LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ECONOMIC ASPECTS OF THE CONSPIRACY
| Document | Description | Vol. | Page |
| Charter of the International Military Tribunal, Article 6, especially 6 (a). | I | 5 | |
| International Military Tribunal, Indictment Number 1, Section IV (E). | I | 21 | |
| ————— | |||
| Note: A single asterisk (*) before a document indicates that the document was received in evidence at the Nurnberg trial. A double asterisk (**) before a document number indicates that the document was referred to during the trial but was not formally received in evidence, for the reason given in parentheses following the description of the document. The USA series number, given in parentheses following the description of the document, is the official exhibit number assigned by the court. | |||
| ————— | |||
| *699-PS | Letter from Funk to Hitler, 25 August 1939, reporting on economic affairs. (GB 49) | III | 509 |
| *1168-PS | Unsigned Schacht memorandum to Hitler, 3 May 1935, concerning the financing of the armament program. (USA 37) | III | 827 |
| *1301-PS | File relating to financing of armament including minutes of conference with Goering at the Air Ministry, 14 October 1938, concerning acceleration of rearmament. (USA 123) | III | 868 |
| *2261-PS | Directive from Blomberg to Supreme Commanders of Army, Navy and Air Forces, 24 June 1935; accompanied by copy of Reich Defense Law of 21 May 1935 and copy of Decision of Reich Cabinet of 12 May 1935 on the Council for defense of the Reich. (USA 24) | IV | 934 |
| *2353-PS | Extracts from General Thomas’ Basic Facts for History of German War and Armament Economy. (USA 35) | IV | 1071 |
| *3787-PS | Report of the Second Meeting of the Reich Defense Council, 25 June 1939. (USA 782) | VI | 718 |
| *3901-PS | Letter written November 1932 by Schacht, Krupp and others to the Reich President. (USA 851) | VI | 796 |
| *D-157 | Letter from Krupp to Hitler, 25 April 1933, with enclosure. (USA 765) | VI | 1063 |
| *D-167 | Memoranda by Sonnenberg and Dr. Conn concerning exchange of intelligence involving Krupp works. (USA 766) | VI | 1069 |
| *D-203 | Speech of Hitler to leading members of industry before the election of March 1933. (USA 767) | VI | 1080 |
| *D-204 | Statement of Krupp concerning political organization of state and economy, 22 February 1933 (USA 768) | VI | 1085 |
| *D-206 | Memorandum, 12 October 1939, on distribution of propaganda abroad through foreign connections of Krupp firm. (USA 769) | VI | 1085 |
| *D-317 | Krupp speech, “Thoughts about the Industrial Enterpriser”, January 1944. (USA 770) | VII | 21 |
| *EC-14 | Speech before the Wehrmacht War College, 1 November 1937, by Major-General Thomas. (USA 758) | VII | 246 |
| *EC-27 | Address of Major-General Thomas before the Staff Instructors’ Course, on 28 February 1939 in Saarow-Pieskow. (USA 759) | VII | 250 |
| *EC-28 | Lecture of Major-General Thomas delivered, 24 May 1939, at the Foreign Office. (USA 760) | VII | 250 |
| *EC-128 | Report on state of preparations for war-economic mobilization as of 30 September 1934. (USA 623) | VII | 306 |
| *EC-174 | Summary “war economy” trip to Godesberg undertaken by General Staff between 25 May and 2 June 1937. (USA 761) | VII | 326 |
| *EC-177 | Minutes of second session of Working Committee of the Reich Defense held on 26 April 1933. (USA 390) | VII | 328 |
| *EC-252 | Letter from Schacht to Blomberg, 8 July 1937. (USA 762) | VII | 346 |
| *EC-257 | Personal letter from Schacht to Thomas, 29 December 1937. (USA 763) | VII | 347 |
| *EC-286 | Correspondence between Schacht and Goering, March-April 1937, concerning price control. (USA 833) | VII | 380 |
| *EC-293 | Letter from Schacht to Reich and Prussian Economics Minister, 24 December 1935, concerning army demands for raw material. (USA 834) | VII | 391 |
| *EC-297-A | Address in Vienna of the Reichsbank President, Dr. Schacht, 21 March 1938. (USA 632) | VII | 394 |
| *EC-369 | Correspondence between Schacht and Hitler, January 1939. (USA 631) | VII | 426 |
| *EC-383 | Letter 16 January 1937 with enclosure—article about Schacht appearing in the Military weekly Gazette. (USA 640) | VII | 436 |
| *EC-397 | Letter from Hitler to Schacht, 19 January 1939. (USA 650) | VII | 438 |
| *EC-404 | Minutes of conference of Sixth Session of Working Committee of Reichs Defense Council, held on 23 and 24 January 1934. (USA 764) | VII | 443 |
| *EC-405 | Minutes of Tenth Meeting of Working Committee of Reichs Defense Council, 26 June 1935. (GB 160) | VII | 450 |
| *EC-408 | Memorandum report about the Four Year Plan and preparation of the war economy, 30 December 1936. (USA 579) | VII | 465 |
| *EC-416 | Minutes of Cabinet Meeting, September 1936. (USA 635) | VII | 471 |
| *EC-436 | Affidavit of Puhl, 2 November 4 1945. (USA 620) | VII | 494 |
| *EC-439 | Affidavit of Schnitzler, 10 November 1945. (USA 618) | VII | 501 |
| *EC-461 | Extracts from Ambassador Dodd’s Diary, 1933-38. (USA 58) | VII | 515 |
| Affidavit J | Affidavit of Erhard Milch, 23 January 1946. | VIII | 653 |
| Chart No. 9 | The Organization of German Business. | VIII | 778 |
Chapter IX
LAUNCHING OF WARS OF AGGRESSION
I. THE PLOTTING OF AGGRESSIVE WAR
The aggressive war phase of the case against the Nazi conspirators is, in the view of the American prosecution, the heart of the case. Everything else in this case, however dramatic, however sordid, however shocking and revolting to the common instinct of civilized peoples, is incidental or subordinate to, the fact of aggressive war.
All the dramatic story of what went on in Germany in the early phases of the conspiracy—the ideologies used, the techniques of terror used, the suppressions of human freedom employed in the seizure of power, and even the concentration camps and the crimes against humanity, the persecutions, tortures and murders committed—all these things would have had little international juridical significance except for the fact that they were the preparation for the commission of aggressions against peaceful neighboring peoples. Even the aspects of the case involving “war crimes” in the strict sense are merely the inevitable, proximate result of the wars of aggression launched and waged by these conspirators, and of the kind of warfare they waged. It was total war, the natural result of the totalitarian party-dominated state that waged it; it was atrocious war, the natural result of the doctrines, designs and purposes of the Nazi conspirators.
The substantive rule of law which is controlling on this part of the case is stated in Article 6 of the Charter of the International Military Tribunal, which, so far as is pertinent here, reads as follows:
“Article 6. The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, either as individuals or as members of organizations, committed any of the following crimes.
“The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility: