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 be, 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 1 September 1939, and until 8 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

their 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 1 September 1939.

Since 1 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 Kislovdosk all Jews were made to give up their property: 2,000 were

shot in an anti-tank ditch at Mineraliye 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 this 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.

/s/ ROBERT H. JACKSON.

_Acting on Behalf of the United

States of America._

/s/ FRANÇOIS DE MENTHON.

_Acting on Behalf of the French

Republic._

/s/ HARTLEY SHAWCROSS.

_Acting on Behalf of the United

Kingdom of Great Britain and

Northern Ireland._

/s/ R. RUDENKO.

_Acting on Behalf of the Union of

Soviet Socialist Republics._

Berlin, 6 October 1945.

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 establishing the individual responsibility of the

defendant according to Article 6 of the Charter of the Tribunal.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01 · 第 65 / 199 题