Judgment:
[Page 3]
The individual defendants are indicted under Article 6 of
the Charter, which is as follows:
"The following acts, or any of them, are crimes
coming within the jurisdiction of the Tribunal for
which there shall be individual responsibility:
"(a) Crimes Against Peace: namely, planning,
preparation, initiation or waging of a war of
aggression, or a war in violation of international
treaties, agreements or assurances, or
participation in a common plan or conspiracy for
the accomplishment of any of the foregoing:
"(b) War crimes: namely, violations of the laws or
customs of war. Such violations shall include, but
not be limited to, murder, ill-treatment or
deportation to slave labor or for any other
purpose of civilian population of or in occupied
territory, murder or ill-treatment of prisoners of
war or persons on the seas, killing of hostages,
plunder of public or private property, wanton
destruction of cities, towns or villages, or
devastation not justified by military necessity:
"(c) Crimes against humanity: namely, murder,
extermination, enslavement, deportation, and other
inhumane acts committed against any civilian
population, before or during the war, or
persecutions on political, racial, or religious
grounds in execution of or in connection with any
crime within the jurisdiction of the Tribunal,
whether or not in violation of the domestic law of
the country where perpetrated.
"Leaders, organizers, instigators, and
accomplices, participating in the formulation or
execution of a common plan or conspiracy to commit
any of the foregoing crimes are responsible for
all acts performed by any persons in execution of
such plan."
These provisions are binding upon the Tribunal as the law to
be applied to the case. The Tribunal will later discuss them
in more detail; but, before doing so, it is necessary to
review the facts. For the purpose of showing the background
of the aggressive war and war crimes charged in the
Indictment, the Tribunal will begin by reviewing some of the
events that followed the first World War, and in particular,
by tracing the growth of the Nazi Party under Hitler's
leadership to a position of supreme power from which it
controlled the destiny of the whole German People, and paved
the way for the alleged commission of all the crimes charged
against the defendants.
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The Charter Provisions
[THE PRESIDENT (LORD JUSTICE LAWRENCE, Member for the United Kingdom of
Great Britain and Northern Ireland) continues]
"Article 6. The Tribunal established by the
Agreement referred to in Article 1 hereof for the
trial and punishment of the major war criminals of
the European Axis countries shall have the power
to try and punish persons who, acting in the
interests of the European Axis countries, whether
as individuals or as members of organisations,
committed any of the following crimes:
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