2. Membership in such organization must be generally voluntary, although a minor proportion of involuntary members will not affect the position.
3. The aims of the organizations must be criminal in the sense that its objects included the performance of acts denounced as crimes by Article 6 of the Charter.
4. The criminal aims or methods of the organization must have been of such a character that a reasonable man would have constructive knowledge of the organization which he was joining; that is, that he ought to have known what type of organization he was joining.
5. Some individual defendants, at least one, must have been a member of the organization and must be convicted of some act on the basis of which a declaration of the criminality of the organization can be made.
I do not think that I can avoid applying these tests to each of the organizations, but I conceive that this can be done with brevity, and I therefore propose to deal with the organizations seriatim.
I take first the Reichsregierung. Under Appendix B of the Indictment this group is defined as consisting of three classes:
1. Members of the ordinary cabinet after the 30th of January 1933. The term “ordinary cabinet” is in turn used as meaning: (a) Reich ministers that is, heads of departments; (b) Reich ministers without portfolio; (c) State ministers acting as Reich ministers, (d) other officials entitled to take part in meetings of the cabinet.
The second division is members of the Council of Ministers for the Defense of the Reich.
The third division, members of the Secret Cabinet Council.
It is submitted that, on the evidence placed before the Tribunal, there is no doubt that the first of Mr. Justice Jackson’s points, Point 1, is complied with in that there is an identifiable relationship with a collective general purpose, and that this organization is generally voluntary, within Point 2.