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                                                   [Page 13]
                                                            
                         Chapter III
                              
               International Military Tribunal
                     Indictment Number 1

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE UNION
OF SOVIET SOCIALIST REPUBLICS

                        -- AGAINST --
                              
HERMANN WILHELM GOERING, RUDOLF HESS, JOACHIM VON
RIBBENTROP, ROBERT LEY, WILHELM KEITEL, ERNST KALTENBRUNNER, ALFRED ROSENBERG,
HANS FRANK, WILHELM FRICK, JULIUS STREICHER, WALTER FUNK, HJALMAR
SCHACHT, GUSTAV KRUPP VON BOHLEN UND HALBACH, KARL DOENITZ, ERICH RAEDER,
BALDUR VON SCHIRACH, FRITZ SAUCKEL, ALFRED JODL, MARTIN BORMANN, FRANZ
VON PAPEN, ARTUR SEYSS-INQUART, ALBERT SPEER, CONSTANTIN VON NEURATH,
AND HANS FRITZSCHE, INDIVIDUALLY AND AS MEMBERS OF ANY OF THE
FOLLOWING GROUPS OR ORGANISATIONS TO WHICH THEY RESPECTIVELY BELONGED,
NAMELY: DIE REICHSREGIERUNG (REICH CABINET); DAS KORPS DER POLITISCHEN
LEITER DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (LEADERSHIP
CORPS OF THE NAZI PARTY); DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN
DEUTSCHEN ARBEITERPARTEI (COMMONLY KNOWN AS THE "SS" ) AND INCLUDING
DIE SICHERHEITSDIENST (COMMONLY KNOWN AS THE "SD"); DIE GEHEIME
STAATSPOLIZEI (SECRET STATE POLICE, COMMONLY KNOWN AS THE "GESTAPO");
DIE STURMABTEILUNGEN DER N.S.D.A.P. (COMMONLY KNOWN AS THE
"SA") AND THE GENERAL STAFF AND HIGH COMMAND OF THE GERMAN ARMED FORCES ALL AS
DEFINED IN APPENDIX B.

                                                  Defendants
                                                            
                                                   [Page 14]
                                                            
                         INDICTMENT

The United States of America, the French Republic, the
United Kingdom of Great Britain and Northern Ireland and the
Union of Soviet Socialist Republics by the undersigned,
Robert H. Jackson, Francois de Menthon, Hartley Shawcross
and R. A. Rudenko, duly appointed to represent their
respective Governments in the investigation of the charges
against and the prosecution of the major war criminals, pursuant to the
Agreement of London dated 8th August, 1945, and the Charter of this
Tribunal annexed thereto, hereby accuse as guilty, in the
respects hereinafter set forth, of Crimes against Peace, War
Crimes, and Crimes against Humanity, and of a Common Plan or
Conspiracy to commit those Crimes, all as defined in the
Charter of the Tribunal, and accordingly name as defendants
in this cause and as indicted on the counts hereinafter set
out: HERMANN WILHELM GOERING, RUDOLF HESS, JOACHIM VON
RIBBENTROP, ROBERT LEY, WILHELM KEITEL, ERNST KALTENBRUNNER,
ALFRED ROSENBERG, HANS FRANK, WILHELM FRICK, JULIUS
STREICHER, WALTER FUNK, HJALMAR SCHACHT, GUSTAV KRUPP VON
BOHLEN UND HALBACH, KARL DOENITZ, ERICH RAEDER, BALDUR VON
SCHIRACH, FRITZ SAUCKEL, ALFRED JODL, MARTIN BORMANN, FRANZ
VON PAPEN, ARTUR SEYSS-INQUART, ALBERT SPEER, CONSTANTIN VON
NEURATH AND HANS FRITZSCHE, individually and as members of
any of the Groups or Organizations next hereinafter named.

                             II.

The following are named as Groups or Organizations (since
dissolved) which should be declared criminal by reason of
their aims and the means used for the accomplishment thereof
and in connection with the conviction of such of the named
defendants as were members thereof: DIE REICHSREGIERUNG (REICH 
CABINET); DAS KORPS DER POLITISCHEN
LEITER DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI
(LEADERSHIP CORPS OF THE NAZI PARTY); DIE SCHUTZSTAFFELN DER
NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (commonly
known as the "SS") and including DIE SICHERHEITSDIENST
(commonly known as the "SD"); DIE GEHEIME STAATSPOLIZEI
(SECRET STATE POLICE, commonly known as the "GESTAPO"); DIE
STURMABTEILUNGEN DER N.S.D.A.P. (com-
                                                   [Page 15]

monly known as the "SA"); and the GENERAL STAFF and HIGH
COMMAND of the GERMAN ARMED FORCES. The identity and
membership of the Groups or Organizations referred to in
the foregoing titles are hereinafter in Appendix B more
particularly defined.

         COUNT ONE -- THE COMMON PLAN OR CONSPIRACY

           (Charter, Article 6, especially 6 (a))
                              
                III. Statement of the Offense

All the defendants, with divers other persons, during a
period of years preceding 8th May, 1945, participated as leaders,
organizers, instigators or accomplices in the formulation or
execution of a common plan or conspiracy to commit, or which
involved the commission of, Crimes against Peace, War
Crimes, and Crimes against Humanity, as defined in the
Charter of this Tribunal, and, in accordance with the
provisions of the Charter, are individually responsible for
their own acts and for all acts committed by any persons in
the execution of such plan or conspiracy. The common plan or
conspiracy embraced the commission of Crimes against Peace,
in that the defendants planned, prepared, initiated and
waged wars of aggression, which were also wars in
violation of international treaties, agreements or
assurances. In the development and course of the common plan
or conspiracy it came to embrace the commission of War
Crimes, in that it contemplated, and the defendants
determined upon and carried out, ruthless wars against
countries and populations, in violation of the rules and
customs of war, including as typical and systematic means by
which the wars were prosecuted, murder, ill-treatment,
deportation for slave labor and for other purposes of
civilian populations of occupied territories, murder
and ill-treatment of prisoners of war and of persons on the
high seas, the taking and killing of hostages, the plunder
of public and private property, the wanton destruction of
cities, towns, and villages, and devastation not justified
by military necessity. The common plan or conspiracy
contemplated and came to embrace as typical and systematic
means, and the defendants determined upon and committed,
Crimes against Humanity, both within Germany and within
occupied territories, including murder, extermination,
enslavement deportation, and other
inhumane acts committed against civilian populations before
and during the war, and persecutions on political, racial or
religious grounds, in execution of the plan for preparing
and prosecuting aggressive or illegal wars,

                                                   [Page 16]
                                                            
many of such acts and persecutions being violations of the
domestic laws of the countries where perpetrated.

 IV. Particulars of the nature and development of the common
                           plan or
                         conspiracy
                              
  (A) NAZI PARTY AS THE CENTRAL CORE OF THE COMMON PLAN OR
                         CONSPIRACY
                              
In 1921 Adolf Hitler became the supreme leader or Fuehrer of
the Nationalsozialistische Deutsche Arbeiterpartei (National
Socialist German Workers Party), also known as the Nazi
Party, which had been founded in Germany in 1920. He
continued as such throughout the period
covered by this Indictment. The Nazi Party, together with
certain of its subsidiary organizations, became the
instrument of cohesion among the defendants and their co-
conspirators and an instrument for the carrying out of the
aims and purposes of their conspiracy. Each defendant became
a member of the Nazi Party and of the conspiracy, with
knowledge of their aims and purposes, or, with such
knowledge, became an accessory to their aims and purposes at
some stage of the development of the conspiracy.

       (B) COMMON OBJECTIVES AND METHODS OF CONSPIRACY

The aims and purposes of the Nazi Party and of the
defendants and divers other persons from time to time
associated as leaders, members, supporters or adherents of
the Nazi Party (hereinafter called collectively the "Nazi
conspirators") were, or came to be, to accomplish the
following by any means deemed opportune, including unlawful
means, and contemplating ultimate resort to threat of force,
force and aggressive war: (i) to abrogate and overthrow the
Treaty of Versailles and its restrictions upon the military
armament and activity of Germany; (ii) to acquire the
territories lost by Germany as the result of the World War
of 1914-1918 and other territories in Europe asserted by the
Nazi conspirators to be occupied principally by so-called
"racial Germans"; (iii) to acquire still further territories
in continental Europe and elsewhere claimed by the Nazi
conspirators to be required by the "racial Germans" as
"Lebensraum," or living space, all at the expense of
neighboring and other countries. The aims and purposes of
the Nazi conspirators were not fixed or static but evolved
and expanded as they acquired progressively greater power
and became able to make more effective application of
threats of force and threats of aggressive war. When their
expanding aims and purposes became finally so great

                                                   [Page 17]
                                                            
as to provoke such strength of resistance as could be
overthrown by armed force and aggressive war, and not simply
by the opportunistic methods theretofore used, such as fraud, deceit, 
threats intimidation, fifth column activities and propaganda, the
Nazi conspirators deliberately planned, determined upon and
launched their aggressive wars and wars in violation of
international treaties, agreements and assurances by the
phases and steps hereinafter more particularly described.

  (C) DOCTRINAL TECHNIQUES OF THE COMMON PLAN OR CONSPIRACY

To incite others to join in the common plan or conspiracy,
and as a means of securing for the Nazi conspirators the
highest degree of control over the German community, they
put forth, disseminated, and exploited certain doctrines,
among others, as follows:

1. That persons of so-called "German blood" (as specified by
Nazi conspirators) were a "master race" and were accordingly
entitled to subjugate, dominate or exterminate other "races"
and peoples;

2. That the German people should be ruled under the
Fuehrerprinzip (leadership principle) according to which
power was to reside in a Fuehrer from whom sub-leaders were
to derive authority in a hierarchical order, each sub-leader
to owe unconditional obedience to his immediate superior but
to be absolute in his own sphere of jurisdiction; and the
power of the leadership is to be unlimited, extending to all
phases of public and private life;

3. That war vas a noble and necessary activity of Germans;

4. That the leadership of the Nazi Party, as the sole bearer
of the foregoing and other doctrines of the Nazi Party, was
entitled to shape the structure, policies and practices of
the German State and all related institutions, to direct and
supervise the activities of all individuals within the
State, and to destroy all opponents.

    (D) THE ACQUIRING OF TOTALITARIAN CONTROL OF GERMANY

1. First steps in acquisition of control of State machinery

In order to accomplish their aims and purposes, the Nazi
conspirators prepared to seize totalitarian control over
Germany to insure that no effective resistance against them
could arise within Germany itself. After the failure of the
Munich Putsch of
                                                   [Page 18]

1923 aimed at the overthrow of the Weimar Republic by direct
action, the Nazi conspirators set out through the Nazi Party
to undermine and capture the German Government by "legal"
form supported by terrorism. They created and utilized, as a
Party formation, Die Sturmabteilungen SA), a semi-military,
voluntary organization of young men trained for and
committed to the use of violence, whose mission was to make
the Party the master of the streets.

2. Control acquired

On 30th January 1933, Hitler became Chancellor of the German
Republic. After the Reichstag fire of 28 February 1933,
clauses of the Weimar constitution guaranteeing personal
liberty, freedom of speech, of the press, of association and
assembly were suspended. The Nazi conspirators secured the
passage by the Reichstag of a "Law for the Protection of the
People
and the Reich" giving Hitler and the members of his then
cabinet plenary powers of legislation. The Nazi conspirators
retained such powers after having changed the members of the
cabinet. The conspirators caused all political parties
except the Nazi Party to be prohibited. They caused the Nazi
Party to be established as a para-governmental organization
with extensive and extraordinary privileges.

3. Consolidation of control

Thus possessed of the machinery of the German State, the
Nazi conspirators set about the consolidation of their
position of power within Germany, the extermination of
potential internal resistance and the placing- of the German
nation on a military footing.

     (a) The Nazi conspirators reduced the Reichstag to a
     body of their own nominees and curtailed the freedom of
     popular elections throughout the country. They
     transformed the several states, provinces and
     municipalities, which had formerly exercised semi-
     autonomous powers, into hardly more than administrative
     organs of the central government. They united the
     offices of the President and the Chancellor in the
     person of Hitler; instituted a widespread purge of
     civil servants; and severely restricted the
     independence of the judiciary and rendered it
     subservient to Nazi ends. The conspirators greatly
     enlarged existing State and Party organizations;
     established a network
     
                                                   [Page 19]
     
     of new State and Party organizations; and "co-
     ordinated" State agencies with the Nazi
     Party and its branches and affiliates, with the result
     that German life was dominated by Nazi doctrine and
     practice and progressively mobilized for the
     accomplishment of their aims.
     
     (b) In order to make their rule secure from attack and
     to instil fear in the hearts of the German people, the
     Nazi conspirators established and extended a system of
     terror against opponents and supposed or suspected
     opponents of the regime. 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. These concentration camps were
     established early in 1933 under the direction of the
     defendant GOERING and expanded as a fixed part of the
     terroristic policy and method of the conspirators and
     used by them for the commission of the Crimes against
     Humanity - hereinafter alleged. Among the principal
     agencies utilized in the perpetration of these crimes
     were the SS and the GESTAPO, which, together with other
     favored branches or agencies of the State and Party,
     were permitted to operate without restraint of law.
     
     (c) The Nazi conspirators conceived that, in addition
     to the suppression of distinctively political
     opposition, it was necessary to suppress or exterminate
     certain other movements or groups which they regarded
     as obstacles to their retention of total control in
     Germany and to the aggressive aims of the conspiracy
     abroad. Accordingly:
     
          (1) The Nazi conspirators destroyed the free trade
          unions in Germany by confiscating their funds and
          properties, persecuting their leaders, prohibiting
          their activities, and supplanting them by an
          affiliated Party organization. The leadership
          principle was introduced into industrial
          relations, the entrepreneur becoming the leader
          and the workers becoming his followers. Thus any
          potential resistance of the workers was frustrated
          and the productive labor capacity of the German
          nation was brought under the effective control of
          the conspirators.
                                                   [Page 20]
          
          (2) The Nazi conspirators, by promoting beliefs
          and practices incompatible with Christian
          teaching, sought to subvert the influence of the
          Churches over the people and in particular over
          the youth of Germany. They avowed their aim to
          eliminate the Christian Churches in Germany and
          sought to substitute therefor Nazi institutions
          and Nazi beliefs and pursued a programme of
          persecution of priests, clergy and members of
          monastic orders whom they deemed opposed to their
          purposes and confiscated church property.
          
          (3) The persecution by the Nazi conspirators of
          pacifist groups, including eligious movements
          dedicated to pacifism, was particularly relentless
          and cruel.
     
     (d) Implementing their "master race" policy, the
     conspirators joined in a program of relentless
     persecution of the Jews, designed to exterminate them.
     Annihilation of the Jews became an official State
     policy, carried out both by official action and by
     incitements to mob and individual violence. The
     conspirators openly avowed their purpose. For example,
     the defendant ROSENBERG stated: "Anti-Semitism is the
     unifying element of the reconstruction of Germany." On
     another occasion he also stated: "Germany will regard
     the Jewish question as solved only after the very last
     Jew has left the greater German living space . .
     .Europe will have its Jewish question solved only after
     the very last Jew has left the Continent." The
     defendant LEY declared: "We swear we are not going to
     abandon the struggle until the last Jew in Europe has
     been exterminated and is actually dead. It is not
     enough to isolate the Jewish enemy of mankind -- the Jew
     has got to be exterminated." On another occasion he
     also declared: "The second German secret weapon is anti-
     Semitism because if it is consistently pursued by
     Germany, it will become a universal problem which all
     nations will be forced to consider." The defendant
     STREICHER declared: "The sun will not shine on the
     nations of the earth until the last Jew is dead." These
     avowals and incitements were typical of the declaration
     of the Nazi conspirators throughout the course of their
     conspiracy. The program of ac-
     
                                                   [Page 21]
                                                            
     tion against the Jews included disfranchisement,
     stigmatization, denial of civil rights, subjecting
     their persons and property to violence, deportation,
     enslavement, enforced labor, starvation, murder and
     mass extermination. The extent to which the
     conspirators succeeded in their purpose can only be
     estimated, but the annihilation was substantially
     complete in many localities of Europe. Of the 9,600,000
     Jews who lived in the parts of Europe under Nazi
     domination, it is conservatively estimated that
     5,700,000 have disappeared, most of them deliberately
     put to death by the Nazi conspirators. Only remnants of
     the Jewish population of Europe remain.
     
     (e) In order to make the German people amenable to
     their will, and to prepare them psychologically for
     war, the Nazi conspirators reshaped the educational
     system and particularly the education and training of
     the German youth. The leadership principle was
     introduced into the schools and the Party and
     affiliated organizations were given wide
     supervisory powers over education. The Nazi
     conspirators imposed a supervision of all cultural
     activities, controlled the dissemination of information
     and the expression of opinion within Germany as well as
     the movement of intelligence of all kinds from and into
     Germany, and created vast propaganda machines.
     
     (f) The Nazi conspirators placed a considerable number
     of their dominated organizations on a progressively
     militarized footing with a view to the rapid
     transformation and use of such organizations whenever
     necessary as instruments of war.

    (E) THE ACQUIRING OF TOTALITARIAN CONTROL IN GERMANY:
    ECONOMIC; AND THE ECONOMIC PLANNING AND MOBILIZATION
                     FOR AGGRESSIVE WAR

Having gained political power the conspirators organized
Germany's economy to give effect to their political aims.

1. In order to eliminate the possibility of resistance in
the economic sphere, they deprived labour of its rights of
free industrial and political association as particularized
in paragraph (D) 3 (c) (1)
herein.

2. They used organizations of German business as instruments
economic mobilization for war.

                                                   [Page 22]
                                                            
3. They directed Germany's economy towards preparation and
equipment of the military machine. To this end they directed
finance, capital investment, and foreign trade.

4. The Nazi conspirators, and in particular the
industrialists among them, embarked upon a huge re-armament
programme and set out to produce and develop huge quantities
of materials of war and to create a powerful military
potential.

5. With the object of carrying through the preparation for
war the Nazi conspirators set up a series of administrative
agencies and authorities. For example, in 1936 they
established for this purpose the office of the Four Year
Plan with the defendant GOERING as Plenipotentiary, vesting
it with overriding control over Germany's economy.
Furthermore, on 28th August 1939, immediately before
launching their aggression against Poland, they appointed
the defendant FUNK Plenipotentiary for Economics; and on
30th August 1939, they set up the Ministerial Council for
the Defence of the Reich to act as a War Cabinet.

   (F) UTILIZATION OF NAZI CONTROL FOR FOREIGN AGGRESSION

1. Status of the conspiracy by the middle of 1933 and
projected plans.

By the middle of the year 1933 the Nazi conspirators, having
acquired governmental control over Germany, were in a
position to enter upon further and more detailed planning
with particular relationship to foreign policy. Their plan
was to re-arm and to re-occupy and fortify the Rhineland, in
violation of the Treaty of Versailles and other treaties, in
order to acquire military strength and political bargaining
power to be used against other nations.

2. The Nazi conspirators decided that for their purpose the
Treaty of Versailles must definitely be abrogated and
specific plans were made by them and put into operation by
7th March 1936, all of which opened the way for the major
aggressive steps to follow, as hereinafter set forth. In the
execution of this phase of the conspiracy the Nazi
conspirators did the following acts:

     (a) They led Germany to enter upon a course of secret
     rearmament from 1933 to March, 1935, including the
     training of military personnel and the production of
     munitions of war, and the building of an air force.
     
     (b) On 14th October 1933, they led Germany to leave the
     International Disarmament Conference and the League of
     Nations.
     
     (c) On 10th March 1935, the defendant GOERING an-
     
                                                   [Page 23]
     
     
     
     nounced that Germany was building a military air force.
     
     (d) On 16th March 1935, the Nazi conspirators
     promulgated a law for universal military service, in
     which they stated the peace-time strength of the German
     Army would be fixed at 500,000 men.
     
     (e) On 21st May 1935, they falsely announced to the
     world, with intent to deceive and allay fears of
     aggressive intentions, that they would respect the
     territorial limitations of the Versailles Treaty and
     comply with the Locarno Pacts.
     
     (f) On 7th March 1936, they reoccupied and fortified
     the Rhineland, in violation of the Treaty of Versailles
     and the Rhine Pact of Locarno of 16 October 1925, and
     falsely announced to the world that "we have no
     territorial demands to make in Europe."

3. Aggressive action against Austria and Czechoslovakia

     (a) The 1936-1938 phase of the plan: planning for the
           assault on Austria and Czechoslovakia
     
     The Nazi conspirators next entered upon the specific
     planning for the acquisition of Austria and
     Czechoslovakia, realizing it would be necessary, for
     military reasons, first to seize Austria before
     assaulting Czechoslovakia. On 21st May 1935, in a
     speech to the Reichstag, Hitler stated that: "Germany
     neither intends nor wishes to interfere in the internal
     affairs of Austria, to annex Austria or to conclude an
     Anschluss." On 1st May 1936, within two months after the
     re-occupation of the Rhineland, Hitler stated: "The lie
     goes forth again that Germany
     tomorrow or the day after will fall upon Austria or
     Czechoslovakia." Thereafter, the Nazi conspirators
     caused a treaty to be entered into between Austria and
     Germany on 11th July 1936, Article 1 of which stated
     that "The German Government recognizes the full
     sovereignty of the Federated State of Austria in the
     spirit of the pronouncements of the German Fuehrer and
     Chancellor of 21st May 1935." Meanwhile, plans for
     aggression in violation of that treaty were being made.
     By the autumn of 1937, all noteworthy opposition within
     the Reich had been crushed. Military preparation for
     the Austrian action was virtually concluded. An influen-

                                                   [Page 24]
                                                            
             tial group of the Nazi conspirators met with
     Hitler on 5th November, 1937, to review the situation. It
     was reaffirmed that Nazi Germany must have "Lebensraum"
     in central Europe. It was recognized that such conquest
     would probably meet resistance which would have to be
     crushed by force and that their decision might lead to
     a general war, but this prospect was discounted as a
     risk worth taking. There emerged from this meeting
     three possible plans for the conquest of Austria and
     Czechoslovakia. Which of the three was to be used was
     to depend upon the developments in the political and
     military situation in Europe. It was contemplated that
     the conquest of Austria and Czechoslovakia would,
     through compulsory emigration of 2,000,000 persons from
     Czechoslovakia and 1,000,000 persons from Austria,
     provide additional food to the Reich for 5,000,000 to
     6,000,000 people, strengthen it militarily by providing
     shorter and better frontiers, and make possible the
     constituting of new armies up to about twelve
     divisions. Thus, the aim of the plan against Austria
     and Czechoslovakia was conceived of not as an end to
     itself but as a preparatory measure toward the next
     aggressive steps in the Nazi conspiracy.

            (b) The execution of the plan to invade Austria:
     November, 1937, to
                  March, 1938

            Hitler on 8 February 1938, called Chancellor
     Schuschnigg to a conference at Berchtesgaden. At the
     meeting of 12 February 1938, under threat of invasion,
     Schuschnigg yielded a promise of amnesty to imprisoned
     Nazis and appointment of Nazis to ministerial posts. He
     agreed to remain silent until Hitler's 20th February
     speech in which Austria's independence was to be
     reaffirmed, but Hitler in his speech, instead of
     affirming Austrian independence, declared himself
     protector of all Germans. Meanwhile, subversive
     activities of Nazis in Austria increased. Schuschnigg
     on 9th March 1938, announced a plebiscite for the
     following Sunday on the question of Austrian
     independence. On 11th March Hitler sent an ultimatum,
     demanding that the plebiscite be called off or that
     Germany would invade Austria. Later the same day a
     second ultimatum threatened invasion unless Schuschnigg
     should resign in three hours.

                                                   [Page 25]

             Schuschnigg resigned. The defendant SEYSS-
     INQUART, who was appointed  Chancellor, immediately
     invited Hitler to send German troops into  Austria to
     "preserve order." The invasion began on 12th March
     1938. On 13th March, Hitler by proclamation assumed
     office as Chief of State of Austria and took command of
     its armed forces. By a law of the same date Austria was
     annexed to Germany.

            (c) The execution of the plan to invade
     Czechoslovakia April, 1938, to March, 1939

            1. Simultaneously with their annexation of
     Austria the Nazi conspirators gave false assurances to
     the Czechoslovak Government that they would not attack
     that country. But within a month they met to plan
     specific ways and means of attacking Czechoslovakia,
     and to revise, in the light of the acquisition of
     Austria, the previous plans for aggression against
     Czechoslovakia.

            2. On 21st April 1938, the Nazi conspirators met
     and prepared to launch an attack on Czechoslovakia not
     later than 1 October 1938. They planned specifically to
     create an "incident" to "justify" the attack. They
     decided to launch a military attack only after a period
     of diplomatic squabbling which, growing more serious,
     would lead to the excuse for war, or, in the
     alternative, to unleash a lightning attack as a result
     of an "incident" of their own creation. Consideration
     was given to assassinating the German Ambassador at
     Plague to create the requisite incident. From and after
     21st April 1938, the Nazi conspirators caused to be
     prepared detailed and precise military plans designed
     to carry out such an attack at any opportune moment and
     calculated to overcome all Czechoslovak resistance
     within four days, thus presenting the world with a fait
     accompli, and so forestalling outside resistance.
     Throughout the months of May, June, July, August and
     September, these plans were made more specific and
     detailed, and by 3 September 1938, it was decided that all
     troops were to be ready for action on 28th September
     1938.

            3. Throughout this same period, the Nazi
     conspirators were agitating the minorities question in
     Czechoslovakia, and particularly in the Sudetenland,
     leading to a diplomatic crisis in August and September,
     1938.
                                                   [Page 26]
                                                            
            After the Nazi conspirators threatened war, the
     United Kingdom and France concluded a pact with Germany
     and Italy at Munich on 29th September 1938, involving
     the cession of the Sudetenland by Czechoslovakia to
     Germany. Czechoslovakia was required to acquiesce. On
     1st October 1938, German troops occupied the
     Sudetenland.

            4. On 15th March 1939, contrary to the
     provisions of the Munich Pact itself, the Nazi
     conspirator caused the completion of their plan by
     seizing and occupying the major part of Czechoslovakia
     not ceded to Germany by the Munich Pact.

4. Formulation of the plan to attack Poland: preparation and
    initiation of aggressive war: March, 1939, to September,
1939

     (a) With these aggressions successfully consummated,
     the conspirators had obtained much desired resources
     and bases and were ready to undertake further
     aggressions by means of war. Following assurances to
     the world of peaceful intentions, an influential group
     of the conspirators met on 23rd May 1939, to consider
     the further implementation
     of their plan. The situation was reviewed and it was
     observed that "the past six years have been put to good
     use and all measures have been taken in correct
     sequence and in accordance with our aims"; that the
     national-political unity of the Germans had been
     substantially achieved; ad that further successes could
     not be achieved without war
     and bloodshed. It was decided nevertheless next to
     attack Poland at the first suitable opportunity. It was
     admitted that the questions concerning Danzig which
     they had agitated with Poland were not true questions,
     but rather that the question was one of aggressive
     expansion for food and "Lebensraum." It was recognized
     that Poland would fight if attacked and that a
     repetition of the Nazi success against Czechoslovakia
     without war could not be expected. Accordingly, it was
     determined that the problem was to isolate Poland and,
     if possible, prevent a simultaneous conflict with the
     Western Powers. Nevertheless, it was agreed that
     England was an enemy to their aspirations, and that
     war with England and her ally France must eventually
     result, and therefore that in
     
                                                   [Page 27]
                                                            
     that war every attempt must be made to overwhelm
     England with a "Blitzkrieg." It was thereupon
     determined immediately to prepare detailed plans for an
     attack on Poland at the first suitable opportunity and
     thereafter for an attack on England and France,
     together with plans for the simultaneous occupation by
     armed force of air bases in the Netherlands and
     Belgium.
     
     (b) Accordingly, after having denounced the German-
     Polish Pact of 1934 on false grounds, the Nazi
     conspirators proceeded to stir up the Danzig issue to
     prepare frontier "incidents" to "justify" the attack,
     and to make demands for the cession of Polish
     territory. Upon refusal by Poland to yield, they caused
     German armed forces to invade Poland on
     1st September 1939, thus precipitating war also with
     the United Kingdom and France.

5. Expansion of the war into a general war of aggression:
    planning and execution of attacks on Denmark, Norway,
    Belgium, The Netherlands, Luxembourg, Yugoslavia, and
    Greece: 1939 to April, 1941

Thus the aggressive war prepared for by the Nazi
conspirators through their attacks on Austria and
Czechoslovakia was actively launched by their attack on
Poland, in violation of the terms of the Briand-Kellogg
Pact, 1928. After the total defeat of Poland, in order to
facilitate the carrying out of their military operations
against France and the United Kingdom, the Nazi conspirators
made active preparations for an extension of the war in
Europe. In accordance with those plans, they caused the
German armed forces to invade Denmark and Norway on 9th
April 1940; BelgiUm, the Netherlands and Luxembourg on 10th
May 1940; Yugoslavia and Greece on 6th April 1941. All these
invasions had been specifically planned in advance.

6. German invasion on 22nd June 1941, of the USSR territory
    in violation of Non-Aggression Pact of 23rd August 1939

On 22nd June 1941, the Nazi conspirators deceitfully
denounced the Non-Aggression Pact between Germany and the
USSR and without any declaration of war invaded Soviet
territory thereby beginning a War of Aggression against the
U.S.S.R.

From the first day of launching their attack on Soviet
territory
                                                   [Page 28]
                                                            
the Nazi conspirators, in accordance with their detailed
plans, began to carry out the destruction of cities, towns
and villages, the demolition of factories, collective farms,
electric stations and rail roads, the robbery and barbaric
devastation of the natural cultural institutions of the
peoples of the USSR, the devastation of museums, churches,
historic monuments. The mass deportation of the Soviet
citizens for slave labor to Germany, as well as the
annihilation of old people, women and children, especially
Belo-Russians and Ukrainians. The extermination of Jews
committed throughout the territory of the Soviet Union.

The above mentioned criminal offenses were perpetrated by
the German troops in accordance with the orders of the Nazi
Government and the General Staff and High Command of the
German armed forces.

7. Collaboration with Italy and Japan and aggressive war
    against the United States: November, 1936, to December, 1941

After the initiation of the Nazi wars of aggression the Nazi
conspirators brought about a German-Italian-Japanese ten-
year military-economic alliance signed at Berlin on 27th
September 1940. This agreement, representing a strengthening
of the bonds among those three nations established by the
earlier but more limited pact of 25th November 1936, stated:
"The governments of Germany, Italy and Japan, considering it
as a condition precedent of any lasting peace that all
nations of the world be given each its own proper place,
have decided to stand by and co-operate with one another in
regard of their efforts in Greater East Asia and regions of
Europe respectively wherein it is their prime purpose to
establish and maintain a new order of things calculated to
promote the mutual prosperity and welfare of the peoples
concerned."

The Nazi conspirators conceived that Japanese aggression
would weaken and handicap those nations with whom they were
at war, and those with whom they contemplated war.
Accordingly, the Nazi conspirators exhorted Japan to seek "a
new order of things." Taking advantage of the wars of
aggression then being waged by the Nazi conspirators, Japan
commenced an attack on 7 December 1941, against the United
States of America at Pearl Harbor and the Philippines, and
against the British Commonwealth of Nations, French Indo-
China and the Netherlands in the southwest Pacific. Germany
declared war against the United States on 11th December
1941.

                                                   [Page 29]
                                                            


     G) WAR CRIMES AND CRIMES AGAINST HUMANITY COMMITTED
   IN THE COURSE OF EXECUTING THE CONSPIRACY FOR WHICH THE
                CONSPIRATORS ARE RESPONSIBLE

1. Beginning with the initiation of the aggressive war on 1
September 1939, and throughout its extension into wars
involving almost the entire world, the Nazi conspirators
carried out their common plan or conspiracy to wage war in
ruthless and complete disregard and violation of the laws
and customs of war. In the course of executing the common
plan or conspiracy there were committed the War Crimes
detailed hereinafter in Count Three of this Indictment.

2. Beginning with the initiation of their plan to seize and
retain total control of the German State, and thereafter
throughout their utilization of that control for foreign aggression, 
the Nazi conspirators carried out their common plan or conspiracy in
ruthless and complete disregard and violation of the laws of
humanity. In the course of executing the common plan or
conspiracy there were committed the Crimes against Humanity
detailed hereinafter in Count Four of this indictment.

3. By reason of all the foregoing, the defendants with
divers other persons are guilty of a common plan or
conspiracy for the accomplishment of Crimes against Peace;
of a conspiracy to commit Crimes against Humanity in the
course of preparation for war and in the course of
prosecution of war; and of a conspiracy to commit War Crimes
not only against the armed forces of their enemies but also
against non-belligerent civilian populations.

    (H) INDIVIDUAL, GROUP AND ORGANIZATION RESPONSIBILITY
               THE OFFENSE STATED IN COUNT ONE

Reference is hereby made to Appendix A of this Indictment
for a statement of the responsibility of the individual
defendants for the offense set forth in this Count One of
the Indictment. Reference is hereby made to Appendix B of
this Indictment for a statement of the responsibility of the
groups and organizations named herein as criminal groups and
organizations for the offense set forth in this Count One of
the Indictment

              COUNT TWO -- CRIMES AGAINST PEACE

                  (Charter, Article 6 (a) )

                 V. Statement of the Offense

All the defendants with divers other persons, during a
period of years preceding 8th May 1945, participated in the
planning,
                                                   [Page 30]

preparation, initiation and waging of wars of aggression,
which were also wars in violation of international treaties,
agreements and assurances.

VI. Particulars of the wars planned, prepared, initialed and
                            waged

(A) The wars referred to in the Statement of Offense in this
Count Two of the Indictment and the dates of their
initiation were the following: against Poland, 1 September 1939;
against the United Kingdom and France, 3rd September 1939;
against Denmark and Norway, 9th April 1940; against Belgium,
the Netherlands and Luxembourg, 10th May 1940; against
Yugoslavia and Greece, 6th April 1941; against the USSR,
22nd June 1941; and against the United States of America,
11th December 1941.

(B) Reference is hereby made to Count One of the Indictment
for the allegations charging that these wars were wars of
aggression on the part of the defendants.

(C) Reference is hereby made to Appendix C annexed to this
Indictment for a statement of particulars of the charges of
violations of international treaties, agreements and
assurances caused by the defendants in the course of
planning, preparing and initiating these wars.

 VII. Individual, group and organization responsibility for
               the offense stated in Count Two

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 Two 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 Two of
the Indictment.

                       COUNT THREE -- WAR CRIMES
                              
           (Charter, Article 6, especially 6 (b) )
                              
               VIII. Statement of the Offense

All the defendants committed War Crimes between 1st
September 1939, and 8th May 1945,
in Germany and in all those countries and territories
occupied by the German armed forces since 1st September 1939, and in
Austria, Czechoslovakia, and Italy, and on the High Seas.

                                                   [Page 31]

All the defendants, acting in concert with others,
formulated and executed a common plan or conspiracy to
commit War Crimes as defined in Article 6 (b) of the
Charter. This plan involved, among other things, the
practice of "total war" including methods of combat and of
military occupation in direct conflict with he laws and customs of
war, and the commission of crimes perpetrated on the field
of battle during encounters with enemy armies, nd against
prisoners of war, and in occupied territories against the
civilian population of such territories.

The said War Crimes 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 and 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.

  (A) MURDER AND ILLTREATMENT OF CIVILIAN POPULATIONS OF OR
         IN OCCUPIED TERRITORY AND ON THE HIGH SEAS

Throughout the period of their occupation of territories
overrun by their armed forces the defendants, for the
purpose of systematically terrorizing the inhabitants,
murdered and tortured civilians, and illtreated them, and
imprisoned them without legal process.

The murders and illtreatment were carried out by divers
means, including shooting, hanging, gassing, starvation,
gross overcrowding, systematic under-nutrition, systematic
imposition of labor-tasks beyond the strength of those
ordered to carry them out, inadequate provision
of surgical and medical services, kickings, beatings,
brutality and torture of all kinds, including the use of hot
irons and pulling out of finger nails and the performance of
experiments by means of operations and otherwise on living
human subjects. In some occupied territories the defendants
interfered with religious services, persecuted members of
the clergy and monastic orders, and expropriated church
property. They conducted deliberate and systematic genocide,
viz., the extermination of racial' and national groups,
against the civilian
                                                   [Page 32]
                                                            
populations of certain occupied territories in order to
destroy particular races and classes of people and national,
racial or religious groups, particularly Jews, Poles and
Gypsies and others.

Civilians were systematically subjected to tortures of all
kinds, with the object of obtaining information.

Civilians of occupied countries were subjected
systematically to "protective arrests" whereby they were
arrested and imprisoned without any trial and any of the
ordinary protections of the law, and they were imprisoned
under the most unhealthy and inhumane conditions.

In the concentration camps were many prisoners who were
classified "Nacht und Nebel". These were entirely cut off
from the world and were allowed neither to receive nor to
send letters. The disappeared without trace and no
announcement of their fate was ever made by the German
authorities.

Such murders and illtreatment were contrary to International
Conventions, in particular to Article 46 of the Hague
Regulations, 1907, the laws and customs of war, the general
principles of criminal law as derived from the criminal laws
of all civilized nations, the internal penal laws of the
countries in which such crimes were committed, and to
Article 6 (b) of the Charter.

The following particulars and all the particulars appearing
later in this count are set out herein by way of example
only, are not exclusive of other particular cases, and are
stated without prejudice to the right of the Prosecution to
adduce evidence of other cases of murder and ill treatment
of civilians.

1. In France, Belgium, Denmark, Holland, Norway, Luxemburg,
Italy and the Channel Islands (hereinafter called the "Western
Countries") and in that part of Germany which lies west of a line drawn due
North and South through the centre of Berlin (hereinafter called
"Western Germany").

Such murder and illtreatment took place in concentration
camps and similar establishments set up by the defendants
and particularly in the concentration camps set up at
Belsen, Buchenwald, Dachau, Breendonck, Grini, Natzweiler,
Ravensbruck, Vught and Amersfoort, and in numerous-cities,
towns and villages, including Oradour sur Glane, Trondheim
and Oslo.

Crimes committed in France or against French citizens took
the following forms:

Arbitrary arrests were carried out under political or racial
pretexts; they were both individual and collective; notably
in Paris (round-up of the 18th Arrondissement by the Field
Gendarmerie,

                                                   [Page 33]
                                                            
round-up of the Jewish population of the 11th Arrondissement
in August, 1941, round-up of Jewish intellectuals in
December, 1941, round-up in July, 1942); at Clermont-Ferrand
(round-up of professors and students of the University of
Strasbourg, who were taken to Clermon-Ferrand on
November 25th, 1943); at Lyons; at Marseilles (round-up of 40000
persons in January, 1943); at Grenoble (round-up on December 24th, 
1943); at Cluny (round-up on December 24th, 1944); at Figeac 
(round-up in May, 1944); at Saint Pol de Leon (round-up in July, 1944); 
at Locmine (round-up on July 3rd, 1944); at Eyzieux (round-up in 
May, 1944) and at Moussey (round-up in September, 1944). These arrests
were followed by brutal treatment and tortures carried out
by the most diverse methods, such as immersion in icy water,
asphyxiation, torture of the limbs, and the use of
instruments of torture, such as the iron helmet and electric
current, and practised in all the prisons of France, notably
in Paris, Lyons, Marseilles, Rennes, Metz, Clermont-Ferrand,
Toulouse, Nice, GrenobIe, Annecy, Arras, Bethune, Lille,
Loos, Valenciennes, Nancy, Troyes and Caen, and in the
torture chambers fitted up at the Gestapo centres.

In the concentration camps, the health regime, and the
labour regime, were such that the rate of mortality (alleged
to be from natural causes) attained enormous proportions,
for instance:

     1. Out of a convoy of 230 French women deported from
     Compiegne to Auschwitz in January, 1943, 180 died of
     exhaustion by the end of four months.
     
     2. 143 Frenchmen died of exhaustion between 23rd March
     1943 and 6th May 1943, in Block 8 at Dachau.
     
     3. 1,797 Frenchmen died of exhaustion between 21st
     November 1943, and 15th March 1945, in the Block at
     Dora.
     
     4. 465 Frenchmen died of general debility in November,
     1944, at Dora.
     
     5. 22,761 deportees died of exhaustion at Buchenwald
     between 1 January 1943, and 15th April 1945
     
     6. 11,560 detainees died of exhaustion at Dachau Camp
     (most of them in Block 30 reserved for the sick and
     infirm) between 1 January 1945 and 5th April 1945.
     
     7. 780 priests died of exhaustion at Mauthausen.
     
     8. Out of 2,200 Frenchmen registered at Flossenburg
     Camp, 1,600 died from supposedly natural causes.

Methods used for the work of extermination in concentration
camps were:bad treatment, pseudo-scientific experiments
(sterilization of women at Auschwitz and at Ravensbruck,
study of

                                                   [Page 34]
                                                            
the evolution of cancer of the womb at Auschwitz, of typhus
at Buchenwald, anatomical research at Natzweiller, heart injections 
at Buchenwald, bone grafting and muscular excisions at Ravensbruck, 
etc.), gas chambers, gas wagons and crematory ovens. Of 228,000 French 
political and racial deportees in concentration camps, only 28,000 survived.

In France also systematic extermination was practised,
notably at Asq on 1st April 1944, at Colpo on 22nd July
1944, at Buzet sur Tarn on 6th July 1944 and on 17th August
1944, at Pluvignier on 8th July 1944, at Rennes on 8th June
1944, at Grenoble on 8th July 1944, at Saint Flour on 10th
June 1944, at Ruisnes on 10th July 1944, at Nimes, at Tulle,
and at Nice, where, in July, 1944, the victims of torture
were exposed to the population, and at Oradour sur Glane
where the entire village population was shot or burned alive
in the church.

The many charnel pits give proof of anonymous massacres.
Most notable of these are the charnel pits of Paris (Cascade
du Bois de Boulogne), Lyons, Saint Genies Laval, Besancon,
Petit Saint Bernard, Aulnat, Caen, Port Louis, Charleval,
Fontainebleau, Bouconne, Gabaudet, L'hermitage, Lorges,
Morlaas, Bordelongue, Signe.

In the course of a premeditated campaign of terrorism,
initiated in Denmark by the Germans in the latter part of
1943, 600 Danish subjects were murdered and, in addition,
throughout the German occupation of Denmark, large numbers
of Danish subjects were subjected to torture and
ill treatment of all sorts. In addition, approximately 500
Danish subjects were murdered, by torture and otherwise, in
German prisons and concentration camps.

In Belgium between 1940 and 1944 tortures by various means,
but identical in each place, were carried out at Brussels,
Liege, Mons, Ghent, Namur, Antwerp, Tournai, Arlon,
Charleroi and Dinant.

At Vught, in Holland, when the camp was evacuated about 400
persons were murdered by shooting.

In Luxembourg, during the German occupation, 500 persons
were murdered and, in addition, another 521 were illegally
executed, by order of such special tribunals as the so-
called "Sondergericht". Many more persons in Luxembourg were
subjected to torture and mistreatment by the Gestapo. Not
less than 4,000 Luxembourg nationals were imprisoned during
the period of German occupation, and of these at least 400
were murdered.

Between March, 1944, and April, 1945, in Italy, at least
7,500 men, women and children, ranging in years from infancy
to ex-
                                                   [Page 35]
                                                            
treme old age were murdered by the German soldiery at
Civitella, in the Ardeatine Caves in Rome, and at other
places.

 2. In the USSR, i.e., in the Bielorussian, Ukranian,
 Esthonian, Latvian, Lithuanian, Karelo-Finnish, and
 Moldavum Soviet Socialist Republics, in 19 regions of the
 Russian Soviet Federated Socialist Republic, and in
 Poland, Czechoslovakia, Yugoslavia, Greece, and the
 Balkans (hereinafter called "the Eastern Countries") and
 in that part of German which lies East of a line drawn
 North and South through the centre of Berlin (hereinafter
 called "Eastern Germany").

From the 1st September 1939, when the German armed forces
invaded Poland, and from the 22nd June 1941, when they
invaded the USSR, the German Government and the German High
Command adopted a systematic policy of murder and
illtreatment of the civilian populations of and in the
Eastern Countries as they were successively occupied by the
German armed forces. These murders and ill-treatments were
carried on continuously until the German Armed Forces were
driven out of the said countries.

Such murders and ill-treatments included:

(a) Murders and ill-treatments at concentration camps and
similar establishments set up by the Germans in the Eastern
Countries and in Eastern Germany including those set up at
Maidanek and Auschwitz.

The said murders and ill-treatments were carried out by
divers means including all those set out above, as follows:

About 1,500,000 persons were exterminated in Maidanek and
about 4,000,000 persons were exterminated in Auschwitz,
among whom were citizens of Poland, the USSR, the United
States of America, Great Britain, Czechoslovakia, France and
other countries.

In the Lwow region and in the city of Lwow the Germans
exterminated about 700,000 Soviet people, including 70
persons in the field of the arts, science and technology,
and also citizens of the US A., Great Britain,
Czechoslovakia, Yugoslavia and Holland, brought to this
region from other concentration camps.

In the Jewish ghetto from September 7th, 1941, to July 6th, 1943, over
133,000 persons were tortured and shot.

Mass shooting of the population occurred in the suburbs of
the city and in the Livenitz forest.

In the Ganov camp 200,000 peaceful citizens were exterminated.

                                                   [Page 36]

The most refined methods of cruelty were employed in this
extermination, such as disembowelling and the freezing of
human beings in tubs of water. Mass shootings took place to
the accompaniment of the music of an orchestra recruited
from the persons interned.

Beginning with June, 1943, the Germans carried out measures
to hide the evidence of their crimes. They exhumed and
burned corpses, and they crushed the bones with machines and
used them for fertilizer.

At the beginning of 1944 in the Ozarichi region of the
Bielorussian SSR., before liberation by the Red Army, the
Germans established three concentration camps without
shelters, to which they committed tens of thousands of
persons from the neighboring territories. They brought many
people to these camps from typhus hospitals intentionally,
for the purpose of infecting the other persons interned and
for spreading the disease in territories from which the
Germans were being driven by the Red Army. In these camps
there were many murders and crimes.

In the Esthonian SSR. they shot tens of thousands of persons
and in one day alone, 19th September 1944, in Camp Kloga,
the Germans shot 2,000 peaceful citizens. They burned the
bodies on bonfires.

In the Lithuanian SSR. there were mass killings of Soviet
citizens, namely: in Panerai at least 100,000; in Kaunas
more than 70,000; in Alitus about 60,000; at Prenai more
than 3,000; in Villiampol about 8,000; in Mariampol about
7,000; in Trakai and neighbouring towns 37,640.

In the Latvian SSR. 577,000 persons were murdered.

As a result of the whole system of internal order maintained
in all camps, the interned persons were doomed to die.

In a secret instruction entitled "the internal regime in
concentration camps", signed personally by Himmler in 1941
severe measures of punishment were set forth for the
internees. Masses of prisoners of war were shot, or died
from the cold and torture.

(b) Murders and ill-treatments at places in the Eastern
Countries and in the Soviet Union, other than in the camps
referred to in (a) above, included, on various dates during
the occupation by the German Armed Forces:

The destruction in the Smolenck region of over 135,000
Soviet citizens.

Among these, near the village of Kholmetz of the Sychev
region, when the military authorities were required to
remove the mines from an area, on the order of the Commander
of the 101st German Infantry Division, Major-General Fisler,
the German
                                                   [Page 37]
                                                            
soldiers gathered the inhabitants of the village of Kholmetz
and forced them to remove mines from the road. All of these
people lost their lives as a result of exploding mines.

In the Leningrad region there were shot and tortured over
172,000 persons, including over 20,000 persons who were
killed in the city of Leningrad by the barbarous artillery
barrage and the bombings.

In the Stavropol region in an anti-tank trench close to the
station of  Mineralny Vody, and in other cities, tens of
thousands of persons were exterminated.

In Pyatigorsk many were subjected to torture and criminal
treatment, including suspension from the ceiling and other
methods. Many of the victims of these tortures were then
shot.

In Krasnodar some 6,700 civilians were murdered by poison
gas in gas vans, or were shot and tortured.

In the Stalingrad region more than 40,000 persons were
killed and tortured. After the Germans were expelled from
Stalingrad, more than a thousand mutilated bodies of local
inhabitants were found with marks of torture. One hundred
and thirty-nine women ad their arms painfully bent
backward and held by wires. From some their breasts had been
cut off and their ears, fingers and toes had been amputated.
The bodies bore the marks of burns. On the bodies of the men
the five pointed star was burned with an iron or cut with a
knife. Some were disembowelled.

In Orel over 5,000 persons were murdered.

In Novgorod and in the Novgorod region many thousands of
Soviet citizens were killed by shooting, starvation and
torture. In Minsk tens of thousands of citizens were
similarly killed.

In the Crimea peaceful citizens were gathered on barges,
taken out to sea and drowned, over 144,000 persons being
exterminated in this manner.

In the Soviet Ukraine there were monstrous criminal acts of
the Nazi conspirators. In Babi Yar, near Kiev, they shot
over 100,000 men, women, children and old people. In this
city in January, 1941, after the explosion in German
Headquarters on Dzerzhinsky Street the Germans arrested as
hostages 1,250 persons -- old men, minors, women with nursing
infants. In Kiev they killed over 195,000 persons.

In Rovno and the Rovno region they killed and tortured over
100,000 peaceful citizens.

In Dnepropetrovsk, near the Transport Institute, they shot
or threw alive into a great ravine 11,000 women, old men and
children.
                                                   [Page 38]

In Kamenetz-Podolsk Region 31,000 Jews were shot and
exterminated, including 13,000 persons brought there from
Hungary.

In the Odessa Region at least 200,000 Soviet citizens were
killed.

In Kharkov about 195,000 persons were either tortured to
death, shot or gassed in gas vans.

In Gomel the Germans rounded up the population in prison,
and tortured and tormented them, and then took them to the
centre of the city and shot them in public.

In the city of Lyda in the Grodenen region on 8th May, 1942,
5,670 persons were completely undressed, driven into pens in
groups of 100 and then shot by machine guns. Many were
thrown in the graves while they were still alive.

Along with adults the Nazi conspirators mercilessly
destroyed even children. They killed them with their
parents, in groups and alone. They killed them in children's
homes and hospitals, burying the living in the graves,
throwing them into flames, stabbing them with bayonets,
poisoning them, conducting experiments upon them, extracting
their blood for the use of the German Army, throwing them
into prison an Gestapo torture chambers and concentration
camps, where the children died from hunger, torture and
epidemic diseases.

From 6th September 1942 to 24th November 1942, in the region
of Brest, Pinsk, Kobren, Dyvina, Malority and Berezy-
Kartuzsky about 400 children were shot by German punitive
units.

In the Yanov camp in the city of Lwow the Germans killed
8,000 children in two months.

In the resort of Tiberda the Germans annihilated 500
children suffering from tuberculosis of the bone, who were
in the sanatorium for the cure.

On the territory of the Latvian SSR. the German usurpers
killed thousands of children, which they had brought there
with their parents from the Bielorussian SSR., and from the
Kalinin, Kaluga and other regions of the R.S.F.S.R.

In Czechoslovakia as a result of torture, beating, hanging,
and shootings, there were annihilated in Gestapo prisons in
Brno, Seim and other places over 20,000 persons. Moreover
many thousands of internees were subjected to criminal
treatment, beatings and torture.

Both before the war, as well as during the war, thousands of
Czech patriots, in particular catholics and protestants,
lawyers, doctors, teachers, etc., were arrested as hostages
and imprisoned. A large number of these hostages were killed
by the Germans.
                                                   [Page 39]

In Greece in October, 1941, the male populations between 16
and 60 years of age of the Greek villages Amelofito,
Kliston, Kizonia Mesovunos, Selli, Ano-Kerzilion and Kato-
Kerzilion were shotin all 416 persons.

In Yugoslavia many thousands of civilians were murdered.
Other examples are given under paragraph (D), "Killing of
Hostages", below.

   B) DEPORTATION FOR SLAVE LABOUR AND FOR OTHER PURPOSES
 OF THE CIVILIAN POPULATIONS OF AND IN OCCUPIED TERRITORIES
                              
During the whole period of the occupation by Germany of both
the Western and the Eastern Countries it was the policy of
the German Government and of the German High Command to
deport able bodied citizens from such occupied countries to
Germany and to other occupied countries for the purpose of 
slave labour upon defence works, in factories and in other 
tasks connected with the German War effort.

In pursuance of such policy there were mass deportations
from all the Western and Eastern countries for such
purposes during the whole period of the occupation.

Such deportations were contrary to international
Conventions, in particular to Article 46 of the Hague
Regulations, 1907, the laws and customs of war, the general
principles of criminal law as derived from the criminal laws
of all civilized nations, the internal penal laws of the
countries in which such crimes were committed and to Article
6 (b) of the Charter.

Particulars of deportations, by way of example only and
without prejudice to the production of evidence of other
cases are as follows:

1. From the Western Countries:

From France the following deportations of persons for
political and racial reasons took place each of which
consisted of from 1,500-2,500 deportees:

1940             	        3 Transports
1941                           14 Transports
1942                          104 Transports
1943                          257 Transports
1944                          326 Transports

Such deportees were subjected to the most barbarous
conditions of overcrowding; they were provided with wholly
insufficient clothing and were given little or no food for
several days.

The conditions of transport were such that many deportees
died in the course of the voyage, for example:

                                                   [Page 40]
                                                            
In one of the wagons of the train which left Compiegne for
Buchenwald, on 17th September 1943, 80 men died out of 130;

On 4th June, 1944, 484 bodies were taken out of the train at
Sarrebourg;

In a train which left Compiegne on 2nd July 1944, for
Dachau, more than 600 dead were found on arrival, i.e., one-
third of the total number;

In a train which left Compiegne on the 16th January 1944,
for Buchenwald more than 100 men were confined in each
wagon, the dead and the wounded being heaped in the last
wagon during the voyage;

In April, 1945, of 12,000 internees evacuated from
Buchenwald, 4,000 only were still alive when the marching
column arrived near Regensburg.

During the German occupation of Denmark, 5,200 Danish
subjects were deported to Germany and there imprisoned in
concentration camps and other places.

In 1942 and thereafter 6,000 nationals of Luxembourg were
departed from their country under deplorable conditions as a
result of which many of them perished.

From Belgium between 1940 and 1941 at least 190,000
civilians were deported to Germany and used as slave labour.
Such deportees were subjected to ill-treatment and many of
them were compelled to work in armament factories.

From Holland, between 1940 and 1944 nearly half a million
civilians were deported to Germany and to other occupied
countries.

2. From the Eastern Countries:

The German occupying authorities deported from the Soviet
Union to slavery about 4,978,000 Soviet citizens.

750,000 Czechoslovakian citizens were taken away for forced
labor outside the Czechoslovak frontiers in the interior of
the German war machine.

On June 4,1941, in the city of Zagreb (Yugoslavia) a meeting
of German representatives was called with the Councillor Von
Troll presiding. The purpose was to set up the means of
deporting the Yugoslav population from Slovenia. Tens of
thousands of persons were deported in carrying
out this plan.
                                                   [Page 41]

  (C) MURDER AND ILL-TREATMENT OF PRISONERS OF WAR, AND OF
   OTHER MEMBERS OF THE ARMED FORCES OF THE COUNTRIES WITH
  WHOM GERMANY WAS AT WAR, AND OF PERSONS ON THE HIGH SEAS

The Defendants murdered and ill-treated prisoners of war by
denying them adequate food, shelter, clothing and medical
care and attention; by forcing them to labor in inhumane
conditions; by torturing them and subjecting them to inhuman
indignities and by killing them. The German
Government and the German High Command imprisoned prisoners
of war in various concentration camps, where they were
killed and subjected to inhuman treatment by the various
methods set forth in paragraph VIII (A). Members of the
armed forces of the countries with whom Germany was at war
were frequently murdered while in the act of surrendering.
These murders and ill-treatment were contrary to International
Conventions, particularly Articles 4, 5, 6, and 7 of the
Hague Regulations, 1907, and to Articles 2, 3, 4 and 6 of
the Prisoners of War Convention (Geneva 1929) the laws and
customs of war, the general principles of criminal law as
derived from the criminal laws of all civilized nations, the
internal penal laws of the countries in which such crimes
were committed and to Article 6 (b) of the Charter.

Particulars by way of examples and without prejudice to the
production of evidence of other cases, are as follows:

1. In the Western Countries:

French officers who escaped from Oflag X C were handed over
to the Gestapo and disappeared; others were murdered by
their guards; others sent to concentration camps and
exterminated. Among others, the men of Stalag VI C were sent
to Buchenwald.

Frequently prisoners captured on the Western Front were
obliged to march to the camps until they completely
collapsed. Some of them walked more than 600 kilometers with
hardly any food; they marched on for 48 hours running,
without being fed; among them a certain number died of
exhaustion or of hunger; stragglers were systematically
murdered.

The same crimes have been committed in 1943, 1944 and 1945
when the occupants of the camps were withdrawn before the
Allied advance; particularly during the withdrawal of the
prisoners of Sagan on 8th February 1945.

Bodily punishments were inflicted upon non-commissioned
officers and cadets who refused to work. On 24th December, 1943 
three French N.C.O's were murdered for that motive in Stalag IV A.
Many ill:treatments were inflicted without motive on other
ranks: stabbing with bayonets, striking with rifle-butts and
whip-

                                                   [Page 42]
                                                            
ping; in Stalag XX B the sick themselves were beaten many
times by sentries; in Stalag III B and
Stalag III C, worn-out prisoners were murdered or grievously
wounded. In military gaols in Graudenz for instance, in
reprisal camps as in Rava-Ruska, the food was so
insufficient that the men lost more than 15 kilograms in a
few weeks. In May, 1942, 1 loaf of bread only was
distributed in Rava-Ruska to each group of 35 men.

Orders were given to transfer French officers in chains to
the camp of Mauthausen after they had tried to escape. At
their arrival in camp they were murdered, either by
shooting, or by gas and their bodies destroyed in the
crematorium.

American prisoners, officers and men, were murdered in
Normandy during the summer of 1944 and in the Ardennes in
December, 1944. American prisoners were starved, beaten and
otherwise mistreated in numerous Stalag in Germany and in
the occupied countries, particularly in 1943,
1944 and 1945.

2. In the Eastern Countries:

At Orel prisoners of war were exterminated by starvation,
shooting, exposure, and poisoning.

Soviet prisoners of war were murdered en masse on orders
from the High Command and the Headquarters of the SIPO and
SD. Tens of thousands of Soviet prisoners of war were
tortured and murdered at the "Gross Lazaret" at Slavuta.

In addition, many thousands of the persons referred to in
paragraph VIII (A) 2, above, were Soviet prisoners of war.

Prisoners of war who escaped and were recaptured were handed
over to SIPO and SD for shooting.

Frenchmen fighting with the Soviet Army who were captured
were handed over to the Vichy Government for "proceedings".

In March, 1944, 50 R.A.F. officers who escaped from Stalag
Luft III at Sagan, when recaptured, were murdered.

In September, 1941, 11,000 Polish officers, who were
prisoners of war were killed in the Katyn Forest near
Smolensk.

[Transcription note: The above charge was included at the
insistence of the Soviets, even though it was clear to
American, British and French prosecutors that the Soviets
themselves had been responsible. See

http://www.almanac.bc.ca/cgi-bin/ftp.pl?places/germany/nuremberg/
tusa/katyn-hearing 

and

http://www.almanac.bc.ca/cgi-bin/ftp.pl?places/germany/nuremberg/
tusa/katyn-into-indictment. knm. 1996/05/04]

In Yugoslavia the German Command and the occupying
authorities in the persOn of the chief officials of the
Police, the SS troops (Police Lieutenant General Rosener)
and the Divisional Group Command (General Kuebler and
others) in the period 1941-43 ordered the shooting of
prisoners of war.

                   (D) KILLING OF HOSTAGES

Throughout the territories occupied by the German armed
forces in the course of waging aggressive wars, the
defendants adopted and put into effect on a wide scale the
practice of taking,

                                                   [Page 43]
                                                            
and of killing, hostages from the civilian population. These
acts were contrary to International Conventions, particularly 
Article 50 of the Hague Regulations, 1907, the laws and customs 
of war, the general principles of criminal law as derived from the 
criminal laws of all civilized nations, the internal penal laws of the
countries in which such crimes were committed and to Article 6 (b) 
of the Charter.

Particulars by way of example and without prejudice to the
production of evidence of other cases, are as follows:

1. In the Western Countries:

In France hostages were executed either individually or
collectively; these executions took place in all the big
cities of France among others in Paris, Bordeaux and Nantes,
as well as at Chateabriant.

In Holland many hundreds of hostages were shot at the
following among other places -- Rotterdam, Apeldoorn, Amsterdam,
Benschop and Haarlem.

In Belgium many hundreds of hostages were shot during the
period 1940 to 1944.

2. In the Eastern Countries:

At Kragnevatz in Yugoslavia 2,300 hostages were shot in
October, 1941.

At Kralevo in Yugoslavia 5,000 hostages were shot.

          (E) PLUNDER OF PUBLIC AND PRIVATE PROPERTY

The defendants ruthlessly exploited the people and the
material resources of the countries they occupied, in order
to strengthen the Nazi war machine, to depopulate and
impoverish the rest of Europe, to enrich themselves and
their adherents, and to promote German economic
supremacy over Europe.

The Defendants engaged in the following acts and practices,
among others:

1. They degraded the standard of life of the people of
occupied countries and caused starvation, by stripping
occupied countries of foodstuffs for removal to Germany.

2. They seized raw materials and industrial machinery in all
of the occupied countries, removed them to Germany and used
them in the interest of the German war effort and the German
economy.

3. In all the occupied countries, in varying degrees, they
confiscated businesses, plants and other property.

4. In an attempt to give color of legality to illegal
acquisitions

                                                   [Page 44]
                                                            
of property, they forced owners of property to go through
the forms of "voluntary" and "legal" transfers.

5. They established comprehensive controls over the
economies of all of the occupied countries and directed
their resources, their production and their labor in the
interests of the German war economy, depriving the local
populations of the products of essential industries.

6. By a variety of financial mechanisms, they despoiled all
of the occupied countries of essential commodities and
accumulated wealth, debased the local currency systems and
disrupted the local economies. They financed extensive
purchases in occupied countries through clearing
arrangements by which they exacted loan from the occupied
countries. They imposed occupation levies, exacted financial
contributions, and issued occupation currency, far in excess
of occupation costs. They used these excess funds to finance
the purchase of business properties and supplies in the
occupied countries.

7. They abrogated the rights of the local populations in the
occupied portions of the USSR and in Poland and in other
countries to develop or manage agricultural and industrial
properties, and reserved this area for exclusive settlement,
development, and ownership by Germans and their so called
racial brethren.

8. In further development of their plan of criminal
exploitation, they destroyed industrial cities, cultural
monuments, scientific institutions, and property of all
types in the occupied territories to
eliminate the possibility of competition with Germany.

9. From their program of terror, slavery, spoliation and
organized outrage, the Nazi conspirators created an
instrument for the personal profit and aggrandizement of
themselves and their adherents. They secured for themselves
and their adherents

     (a) Positions in administration of business involving
     power, influence and lucrative perquisites.
     
     (b) The use of cheap forced labor.
     
     (c) The acquisition on advantageous terms of foreign
     properties, business interests, and raw materials.
     
     (d) The basis for the industrial supremacy of Germany.

These acts were contrary to International Conventions,
particularly Articles 46 to 56 inclusive of the Hague
Regulations, 1907, the laws and customs of war, the general
principles of criminal law as derived from the criminal laws
of all civilized nations, the internal penal laws of the
countries in which such crimes were committed and to Article
6 (b) of the Charter.

Particulars (by way of example and without prejudice to the
production of evidence of other cases are as follows:

                                                   [Page 45]
                                                            
1. Western Countries:

There was plundered from the Western Countries from 1940 to
1944, works of art, artistic objects, pictures, plastics,
furniture, tiles, antique pieces and similar articles of
enormous value to the. number of 21,903. In France
statistics show the following:

                  Removal of Raw Materials

Coal                               63,000,000 tons
Electric energy                        20,976 Mkwh
Petrol and fuel                     1,943,750 tons
Iron ore                           74,848,000 tons
Siderurgical products               3,822,000 tons
Bauxite                             1,211,800 tons
Cement                              5,984,000 tons
Lime                                1,888,000 tons
Quarry products                    25,872,000 tons

and various other products to a total value of
79,961,423,000 francs.

               Removal of Industrial Equipment

Total: 9,759,861,000 Francs, of which 2,626,479,000 Francs
of Machine Tools.

               Removal of Agricultural Produce

Total: 126,655,852,000 francs, i.e., for the principal
Products:

Wheat                              2,947,337 tons
Oats                               2,354,080 tons
Milk                                 790,000 hectolitres
Milk (concentrated and in powder)    460,000 hectolitres
Butter                                76,000 tons
Cheese                                49,000 tons
Potatoes                             725,975 tons
Various vegetables                   575,000 tons
Wine                               7,647,000 hectolitres
Champagne                         87,000,000 bottles
Beer                               3,821,520 hectolitres
Various kinds of alcohol           1,830,000 hectolitres

              Removal of Manufactured Products

to a total of 184,640,000 francs.

                                                   [Page 46]

Francs: 257,020,024,000 from private enterprise
Francs: 55,000,100,000 from the State.

                   Financial Exploitation

From June 1940 to September 1944 the French Treasury was
compelled to pay to Germany 631,866,000,000 francs.

           Looting and Destruction of Works of Art

The museums of Nantes, Nancy, Old-Marseilles were looted;

Private collections of great value were stolen. In this way
Raphaels, Vermeers, Van Dycks and works of Rubens, Holbein,
Rembrandt, Watteau, Boucher disappeared. Germany compelled
France to deliver up "The Mystic Lamb" by Van Eyck, which
Belgium had entrusted to her.

In Norway and other occupied countries decrees were made by
which the property of many civilians, societies, etc., was
confiscated. An immense amount of property of every kind was
plundered from France, Belgium, Norway, Holland and
Luxemburg.

As a result of the economic plundering of Belgium between
1940 and 1944 the damage suffered amounted to 175 billions
of Belgian francs.

2. Eastern Countries:

During the occupation of the Eastern Countries the German
Government and the German High Command carried out, as a
systematic policy, a continuous course of plunder and
destruction including:

On the territory of the Soviet Union the Nazi conspirators
destroyed or severely damaged 1,710 cities and more than
70,000 villages and hamlets, more than 6,000,000 buildings
and made homeless about 25,000,000 persons.

Among the cities which suffered most destruction are
Stalingrad, Sevastopol, Kiev, Minsk, Odessa, Smolensk,
Novgorod, Pskov, Orel, Kharkov, Voronezh, Rostov-on-Don,
Stalino and Leningrad.

As is evident from an official memorandum of the German
command, the Nazi conspirators planned the complete
annihilation of entire Soviet cities. In completely secret
order of the Chief of the Naval Staff (Staff Ia No. 1601/41,
dated 29th September 1941), addressed only to Staff
officers, it was said:

"The Fuehrer has decided to erase from the face of the earth
St. Petersburgh. The existence of this large city will have
no further interest after Soviet Russia is destroyed.
Finland has

                                                   [Page 47]
                                                            
also said that the existence of this city on her new border
is not desirable from her point of view. The original
request of the Navy that docks, harbor, etc. necessary for
the fleet be preserved is known to the Supreme Commander of
the Military Forces, but the basic principles of carrying
out operations against St. Petersburgh do not make it
possible to satisfy this request.

It is proposed to approach near to the city and to destroy
it with the aid of an artillery barrage from weapons of
different calibres and with long air attacks.

The problem of the life of the population and the
provisioning of them is a problem which cannot and must not
be decided by us.

In this war * * * we are not interested in preserving even a
part of the population of this large city."

The Germans destroyed 427 museums, among them the wealthy
museums of Leningrad, Smolensk, Stalingrad, Novgorod,
Poltava and others.

In Pyatigorsk the art objects brought there from the Rostov
museum were seized.

The losses suffered by the coal mining industry alone in the
Stalin Region amount to 2,000,000,000 rubles. There was
colossal destruction of industrial establishments in
Makerevka, Carlovka, Yenakievo, Konstantinovka, Mariupol,
from which most of the machinery and
factories were removed.

Stealing of huge dimensions and the destruction of
industrial, cultural and other property was typified in
Kiev. More than 4,000,000 books, magazines and manuscripts
(many of which were very valuable and even unique) and a
large number of artistic productions and valuables of
different kinds were stolen and carried away.

Many valuable art productions were taken away from Riga.

The extent of the plunder of cultural valuables is evidenced
by the fact that 100,000 valuable volumes and 70 cases of
ancient periodicals and precious monographs- were carried
away by Rosenberg's staff alone.

Among further examples of these crimes are:

Wanton devastation of the city of Novgorod and of many
historical and artistic monuments there. Wanton devastation
and plunder of the city of Ravno and of its province. The
destruction of the industrial, cultural and other property
in Odessa. The destruction of cities and villages in Soviet
Karelia. The destruction in Estonia of cultural, industrial
and other buildings.

The destruction of medical and prophylactic institutes, the
destruction of agriculture and industry in Lithuania, the
destruction of cities in Latvia.

                                                   [Page 48]

The Germans approached monuments of culture, dear to the
Soviet people, with special hatred. They broke up the estate
of the poet Pushkin in Mikhailovskoye, desecrating his
grave, and destroying the neighboring villages and the
Svyatogor monastery.

They destroyed the estate and museum of Lev Tolstoy,
"Yasnaya Polyana" and desecrated the grave of the great
writer. They destroyed in Klin the museum of Tsaikovsky and
in Penaty, the museum of the painter Repin and many others.

The Nazi conspirators destroyed 1,670 Greek Orthodox
Churches, 237 Roman Catholic Churches, 67 Chapels, 532
Synagogues, etc.

They broke up, desecrated and senselessly destroyed also the
most valuable monuments of the Christian Church, such as
Kievo Pecherskaya Lavra, Novy Jerusalem in the Istrin
region, and the most ancient monasteries and churches.

Destruction in Esthonia of cultural industrial and other
premises: burning down of many thousands of residential
buildings: removal of 10,000 works of art: destruction of
medical and prophylactic institutions. Plunder and removal
to Germany of immense quantities of agricultural stock
including horses, cows, pigs, poultry, beehives and
agricultural machines of all kinds.

Destruction of agriculture, enslavement of peasants and
looting of stock and produce in Lithuania.

In the Latvian Republic destruction of the agriculture by
the looting of all stock, machinery and produce.

The result of this policy of plunder and destruction was to
lay waste the land and cause utter desolation.

The overall value of the material loss which the USSR has
borne, is computed to be 679,000,000,000 rubles, in state
prices of 1941.

Following the German occupation of Czechoslovakia on
15 March 1939 the defendants seized and stole large stocks of
raw materials, copper, tin, iron, cotton, and food; caused
to be taken to Germany large amounts of railway rolling
stock, and many engines, carriages, steam vessels and
trolley buses; plundered libraries, laboratories, and art
museums of tools, pictures, objects of art, scientific
apparatus and furniture; stole all gold reserves and foreign
exchange of Czechoslovakia, including 23,000 kilograms of
gold of a nominal value of 5,265,000;
fraudulently acquired control and thereafter looted the
Czech banks and many Czech industrial enterprises; and
otherwise stole, looted and misappropriated Czechoslovak
public and private property. The total sum of defendants'
economic spoliation of Czechoslovakia from 1938 to 1945
is estimated at 200,000,000,000 Czechoslovak crowns.

                                                   [Page 49]
           (F) THE EXACTION OF COLLECTIVE PENALTIES

The Germans pursued a systematic policy of inflicting, in
all the occupied countries, collective penalties, pecuniary
and otherwise, upon the population for acts of individuals
for which it could not be regarded as collectively
responsible; this was done at many places, including Oslo,
Stavanger, Trondheim and Rogaland.

Similar instances occurred in France, among others in Dijon,
antes and as regards the Jewish population in the occupied
territories. The total amount of fines imposed on French
communities add up to 1,157,179,484 francs made up as
follows

A fine on the Jewish population 1,000,000,000

Various fines 157,179,484

These acts violated Article 50, Hague Regulations, 1907, the
laws and customs of war, the general principles of criminal
law -s derived from the criminal laws of all civilized
nations, the internal penal laws of the countries in which
such crimes were committed and Article 6 (b) of
the Charter.

  (G) WANTON DESTRUCTION OF CITIES, TOWNS AND VILLAGES AND
       DEVASTATION NOT JUSTIFIED BY MILITARY NECESSITY

The Defendants wantonly destroyed cities, towns and villages
and committed other acts of devastation without military
justification or necessity. These acts violated Articles 46
and 50 of the Hague Regulations, 1907, the laws and customs
of war, the general principles of criminal law as derived
from the criminal laws of al civilized nations, the internal
penal laws of the countries in which such crimes were
committed and Article 6 (b) of the Charter.

Particulars by way of example only and without prejudice to
the production of evidence of other cases are as follows:

1. Western Countries:

In March, 1941, part of Lofoten in Norway was destroyed.

In April, 1942, the town of Telerag in Norway was destroyed.

Entire villages were destroyed in France, among others
Oradour-sur-Glane, Saint-Nizier and, in the Vercors, La
Mure, Vassieux, La Chapelle en Vercors. The town of Saint
Die was burnt down and destroyed. The Old Port District of
Marseilles was dynamited in the beginning of 1943 and
resorts along the Atlantic and the Mediterranean coasts,
particularly the town of Sanary, were demolished.

In Holland there was most widespread and extensive
destruction, not justified by military necessity, including
the destruc-

                                                   [Page 50]
                                                            
tion of harbors, locks, dykes and bridges: immense
devastation was also caused by inundations which equally
were not justified by military necessity.

2. Eastern Countries:

In the Eastern Countries the Defendants pursued a policy of
wanton destruction and devastation: some particulars of this
(without prejudice to the production of evidence of other
cases) are set out above under the heading"Plunder of Public
and Private Property".

In Greece in 1941, the villages of Amelofito, Kliston,
Kizonia, Messovunos, Selli, Ano-Kerzilion and Kato-Kerzilion
were utterly destroyed.

In Yugoslavia on 15 August 1941, the German military command
officially announced that the village of Skela was burned to
the ground and the inhabitants killed on the order of the
command.

On the order of the Field Commander Hoersterberg a punitive
expedition from the SS troops and the field police destroyed
the villages of Machkovats, and Kriva Reka in Serbia and all
the inhabitants were killed.

General Fritz Neidhold (369 Infantry Division) on 11th
September 1944, gave an order to destroy the villages of
Zagniezde and Udora, hanging all the men and driving away
all the women and children.

In Czechoslovakia the Nazi conspirators also practised the
senseless destruction of populated places. Lezaky and Lidice
were burned to the ground and the inhabitants killed.

             (H) CONSCRIPTION OF CIVILIAN LABOUR

Throughout the occupied territories the defendants
conscripted and forced the inhabitants to labour and
requisitioned their services for purposes other than meeting
the needs of the armies of occupation and to an extent far
out of proportion to the resources of the countries
involved. All the civilians so conscripted were forced to
work for the German war effort. Civilians were required to
register and many of those who registered were forced to
join the Todt Organization and the Speer Legion, both of
which were semi-military organizations involving some
military training. These acts violated Articles 46 and 52 of
the Hague Regulations, 1907, the laws and customs of war,
the general principles of criminal law as derived from the criminal 
laws of all civilized nations, the internal penal laws of the countries
in which such crimes were committed and Article 6 (b) of the
Charter.

                                                   [Page 51]
                                                            
Particulars, by way of example only and without prejudice to
the production of evidence of other cases, are as follows:

1. Western Countries:

In France, from 1942 to 1944, 963,813 persons were compelled
to work in Germany and 737,000 to work in France for the German Army.

In Luxembourg in 1944 alone, 2,500 men and 500 girls were
conscripted for forced labor.

2. Eastern Countries:

Of the large number of citizens of the Soviet Union and of
Czechoslovakia referred to under Count Three III (B) 2 above
many were so conscripted for forced labor.

   (I) FORCING CIVILIANS OF OCCUPIED TERRITORIES TO SWEAR
                ALLEGIANCE TO A HOSTILE POWER

Civilians who joined the Speer Legion, as set forth in
paragraph (H) above, were required under threat of depriving
them of food, money and identity papers, to swear a solemn
oath acknowledging unconditional obedience to Adolf Hitler,
the Fuehrer of Germany, which was to them a hostile power.

In Lorraine, Civil Servants were obliged, in order to retain
their positions, to sign a declaration by which they
acknowledged the "return of their Country to the Reich",
pledged themselves to obey without reservation the orders of
their Chiefs and put themselves "at the active service of
the Fuehrer and the Great National Socialist Germany".

A similar pledge was imposed on Alsatian Civil Servants by
threat of deportation or internment.

These acts violated Article 45 of the Hague Regulations,
1907, the laws and customs of war, the general principles of
international law and Article 6 (b) of the Charter.

          (J) GERMANIZATION OF OCCUPIED TERRITORIES

In certain occupied territories purportedly annexed to
Germany the-defendants methodically and pursuant to plan
endeavored to assimilate those territories politically, culturally, 
socially and economically into the German Reich. The defendants
endeavored to obliterate the former national character of
these territories. In pursuance of these plans ad endeavors,
the defendants forcibly deported in-habitants who were
predominantly non-German and introduced thousands
of German colonists.

                                                   [Page 52]

This plan included economic domination, physical conquest,
installation of puppet Governments, purported de jure
annexation and enforced conscription into the German Armed
Forces.

This was carried out.in most of the Occupied Countries
including: Norway, France (particularly in the departments
of Upper Rhine, Lower Rhine, Moselle, Ardennes, Aisne, Nord,
Meurthe and Moselle), Luxembourg, the Soviet Union, Denmark,
Belgium, Holland.

In France in the Departments of the Aisne, the Nord, the
Meurthe and Moselle, and especially in that of the Ardennes,
rural properties were seized by a German state organization
which tried to have them exploited under German direction;
the landowners of these exploitations were dispossessed and
turned into agricultural laborers.

In the Department of the Upper Rhine, the Lower Rhine and
the Moselle, the methods of Germanization were those of
annexation followed by conscription.

1. From the month of August, 1940, officials who refused to
take the oath of allegiance to the Reich were expelled. On
September 21st expulsions and deportation of populations
began and on 22nd November 1940, more than 70,000 Lorrainers
or Alsacians were driven into the Souh zone of France. From
31st July 1941, onwards, more than 100,000 persons were
deported into the Eastern regions of the Reich or to Poland.
All the property of the deportees or expelled persons was
confiscated. At the same time, 80,000 Germans coming from
the Saar or from Westphalia, were installed in Lorraine and
2,000 farms belonging to French people were transferred to
Germans.

2. From 2nd January 1942, all the young people of the
Departments of the Upper Rhine and the Lower Rhine, aged
from 10 to 18 years, were incorporated in the Hitler Youth.
The same thing was done in the Moselle from 4th August 1942.
From 1940 all the French schools were closed, their staffs
expelled, and the German school system was introduced in the
three departments.

3. On the 28th September 1940, an order applicable to the
Department of the Moselle ordained the Germanization of all
the surnames and christian names which were French in form.
The same thing was done from the 16th January 1943, in the
Departments of the Upper Rhine and the Lower Rhine.

4. Two orders from 23rd August 1942 to 24th August 1942,
imposed by force German nationality on French citizens.

5. On 8th May 1941, for the Upper Rhine and the Lower Rhine,
23rd April 1941, for the Moselle, orders were promulgated --
enforcing compulsory labour service on all French citizens

                                                   [Page 53]
                                                            
of either sex aged from 17 to 25 years. From 1st January
1942, for young men and from 26th January 1942, for young
girls, national labour service was effectively organized in
the Moselle. It was from 27th August 1942, in the Upper
Rhine and in the Lower Rhine for young men only. The classes
1940, 1941, 1942 were called up.

6. These classes were retained in the Wehrmacht on the
expiration of their time and labour service. On 19th August
1942, an order instituted compulsory military service in the
Moselle. On 25th August 1942, the classes 1940 4 were called
up in three Departments. Conscription was enforced by the
German authorities in conformity with the provisions of
German legislation. The first revision boards took place
from the 3 September 1942. Later in the Upper Rhine and the Lower
Rhine new levies were effected everywhere on classes 1928
to 1939 inclusive. The French people who
refused to obey these laws were considered as deserters and
their families were deported, while their property was
confiscated.

These acts violated Articles 43, 46, 55 and 56 of the Hague
Regulations, 1907, the laws and customs of war the general
principles of criminal law as derived from the criminal laws
of all civilized nations, the internal penal laws of the
countries in which such crimes were committed and Article 6
(b) of the Charter.

  IX. Individual, group and organization responsibility for
                     the offense stated
                       in Count Three

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 Three 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 Three
of the Indictment.


            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 8th May 1945 in Germany and in
all those countries and territories occupied by the German
armed forces since 1st September 1939 and in Austria and
Czechoslovakia and in Italy and on the High Seas.

                                                   [Page 54]
                                                            
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 Carter. 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, or
who were be 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; favoured 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 labour, and murdered
and ill-treated

                                                   [Page 55]
                                                            
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 1st September 1939,
and until 8th 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 1st September 1939.

Since 1st 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
introduction of evidence of other cases are as follows:

The Nazis murdered amongst others Chancellor Dollfuss, the
Social Democrat Breitscheid and the Communist Thaelmann.
They imprisoned in concentration camps numerous political
and religious personages, for example Chancellor Schuschnigg
and Pastor Niemoeller.

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.

                                                   [Page 56]
                                                            

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 gaswagons
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 on 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 organisation 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.

                     ROBERT H. JACKSON.
      Acting on Behalf of the United States of America.
                    FRANCOIS DE MENTHON.
          Acting on Behalf of the French Republic.
                     HARTLEY SHAWCROSS.
 Acting on Behalf of the United Kingdom of Great Britain and
                          Northern
                          Ireland.
                         R. RUDENKO,
Acting on Behalf of the Union of Soviet Socialist Republics.

Berlin, 6th October 1945.

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