JUDGMENT

On 8 August 1945, the Government of the United Kingdom of Great Britain

and Northern Ireland, the Government of the United States of America,

the Provisional Government of the French Republic, and the Government of

the Union of Soviet Socialist Republics entered into an Agreement

establishing this Tribunal for the Trial of War Criminals whose offenses

have no particular geographical location. In accordance with Article 5,

the following Governments of the United Nations have expressed their

adherence to the Agreement:

Greece, Denmark, Yugoslavia, the Netherlands, Czechoslovakia, Poland,

Belgium, Ethiopia, Australia, Honduras, Norway, Panama, Luxembourg,

Haiti, New Zealand, India, Venezuela, Uruguay, and Paraguay.

By the Charter annexed to the Agreement, the constitution, jurisdiction,

and functions of the Tribunal were defined.

The Tribunal was invested with power to try and punish persons who had

committed Crimes against Peace, War Crimes, and Crimes against Humanity

as defined in the Charter.

The Charter also provided that at the Trial of any individual member of

any group or organization the Tribunal may declare (in connection with

any act of which the individual may be convicted) that the group or

organization of which the individual was a member was a criminal

organization.

In Berlin, on 18 October 1945, in accordance with Article 14 of the

Charter, an Indictment was lodged against the defendants named in the

caption above, who had been designated by the Committee of the Chief

Prosecutors of the signatory Powers as major war criminals.

A copy of the Indictment in the German language was served upon each

defendant in custody, at least 30 days before the Trial opened.

This Indictment charges the defendants with Crimes against Peace by the

planning, preparation, initiation, and waging of wars of aggression,

which were also wars in violation of international treaties, agreements,

and assurances; with War Crimes; and with Crimes against Humanity. The

defendants are also charged with participating in the formulation or

execution of a common plan or conspiracy to commit all these crimes. The

Tribunal was further asked by the Prosecution to declare all the named

groups or organizations to be criminal within the meaning of the

Charter.

The Defendant Robert Ley committed suicide in prison on 25 October 1945.

On 15 November 1945 the Tribunal decided that the Defendant Gustav Krupp

von Bohlen und Halbach could not then be tried because of his physical

and mental condition, but that the charges against him in the Indictment

should be retained for trial thereafter, if the physical and mental

condition of the defendant should permit. On 17 November 1945 the

Tribunal decided to try the Defendant Bormann in his absence under, the

provisions of Article 12 of the Charter. After argument, and

consideration of full medical reports, and a statement from the

defendant himself, the Tribunal decided on 1 December 1945 that no

grounds existed for a postponement of the Trial against the Defendant

Hess because of his mental condition. A similar decision was made in the

case of the Defendant Streicher.

In accordance with Articles 16 and 23 of the Charter, Counsel were

either chosen by the defendants in custody themselves, or at their

request were appointed by the Tribunal. In his absence the Tribunal

appointed Counsel for the Defendant Bormann, and also assigned Counsel

to represent the named groups or organizations.

The Trial, which was conducted in four languages—English, Russian,

French, and German—began on 20 November 1945, and pleas of “Not Guilty”

were made by all the defendants except Bormann.

The hearing of evidence and the speeches of Counsel concluded on 31

August 1946.

Four hundred and three open sessions of the Tribunal have been held.

Thirty-three witnesses gave evidence orally for the Prosecution against

the individual defendants and 61 witnesses, in addition to 19 of the

defendants, gave evidence for the Defense.

A further 143 witnesses gave evidence for the Defense by means of

written answers to interrogatories.

The Tribunal appointed Commissioners to hear evidence relating to the

organizations, and 101 witnesses were heard for the Defense before the

Commissioners, and 1,809 affidavits from other witnesses were submitted.

Six reports were also submitted, summarizing the contents of a great

number of further affidavits.

Thirty-eight thousand affidavits, signed by 155,000 people, were

submitted on behalf of the Political Leaders, 136,213 on behalf of the

SS, 10,000 on behalf of the SA, 7,000 on behalf of the SD, 3,000 on

behalf of the General Staff and OKW, and 2,000 on behalf of the Gestapo.

The Tribunal itself heard 22 witnesses for the organizations. The

documents tendered in evidence for the Prosecution of the individual

defendants and the organizations numbered several thousands. A complete

stenographic record of everything said in Court has been made, as well

as an electrical recording of all the proceedings.

Copies of all the documents put in evidence by the Prosecution have been

supplied to the Defense in the German language. The applications made by

the defendants for the production of witnesses and documents raised

serious problems in some instances, on account of the unsettled state of

the Country. It was also necessary to limit the number of witnesses to

be called, in order to have an expeditious hearing, in accordance with

Article 18 (c) of the Charter. The Tribunal, after examination, granted

all those applications which in its opinion were relevant to the defense

of any defendant or named group or organization, and were not

cumulative. Facilities were provided for obtaining those witnesses and

documents granted through the office of the General Secretary

established by the Tribunal.

Much of the evidence presented to the Tribunal on behalf of the

Prosecution was documentary evidence, captured by the Allied armies in

German army headquarters, Government buildings, and elsewhere. Some of

the documents were found in salt mines, buried in the ground, hidden

behind false walls and in other places thought to be secure from

discovery. The case, therefore, against the defendants rests in a large

measure on documents of their own making, the authenticity of which has

not been challenged except in one or two cases.

_The Charter Provisions_

The individual defendants are indicted under Article 6 of the Charter,

which is 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, whether 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:

“(a) Crimes Against Peace: namely, planning, preparation,

initiation or waging of a war of aggression, or a war in

violation of international treaties, agreements or assurances,

or participation in a common plan or conspiracy for the

accomplishment of any of the foregoing:

“(b) War Crimes: namely, violations of the laws or customs of

war. Such violations shall include, but not be limited to,

murder, ill-treatment or deportation to slave labor or for any

other purpose of civilian population of or in occupied

territory, murder or ill-treatment of prisoners of war or

persons on the seas, killing of hostages, plunder of public of

private property, wanton destruction of cities, towns or

villages, or devastation not justified by military necessity:

“(c) Crimes Against Humanity: namely, murder, extermination,

enslavement, deportation, and other inhumane acts committed

against any civilian population, before or during the war, or

persecutions on political, racial, or religious grounds in

execution of or in connection with any crime within the

jurisdiction of the Tribunal, whether or not in violation of the

domestic law of the country where perpetrated.

“Leaders, organizers, instigators, and accomplices,

participating in the formulation or execution of a common plan

or conspiracy to commit any of the foregoing crimes are

responsible for all acts performed by any persons in execution

of such plan.”

These provisions are binding upon the Tribunal as the law to be applied

to the case. The Tribunal will later discuss them in more detail; but,

before doing so, it is necessary to review the facts. For the purpose of

showing the background of the aggressive war and war crimes charged in

the Indictment, the Tribunal will begin by reviewing some of the events

that followed the first World War, and in particular, by tracing the

growth of the Nazi Party under Hitler’s leadership to a position of

supreme power from which it controlled the destiny of the whole German

People, and paved the way for the alleged commission of all the crimes

charged against the defendants.

_The Nazi Regime in Germany

the Origin and Aims of the Nazi Party_

On 5 January 1919, not two months after the conclusion of the Armistice

which ended the first World War, and six months before the signing of

the peace treaties at Versailles, there came into being in Germany a

small political party called the German Labor Party. On 12 September

1919 Adolf Hitler became a member of this Party, and at the first public

meeting held in Munich, on 24 February 1920, he announced the Party’s

program. That program, which remained unaltered until the Party was

dissolved in 1945, consisted of 25 points, of which the following five

are of particular interest on account of the light they throw on the

matters with which the Tribunal is concerned:

“_Point 1._ We demand the unification of all Germans in the

Greater Germany, on the basis of the right of self-determination

of peoples.

_Point 2._ We demand equality of rights for the German People in

respect to the other nations; abrogation of the peace treaties

of Versailles and Saint Germain.

_Point 3._ We demand land and territory for the sustenance of

our people, and the colonization of our surplus population.

_Point 4._ Only a member of the race can be a citizen. A member

of the race can only be one who is of German blood, without

consideration of creed. Consequently no Jew can be a member of

the race . . . .

_Point 22._ We demand abolition of the mercenary troops and

formation of a national army.”

Of these aims, the one which seems to have been regarded as the most

important, and which figured in almost every public speech, was the

removal of the “disgrace” of the Armistice, and the restrictions of the

peace treaties of Versailles and Saint Germain. In a typical speech at

Munich on 13 April 1923, for example, Hitler said with regard to the

Treaty of Versailles:

“The Treaty was made in order to bring 20 million Germans to

their deaths, and to ruin the German Nation . . . . At its

foundation our movement formulated three demands:

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01 · 第 184 / 199 题