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Trial of the Major War Criminals Before International Military Tribunal, Volume I

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Trial of the Major War Criminals Before International Military Tribunal, Volume I This volume is published in accordance with the direction of the International Military Tribunal by the Secretariat of the Tribunal, un.d,er the juris- dictlofi of the ABlied Control Au,thcor,ity for Germany. TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THE INTERNATIONAL MILITARY TRIBUNAL NUREMBERG 14 NOVEMBER 1945 - 1 OCTOBER 1946 PUBLISHED AT NUREMBERG, GERMANY 19 4 7 VOLUME I OFFICIAL TEXT IN THE ENGLISH LANGUAGE OFFICIAL DOCUMENTS INTERNATIONAL MILITARY TRIBUNAL 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 GORING, RUDOLF HESS, JOACHIM VON RIBBENTROP, ROBERT LEY, WILHELM KEITEL; ERNST KALTENBRUNNER, ALFRED ROSENBERG, HANS FRANK, WILHELM FRICK, JULIUS STREICHER, WALTER FUNK, HJALMAR SCI-IACHT, GUSTAV KRUPP VON BOHLEN UND HALBACH, KARL DONITZ, ERICH RAEDER, BALDUR VON SCHIRACH, FRITZ SAUCKEL, ALFRED JODL, MARTIN BORMANN, FRANZ VON PAPEN, ARTHUR SEYSS-INQUART, ALBERT SPEER, CONSTANTIN VON NEURATH, and HANS FRITZSCHE, Individually and as Members of Any of the Following Groups or Organizations to which They Respectively Belonged, Namely: DIE REICHS- REGIERUNG (REICH CABINET); DAS KORPS DER PO- LITISCHEN LEITER DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (LEADERSHIP CORPS OF THE NAZI PARTY); DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITER- PARTEI (commonly known as the "SS") and including DER SICHERHEITSDIENST (commonly known as the "SD"); DIE GEHEIME STAATSPOLIZEI (SECRET STATE POLICE, com- monly known as the "GESTAPO"); DIE,STURMARTEILUNGEN DER NSDAP (commonly known as the "SA"); and the GENERAL STAFF and HIGH COMMAND of the GERMAN ARMED FORCES, all as defined in Appendix B of the Indictment, Defendants. PREFACE Recognizing the importance of establishing for history an authentic text of the Trial of major German war criminals, the International Military Tribunal directed the publication of the Record of the Trial. The proceedings are published in English, French, Russian, and German, the four languages used throughout the hearings. The documents admitted in evidence are printed only in their original language. The first volume contains basic, official, pre-trial documents together with the Tribunal's judgment and sentence of the defend- ants. In subsequent volumes the Trial proceedings are published in full from the preliminary session of 14 November 1945 to the closing session of 1 October 1946. They are followed by an index volume. Documents admitted in evidence conclude the publication. The proceedings of the International Military Tribunal were recorded in full by stenographic notes, and an electric sound record- ing of all oral proceedings was maintained. Reviewing sections have verified in the four languages citations, statistics, and other data, and have eliminated obvious grammatical errors and verbal irrelevancies. Finally, corrected texts have been certified for publication by Colonel Ray for the United States, Mr. Mercer for the United Kingdom, Mr. Fuster for France, and Major Poltorak for the Union of Soviet Socialist Republics. CONTENTS Members and alternate members of the Trhbund ......... 1 Offlchls of the General Seeretarfat .............. 2 Prosecullon Counsel ................... 3 Individual defendants and Defense Counsel ........... 6 FAablierhment of the Tribunal London Agreement of 8 August 1945 ............ 8 . Charter of the International Military Tribunal ........10 Protocol reclifying discrepancy in text of the Charter ......17 Rules of Procedure ....................19 Mi.nutes of the wpenlng session of the Tribunal. at Berlin. 18 Ootobep 1916 ....................24 Indietmemt Text of Indictment ...................27 Motion of the Prosecution for correcting discrepancies in the Indictment ......................93 Pleas of individual defendants ...............94 Letter of reservation by the Unite.d States Prosecutor in regard to wording of the Indictment ...............95 Notice Order of the Tribunal regarding notice to individaal defendants . 96 Order of the Tribunal regarding notice to members of groups and organizations ....................97 Order of the Tribunal regarding notice to Defen,dant Bormann . 102 Servlee Certificates of compliance with orders of the Tribunal regarding notice to members of groups and organizations and to Defendant Bormann .....................104 Certificates of service on individual defendants ........117 Certificate of service on Defendant Gustav Krupp von Bohlen and medical certificates attached thereto ...........118 Acknowledgment of service by Defendant Fritzsche and Defendant Raeder ......................123 Moltion on behalf of Defendmt Gustav Kmpp van Bohlen for post- ponement of the Trial as to him. and action %&en thereon Motion. and medical certificates attached thereto ...... Report of medical corn~mission appointed to examine Defendant Gustav Krupp von Bohlen ............... Answer of the United States Prosecution to th.e nlotion .... Memorandum of the British Prosecution on the motion .... Memorandum of the French Prosecution on the motion ..... Su.pplemental memorandum of the French Prosecution .... Order of the Trlbunal granting postponement of proceedings against Gustav Ihpp von Bohlcn ........... Supplementary statement of the United States Prosecution ... Motion of the Committee of Chief Prosecutors to amend t11e'In- dictment by ad.ding .the name of Alfried Krupp von Bohlen as a defendant .................... Order of the Tribunal rejectihg the motion to amend the Indictment Memorandum of the French Prosecution on. the .order of the Tribunal rejecting the motion to amend the Indictment ... nhtion on behlalf of Defendant Streichm fop po&ponement of &he Trhl as to him, and action taken thereon Motion o.n behalf of Defendant Streicher ......... Memorandum of the United States Prosecution on the motion . Memoran.dum of the British Prosecution o.n the motion .... Motion of the Soviet Prosecultio~nfor a psychiatric examination of Defemdant Streicher ................ Order of the Tribunal regarding a psychiatric examination of De- fendant Streicher ................. Report of examination of Defendant Streicher ....... Medical exarmination of Defendant Hess Motion on behalf of Defendant Hess for an examination by a neutral expert ................... Order of the Tribunal rejecting the motion. and designxting a commission to examine Defe.n.dant Hess .......... Report .of commission to examine Defendant Hess ...... Report of prison psychologist ............. Motion adopted by sill Defense Counsel. 19 November 1945 .... .Judgment ........................ Diksentlng opinion of the Soviet Judge ............ Sentencea ... ................ MEMBERS AND ALTERNATE MEMBERS OF THE TRIBUNAL LORD JUSTICE LAIVRENCE, Member for the United Kingdom of Great Brita'in and Nor'thern Irdaad, President MR. JUSTICE BIRKETT, AlPernate Member MR. FRANCIS BIDDLE, Member for thte United States of America JUDGE JOHN J. PARKER, Alt,ernate Member M. LE PROFESSEUR DONNEDIEU DE VABRES, Member for the French Republic M. LE CONSEILLER R. FALCO, Akternate Member MAJOR GENERAL I. T. NIKITCHENKO, Member f,w the Uni,on of Soviet Socialist Republics LIEUTENANT COLONE,L A. F. VOLCHKOV, Alternate Member OFFICIALS OF THE GENERAL SECRETARIAT BRIGADIER GENERAL WM. L. MITCHELL .: .........General Secwtary (from 6 November 1945 to 24 Juae 1946) COLONEL JOHN E. RAY.. .......General Secretary (from 24 June 1946) MR. HAROLD B. WILLEY ........Genera81 Secrebry (to 6 November 1946) American Secretary (to 11 July 1946) MR. WALTER GILKYSON ........American Secretary (from 16 July 1946) MR. IAN D. McILWRAITH ....... .Bri,tish Secretary MAJOR A. POLTORAK. ...........Soviet Secret'ary MR. A. MARTIN-HAVARD ........French Secretary COLONEL CHARLES W. MAYS. ...Malrs,hal (to 26 June 1946) LIEUTENANT COLONEL JAMES R. GIFFORD ............... .Marshal (from 26 June 1946) COLONEL LEON DOSTERT ......Chief of Interpreters (Prom the Office of U.S. Chief (to 17 April 1946) of Counsel) COMMANDER ALFRED STEER, U.S.N.R. ................... .Chief of Interpreters (From the Office of U.S. Chief (from 18 Apd 1946) of Couns,e,l) MAJOR JACK L. BAILEY ..........A(dmuinLtrative Section CAPTAIN D. P. SULLIVAN ........Witness Notification and Procurement LIEUTENANT COLONEL A. hl. S. NEAVE, B.A.O.R. ......Applicationti and Moti,ons Sedion LIEUTENANT COMMANDER ALBERT E. SCHRADER, U.S.N.R. Defendants' Information Center MR. BERNARD REYMON ..........Custodian of Docu,ments and Records LIEUTENANT COLONEL LAWRENCE D. EGBERT ......E,ditor of the Record CAPTAIN SIGMUND ROTH ........Director of Prinlting PROSECUTION COUNSEL* United States of America CHIEF OF COUNSEL: Mr. Justice Robert H. Jackson EXECUTIVE TRIAL COUNSEL: Colonel Robert G. Storey Mr. Thomas J. Dodd ASSOCIATE TRIAL COUNSEL: Mr. Sidney S. Aldermen Brigadier General Tdford Taylor Colonel John Harlan Amen Mr. Ralph G. Albrecht ASSISTANT TRIAL COUNSEL: Colonel Leona~dWheeler, Jr. Lieutenant Colonel William H, Baldwin Lieutenant Colonel Smith W. Brockhart, Jr. Commander James Britt Donovan, U.S.N.R. Major Frank B. Wallis Major William F. Walsh Major Wamen F. Farr Captain Samuel Harris Captain Drexel A. Sprecher Lieutenant Commander Whitney R. Harris, U.S.N.R. Lieutenant Thomas F. Lambert, Jr., U.S.N.R. Lieutenant Henry K. Atherton Lieutenant Brady 0.Ekywn, U.S.N.R. Lieutenant (j. g.) Bemard D. Meltzer, U.S.N.R Dr. Robert M. Kempner Mr. Walter W. Brudno Only thoae members of the Proseontion Counsel who spoke before the Tribunal
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