Research paper on Nuremberg trail

Competition of lord of international law

Topic

Victors justice is justified or not?

Team

Victors

Ahsan Qadeer

Yahya Bukhari

Aqsa rasool

Iram yousaf

Contents

Background of Nuremberg trail

During the First World War, the Allied leaders came up with a new concept, that as soon as their

victory was achieved, defeated enemy leaders should face criminal charges for international law

violations made during the war. On 25 January 1919, during the Paris Peace Conference, the

Allied governments established the Commission of Responsibilities to make recommendations to

that effect. As a result, articles 227-230 of the Treaty of Versailles stipulated for the arrest and

trial of German officials defined as war criminals by the allied governments. Article 227

stipulated for a special tribunal to be established, presided by a judge from each one of the major

allied powers - Great Britain, France, Italy, United States and Japan. It also defined the former

Kaiser Wilhelm II as war criminal and demanded an extradition request to be addressed to the

Dutch government, which had given him asylum in Holland since he abdicated in November

1918. Article 228 allowed the Allied governments to try in their military tribunals any German

war criminal they deemed necessary, notwithstanding any proceedings taken against the same

persons in German courts. The German government was demanded to comply with any

extradition order issued by the Allied powers to that effect.

Following the conclusion of the treaty, the Allied government began their legal and diplomatic

efforts to arrest the former Kaiser. On 28 June 1919, the same day the treaty was signed, the

President of the Paris Peace Conference addressed a diplomatic note to the Dutch government,

requesting the extradition of the ex-Kaiser. On 7 July came the Dutch reply that any extradition

of the former Kaiser would be a violation of Dutch neutrality. Eventually the issue of trying the

ex-Kaiser was dropped, and he remained in Holland until his death on 4 June 1941.

On 3 February 1920, the Allies submitted to the German government a list of 900 names of other

individuals accused of committing alleged war crimes. However, the Germans refused to

extradite any German citizens to Allied governments, and suggested instead trying them in the

German justice system, i.e. the Reichsgericht in Leipzig. This proposal was accepted by the

Allied leaders, and in May 1920 they handed the German government a reduced list of 45

persons to be tried. Not all these people could be traced, and in many cases there was difficulty

in finding credible evidence. In the event only twelve individuals were brought to trial.

The Nuremberg Trials were a series of military tribunals, held by the Allied forces of World

War II, most notable for the prosecution of prominent members of the political, military, and

economic leadership of Nazi Germany. The trials were held in the city of Nuremberg. The first

and best known of these trials, described as "the greatest trial in history" by Norman Birkett, one

of the British judges who presided over it, was the Trial of the Major War Criminals before

the International Military Tribunal (IMT). Held between 20 November 1945 and 1 October

1946, the Tribunal was given the task of trying 23 of the most important political and military

leaders of the Third Reich, though one of the defendants, Martin Bormann, was tried in absentia,

while another, Robert Ley, committed suicide within a week of the trial's commencement. Not

included were Adolf Hitler, Heinrich Himmler, and Joseph Goebbels, all of whom had

committed suicide several months before the indictment was signed. The second set of trials of

lesser war criminals was conducted under Control Council Law No. 10 at the US Nuremberg

Military Tribunals (NMT); among them included the Doctors' Trial and the Judges' Trial. This

article primarily deals with the IMT; see the Subsequent Nuremberg Trials for details on those

trials.

Nazi Anti-Jewish Laws

Shortly after Hitler's appointment as Reich Chancellor on January 30, 1933, the

Reichstag (German parliament) began to institute a series of anti-Jewish decrees. Sections

of these laws are quoted below:

April 7, 1933

Laws for the Restoration of the Professional Civil Service "Civil servants who are not of Aryan (non-Jewish) descent are to be retired."

April 7, 1933

Law Regarding Admission to the Bar "Persons who, according to the Law for the Restoration of the Professional Civil Service

of April 7, 1933, are of non-Aryan descent may be denied admission to the bar."

April 25, 1933

Law Against the Crowding of German Schools

and Institutions of Higher Learning "In new admissions, care is to be taken that the number of Reich Germans who,

according to the Law for the Restoration of the Professional Civil Service of April 7,

1933, are of non-Aryan descent, out of the total attending each school and each faculty,

does not exceed the proportion of non-Aryans within the Reich German population."

Nuremberg Laws

With the passage of the Nuremberg Laws by the Reichstag on September 15, 1935, the

first direct attack on individual Jews was launched. These laws mark a sharp progression

toward an irreversible anti-Semitic policy. In the future, no Jew would be able to escape

intensified persecution.

September 15, 1935

Law for the Protection of German Blood and German Honor "Marriages between Jews and subjects of German or kindred blood are

forbidden...Extramarital intercourse forbidden between Jews and subjects of German or

kindred blood...Jews are forbidden to fly the Reich and national flag and to display Reich

colors...They are, on the other hand, allowed to display the Jewish colors...Whoever

violates the prohibition...will be punished by penal servitude."

September 15, 1935

Reich Citizenship Law "A Reich citizen is only that subject of German or kindred blood who proves by his

conduct that he is willing and suited loyally to serve the German people and the Reich."

November 14, 1935

First Decree to the Reich Citizenship Law "A Jew cannot be a Reich citizen. He is not entitled to the right to vote on political

matters; he cannot hold public office...A Jew is anyone descended from at least three

grandparents who are fully Jewish as regards race...Also deemed a Jew is a Jewish

Mischlung subject who is descended from two fully Jewish grandparents and...who

belonged to the Jewish religious community...who was married to a Jew...who is the

offspring of a marriage concluded by a Jew...who is an offspring of extramarital

intercourse with a Jew..."

August 17, 1938

Second Decree for the Implementation of the

Law Regarding Changes of Family Names

"Jews may be given only such given names as are listed in the Guidelines on the Use of Given

Names issued by the Reich Minister of the Interior... Insofar as Jews have other given names

than those which may be given to Jews...they are obligated, beginning January 1, 1939, to

assume an additional given name, namely the given name Israel in the case of males and the

given name Sarah in the case of females."

Holocaust

The Holocaust was the systematic, bureaucratic, state-sponsored persecution and murder of

approximately six million Jews by the Nazi regime and its collaborators. "Holocaust" is a word

of Greek origin meaning "sacrifice by fire." The Nazis, who came to power in Germany in

January 1933, believed that Germans were "racially superior" and that the Jews, deemed

"inferior," were an alien threat to the so-called German racial community.

During the era of the Holocaust, German authorities also targeted other groups because of their

perceived "racial inferiority": Roma (Gypsies), the disabled, and some of the Slavic peoples

(Poles, Russians, and others). Other groups were persecuted on political, ideological, and

behavioral grounds, among them Communists, Socialists, Jehovah's Witnesses, and

homosexuals.

WHAT WAS THE HOLOCAUST?

In 1933, the Jewish population of Europe stood at over nine million. Most European Jews lived

in countries that Nazi Germany would occupy or influence during World War II. By 1945, the

Germans and their collaborators\ b killed nearly two out of every three European Jews as part of

the "Final Solution," the Nazi policy to murder the Jews of Europe. Although Jews, whom the

Nazis deemed a priority danger to Germany, were the primary victims of Nazi racism, other

victims included some 200,000 Roma (Gypsies). At least 200,000 mentally or physically

disabled patients, mainly Germans, living in institutional settings, were murdered in the so-called

Euthanasia Program.

As Nazi tyranny spread across Europe, the Germans and their collaborators persecuted and

murdered millions of other people. Between two and three million Soviet prisoners of war were

murdered or died of starvation, disease, neglect, or maltreatment. The Germans targeted the non-

Jewish Polish intelligentsia for killing, and deported millions of Polish and Soviet civilians for

forced labor in Germany or in occupied Poland, where these individuals worked and often died

under deplorable conditions. From the earliest years of the Nazi regime, German authorities

persecuted homosexuals and others whose behavior did not match prescribed social norms.

German police officials targeted thousands of political opponents (including Communists,

Socialists, and trade unionists) and religious dissidents (such as Jehovah's Witnesses). Many of

these individuals died as a result of incarceration and maltreatment.

ADMINISTRATION OF THE "FINAL SOLUTION"

In the early years of the Nazi regime, the National Socialist government established

concentration camps to detain real and imagined political and ideological opponents.

Increasingly in the years before the outbreak of war, SS and police officials incarcerated Jews,

Roma, and other victims of ethnic and racial hatred in these camps. To concentrate and monitor

the Jewish population as well as to facilitate later deportation of the Jews, the Germans and their

collaborators created ghettos, transit camps, and forced-labor camps for Jews during the war

years. The German authorities also established numerous forced-labor camps, both in the so-

called Greater German Reich and in German-occupied territory, for non-Jews whose labor the

Germans sought to exploit.

Following the invasion of the Soviet Union in June 1941, Einsatzgruppen (mobile killing units)

and, later, militarized battalions of Order Police officials, moved behind German lines to carry

out mass-murder operations against Jews, Roma, and Soviet state and Communist Party officials.

German SS and police units, supported by units of the Wehrmacht and the Waffen SS, murdered

more than a million Jewish men, women, and children, and hundreds of thousands of others.

Between 1941 and 1944, Nazi German authorities deported millions of Jews from Germany,

from occupied territories, and from the countries of many of its Axis allies to ghettos and to

killing centers, often called extermination camps, where they were murdered in specially

developed gassing facilities.

Historical Importance of Auschwitz: At Auschwitz, the largest of the Nazi's death camps, 1.1

million people were murdered, mostly Jews. Auschwitz has become a symbol of death, the

Holocaust, and the destruction of European Jewry.

Dates: May 1940 -- January 27, 1945

Camp Commandants: Rudolf Hss, Arthur Liebehenschel, Richard Baer

An Overview of the Auschwitz Concentration Camp:

Auschwitz, one of the five "death camps" constructed by the Nazis, was the most streamlined

mass killing center ever created.

Auschwitz Was Established

On April 27, 1940, Heinrich Himmler ordered the construction of a new camp near Oswiecim,

Poland (about 37 miles or 60 km west of Krakow). The Auschwitz Concentration Camp

("Auschwitz" is the German spelling of "Oswiecim") quickly became the largest Nazi

concentration and death camp. By the time of its liberation, Auschwitz had grown to include

three large camps and 45 sub-camps.

Auschwitz I (or "the Main Camp") was the original camp. This camp housed prisoners, was the

location of medical experiments, and the site of Block 11 (a place of severe torture) and the

Black Wall (a place of execution). At the entrance of Auschwitz I stood the infamous sign that

stated "Arbeit Macht Frei" ("work makes one free"). Auschwitz I also housed the Nazi staff that

ran the entire camp complex.

Auschwitz II (or "Birkenau") was completed in early 1942. Birkenau was built approximately

1.9 miles (3 km) away from Auschwitz I and was the real killing center of the Auschwitz death

camp. It was in Birkenau where the dreaded selections were carried out on the ramp and where

the sophisticated and camouflaged gas chambers laid in waiting. Birkenau, much larger than

Auschwitz I, housed the most prisoners and included areas for women and Gypsies.

Auschwitz III (or "Buna-Monowitz") was built last as "housing" for the forced laborers at the

Buna synthetic rubber factory in Monowitz. The 45 other sub-camps also housed prisoners that

were used for forced labor.

Arrival and Selection

Jews, Gypsies (Roma), homosexuals, asocials, criminals, and prisoners of war were gathered,

stuffed into cattle cars on trains, and sent to Auschwitz. When the trains stopped at Auschwitz II:

Birkenau, the newly arrived were told to leave all their belongings on board and were then forced

to disembark from the train and gather upon the railway platform, known as "the ramp."

Families, who had disembarked together, were quickly and brutally split up as an SS officer,

usually a Nazi doctor, ordered each individual into one of two lines. Most women, children,

older men, and those that looked unfit or unhealthy were sent to the left; while most young men

and others that looked strong enough to do hard labor were sent to the right. Unbeknownst to the

people in the two lines, the left line meant immediate death at the gas chambers and the right

meant that they would become a prisoner of the camp. (Most of the prisoners would later die

from starvation, exposure, forced labor, and/or torture.)

Once the selections had been concluded, a select group of Auschwitz prisoners (part of

"Kanada") gathered up all the belongings that had been left on the train and sorted them into

huge piles, which were then stored in warehouses. These items (including clothing, eye glasses,

medicine, shoes, books, pictures, jewelry, and prayer shawls) would periodically be bundled and

shipped back to Germany.

Gas Chambers and Crematoria at Auschwitz

The people who were sent to the left, which was the majority of those who arrived at Auschwitz,

were never told that they had been chosen for death. The entire mass murder system depended on

keeping this secret from its victims. If the victims had known they were headed to their death,

they would most definitely have fought back.

But they didn't know, so the victims latched onto the hope that the Nazis wanted them to believe.

Having been told that they were going to be sent to work, the masses of victims believed it when

they were told they first needed to be disinfected and have showers.

The victims were ushered into an ante-room, where they were told to remove all their clothing.

Completely naked, these men, women, and children were then ushered into a large room that

looked like a big shower room (there were even fake shower heads on the walls). When the doors

shut, a Nazi would pour Zyklon-B pellets into an opening (in the roof or through a window)

which would turn into poison gas once it contacted air.

The gas killed quickly, but it was not instantaneous. Victims, finally realizing that this was not a

shower room, clambered over each other, trying to find a pocket of breathable air. Others would

claw at the doors until their fingers bled.

Once everyone in the room was dead, special prisoners assigned this horrible task

(Sonderkommandos) would air out the room and then remove the bodies. The bodies would be

searched for gold and then placed into the crematoria.

Although Auschwitz I did have a gas chamber, the majority of the mass murdering occurred in

Auschwitz II: Birkenau's four main gas chambers, each of which had its own crematorium. Each

of these gas chambers could murder about 6,000 people a day.

Life in the Auschwitz Concentration Camp

Those that had been sent to the right during the selection process on the ramp went through a

dehumanizing process that turned them into camp prisoners. All of their clothes and any

remaining personal belongings were taken from them and their hair was shorn completely off.

They were given striped prison outfits and a pair of shoes, all of which were usually the wrong

size. They were then registered, had their arms tattooed with a number, and transferred to one of

Auschwitz's camps for forced labor.

The new arrivals were then thrown into the cruel, hard, unfair, horrific world of camp life.

Within their first week at Auschwitz, most new prisoners had discovered the fate of their loved

ones that had been sent to the left. Some of the new prisoners never recovered from this news.

In the barracks, prisoners slept cramped together with three prisoners per wooden bunk. Toilets

in the barracks consisted of a bucket, which had usually overflowed by morning. In the morning,

all prisoners would be assembled outside for roll call (Appell). Standing outside for hours at roll

call, whether in intense heat or below freezing temperatures, was itself a torture.

After roll call, the prisoners would be marched to the place where they were to work for the day.

While some prisoners worked inside factories, others worked outside doing hard labor. After

hours of hard work, the prisoners would be marched back to camp for another roll call.

Food was scarce and usually consisted of a bowl of soup and some bread. The limited amount of

food and extremely hard labor was intentionally meant to work and starve the prisoners to death.

Medical Experiments

Also on the ramp, Nazi doctors would search among the new arrivals for anyone they might want

to experiment upon. Their favorite choices were twins and dwarves, but also anyone who in any

way looked physically unique, such as having different colored eyes, would be pulled from the

line for experiments.

At Auschwitz, there was a team of Nazi doctors who conducted experiments, but the two most

notorious were Dr. Carl Clauberg and Dr. Josef Mengele. Dr. Clauberg focused his attention on

finding ways to sterilize women, by such unorthodox methods as X-rays and injections of

various substances into their uteruses. Dr. Mengele experimented on identical twins, hoping to

find a secret to cloning what Nazis considered the perfect Aryan.

Liberation

When the Nazis realized that the Russians were successfully pushing their way toward Germany

in late 1944, they decided to start destroying evidence of their atrocities at Auschwitz. Himmler

ordered the destruction of the crematoria and the human ashes were buried in huge pits and

covered with grass. Many of the warehouses were emptied, with their contents shipped back to

Germany.

In the middle of January 1945, the Nazis removed the last 58,000 prisoners from Auschwitz and

sent them on death marches. The Nazis planned on marching these exhausted prisoners all the

way to camps closer or within Germany.

On January 27, 1945, the Russians reached Auschwitz. When the Russians entered the camp,

they found the 7,650 prisoners who had been left behind. The camp was liberated; these

prisoners were now free.

THE END OF THE HOLOCAUST

In the final months of the war, SS guards moved camp inmates by train or on forced marches,

often called death marches, in an attempt to prevent the Allied liberation of large numbers of prisoners. As Allied forces moved across Europe in a series of offensives against Germany, they

began to encounter and liberate concentration camp prisoners, as well as prisoners en route by

forced march from one camp to another. The marches continued until May 7, 1945, the day the

German armed forces surrendered unconditionally to the Allies. For the western Allies, World

War II officially ended in Europe on the next day, May 8 (V-E Day), while Soviet forces

announced their Victory Day on May 9, 1945.

In the aftermath of the Holocaust, many of the survivors found shelter in displaced persons (DP)

camps administered by the Allied powers. Between 1948 and 1951, almost 700,000 Jews

emigrated to Israel, including 136,000 Jewish displaced persons from Europe. Other Jewish DPs

emigrated to the United States and other nations. The last DP camp closed in 1957. The crimes

committed during the Holocaust devastated most European Jewish communities and eliminated

hundreds of Jewish communities in occupied eastern Europe entirely.

World War II (19391945) Allied Countries

Axis powers (Germany, Italy, Japan, Hungary, Romania, Bulgaria)

Versus

Allies (U.S., Britain, France, USSR, Australia, Belgium, Brazil, Canada, China, Denmark,

Greece, Netherlands, New Zealand, Norway, Poland, South Africa, Yugoslavia).

1939 Germany invades Poland and annexes Danzig; Britain and France give Hitler ultimatum

(Sept. 1), declare war (Sept. 3). Disabled German pocket battleship Admiral Graf Spee

blown up off Montevideo, Uruguay, on Hitler's orders (Dec. 17). Limited activity

(Sitzkrieg) on Western Front. 1940

Nazis invade Netherlands, Belgium, and Luxembourg (May 10). Chamberlain resigns as

Britain's prime minister; Churchill takes over (May 10). Germans cross French frontier

(May 12) using air/tank/infantry Blitzkrieg tactics. Dunkerque evacuation > about 335,000 out of 400,000 Allied soldiers rescued from Belgium by British civilian and

naval craft (May 26June 3). Italy declares war on France and Britain; invades France (June 10). Germans enter Paris; city undefended (June 14). France and Germany sign

armistice at Compigne (June 22). Nazis bomb Coventry, England (Nov. 14).

1941 Germans launch attacks in Balkans. Yugoslavia surrendersGeneral Mihajlovic continues guerrilla warfare; Tito leads left-wing guerrillas (April 17). Nazi tanks enter

Athens; remnants of British Army quit Greece (April 27). Hitler attacks Russia (June

22). Atlantic CharterFDR and Churchill agree on war aims (Aug. 14). Japanese attacks on Pearl Harbor, Philippines, Guam force U.S. into war; U.S. Pacific fleet crippled (Dec.

7). U.S. and Britain declare war on Japan. Germany and Italy declare war on U.S.;

Congress declares war on those countries (Dec. 11).

1942 British surrender Singapore to Japanese (Feb. 15). Roosevelt orders Japanese and

Japanese Americans in western U.S. to be exiled to relocation centers, many for the remainder of the war (Feb. 19). U.S. forces on Bataan peninsula in Philippines surrender

(April 9). U.S. and Filipino troops on Corregidor island in Manila Bay surrender to

Japanese (May 6). Village of Lidice in Czechoslovakia razed by Nazis (June 10). U.S.

and Britain land in French North Africa (Nov. 8).

1943 Casablanca ConferenceChurchill and FDR agree on unconditional surrender goal (Jan. 1424). German 6th Army surrenders at Stalingradturning point of war in Russia (Feb. 12). Remnants of Nazis trapped on Cape Bon, ending war in Africa (May 12).

Mussolini deposed; Badoglio named premier (July 25). Allied troops land on Italian

mainland after conquest of Sicily (Sept. 3). Italy surrenders (Sept. 8). Nazis seize Rome

(Sept. 10). Cairo Conference: FDR, Churchill, Chiang Kai-shek pledge defeat of Japan,

free Korea (Nov. 2226). Tehran Conference: FDR, Churchill, Stalin agree on invasion plans (Nov. 28Dec. 1).

1944 U.S. and British troops land at Anzio on west Italian coast and hold beachhead (Jan. 22).

U.S. and British troops enter Rome (June 4). D-DayAllies launch Normandy invasion (June 6). Hitler wounded in bomb plot (July 20). Paris liberated (Aug. 25). Athens freed

by Allies (Oct. 13). Americans invade Philippines (Oct. 20). Germans launch

counteroffensive in BelgiumBattle of the Bulge (Dec. 16). 1945

Yalta Agreement signed by FDR, Churchill, Stalinestablishes basis for occupation of Germany, returns to Soviet Union lands taken by Germany and Japan; USSR agrees to

friendship pact with China (Feb. 11). Mussolini killed at Lake Como (April 28). Admiral

Doenitz takes command in Germany; suicide of Hitler announced (May 1). Berlin falls

(May 2). Germany signs unconditional surrender terms at Rheims (May 7). Allies

declare V-E Day (May 8). Potsdam ConferenceTruman, Churchill, Atlee (after July 28), Stalin establish council of foreign ministers to prepare peace treaties; plan German

postwar government and reparations (July 17Aug. 2). A-bomb dropped on Hiroshima by U.S. (Aug. 6). USSR declares war on Japan (Aug. 8). Nagasaki hit by A-bomb (Aug.

9). Japan agrees to surrender (Aug. 14). V-J DayJapanese sign surrender terms aboard battleship Missouri (Sept. 2).

LONDON AGREEMENT OF 8 AUGUST 1945

Agreement by the Government of the United States of America, the Provisional

Government of the French Republic, the Government of the United Kingdom of

Great Britain and Northern Ireland, and the Government of the Union of Soviet

Socialist Republics for the Prosecution and Punishment of the Major War Criminals

of the European Axis.

WHEREAS the United Nations have from time to time made declarations of their intention

that war criminals shall be brought to justice;

AND WHEREAS the Moscow Declaration of 30 October 1943 on German atrocities in

Occupied Europe stated that those German officers and men and members of the Nazi Party

who have been responsible for or have taken a consenting part in atrocities and crimes will be

sent back to the countries in which their abominable deeds were done in order that they may be

judged and punished according to the laws of these liberated countries and of the free

Governments that will be created therein;

AND WHEREAS this Declaration was stated to be without prejudice to the case of major

criminals whose offenses have no par-ticular geographic location and who will be punished by

the joint decision of the Governments of the Allies;

NOW THEREFORE the Government of the United States of America, the Provisional

Government of the French Republic, the Government of the United Kingdom of Great Britain

and Northern Ireland, and the Government of the Union of Soviet Socialist Repub- lics

(hereinafter called "the Signatories") acting in the interests of

a.11 the United Nations and by their representatives duly authorized thereto have concluded this

Agreement.

Article 1. There shall be established after consultation with the Control Council for Germany an

International Military Tribunal for the trial of war criminals whose offenses have no particular

geo- graphical location whether they be accused individually or in their capacity as members of

organizations or groups or in both capacities.

Article 2. The constitution, jurisdiction, and functions of the Inter- national Military Tribunal

shall be those set out in the Charter annexed to this Agreement, which Charter shall form an

integral part of this Agreement.

Article 3. Each of the Signatories shall take the necessary steps to make available for the

investigation of the charges and trial the. major war criminals detained by them who are to be tried by the International Military Tribunal. The Signatories shall also use their best endeavors to

make available for investigation of the charges against and the trial before theJnternationa1

Military Tribunal such of the major war criminals as are not in the territories of any of the

Signatories.

Artide 4. Nothing in this Agreement shall prejudice. the provisions established by the Moscow

Declaration concerning the return of war criminals to the countries where they committed their

crimes.

Article 5. Any Government of the United Nations may adhere to this Agreement by notice given

through the diplomatic channel to the Government of the United Kingdom, who shall inform the

other

signatory and adhering Governments of each such adherence.* .

Article 6. Nothing in this Agreement shall prejudice the jurisdic- tion or the powers of any

national or occupation court established or to be established in any Allied territory or in

Germany for the trial of war criminals.

drticle 7. This Agreement'shall come into force on the day of sig- nature and shall remain in

force for the period of one year and shall continue thereafter, subject to the right of any Signatory

to give, through the diplomatic channel, one month's notice of inten- tion to terminate it. Such

termination shall not prejudice any pro- ceedings already taken or any findings already made in

pursuance of this Agreement.

IN WITNESS WHEREOF the Undersigned have signed the pres- ent Agreement.

DONE in quadruplicate in London this 8th day of August 1945 each in English, French, and

Russian, and each text to have equal authenticity.

For the Government of the United States of America

1s I ROBERT H. JACKSON

For the Provisional Government of the French Republic

IS/ ROBERT FALCO

For the Govern.ment of the United Kingdom of Great

Britain and Northern Ireland /SJ' JOWITT

For the ~overnment of the Union of Soviet Socialist Republics s

I. NIKITCHENKO 1s1 A. TRAININ

* In accordance with Article 5, the following Governments of the United Nations have expressed their adherence to the Agreement: Greece, Denmark, Yugoslavia, the Netherlands, Caeeho-slovakia, Poland, Belgium, Ethiopia, Australia, Honduras,

Norway, Panama, Luxembourg, Haiti, New Zealand, India, Venezuela, Uruguay, and Paraguay.

CHARTER OF THE INTERNATIONAL MILITARY TRIBUNAL

I. CONSTITUTION OF THE

INTERNATIONAL MILITARY TRIBUNAL

Article 1. In pursuance of the Agreement signed on the 8th day of August 1945 by the Government of the United States of America, the Provisional-Government of the French Republic, the Government of the United Kingdom of

Great Britain and Northern Ireland, and the Government of the Union of Soviet Socialist Republics, there shall be

established an International Military Tribunal (hereinafter called "the Tribunal") for the just and prompt trial and

punishment of the major war criminals of the European Axis.

Article 2. The Tribunal shall consist of four members, each with an alternate. One member and one alternate shall be

appointed by each of the Signatories. The alternates shall, so far as they are able, be present at all sessions of the

Tribunal. In case of illness of any member of the Tribunal or his incapacity for some other reason to fulfill his

functions, his alternate shall take his place.

Article 3. Neither the Tribunal, its members nor their alternates can be challenged by the Prosecution, or by the

defendants or their counsel. Each Signatory may replace its member of the Tribunal pr his alternate for reasons of

health or for other good reasons, except that no replacement may take place during a Trial, other than by an

alternate.

Article 4.

(a) The presence of all four members of the Tribunal or the alternate for any absent member shall be necessary to

con- stitute the quorum.

(b) The members of the ~ribunal shall, before any trial begins, agree among themselves upon the selection from

their num- ber of a President, and the President shall hold office during that trial, or as may otherwise be agreed by a

vote of not less than three members. The principle of rotation of presi- dency for successive trials is agreed. If,

however, a session of the Tribunal takes place on the territory of one of the four signatories,' the representative 'of

that Signatory on the Tribunal shall preside.

(c) Save as aforesaid the Tribunal shall take decisions by a majority vote and in case the votes are evenly divided,

the vote of the President shall be decisive: provided always that convictions and sentences shall only be imposed by

affirm- ative votes of at least three members of the Tribunal.

Article 5. In case of need and depending 'on the number of the matters to be tried, other Tribunals may be set

up; and the estab- lishment, functions, and procedure of each Tri'bunal shall be iden- tical, and shall be

governed by this Charter.

11. JURISDICTION AND GENERAL PRINCIPLES 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 organiza- tions, 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 terri- tory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of

public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military

necessity;

(c) CRIMES AGAINST HUMANITY: namely, murder, extermina- tion, enslavement, deportation, and other

inhumane acts com- mitted 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 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:

* Comma substituted in place of semicolon by Protocol of 6 October 1945.

Article 7. The official position of defendants, whether as Heads of State or responsible officials in Government

departments, shall not be considered as freeing them from responsibility or mitigating punishment.

Article 8. The fact that the defendant acted pursuant to order of his Government or of a superior shall not free him from respon- sibility, but may be considered in mitigation of punishment if the Tribunal determine that

justice so requires.

Article 9. 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 organi- zation of which

the individual was a member was a criminal organ- ization.

After receipt of the Indictment the Tribunal shall give such notice as it thinks fit that the Prosecution

intends to ask the Tri- bunal to make such declaration and any member of the organization will be entitled to

apply to the Tribunal for leave to be heard by the Tribunal upon the question of the criminal character of the

organization. The Tribunal shall have power to allow or reject the application. If the application is allowed, the

Tribunal may direct in what manner the applicants shall be represented and heard.

Article 10. In cases where a group or organization is declared criminal by the Tribunal, the competent national

authority of any Signatory shall have the right to bring individuals to trial for membership therein before

national, military, or occupation courts. In any such case the criminal nature of the group or organization is considered proved and shall not be questioned.

Article 11. Any person convicted by the Tribunal may be charged before a national, military, or occupation court,

referred to in Article 10 of this Charter, with a crime other than of membership in a criminal group or organization

and such court may, after convicting him, impose upon him punishment independent of and '

additional to the

punishment imposed by the. Tribunal for partic- ipation in the criminal activities of such group or organization.

Article 12. The Tribunal shall have the right to take proceedings against a person charged with crimes set out

in Article 6 of this Charter in his absence, if he has not been found or if the Tribunal, for any reason, finds it

necessary, in the interests of justice, to conduct the hearing in his absence.

Article 13. The Tribunal shall draw up rules for its procedure. These rules shall not be inconsistent with the

provisions of this Charter

111. COMMITTEE FOR THE INVESTIGATION AND PROSECUTION OF MAJOR WAR CRIMINALS

Article 14. Each Signatory shall appoint a Chief Prosecutor for the investigation of the charges against and the

prosecution of major war cr~minals.

The Chief Prosecutors shall act as a committee for the following purposes:

(a) to agree upon a plan of the individual work of each of the Chief Prosecutors and his staff,

(b) to settle the final designation of major war criminals to be tried by the Tribunal,

(c) to approve the Indictment and the documents to be submitted therewith, 4

(d) to lodge the Indictment and the accompanying documents with the Tribunal,

(e) to draw up and recommend to the Tribunal for its approval draft rules of procedure, contemplated by Article 13

of this Charter. The Tribunal shall have power to accept, with or without amendments, or to reject, the rules so

recommended.

The Committee shall act in all the above matters by a majority vote and shall appoint a Chairman as may be

convenient and in accordance with the principle of rotation: provided that if there is an equal division of vote

concerning the designation of a defend- ant to be tried by the Tribunal, or the crimes with which he shall be charged,

that proposal will be adopted which was made by the party which proposed that the particular defendant be tried, or

the particular charges be preferred against him.

Article 15. The Chief Prosecutors shall individually, and acting in collaboration with one another, also undertake the

following duties:

(a) investigation, collection, and production before or at the Trial of all necessary evidence,

(b) the preparafion of the Indictment for approval by the Com- mittee in accordance with paragraph (c) of Article 14

hereof,

(c) the preliminary examination of all necessary witnesses and of the defendants,

(d) to act as prosecutor at the Trial,

(e) to appoint representatives to carry out such duties as may be assigned to them,

(f) to undertake such other matters as may appear necessary to them for the purposes of the preparation for and

conduct of the Trial.

It is understood that no witness or defendant detained by any Signatory shall be taken out of the possession of

that Signatory without its assent.

IV. FAIR TRIAL FOR DEFENDANTS

Article 16. In order to ensure fair trial for the defendants, the following procedure shall be followed:

(a) The Indictment shall include full particulars specifying in detail the charges against the defendants. A copy of the In- dictment and of all the documents lodged with the Indict- ment, translated into a language which he

understands, shall be furnished to the defendant at a reasonable time before the Trial.

(b) During any preliminary examination or trial of a defendant he shall have the right to give any explanation

relevant to the charge* made (against him.

(c) A preliminary examination of a defendant and his trial shall be conducted in, or translated into, a language which

the defendant understands.

(d) A defendant shall have the right to conduct his own defense before the Tribunal or to have the assistance of

counsel.

(e) A defendant shall have the right through himself or through his counsel to present evidence at the Trial in

support of his defense, and to cross-examine any witness called by the Pros- ecution.

V. POWERS OF THE TRIBUNAL AND CONDUCT OF THE TRIAL Article 17. The Tribunal shall have the power:

(a) to summon witnesses to the Trial and to require their attend- ance and testimony and to put questions to them,

(b) to interrogate any defendant,

(c) to require the production of documents and other eviden- tiary Material,

(d) to administer oaths to witnesses,

(e) to appoint officers for the carrying out of any task desig-nated by the Tribunal including the power to have

evidence taken on commission.

Article 18. The Tribunal shall:

(a) confine the Trial strictly to an expeditious hearing of the issues raised by the charges,

(b) take strict measures to prevent any action which will cause unreasonable delay, and rule out irrelevant issues.and

state- ments of any kind u-hatsoever,

(c) deal summarily with any contumacy, imposing appropriate punishment, including exclusion of any defendant or

his counsel from some or all further proceedings, but without prejudice to the determination of the charges.

Article 19. The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest

possible extent expeditious and non-technical procedure, and shall admit any evidence which it deems to have

probative value.

Article 20. The Tribunal may require to be informed of the nature of any evidence before it is offered so that it may

rule upon the relevance thereof.

Article 21. The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof.

It shall also take judicial notice of official governmental documents and reports of the United Nations, including the

acts and documents of the com- mittees set up in the various Allied countries for the investigation of war crimes, and

the records and findings of miiitary or other Tribunals of any of the United Nations.

Article 22. The permanent seat of the Tribunal shall be in Berlin. The first meetings of the members of the Tribunal

and of'the Chief Prosecutors shall be held at Berlin in a place to be designated by the Control Council for Germany. The first trial shall be held at Nuremberg, and any subsequent trials shall be held at such places as the Tribunal may

decide.

Article 23. One or more of the Chief Prosecutors may take part in the prosecution at each trial. The function of any

Chief Prosecutor may be discharged by him personally, or by any person or persons authorized by him.

The function of counsel for a defendant may be discharged at the defendant's request by any counsel

professionally qualified to conduct cases before the Courts of his own country, or by any &her person who may be

specially authorized thereto by the Tribunal.

Article 24. The proceedings at the Trial shall take the following course:

(a) The Indictment shall be read in court.

(b) The Tribunal shall ask each defendant whether he pleads "guilty" or "not guilty". (c) The Prosecution shall make an opening statement.

(d) The Tribunal shall ask the Prosecution and the Defense what evidence (if any) they wish to submit to the

Tribunal, and the Tribunal shall rule upon the admissibility of any such evidence.

(e) The witnesses for the Prosecution shall be examined and .after that the witnesses for the Defense. Thereafter

such rebutting evidence as may be held by, the Tribunal to be admissible shall be called by either the Prosecution or

the Defense.

(f) The Tribunal may put any question to any witness and to any defendant, at any time.

(g) The Prosecution and the Defense shall interrogate and may cross-examine any witnesses and any defendant who

gives testimony.

(h) The Defense shall address the Court. (0 The Prosecution shall address the Court. (j) Each Defendant may make a statement to the Tribunal.

(k) The Tribunal shall deliver judgment and pronounce sentence.

Artide 25. All official documents shall be produced, and all court proceedings conducted, in English, French, and

Russian, and in the language of the defendant. So much of the record and of the proceed- ings may, also be

translated into the language of any country in which the Tribunal is sitting, as the Tribunal considers desirable in the

interests of justice and public opinion.

VI. JUDGMENT AND SENTENCE

Article 26. .The judgment of the Tribunal as to the guilt or the innocence of any defendant shall give the reasons on

which it is based, and shall be final and not subject to review.

Article 27. The Tribunal shall have the right to impose upon a defendant on conviction, death or such other

punishment as shall be determined by it to be just.

Article 28. In addition to any punishment imposed by it, the Tribunal shall have the right to deprive the convicted

person of any stolen property and order its delivery to the Control Council for Germany.

Article 29. In case of guilt, sentences shall be carried out in accord- ance with the orders of the Control Council for

Germany, which may at any time reduce or otherwise alter the sentences, but may not increase the severity thereof.

If the Control Council for Ger- many, after any defendant has been convicted and sentenced, dis- covers fresh

evidence which, in its opinion, would found a fresh charge against him, the Council shall report accordingly to the Committee established under Article 14 hereof, for such action as they may consider proper, having regard to the

interests of justice.

VII. EXPENSES

Article 30. The expenses of the Tribunal and of the trials, shall be charged . the Signatories against the funds

allotted for maintenance of the Control Council for Germany.

RULES OF PROCEDURE (Adopted 29 October 1945)

Rule 1. Authority to Promulgate Rules. The present Rules of Procedure of the International Military Tribunal

for the trial of the major war criminals (hereinafter called "the Tribunal") as established by the Charter of

the Tribunal dated 8 August 1945 (hereinafter called "the Charter") are hereby

promulgated by the Tribunal in accordance with the provisions of Article 13 of the Charter. Rule 2. Notice to Defendants

and Right to Assistance of Counsel.

(a) Each individual defendant in custody shall receive not leas than 30 days before trial a copy, translated into a language

which he understands, (1) of the Indictment, (2) of the Charter, (3) of any other documents lodged with the Indictment, aad (4) o'f a statement of his right to the assistance of counsel as set forth in sub-para- graph (d) of this Rule, together with

a list of counsel. He shall also receive copies of such rules of procedure as may be adopted by the Tribunal from time to

time.

(b) Any individual defendant not in custody shall be informed of the indictment -against him and of his right to receive the

docu- ments specified in sub-paragraph (a) above, by notice in such form and manner as the Tribunal may prescribe.

(c) With respect to any group or organization as to which the Prosecution indicates its intention to request a finding of

criminality by the ~ribunal, notice shall be given by publication in such form and manner as the Tribunal may prescribe

and such publication shall include a declaration by the Tribunal that all members of the named groups or organizations are

entitled to apply to the Tribunal for leave to be heard in accordance with the provisions of Article 9 of the Charter.

Nothing herein contained shall be construed to confer immunity of any kind upon such members of said groups or

organiza- tions as may appear in answer to the said declaration.

(d) Each defendant has the right to conduct his own defense or to , have the assistance of counsel. Application for

particular couns$l shall be filed at once with the General Secretary of the Tribunal at the Palace of Justice, Nuremberg,

Germany. The Tribunal will designate counsel for any defendant who fails to apply for particu- lar counsel or, where

particular counsel requested is not within ten (10) days to be found or available, unless the defendant elects in writing to

conduct his own defense. If a defendant has requested particular counsel who is not immediately to be found or available,

such counsel or a counsel of substitute choice may, if found and available before trial, be associated with or substituted for

counsel

designated by the Tribunal, provided that (1)only one counsel shall be permitted to appear at the trial for any defendant,

unless by special permission of the Tribunal, and (2) no delay of trial will be allowed for making such substitution or

association.

Rule 3. Service of Additional Documents.

If, before the trial, the Chief Prosecutors offer amendments or additions to the Indictment, such amendments or

additions, including any accompanying documents shall be lodged with the Tribunal and copies of the same, translated

into a language which they each understand, shall be furnished to the defendants in custody as soon as practicable and

notice given in accordance with Rule 2 (b) to those not in custody.

Rule 4. Production of Evidence for the Defense.

(a) The Defense may apply to the Tribunal for the production of witnesses or of documents by written application to the

General Secretary of the Tribunal. The application shall state where the witness or document is thought to be located,

together with a state- ment of their last known location. It shall also state the facts pro- posed to be proved by the witness

or the document and the reasons why such facts are relevant to the Defense.

(b) If the witness or the document is not within the area controlled by the occupation authorities, the Tribunal may request the Signatory and adhering Governments to arrange for the pro- duction, if possible, of any such witnesses and any such

documents as the Tribunal may deem necessary to proper presentation of the Defense.

(c) If the witness or the document is within the area controlled by the occupation authorities, the General Secretary shall, if

the Tribunal is not in session, communicate the application to the Chief Prosecutors and, if they make no objection, the

General Secretary shall issue a summons for the attendance of such witness or the production of such documents,

informing the Tribunal of the action taken. If any Chief Prosecutor objects to the issuance of a sum-mons, or if the

Tribunal is in session, the General Secretary shall submit the application to the Tribunal, which shall decide whether ar

not the summons shall issue.

(d) A summons shall be served in such manner as may be pro- vided by the appropriate occupation authority to ensure its

enforce- ment and the General Secretary shall inform the Tribunal of the steps taken.

(e) Upon application to the General Secretary of the Tribunal, a defendant shall be furnished with a copy, translated into a

language which he understands, of all documents referred to in the Indictment so far as they may be made available by the

Chief

Prosecutors and shall be allowed to inspect copies of any such docu- merds as are not so available. Rule 5. Order at the

Trial.

In conformity with the provisions of Article 18 of the Charter, and the disciplinary powers therein set out, the Tribunal,

acting through its President, shall provide for the maintenance of order at the Trial. Any defendant or any other person

may be excluded from open sessions of the Tribunal for failure to observe and respect the directives and dignity of the

Tribunal.

Rule 6. oaths; Witnesses.

(a) Before testifying before the Tribunal, each witness shall make such oath or declaration as is customary in his own

country.

(b) Witnesses while not giving evidence shall not be present in court. The President of the Tribunal shall direct, as

circumstances demand, that witnesses shall not confer among themselves before giving evidence.

Rule 7. Applications and Motions before Trial and Rulings during the Trial. (a) All motions, applications or other requests addredd to the Tribunal prior to the commencement of trial shall be made in

writing and filed with the ~eneral Secretary of the Tribunal at the Palace of Justice, Nuremberg, Germany.

(b) Any such motion, application or other request shall be com- municated by the General Secretary of the Tribunal to the

Chief Prosecutors and, if they make no objection, the President of the Tribunal may make the appropriate order on behalf

of the Tri- bunal. If any Chief Prosecutor objects, the President may call a special session of the Tribunal for the

determination of the question raised.

(c) The Tribunal, acting through its President, will rule in court upon all questions arising during the .trial, such as

questions as to admissibility of evidence offered during the trial, recesses, and motions; and before so ruling the Tribunal

may, when necessary, order the closing or clearing of the Tribunal or take any other steps which to the Tribunal seem just.

Rule 8. Secretariat of the Tribunal.

(a) The Secretariat of the Tribunal shall be composed of a Gen- eral Secretary, four Secretaries and their Assistants. The

Tribunal shall appoint the General Secretary and each Member shall appoint one Secretary. The General Secretary shall

appoint such clerks, interpreters, stenographers, ushers, and all such other persons as may be authorized by the Tribunal

and each Secretary may appoint such assistants as may be authorized by the Member of the Tribunal by whom he was

appointed.

(b) The General Secretary, in consultation with the Secretaries, shall organize and direct the work of 'the Secretariat,

subject to the approval of the Tribunal in the event of a disagreement by any Secretary.

(c) The Secretariat shall receive all documents addressed to the Tribunal, maintain the records of the Tribunal, provide

necessary clerical services to the Tribunal and its Members, and perform such other duties as may be designated by the

Tribunal.

(d) Communications addressed to the Tribunal shall be delivered to the General Secretary. Rule 9. Record, Exhibits, and

Documents.

(a) A stenographic record shall be maintained of all oral pro- ceedings. Exhibits will be suitably identified and marked

with consecutive numbers. All exhibits and transcripts of the proceedings and all documents lodged with and produced to

the Tribunal will be filed with the General Secretary of the Tribunal and will consti- tute part of the Record.

(b) The term "official documents" as used in Article 25 of the Charter includes the Indictment, rules, written motions, orders that are reduced to writing, findings, 'and judgments of the Tribunal. These shall be in the English, French, Russian,

and German languages. Documentary evidence or exhibits may be received in the language of the document, but a

translation thereof into Ger- man shall be made available to the defendants.

(c) All exhibits and transcripts of proceedings, all documents lodged with and produced to the Tribunal and all official acts

and documents of the Tribunal may be certified by the General Secretary of the Tribunal to any Government or to any

other tribunal or wherever it is appropriate that copies of such documents or represen- tations as to such acts should be

supplied upon a proper request.

Rule 10. Withdrawal of Exhibits and Documents.

In cases where original documents are submitted by the Prosecu- tion or the Defense as evidence, and upon a showing

(a) that because of historical interest or for any other reason one of the Governments signatory to the Four Power

Agreement of 8 August 1945, or any other Government having received the consent of said four signa- tory Powers,

desires to withdraw from the records of the Tribunal and preserve any particular original documents and (b) that no

substantial injustice will result, the Tribunal shall permit phato- static copies of said original documents, certified by the

General Secretary of the Tribunal, to be substituted for the originals in the records of the Court and shall deliver said

original documents to the applicants.

. '

Rule 11. Eflective Date and Powers of Amendment and Addition.

These Rules shall take effect upon their approval by the Tri- bunal. Nothing herein contained shall be construed to prevent the Tribunal from, at 8ny time, in the interest of fair and expeditious trials, departing from, amending, or adding to these Rules, either by general rules or special orders for particular cases, in such form and upon such notice as may appear just to the Tribunal.

Judges of trail

Major General Iona Nikitchenko (Soviet main) Lieutenant Colonel Alexander Volchkov (Soviet alternate) Colonel Sir Geoffrey Lawrence (British main), President of the Tribunal Sir Norman Birkett (British alternate) Francis Biddle (American main) John J. Parker (American alternate) Professor Henri Donnedieu de Vabres (French main) Robert Falco (French alternate)

Prosecution council

Attorney General Sir Hartley Shawcross (United Kingdom) Supreme Court Justice Robert H. Jackson (United States) Lieutenant-General Roman Andreyevich Rudenko (Soviet Union)

Franois de Menthon, later replaced by Auguste Champetier de Ribes (France)

Assisting Jackson were the lawyers Telford Taylor,[citation needed]

Thomas J. Dodd and a young US

Army interpreter named Richard Sonnenfeldt. Assisting Shawcross were Major Sir David

Maxwell-Fyfe and Sir John Wheeler-Bennett. Mervyn Griffith-Jones, later to become famous as

the chief prosecutor in the Lady Chatterley's Lover obscenity trial, was also on Shawcross's team.

Shawcross also recruited a young barrister, Anthony Marreco, who was the son of a friend of his,

to help the British team with the heavy workload.

Defence council of individual defendant:

GOERING, HERMANN WILHELM Dr. Otto Stahmer

HESS, RUDOLF Dr. Gunther von Rohrscheidt (to 5 February 1946)

Dr. Alfred Seidl (from 5 February 1946)

VON RIBBENTROP, JOACHIM Dr. Fritz Sauter (to 6 January 1946)

Dr. Martin Horn (from 5 January 1946)

LEY ROBERT (*)

KIETEL, WILHELM Dr. Otto Nelte

KALTENBRUNNER, ERNST Dr. Kurt Kauffmann

ROSENBERG, ALFRED Dr. Alfred Thoma

FRANK, HANS Dr. Alfred Seidl

FRICK, WILHELM Dr. Otto Pannenbeeker

STREICHER, JULIUS Dr. Hanns Marx

FUNK, WALTER Dr. Fritz Sauter

SCHACHT, HJALMAR Dr. Rudolf Dix

Professor Dr. Herbert Kraus, Associate (**)

DOENITZ, KARL Flottenrichte Otto Kranzbuchler

RAEDER, ERICH Dr. Walter Siemers

VON SCHIRACH, BALDUR Dr. Fritz Sauter

SAUCKEL, FRITZ Dr. Robert Servatius

JODL, ALFRED Professor Dr. Franz Exner

Professor Dr. Hermann Jahreiss, Associate

BORMANN, MARTIN Dr. Friedrich Bergold

VON PAPEN, FRANZ

Dr. Egon Kubuschok

SEYSS-INQUART, ARTHUR Dr. Gustav Steinbauer

SPEER, ALBERT Dr. Hans Flachsner

VON NEURATH, CONSTANTIN Dr. Otto Frelherr von Ludinghausen

FRITZSCHE. HANS Dr. Heinz Fritz

Dr. Alfred Schilf, Associate

KRUPP VON BOHLEN UND HALBACH, GUSTAV Dr. Theodor Klefisch (to 15 November 1945)

Dr. Walter Ballas, Associate (to 15 November 1945)

GROUPS AND ORGANIZATIONS COUNSEL:

REICH CABINET Dr. Egon Kubuschok

LEADERSHIP CORPS OF NAZI PARTY Dr. Robert Servatius

SS and SD Ludwig Babel, Counsel for SS and SD (to 18 March 1946), Counsel for SS (to 11 June1946),

Co-counsel for SS (to 27 August 1946)

Horst Pelckmann, Co-counsel for SS (from 2 March 1946), Counsel for SS (from 1 June 1946)

Dr. Carl Haensel, Associate to Dr. H. Pelckmann (from 1 April 1946)

Dr Hans Gawlik, Counsel for SD (from 18 March 1946)

SA Georg Boehm

Dr. Martin Loeffler

GESTAPO Dr. Rudolf Merkel

GENERAL STAFF and HIGH COMMAND of the GERMAN ARMED FORCES Professor Dr. Franz Exner (to 27 January 1946)

Dr. Hans Laternser (from 27 January 1946)

Notes:

* All individual defendants named in the indictment appeared before the Tribunal except: Robert

Ley, who committed suicide 25 October 1945; Gustav Krupp von Bohlen und Halbach, owing to

serious illness; and Martin Bormann, who was not in custody and whom the Tribunal decided to

try in absentia

Profile of defendants and their charges:

Defendant

s in the

Major

War

Figures

Trial DEFENDANT

IMAG

E

Defense

Council

IN THE

DEFENDA

NT'S

WORDS

PROSECUT

ION

POINTS

NOTES

Counts

Of

charge

on

defenda

nt

IN

THE

END

Doenitz, Karl German admiral who

would eventually

command entire

navy. Chosen by

Hitler to succeed him

as fuhrer. Negotiated

surrender following

Hitler's suicide.

Flottenrichte

Otto

Kranzbuchler

"Politicians

brought the

Nazis to power

and started the

war. They are

the ones who

brought about

these disgusting

crimes, and now

we have to sit

there in the

dock with them

and share the

blame!"

(5/27/46)

On 9/17/42

Doenitz issued

the "Laconia

Order" to the

German

submarine fleet.

The order forbid

rescuing enemy

survivors of

sunken ships:

"Be hard.

Remember, the

enemy has no

regard for

women and

children when he

bombs German

cities."

Called by

Hitler "the

Rommel of

the

Seas"....Said

"I would

rather eat

dirt than

have my

grandson

grow up in

the Jewish

spirit and

faith"...Went

on radio

after

assassinatio

n attempt on

Hitler to call

it "a

cowardly

attempt at

murder."

Served

10-

year-

sentenc

e. Died

in 1981.

Frank, Hans Governor-general of

Nazi-occupied

Poland, called the

"Jew butcher of

Cracow."

130

"Don't let

anybody tell

you that they

had no idea.

Everybody

sensed there

"The Jews must

be eliminated.

Whenever we

catch one, it is

his end"...."This

territory [Poland]

In April of

1930, Hitler

asked Frank

to secretly

investigate a

rumor that

Hanged--

wearing a

beatific

smile--in

Nurember

g on Oct.

was something

horribly wrong

with the

system."

(11/29/45)

"Hitler has

disgraced

Germany for all

time! He

betrayed and

disgraced the

people that

loved him!...I

will be the first

to admit my

guilt."

(4/17/46)

is in its entirety

the booty of the

German

Reich"...."I have

not been hesitant

in declaring that

when a German

is shot, up to 100

Poles shall be

shot too."--from

the diary of Hans

Frank.

he had

Jewish

blood.

Frank

reported

back that

there was a

50-50

chance that

Hitler was

one-quarter

Jewish.

16, 1946

Frick, Wilhelm Minister of the

Interior

124

"Hitler didn't

want to do

things my way.

I wanted things

done legally.

After all, I am a

lawyer."

(4/24/46)....

"The mass

murders were

certainly not

thought of as a

consequence of

the Nuremberg

Laws, [though]

it may have

turned out that

way."

Frick drafted,

signed, and

administered

laws that

abolished

opposition

parties, and

suppressed trade

unions and Jews

(including the

infamous

Nuremberg

Laws). Frick

knew that the

insane, aged, and

disabled

("useless eaters")

were being

systematically

killed, but did

nothing to stop

it.

Frick

claimed not

to be an

anit-Semite.

He said he

drafted the

Nuremberg

Laws for

"scientific

reasons": to

protect the

purity of

German

blood.

Frick was

one of

eleven

defendant

s

sentenced

to death.

He said,

"Hanging-

-I didn't

expect

anything

different...

.Well, I

hope they

get it over

with fast."

(10/1/46)

Frick was

hanged on

Oct. 16,

1946.

Fritzsche, Hans Head of the Radio

Division, one of

twelve departments

in Goebbel's

Propoganda Ministry

130

"I have been

tricked and

trapped by the

Himmler

murder

machine, even

when I tried to

put a check on

it...Let us

explain our

position to the

Fritzsche's radio

broadcasts (he

was a popular

commentator)

included strong

Nazi

propoganda.

Fritzsche

was one of

two

defendants

turned over

to the IMT

by

Russians....

Fritzsche

often

appeared on

Fritzsche

was

acquitted

by the

IMT. He

said, "I

am

entirely

overwhel

med--to

be set free

world, so that at

least we won't

die under this

awful burden of

shame."

(11/21/45) "I

have the feeling

I am drowning

in filth....I am

choking in it."--

(2/21/46, after

watching film of

atrocities).

the verge of

a breakdown

during the

trial.

right here,

not even

to be sent

back to

Russia.

That was

more than

I hoped

for." He

was later

tried and

convicted

by a

German

court, then

freed in

1950. He

died in

1953.

Funk, Walther Minister of

Economics

124

"I signed the

laws for the

aryanization of

Jewish

property.

Whether that

makes me

legally guilty or

not, is another

matter. But it

makes me

morally guilty,

there is no

doubt about

that. I should

have listened to

my wife at the

end. She said

we'd be better

off dropping the

whole minister

business and

moving into a

three-bedroom

flat." (7/8/46)

Funk agreed with

Himmler to

receive gold

from the SS

(including gold

teeth and rings

taken from those

killed in

concentration

camps) and

deposit in the

Reichsbank.

Funk told

subordinates not

to ask questions

about the

shipments. He

either knew or

should have

known the

source of the

gold received.

Funk said,

"The only

accusation I

can make to

myself

is...that I

should have

resigned in

1938 when I

saw how

they robbed

and smashed

Jewish

property."

(12/15/45)...

.Funk was

often seen

crying

during the

presentation

of

prosecution

evidence

and needed

sleeping

pills at

night.

Funk was

sentenced

to life

imprison

ment by

the IMT.

He was

released in

1957

because of

poor

health.

He died in

1959.

Goering,

Hermann Reichsmarschall and

Luftwaffe (Air

Force) Chief;

President of

Reichstag; Director

of "Four Year Plan"

138

"I joined the

Party precisely

because it was

revolutionary,

not because of

the ideological

stuff."

(12/11/45)...."T

he whole

conspiracy idea

is cockeyed.

We had orders

to obey the head

of state. We

weren't a band

of criminals

meeting in the

woods in the

dead of night to

plan mass

murders...The

four real

conspirators are

missing: The

Fuhrer,

Himmler,

Bormann, and

Goebbels."

(1/5/46)..."This

is a political

trial by the

victors and it

will be a good

thing when

Germany

realizes that..."

(6/13/46)

As Director of

the Four Year

Plan, Goering

bore

responsibility for

the elimination

of Jews from

political life and

for the

destruction and

takeover of

Jewish

businesses and

property....He

was quoted as

saying, "I wish

you had killed

200 Jews and not

destroyed such

valuable

property"...He

looted art

treasures from

occupied

territories and

arranged for use

of slave labor....

Goering

surrendered

to American

officers. The

officers

offered

Goering

drinks and

sang songs

with him,

but the next

day were

reprimanded

by an

outraged

Dwight

Eisenhower.

..Goering

was the

most

popular

prisoner

with the

American

guards

because he

seemed to

take an

interest in

their

lives....He

seemed to

wield a great

deal of

influence

with the

other

defendants,

and prison

administrato

rs sought to

isolate him

as much as

possible....G

oering said,

"We don't

have much

to say about

our fate.

The forces

Goering

committed

suicide on

the day

before his

scheduled

hanging

by taking

a cyanide

pill that

was

smuggled

into his

cell.

Goering

wrote in

his suicide

note, "I

would

have no

objection

to getting

shot," but

he thought

hanging

was

inappropri

ate for a

man of his

position.

of history

and politics

and

economics

are just to

big to steer."

(3/9/46)

Hess, Rudolf Deputy to the Fuhrer

and Nazi Party

Leader

Dr. Gunther

von

Rohrscheidt

(to 5

February

1946)

Dr. Alfred

Seidl (from 5

February

1946)

"It is just

incomprehensibl

e how those

things

[atrocities]

came

about...Every

genius has the

demon in him.

You can't blame

him [Hitler]--it

is just in him...It

is all very

tragic. But at

least I have the

satisfaction of

knowing that I

tried to do

something to

end the war."

(12/16/45)

Jackson called

Hess "the

engineer tending

to the Party

machinery." He

maintained the

organization as a

ready and loyal

instrument of

power. He

signed decrees

persecuting Jews

and was a

willing

participant in

aggression

against Austria,

Czechoslavakia,

and Poland.

During his

detention

following

his failed

putsch,

Hitler

dictated

Mein Kampf

to

Hess...Hess

mysteriously

flew to

England in

1941 in an

attempt to

end the war

on his own

terms. He

stayed there

until the war

ended....Hes

s suffered

from

paranoid

delusions,

apathy,

amnesia,

and was

diagnosed as

having a

"hysterical

personality."

Count: I

Count:II

Hess was

sentenced

to life in

prison.

He

remained-

-lost in his

own

mental

fog-- in

Spandau

prison (for

many

years as

its only

prisoner)

until he

committed

suicide in

1987 at

age 93.

Jodl, Alfred Chief of Operations

for the German High

Command

IMPORTAN

127

"The indictment

knocked me on

the head. First

of all, I hand no

idea at all about

90 per cent of

the accusations

in it. The

crimes are

horrible beyond

belief, if they

Jodl gave orders

for the German

army's campaign

against Holland,

Belgium,

Norway, and

Poland. He also

planned attacks

against Greece

and

Yugoslavia....Jod

Jodl signed

Germany's

uncondition

al surrender

on May 7,

1945,

ending the

war in

Europe....He

strongly

disagreed

Jodl was

hanged in

Nurember

g on Oct.

16, 1946.

Critics

have

called

Jodl's

death

sentence

T are true. Secondly, I

don't see how

they can fail to

recognize a

soldier's

obligation to

obey orders.

That's the code

I've live by all

my life."

(11/1/45)

l was quoted as

saying, "Terror

attacks against

English centers

of population

...will paralyze

the will of the

people to resist."

with many

of Hitler's

harsh orders:

"The order

to kill the

escaped

British

fliers--there

was

absolutely

no

justification

for that.

From then

on, I knew

what kind of

a man Hitler

was."

(4/6/46)

harsh in

relation to

the

sentences

received

by other

German

officers of

similar

rank.

Kaltenbrunner,

Ernst Chief of RSHA (an

organization which

includes offices of

the Gestapo, the SD,

and the Criminal

Police) and Chief of

Security Police

113

"When I saw the

newspaper

headline 'GAS

CHAMBER

EXPERT

CAPTURED'

and an

American

lieutenant

explained it to

me, I was pale

in amazement.

How can they

say such things

about me?"

(4/11/46)..."I

have only done

my duty as an

intelligence

organ, and I

refuse to serve

as an ersatz for

Himmler."

Kaltenbrunner

and RSHA bear

responsibity for

"The Final

Solution" to the

Jewish question-

-and the 6

million jews

killed by

Einsatzgruppen

(2 million) and

in concentration

camps (4

million).

Kaltenbrunner

ordered prisoners

in Dachau and

other camps

liquidated just

before the camps

would have been

liberated by

Allies.

Kaltenbrunn

er was

described as

"a Nazi out

of central

casting:"

six-foot-six,

a huge neck,

cruel mouth,

and a scar

across his

left

cheek...He

was shunned

by most of

the other

defendants...

His lawyer

tried to

portray him

as a stooge

for

Himmler,

rather than

his right-

hand

man....Kalte

nbrunner

believed

fertile

German

Kaltenbru

nner was

hanged on

Oct. 16,

1946 in

Nurember

g.

women had

a duty to

produce

babies, and

if their

husbands

couldn't get

them

pregnant,

other men

ought to be

given the

job.

Keitel, Wilhelm Chief of Staff of the

German High

Command

129

"We all believed so

much in him

[Hitler]--and we

stand to take all

the blame--and

the shame! He

gave us the

orders. He kept

saying that it

was all his

responsibility."

912/25/45)..."I

will suffer more

agony of

conscience and

self-reproach in

this cell than

anybody will

ever know."

(1/6/46)..."the

only thing that

is impossible is

for me to there

[in court] like a

louse and lie."

(4/6/46)

Keitel signed

orders

authorizing the

killing of

captured

commandos and

reprisals against

the families of

Allied

volunteers...He

drafted the

"Night and Fog"

decree that

authorized the

nighttime arrests

and secret

killings of

suspected

members of the

resistance..He planned attacks

on

Czechoslavakia,

Poland, Belgium,

Holland, and

other countries.

Keitel's sons

were killed

in the

German

attack on the

Soviet

Union that

Keitel

helped

execute...Ke

itel, on

Hitler's

orders, sent

two generals

to Rommel

(who had

supported

attempts to

assassinate

Hitler)

offering him

the the

choice of a

court-

martial or

suicide....In

prison,

Keitel

worked on

his

autobiograp

hy....Prison

pyschiatrist

G. M.

Gilbert said

Keitel "had

no more

Keitel was

one of ten

defendant

s hanged

in the

Palace of

Justice in

the early

morning

hours of

October

16, 1946.

backbone

than a

jellyfish."

Neurath,

Konstantin von Minister of Foreign

Affairs (until 1938),

then Reich Protector

for Bohemia and

Moravia

125

"Hitler was a

liar, of course--

that became

more and more

clear. He

simply had no

respect for the

truth. But

nobody

recognized it at

first...He must

have done his

conspiring with

his little gang of

henchmen late

at night.

Sometimes he

would call at 1,

2, or 3 in the

morning."(12/15

/45)

While Neurath

was Foreign

Minister,

Germany "was

only breaking

one treaty at a

time."...While

serving at Reich

Protector of

Bohemia and

Moravia,

Neurath

abolished

political parties

and trade

unions....He

knew war crimes

were being

committed under

his authority.

At

73, Neurath

was the

oldest

defendant in

the Major

War Figures

Trial. He

seemed to

be showing

signs of

incipient

senility...Wh

en

Chamberlain

offered to

come to

Germany to

discuss ways

of averting

war,

Neurath

urged Hitler

to receive

him..."I was

always

against

punishment

without the

possibility

of a

defense."

Neurath

was

sentenced

to fifteen

years in

prison.

He was

released

because of

poor

health in

1954, and

died two

years

later.

Papen, Franz

von Reich Chancellor

prior to Hitler, Vice

Chancellor under

Hitler, Ambassador

to Turkey

134

"I think [Hitler]

wanted the best

for Germany at

the beginning,

but he became

an unreasoning

evil force with

the flattery of

his followers--

Himmler,

Goering,

Ribbentrop,

etc...I tried to

persuade him he

was wrong in

Von Papen

helped

consolidate Nazi

control in 1933.

He strengthened

the position of

Nazis in Austria

to help pave the

way for the

takeover. He

appealed to the

Pope to support

Hitler. Von

Papen remained

in office even

While the

trial was in

progress,

Von Papen had many

heated

exchanges

with

Goering....V

on Papen

was a

moderating

force in the

early years

of the Nazi

Von

Papen was

acquitted.

his anti-Jewish

policies many a

time. He

seemed to listen

at first, but later

on, I had no

influence on

him."

(10/30/45)

after learning of

political killings

and other crimes.

regime. In

1934, he

gave a

speech

highly

critical of

restrictions

on

individual

liberties...Vo

n Papen

said, "I've

been

portrayed as

an intriguing

devil. But I

can prove I

have always

worked for

peace....I am

confident in

American

justice, and

am glad to

have the

truth

brought to

light through

this trial."

Raeder, Erich Commander in Chief

of the German Navy

134

"I have no illusion about

this trial.

Naturally, I will

be hanged or

shot. I flatter

myself to think

that I will be

shot; at least I

will request it. I

have no desire

to serve a prison

sentence at my

age." (5/20/46)

Raeder

advocated

attacks by

submarines on

neutral ships in

violation of

international law.

Raeder was

one of two

defendants

handed over

by the

Russians,

and was put

on the list of

major war

trial

defendants

at the

insistence of

the Soviet

Union...Rae

der retired in

1943...He

opposed

invading

Russia, but

then

Raeder

was

sentenced

to life in

prison.

He served

nine years

before his

release in

1955. He

died in

1960 at

age 84.

attacked

Russian

submarines

six days

before the

invasion

began.

Ribbentrop,

Joachim von Foreign Minister

129

"We are only

living shadows-

-the remains of

a dead era--an

era that died

with Hitler.

Whether a few

of us live

another 10 or 20

years, it makes

no difference."

(3/27/46)

Rippentrop

participated in

aggressive plans

against

Czechoslavakia..

.He helped plan

attacks on

Poland and

Russia...Ribbentr

op played a role

in the "Final

Solution" when

he acted to

hasten the

deportation of

Jews to

concentration

camps in the

East.

In prison,

Ribbentrop

kept asking

everyone

from doctors

to cell

guards to

barbers for

legal

advice....Pris

on

pyschiatrist

G. M.

Gilbert saw

Rippentrop

as "a

confused

and

demoralized

opportunist."