the Charter. The Tribunal, after examination, granted all those applications which in its opinion were relevant to the defense of any defendant or named group or organization, and were not cum~~lativeF.a cilities were provided for obtaining those witnesses and documents granted through the office of the General Secretary established by the Tribunal. Much of the evidence presented to the Tribunal 011 behalf of the prosecution was documentary evidence, captured by the Allied armies in German Army headquarters, Government buildings, and elsewhere. Some of the documents were found in salt mines, buried in the ground, hidden behind false walls, nndin other places thought to be secure from discovery. The case, therefore, against the defendants rests in a large measure on documents of their own making, the authenticity of which has not been challenged except in one or two cases. 1. THE CHARTER PROVISIONS The individual defendants are indicted under Article 6 of the Charter, which is as follows : "Article 6. The Tribunal established by the agreement referred to in article 1hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the Europe,an Axis countries, whether as individuals or as members of organizations, committed any of the following crimes : "The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility. "(a) Crimes against peace: Namely, planning, preparation, initiation, or waging of a war of aggression, or a war in violation of international treaties, agreements, or assurances, or participa- tion in a coininon plan or conspiracy for the accomplishment of any of the foregoing. "(b) War crimes: Namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, mur- der, ill-treatment or deportation to slave labor or for any other 3