CONTENTS The Common Plan of Conspiracy and Aggressive War-- Violations of International Treaties... The Law as to the Common Plan or Conspiracy--- The Unfounded Acquittal of Defendant Schacht----- The Unfounded Acquittal of Defendant von Papen---. The Unfounded Acquittal of Defendant Fritzsche------ Concerning the Sentence of the Defendant Rudolf Hess_ Incorrect Judgment with Regard to the Reich Cabinet__ Page THE INTERNATIONAL MILITARY TRIBUNAL 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 H. M. Attorney-General, Sir Hartley Shawcross, K. C., Chief Prosecutor for the French Republic: M. Francois de Menthon M. Auguste Champetier de Ribes Chief Prosecutor for the Union of Soviet Socialist Republics: Leadership Corps of Nazi Party‒‒‒‒‒‒‒‒ Dr. Robert Servatius SS (Schultzstafflen) and SD (Sicher- Dr. Ludwig Babel heitsdienst). SA (Sturmabteilung). Dr. Horst Pelckmann Dr. Hans Gawlik Dr. Georg Boehm Dr. Martin Loeffler Gestapo (Geheime Staatspolizei) .____ Dr. Rudolf Merkel General Staff and High Command of the Dr. Hans Laternser German Armed Forces. JUDGMENT On the 8th August 1945 the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic, and the Government of the Union of Soviet Socialist Republics entered 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, By the Charter annexed to the agreement, the constitution, jurisdiction, and functions of the Tribunal were defined. The Tribunal 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 organization. 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 Committee 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 aggression, 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 formulation or execution of a common plan or conspiracy to commit all these crimes. The Tribunal was further asked by the prosecu tion to declare all the named groups or organizations to be criminal within the meaning of the charter. The defendant Robert Ley committed suicide in prison on the 25th October 1945. On the 15th November 1945 the Tribunal decided that the defendant Gustav Krupp von Bohlen und Halbach could not then be tried because of his physical and mental condition, but that the charges against him in the indictment should 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 defendant Bormann in his absence under the provisions of article 12 of the charter. After argument, and consideration of full medical reports, and a statement from the defendant himself, the Tribunal decided on the 1st December 1945 that no grounds existed for a postponement 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 chosen 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, Russian, French, and German-began on the 20th November 1945, and pleas of "Not guilty" were made by all the defendants except Bor mann. 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 witnesses gave evidence orally for the prosecution against the individual defendants, and 61 witnesses, in addition to 19 of the defendants, gave evidence for the defense. A further 143 witnesses gave evidence for the defense by means of written answers to interrogatories. The Tribunal appointed 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 submitted on behalf of the Political Leaders, 136,213 on behalf of the SS, 10,000 on behalf of the SA, 7,000 on behalf of the SD, 3,000 on behalf of the General Staff and OKW, 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 |