Afternoon Session

THE PRESIDENT: Will the Chief Prosecutor for the French Republic continue the reading of the Indictment.

M. MOUNIER: In Lorraine, civil servants were obliged, in order to retain their positions, to sign a declaration by which they acknowledged the “return of their country to the Reich”, pledged themselves to obey without reservation the orders of their chiefs and put themselves “at the active service of the Führer and of National Socialist greater 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 endeavoured to assimilate those territories politically, culturally, socially, and economically into the German Reich. They endeavoured to obliterate the former national character of these territories. In pursuance of these plans, the defendants forcibly deported inhabitants who were predominantly non-German and replaced them by thousands of German colonists.

Their 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 especially in Norway, France (particularly in the Departments of Upper Rhine, Lower Rhine, Moselle, Ardennes, Aisne, Nord, Meurthe and Moselle), in Luxembourg, the Soviet Union, Denmark, Belgium, and Holland.

In France in the Departments of Aisne, Nord, Meurthe and Moselle, and especially in that of the Ardennes, rural properties were confiscated by a German state organization which tried to work them under German management.

The landowners of these holdings were dispossessed and turned into agricultural laborers. In the Departments 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 September 21st the expulsion and deportation of population began, and on November 22d, 1940 more than 70,000 Lorrainers or Alsatians were driven into the south zone of France. From July 31, 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 measures were taken in the 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 28th of September 1940 an order applicable to the Department of the Moselle ordained the Germanization of all the surnames and Christian names which were French in form. The same measure was taken on the 15th January 1943 in the Departments of Upper Rhine and Lower Rhine.

4. Two orders of the 23rd and 24th August 1942 imposed by force German nationality on French citizens.

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

6. These contingents were drafted into the Wehrmacht on the expiration of their time in the labor service.

On the 19th August 1942 an order instituted compulsory military service in the Moselle, and on the 25th August 1942 the contingents of 1940 to 1944 were called up in the three Departments.

Conscription was enforced by the German authorities in conformity with the provisions of German legislation. The first induction board took place on the 3rd September 1942. Later, in the Upper Rhine and Lower Rhine new levies were effected everywhere of the contingents from 1928 to 1939 inclusive. The French men 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 Crimes 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 charge set forth in 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 crime set forth in this part three of the Indictment.

THE PRESIDENT: I will now call upon the Chief Prosecutor for the Soviet Union.

LIEUTENANT COLONEL J. A. OZOL (Assistant Prosecutor for the U.S.S.R.): COUNT THREE—WAR CRIMES.

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, 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 undernutrition, 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 with religious services, 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.

[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”).

From the 1st September 1939, when the German Armed Forces invaded Poland, and from the 22nd 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 1½ million persons were, exterminated in Maidanek and about 4 million 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 U.S.A., 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 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 neighbouring territories. They intentionally brought many people to these camps from typhus hospitals, for the purpose of infecting the other persons interned and for spreading the disease in territories from which the Germans were 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 neighbouring 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 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 Mineralniye Vodi, 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 shot and tortured.

In the Stalingrad region more than 40,000 persons were killed and tortured. 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 1941, 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, which 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 shooting, 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, et cetera, 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.

THE PRESIDENT: Paragraph (B) on Page 16 was read by the Chief Prosecutor for the French Republic. Paragraph 2 on Page 17 was omitted by him. So had you better not go on at Paragraph 2 at Page 17?

LT. COL. OZOL: 2. From the Eastern Countries:

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

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

On June 4, 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.

Murder and ill-treatment of prisoners of war, and of other. . . .

THE PRESIDENT: Will you read Paragraph 2 at page 18?

LT. COL. OZOL: 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 were murdered when captured.

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.

THE PRESIDENT: Now, Paragraph 2 of (D).

CAPTAIN V. V. KUCHIN (Assistant Prosecutor for the U.S.S.R.) [Continuing the reading of the Indictment]: 2. In the Eastern Countries:

At Kragnevatz in Yugoslavia 2,300 hostages were shot in October 1941. At Kraljero in Yugoslavia 5,000 hostages were shot.

THE PRESIDENT: Will you turn now to (E), Paragraph 2, page 21?

CAPT. KUCHIN: 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 million buildings and rendered homeless about 25 million persons.

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

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

“The Führer has decided to erase Petersburg from the face of the earth. 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, et cetera, necessary for the fleet be preserved is known to the Supreme Command of the German Armed Forces, but the basic principles of carrying out operations against 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 lives of the population and of their provisioning 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 billion rubles. There was colossal destruction of industrial establishments in Makerevka, Carlovka, Yenakievo, Konstantinovka, Mariupol, from which most of the machinery and factories were removed.

Stealing of huge dimensions and the destruction of industrial, cultural, and other property was typified in Kiev. More than 4 million books, magazines, and manuscripts (many of which were very valuable and even unique) and a large number of artistic productions and divers valuables 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, desecrated his grave, and destroyed 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, et cetera.

They also broke up, desecrated and senselessly destroyed the most valuable monuments of the Christian Church, such as the 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.

Carrying away by Rosenberg’s headquarters of 100,000 valuable volumes and 70 cases of ancient periodicals and precious monographs; wanton destruction of libraries and other cultural buildings.

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

The over-all value of the material loss which the U.S.S.R. has borne, is computed to be 679 billion rubles, in State prices of 1941.

Following the German 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; robbed libraries, laboratories, and art museums of books, pictures, objects of art, scientific apparatus, and furniture; stole all gold reserves and foreign exchange of Czechoslovakia, including 23,000 kilograms of gold, of a nominal value of 5,265,000 Pounds; fraudulently acquired control and thereafter looted the Czech banks and many Czech industrial enterprises; and otherwise stole, looted, and misappropriated Czechoslovak public and private property. The total sum of defendants’ economic spoliation of Czechoslovakia from 1938 to 1945 is estimated at 200 billion Czechoslovak crowns.

(G) Wanton destruction of cities, towns, and villages, and devastation not justified by military necessity.

The defendants wantonly destroyed cities. . . .

THE PRESIDENT: Will you go to Paragraph 2 of (G)? The French read the first paragraph. Do you want to go to Paragraph 2 of (G)?

CAPT. KUCHIN: I have begun. . . .

THE PRESIDENT: I thought we had read Paragraph 1. We might take up at Paragraph 2, beginning “In the Eastern Countries the defendants pursued. . . .”

CAPT. KUCHIN: 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 burnt 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. . . .

THE PRESIDENT: I think Paragraph (H) has been read, the first paragraph of it. There only remains for you to read Paragraph 2 of (H).

CAPT. KUCHIN: 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.

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, 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 the 1st September 1939 and until 8th 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 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 the 1st September 1939.

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

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

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

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

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

Among other mass murders of Jews were the following:

At Kislovodsk all Jews were made to give up their property; 2,000 were shot in an anti-tank ditch at Mineralniye Vodi; 4,300 other Jews were shot in the same ditch; 60,000 Jews were shot on an island on the Dvina near Riga; 20,000 Jews were shot at Lutsk; 32,000 Jews were shot at Sarny; 60,000 Jews were shot at Kiev and Dniepropetrovsk.

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

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

About 70,000 Jews were exterminated in Yugoslavia.

XI. Individual, group and organization responsibility for the offense stated in Count Four.

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

Hartley Shawcross, acting on behalf of the United Kingdom of Great Britain and Northern Ireland; Robert H. Jackson, acting on behalf of the United States of America; François de Menthon, acting on behalf of the French Republic; R. Rudenko, acting on behalf of the Union of Soviet Socialist Republics. Berlin, 6th October 1945.

THE PRESIDENT: Has anybody been designated to read the appendices?

MR. ALDERMAN: May it please the Tribunal, I shall read Appendix A and Appendix B, and the British Delegation will read Appendix C. One word of explanation as to Appendix A. The Court will have observed that the defendants are seated in the dock in the same order in which they are named in the Indictment. By a mechanical slip-up they are not named in Appendix A in exactly the same order. I think it would be too much difficulty for the interpreters or for me to arrange them in the same order, and if the Court will permit I will read Appendix A as it is printed.

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 pursuant to Article 6 establishing the individual responsibility of the defendant:

GÖRING. The Defendant Göring between 1932 and 1945 was a member of the Nazi Party, Supreme Leader of the SA, general in the SS, a member and President of the Reichstag, Minister of the Interior of Prussia, Chief of the Prussian Police and Prussian Secret State Police, Chief of the Prussian State Council, Trustee of the Four Year Plan, Reich Minister for Air, Commander-in-Chief of the Air Force, President of the Council of Ministers for the Defense of the Reich, member of the Secret Cabinet Council, head of the Hermann Göring Industrial Combine, and Successor Designate to Hitler. The Defendant Göring used the foregoing positions, his personal influence, and his intimate connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he promoted the military and economic preparation for war set forth in Count One of the Indictment; he participated in the planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment, and the Crimes against Humanity set forth in Count Four of the Indictment, including a wide variety of crimes against persons and property.

RIBBENTROP. The Defendant Ribbentrop between 1932 and 1945 was a member of the Nazi Party, a member of the Nazi Reichstag, advisor to the Führer on matters of foreign policy, representative of the Nazi Party for matters of foreign policy, special German delegate for disarmament questions, Ambassador extraordinary, Ambassador in London, organizer and director of Dienststelle Ribbentrop, Reich Minister for Foreign Affairs, member of the Secret Cabinet Council, member of the Führer’s political staff at general headquarters, and general in the SS. The Defendant Ribbentrop used the foregoing positions, his personal influence, and his intimate connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators as set forth in Count One of the Indictment; he promoted the preparations for war set forth in Count One of the Indictment; he participated in the political planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances as set forth in Counts One and Two of the Indictment; in accordance with the Führer Principle he executed and assumed responsibility for the execution of the foreign policy plans of the Nazi conspirators set forth in Count One of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including more particularly the crimes against persons and property in occupied territories.

HESS. The Defendant Hess between 1921 and 1941 was a member of the Nazi Party, Deputy to the Führer, Reich Minister without Portfolio, member of the Reichstag, member of the Council of Ministers for the Defense of the Reich, member of the Secret Cabinet Council, Successor Designate to the Führer after the Defendant Göring, a general in the SS and a general in the SA. The Defendant Hess used the foregoing positions, his personal influence, and his intimate connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he promoted the military, economic, and psychological preparations for war set forth in Count One of the Indictment; he participated in the political planning and preparation for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; he participated in the preparation and planning of foreign policy plans of the Nazi conspirators set forth in Count One of the Indictment; he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including a wide variety of crimes against persons and property.

KALTENBRUNNER. The Defendant Kaltenbrunner between 1932 and 1945 was a member of the Nazi Party, a general in the SS, a member of the Reichstag, a general of the Police, State Secretary for Security in Austria in charge of the Austrian Police, Police Leader of Vienna, Lower and Upper Austria, Head of the Reich Main Security Office and Chief of the Security Police and Security Service. The Defendant Kaltenbrunner used the foregoing positions and his personal influence in such a manner that:

He promoted the consolidation of control over Austria seized by the Nazi conspirators as set forth in Count One of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment including particularly the Crimes against Humanity involved in the system of concentration camps.

ROSENBERG. The Defendant Rosenberg between 1920 and 1945 was a member of the Nazi Party, Nazi member of the Reichstag, Reichsleiter in the Nazi Party for Ideology and Foreign Policy, the editor of the Nazi newspaper Völkischer Beobachter, or “People’s Observer”, and the NS Monatshefte, head of the Foreign Political Office of the Nazi Party, Special Delegate for the entire Spiritual and Ideological Training of the Nazi Party, Reich Minister for the Eastern Occupied Territories, organizer of the “Einsatzstab Rosenberg”, a general in the SS and a general in the SA. The Defendant Rosenberg used the foregoing positions, his personal influence and his intimate connection with the Führer in such a manner that:

He developed, disseminated, and exploited the doctrinal techniques of the Nazi conspirators set forth in Count One of the Indictment; he promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he promoted the psychological preparations for war set forth in Count One of the Indictment; he participated in the political planning and preparation for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including a wide variety of crimes against persons and property.

FRANK. The Defendant Frank between 1932 and 1945 was a member of the Nazi Party, a general in the SS, a member of the Reichstag, Reich Minister without Portfolio, Reich Commissar for the Coordination of Justice, President of the International Chamber of Law and Academy of German Law, Chief of the Civil Administration of Lodz, Supreme Administrative Chief of the military district of West Prussia, Poznan, Lodz, and Krakow, and Governor General of the occupied Polish territories. The Defendant Frank used the foregoing positions, his personal influence, and his intimate connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including particularly the War Crimes and Crimes against Humanity involved in the administration of occupied territories.

BORMANN. The Defendant Bormann between 1925 and 1945 was a member of the Nazi Party, member of the Reichstag, a member of the Staff of the Supreme Command of the SA, founder and head of “Hilfskasse der NSDAP”, Reichsleiter, Chief of Staff Office of the Führer’s Deputy, head of the Party Chancery, Secretary of the Führer, member of the Council of Ministers for the Defense of the Reich, organizer and head of the Volkssturm, a general in the SS, and a general in the SA. The Defendant Bormann used the foregoing positions, his personal influence, and his intimate connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he promoted the preparations for war set forth in Count One of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including a wide variety of crimes against persons and property.

FRICK. The Defendant Frick between 1932 and 1945 was a member of the Nazi Party, Reichsleiter, general in the SS, member of the Reichstag, Reich Minister of the Interior, Prussian Minister of the Interior, Reich Director of Elections, General Plenipotentiary for the Administration of the Reich, head of the Central Office for the Reunification of Austria and the German Reich, Director of the Central Office for the Incorporation of Sudetenland, Memel, Danzig, the Eastern Occupied Territories, Eupen, Malmedy, and Moresnet, Director of the Central Office for the Protectorate of Bohemia, Moravia, the Government General, Lower Styria, Upper Carinthia, Norway, Alsace, Lorraine, and all other occupied territories, and Reich Protector for Bohemia and Moravia. The Defendant Frick used the foregoing positions, his personal influence, and his intimate connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he participated in the planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including more particularly the crimes against persons and property in occupied territories.

LEY. The Defendant Ley between 1932 and 1945 was a member of the Nazi Party, Reichsleiter, Nazi Party Organization Manager, member of the Reichstag, leader of the German Labor Front, a general in the SA, and Joint Organizer of the Central Inspection for the Care of Foreign Workers. The Defendant Ley used the foregoing positions, his personal influence and his intimate connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany as set forth in Count One of the Indictment; he promoted the preparation for war set forth in Count One of the Indictment; he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment, and in the Crimes against Humanity set forth in Count Four of the Indictment, including particularly the War Crimes and Crimes against Humanity relating to the abuse of human beings for labor in the conduct of the aggressive wars.

SAUCKEL. The Defendant Sauckel between 1921 and 1945 was a member of the Nazi Party, Gauleiter and Reichsstatthalter of Thuringia, a member of the Reichstag, General Plenipotentiary for the Employment of Labor under the Four Year Plan, Joint Organizer with the Defendant Ley of the Central Inspection for the Care of Foreign Workers, a general in the SS, and a general in the SA. The Defendant Sauckel used the foregoing positions and his personal influence in such manner that:

He promoted the accession to power of the Nazi conspirators set forth in Count One of the Indictment; he participated in the economic preparations for wars of aggression and wars in violation of treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment, and the Crimes against Humanity set forth in Count Four of the Indictment, including particularly the War Crimes and Crimes against Humanity involved in forcing the inhabitants of occupied countries to work as slave laborers in occupied countries and in Germany.

SPEER. The Defendant Speer between 1932 and 1945 was a member of the Nazi Party, Reichsleiter, member of the Reichstag, Reich Minister for Armament and Munitions, Chief of the Organization Todt, General Plenipotentiary for Armaments in the Office of the Four Year Plan, and Chairman of the Armaments Council. The Defendant Speer used the foregoing positions and his personal influence in such a manner that:

He participated in the military and economic planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including more particularly the abuse and exploitation of human beings for forced labor in the conduct of aggressive war.

FUNK. The Defendant Funk between 1932 and 1945 was a member of the Nazi Party, Economic Adviser of Hitler, National Socialist Deputy to the Reichstag, Press Chief of the Reich Government, State Secretary of the Reich Ministry of Public Enlightenment and Propaganda, Reich Minister of Economics, Prussian Minister of Economics, President of the German Reichsbank, Plenipotentiary for Economy, and member of the Ministerial Council for the Defense of the Reich. The Defendant Funk used the foregoing positions, his personal influence, and his close connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he promoted the preparations for war set forth in Count One of the Indictment; he participated in the military and economic planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including more particularly crimes against persons and property in connection with the economic exploitation of occupied territories.

SCHACHT. The Defendant Schacht between 1932 and 1945 was a member of the Nazi Party, a member of the Reichstag, Reich Minister of Economics, Reich Minister without Portfolio and President of the German Reichsbank. The Defendant Schacht used the foregoing positions, his personal influence, and his connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he promoted the preparations for war set forth in Count One of the Indictment; and he participated in the military and economic plans and preparation of the Nazi conspirators for wars of aggression, and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment.

PAPEN. The Defendant Papen between 1932 and 1945 was a member of the Nazi Party, a member of the Reichstag, Reich Chancellor under Hitler, special Plenipotentiary for the Saar, negotiator of the Concordat with the Vatican, Ambassador in Vienna, and Ambassador in Turkey. The Defendant Papen used the foregoing positions, his personal influence, and his close connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and participated in the consolidation of their control over Germany set forth in Count One of the Indictment; he promoted the preparations for war set forth in Count One of the Indictment; and he participated in the political planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment.

KRUPP. The Defendant Krupp between 1932 and 1945 was head of Friedrich KRUPP A. G., a member of the General Economic Council, President of the Reich Union of German Industry, and head of the Group for Mining and Production of Iron and Metals under the Reich Ministry of Economics. The Defendant Krupp used the foregoing positions, his personal influence, and his connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he promoted the preparation for war set forth in Count One of the Indictment; he participated in the military and economic planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including more particularly the exploitation and abuse of human beings for labor in the conduct of aggressive wars.

NEURATH. The Defendant Neurath between 1932 and 1945 was a member of the Nazi Party, a general in the SS, a member of the Reichstag, Reich Minister, Reich Minister of Foreign Affairs, President of the Secret Cabinet Council, and Reich Protector for Bohemia and Moravia. The Defendant Neurath used the foregoing positions, his personal influence, and his close connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators set forth in Count One of the Indictment; he promoted the preparations for war set forth in Count One of the Indictment; he participated in the political planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; in accordance with the Führer Principle he executed, and assumed responsibility for the execution of the foreign policy plans of the Nazi conspirators set forth in Count One of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including particularly the crimes against persons and property in the occupied territories.

SCHIRACH. The Defendant Schirach between 1924 and 1945 was a member of the Nazi Party, a member of the Reichstag, Reich Youth Leader on the Staff of the SA Supreme Command, Reichsleiter in the Nazi Party for Youth Education, Leader of Youth of the German Reich, head of the Hitler Jugend, Reich Defense Commissioner, and Reichsstatthalter and Gauleiter of Vienna. The Defendant Schirach used the foregoing positions, his personal influence, and his intimate connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he promoted the psychological and educational preparations for war and the militarization of Nazi-dominated organizations set forth in Count One of the Indictment; and he authorized, directed, and participated in the Crimes against Humanity set forth in Count Four of the Indictment, including, particularly, anti-Jewish measures.

SEYSS-INQUART. The Defendant Seyss-Inquart between 1932 and 1945 was a member of the Nazi Party, a general in the SS, State Councillor of Austria, Minister of the Interior and Security of Austria, Chancellor of Austria, a member of the Reichstag, a member of the Reich Cabinet, Reich Minister without Portfolio, Chief of the Civil Administration in South Poland, Deputy Governor-General of the Polish occupied territory, and Reich Commissar for the occupied Netherlands. The Defendant Seyss-Inquart used the foregoing positions and his personal influence in such a manner that:

He promoted the seizure and the consolidation of control over Austria by the Nazi conspirators set forth in Count One of the Indictment; he participated in the political planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including a wide variety of crimes against persons and property.

STREICHER. The Defendant Streicher between 1932 and 1945 was a member of the Nazi Party, a member of the Reichstag, a general in the SA, Gauleiter of Franconia, editor in chief of the anti-Semitic newspaper Der Stürmer. The Defendant Streicher used the foregoing positions, his personal influence, and his close connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany set forth in Count One of the Indictment; he authorized, directed, and participated in the Crimes against Humanity set forth in Count Four of the Indictment, including particularly the incitement of the persecution of the Jews set forth in Count One and Count Four of the Indictment.

KEITEL. The Defendant Keitel between 1938 and 1945 was Chief of the High Command of the German Armed Forces, member of the Secret Cabinet Council, member of the Council of Ministers for the Defense of the Reich, and Field Marshal. The Defendant Keitel used the foregoing positions, his personal influence, and his intimate connection with the Führer in such a manner that:

He promoted the military preparations for war set forth in Count One of the Indictment; he participated in the political planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; he executed and assumed responsibility for the execution of the plans of the Nazi conspirators for wars of aggression and wars in violation, of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including particularly the War Crimes and Crimes against Humanity involved in the ill-treatment of prisoners of war and of the civilian population of occupied territories.

JODL. The Defendant Jodl between 1932 and 1945 was lieutenant colonel, Army Operations Department of the Wehrmacht, Colonel, Chief of OKW Operations Department, major general and Chief of Staff OKW and colonel general. The Defendant Jodl used, the foregoing positions, his personal influence, and his close connection with the Führer in such a manner that:

He promoted the accession to power of the Nazi conspirators and the consolidation, of their control over Germany set forth in Count One of the Indictment; he promoted the preparations for war set forth in Count One of the Indictment; he participated in the military planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment and the Crimes against Humanity set forth in Count Four of the Indictment, including a wide variety of crimes against persons and property.

RAEDER. The Defendant Raeder between 1928 and 1945 was Commander-in-Chief of the German Navy, Generaladmiral, Grossadmiral, Admiralinspekteur of the German Navy, and a member of the Secret Cabinet Council. The Defendant Raeder used the foregoing positions and his personal influence in such a manner that:

He promoted the preparations for war set forth in Count One of the Indictment; he participated in the political planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; he executed, and assumed responsibility for the execution of the plans of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment, including particularly War Crimes arising out of sea warfare.

DÖNITZ. The Defendant Dönitz between 1932 and 1945 was Commanding Officer of the Weddigen U-boat Flotilla, Commander-in-Chief of the U-boat arm, Vice-Admiral, Admiral, Grossadmiral, and Commander-in-Chief of the German Navy, advisor to Hitler, and successor to Hitler as head of the German Government. The Defendant Dönitz used the foregoing positions, his personal influence, and his intimate connection with the Führer in such a manner that:

He promoted the preparations for war set forth in Count One of the Indictment; he participated in the military planning and preparation of the Nazi conspirators for wars of aggression and wars in violation of international treaties, agreements, and assurances set forth in Counts One and Two of the Indictment; and he authorized, directed, and participated in the War Crimes set forth in Count Three of the Indictment, including particularly the crimes against persons and property on the High Seas.

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

APPENDIX B—STATEMENT OF CRIMINALITY OF GROUPS AND ORGANIZATIONS.

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

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

(i) Members of the ordinary cabinet after 30 January 1933, the date on which Hitler became Chancellor of the German Republic. The term “ordinary cabinet” as used herein means the Reich Ministers, i.e., heads of departments of the central Government; Reich Ministers without portfolio; State Ministers acting as Reich Ministers; and other officials entitled to take part in meetings of this cabinet.

(ii) Members of Der Ministerrat für die Reichsverteidigung (Council of Ministers for the Defense of the Reich).

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

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

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

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

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

The Prosecution expressly reserves the right to request, at any time before sentence is pronounced, that Politischer 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 Number 1, but without prejudice to other proceedings or actions against them.

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

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

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

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

The Gestapo was created by the Nazi conspirators immediately after their accession to power, first in Prussia by the Defendant Göring and shortly thereafter in all other states in the Reich. These separate secret and political police forces were developed into a centralized, uniform organization operating through a central headquarters and through a network of regional offices in Germany and in occupied territories. Its officials and operatives were selected on the basis of unconditional acceptance of Nazi ideology, were largely drawn from members of the SS, and were trained in SS and SD schools. It acted to suppress and eliminate tendencies, groups, and individuals deemed hostile or potentially hostile to the Nazi Party, its leaders, principles, and objectives, and to 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).” That organization referred to in the Indictment was a formation of the Nazi Party under the immediate jurisdiction of the Führer, 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 military 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 is responsible for the commission of the crimes set forth in Counts One, Two, Three, and Four of the Indictment.

The “General Staff and High Command of the German Armed Forces” referred to in the Indictment consists 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 Führungsstabes des Oberkommandos der Wehrmacht (Chief of the Operations Staff of the High Command of the Armed Forces); Stellvertretender Chef des Führungsstabes 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 war 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.

SIR DAVID MAXWELL-FYFE (Continuing the reading 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 the said Sovereigns by pacific means.

(Column 1) (Column 2)
6April 1941Kingdom of Greece
6April 1941Kingdom 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 disputes with the said Sovereigns by pacific means.

(Column 1) (Column 2)
1September 1939Republic of Poland
9April 1940Kingdom of Norway
9April 1940Kingdom of Denmark
10May 1940Grand-Duchy of Luxembourg
10May 1940Kingdom of Belgium
10May 1940Kingdom of the Netherlands
22June 1941Union 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)
1September 1939Republic of Poland
9April 1940Kingdom of Norway
9April 1940Kingdom of Denmark
10May 1940Kingdom of Belgium
10May 1940Kingdom of the Netherlands
10May 1940Grand-Duchy of Luxembourg
22June 1941Union 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)
9April 1940Kingdom of Norway
9April 1940Kingdom of Denmark
10May 1940Grand-Duchy of Luxembourg
10May 1940Kingdom of Belgium
10May 1940Kingdom of the Netherlands
22June 1941Union 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 1 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 Führer 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 notwithstanding 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, did, 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 of 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)
1September 1939Republic of Poland
9April 1940Kingdom of Norway
9April 1940Kingdom of Denmark
10May 1940Kingdom of Belgium
10May 1940Grand-Duchy of Luxembourg
10May 1940Kingdom of the Netherlands
6April 1941Kingdom of Greece
6April 1941Kingdom of Yugoslavia
22June 1941Union of Soviet Socialist Republics
11December 1941United 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 12 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 October 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 Führer of the German Reich.

(2) In that Germany refused and failed to join in an international guarantee of the new boundaries of the Czechoslovakian 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 that they would not 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 26 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.

THE PRESIDENT: The Tribunal will now adjourn until 10 o’clock tomorrow morning.

[The Tribunal adjourned until 21 November 1945 at 1000 hours.]

SECOND DAY
Wednesday, 21 November 1945