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Trials of War Criminals Before Nuernberg Military Tribunals Under Control Council Law No. 10

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Trials of War Criminals Before Nuernberg Military Tribunals Under Control Council Law No. 10 XI. JUDGMENT Official transcript of the American Military Tribunal [Tl"ibunal V] in the matter of the United States of America, vs. Wilhelm von Leeb, et al., defend­ ants, sitting at Nuernberg, Germany, on 27 October 1948, Justice John C. Young, presiding. * * * * * * * PRESIDING JUDGE YOUNG: The Tribunal will now proceed to read the judgment. This Tribunal is composed of Presiding Judge John C. Young (formerly Chief Justice of the Supreme Court of Colorado), and Associate Judges Justin W. Harding (formerly U. S. District Judge First Division, District of Alaska) and Winfield B. Hale (Justice Tennessee Court of Appeals, on leave of absence). It was created under and by virtue of Military Government Ordinance No.7, effective 18 October 1946, adopted pursuant to Control Council Law No. 10, enacted 20 December 1945, in order to give effect to the London Agreement of 8 August 1945, and the Charter issued pursuant thereto for the prosecution of war criminals. In Nuernberg, on 28 November 1947, in accordance with Ord­ inance No.7 (Article III (a» supra, an indictment was lodged against the defendants by Telford Taylor, Brigadier General, U.S.A., Chief of Counsel for War Crimes, acting in behalf of the United States of America. A copy of the indictment in the German language was served upon each defendant at least thirty days prior to arraignment on 30 December 1947, at which time each, in the presence of counsel of his own selection, entered a plea of "not guilty." The indictment named as defendants: Generalfeldmarschall (General of the Army) Wilhelm von Leeb, Generalfeldmarschall (General of the Army) Hugo Sperrle, Gen­ eralfeldmarschall (General of the Army) Georg Karl Friedrich­ Wilhelm von Kuechler, Generaloberst (General) Johannes Blasko­ witz, Generaloberst (General) Hermann Hoth, Generaloberst (General) Hans Reinhardt, Generaloberst (General) Hans von Salmuth, Generaloberst (General) Karl Hollidt, Generaladmiral (Admiral) Otto Schniewind, General der Infanterie (Lieutenant General Infantry) Karl von Roques, General der Infanterie (Lieu­ tenant General, Infantry) Hermann Reinecke, General der Artil­ lerie (Lieutenant General, Artillery) Walter Warlimont, General der Infanterie (Lieutenant General, Infantry) Otto Woehler, and Generaloberstabsrichter (Lieutenant General, Judge Advocate) Rudolf Lehmann. 462 PURL: https://www.legal-tools.org/doc/c340d7/ The defendant General Johannes Blaskowitz committed suicide in prison on 5 February 1948, and thereby the case against him was terminated. TH E INDICTMENT The indictment is in four counts charging (1) crimes against peace; (2) war crimes; (3) crimes against humanity; and (4) a common plan or conspiracy to commit the crimes charged in counts one, two, and three. Count One-Crimes against Peace-The first count of the indictment, paragraphs 1 and 2 is as follows: "1. All of the defendants, with divers other persons, includ­ ing the co-participants listed in Appendix A, during a period of years preceding 8 May 1945, committed crimes against peace as defined in Article II of Control Council Law No. 10, in that they participated in the initiation of invasions of other countries and wars of aggression in violation of international laws and treaties, including but not limited to the planning, preparation, initiation, and waging of wars of aggression, and wars in violation of international treaties, agreements, and assurances. "2. The defendants hold high military positions in Germany and committed crimes against peace in that they were princi­ pals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations and groups connected with, the commission of crimes against peace." Then follow paragraphs 3 to 44, inclusive, covering plans of aggressions, and wars and invasions against Austria, Czecho­ slovakia, Poland, Great Britain, France, Denmark, Norway, Bel­ gium, The Netherlands, Luxembourg, Yugoslavia, Greece, the U.S.S.R., and the United States of America, and undertook to show the unfolding of these plans of aggression and to particu­ larize the participation of the defendants in the formulation, distribution, and execution thereof. Count Two-War Crimes-Count two of the indictment, para­ graph 45, is as follows: "45. Between September 1939, and May 1945, all of the de­ fendants herein, with divers other persons including the co­ participants listed in Appendix A, committed war crimes and crimes against humanity, as defined in Article II of Control Council Law No. 10, in that they participated in the commission of atrocities and offenses against prisoners of war and members of armed forces of nations then at war with the Third Reich 463 PURL: https://www.legal-tools.org/doc/c340d7/ or under the belligerent control of or military occupation by Germany, including but not limited to murder, ill-treatment, denial of status and rights, refusal of quarter, employment under inhumane conditions and at prohibited labor of prisoners of war and members of military forces, and other inhumane acts and violations of the laws and customs of war. The de­ fendants committed war crimes and crimes against humanity in that they were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enter­ prises involving, and were members of organizations and groups connected with, the commission of war crimes and crimes against humanity." Then follows paragraph 46, which in general terms sets out the unlawful acts as follows: "46. Unlawful orders initiated, drafted, distributed, and ex­ ecuted by the defendants directed that certain enemy troops be refused quarter and be denied the status and rights of prisoners of war, and that certain captured members of the military forces of nations at war with Germany be summarily executed. Such orders further directed that certain members of enemy armed forces be designated and treated by troops of the German armed forces, subordinate to the defendants, either as, 'partisans, Communists, bandits, terrorists' or by other terms denying them the status and rights of prisoners of war. Prisoners of war were compelled to work in war operations and in work having a direct relation to war opera­ tions, including the manufacture, transport, and loading of arms and munitions, and the building of fortifications. This work was ordered within the combat zone as well as in rear areas. Pursuant to a 'total war' theory and as part of the program to exploit all non-German peoples, prisoners of war were denied rights to which they were entitled under conven­ tions and the laws and customs of war. Soldiers were branded, denied adequate food, shelter, clothing and care, subjected to all types of cruelties and unlawful reprisals, tortured, and mur­ dered. Special screening and extermination units, such as Ein­ satz groups of the Security Police and Sicherheitsdienst (com­ monly known as the 'SD') , operating with the support and under the jurisdiction of the Wehrmacht, selected, and killed prisoners of war for religious, political, and racial reasons. Many recaptured prisoners were ordered executed. The crimes described in paragraphs 45 and 46 included, but were not limited to, those set forth hereafter in this count." 464 PURL: https://www.legal-tools.org/doc/c340d7/ This is followed by paragraphs 47 to 58, inclusive, which par­ ticularize certain unlawful acts, such as the issuance and execu­ tion of the, "Commissar Order," the "Commando Order," etc., and the participation of the defendants in the formulation, distri­ bution, and execution of these unlawful plans. Count Three-Paragraph 59 of the indictment, is as follows: "59. Between September 1939, and May 1945, all of the de­ fendants herein, with divers other persons including the co­ participants listed '-in Appendix A, committed war crimes and crimes against humanity as defined in Article II of Control Council Law No. 10, in that they participated in atrocities and offenses, including murder, extermination, ill-treatment, torture, conscription to forced labor, deportation to slave labor or for other purposes, imprisonment without cause, killing of hos­ tages, persecutions on political, racial and religious grounds, plunder of public and private property, wanton destruction of cities, towns and villages, devastation not justified by military necessity, and other inhumane and criminal acts against Ger­ man nationals and members of the civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by Germany. The defendants com­ mitted war crimes and crimes against humanity, in that they were principals in, accessories to, ordered, abetted, took a con­ senting part in, were connected with plans and enterprises involving, and were members of organizations and groups which were connected with, the commission of war crimes and crimes against humanity." The following paragraphs 60 to 82 set forth generally and particularly the unlawful acts, such as enslavement of the popu­ lation, plunder of public and private property, murder, etc., and participation of the defendants in the formulation, distri­ bution and execution of these unlawful plans. Count Four-Paragraphs 83 and 84, are as follows: "83. All the defendants, with divers other persons, during a period of years preceding 8 May 1945, participated as leaders, organizers, instigators, and accomplices in the formulation and execution of a common plan and conspiracy to commit, and which involved the commission
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