After the initiation of the Nazi wars of aggression the Nazi conspirators brought about a German-Italian-Japanese 10-year military-economic alliance signed at Berlin on 27 September 1940. This agreement, representing a strengthening of the bonds among those three nations established by the earlier but more limited pact of 25 November 1936, stated: “The Governments of Germany, Italy, and Japan, considering it as a condition precedent of any lasting peace that all nations of the world be given each its own proper place, have decided to stand by and co-operate with one another in regard of their efforts in Greater East Asia and regions of Europe respectively wherein it is their prime purpose to establish and maintain a new order of things calculated to promote the mutual prosperity and welfare of the peoples concerned.” The Nazi conspirators conceived that Japanese aggression would weaken and handicap those nations with which they were at war, and those with whom they contemplated war. Accordingly, the Nazi conspirators exhorted Japan to seek “a new order of things.” Taking advantage of the wars of aggression then being waged by the Nazi conspirators, Japan commenced an attack on 7 December 1941 against the United States of America at Pearl Harbor and the Philippines, and against the British Commonwealth of Nations, French Indo-China, and the Netherlands in the Southwest Pacific. Germany declared war against the United States on 11 December 1941.
(G) War Crimes and Crimes against Humanity committed in the course of executing the conspiracy for which the conspirators are responsible.
1. Beginning with the initiation of the aggressive war on 1 September 1939, and throughout its extension into wars involving almost the entire world, the Nazi conspirators carried out their Common Plan or Conspiracy to wage war in ruthless and complete disregard and violation of the laws and customs of war. In the course of executing the Common Plan or Conspiracy, there were committed the War Crimes detailed hereinafter in Count Three of this Indictment.
2. Beginning with the initiation of their plan to seize and retain total control of the German State, and thereafter throughout their utilization of that control for foreign aggression, the Nazi conspirators carried out their Common Plan or Conspiracy in ruthless and complete disregard and violation of the laws of humanity. In the course of executing the Common Plan or Conspiracy there were committed the Crimes against Humanity detailed hereinafter in Count Four of this Indictment.
3. By reason of all the foregoing, the defendants with divers other persons are guilty of a Common Plan or Conspiracy for the accomplishment of Crimes against Peace; of a conspiracy to commit Crimes against Humanity in the course of preparation for war and in the course of prosecution of war, and of a conspiracy to commit War Crimes not only against the armed forces of their enemies but also against non-belligerent civilian populations.
(H) Individual, group and organization responsibility for the offense stated in Count One.
Reference is hereby made to Appendix A of this Indictment for a statement of the responsibility of the individual defendants for the offense set forth in this Count One of the Indictment. Reference is hereby made to Appendix B of this Indictment for a statement of the responsibility of the groups and organizations named herein as criminal groups and organizations for the offenses set forth in this Count One of the Indictment.
If the Tribunal please, that ends Count One, which is America’s responsibility. Great Britain will present Count Two.
SIR DAVID MAXWELL-FYFE: If your Lordships please:
COUNT TWO—CRIMES AGAINST PEACE. Charter, Article 6 (a).