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Law Reports of Trial of War Criminals, Volume X, the I.G. Farben And

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Law Reports of Trial of War Criminals, Volume X, the I.G. Farben And LAW REPORTS OF TRIALS OF WAR CRIMINALS Selected and prepared by THE UNITED NATIONS WAR CRIMES COMMISSION VOLUME X THE I.G. FARBEN AND KRUPP TRIALS LONDON PUBLISHED FOR THE UNITED NATIONS WAR CRIMES COMMISSION BY HIS MAJESTY'S STATIONERY OFFICE 1949 Price 5S. ad. net LAW REPORTS OF TRIALS OF WAR CRIMINALS SELECTED AND PREPARED BY THE UNITED NATIONS WAR CRIMES COMMISSION One of the aims of this series of Reports is to relate in summary form the course of the most important of the proceedings taken against persons accused ofcommitting war crimes during the Second World War, apart from the major war criminals tried by the Nuremberg and Tokyo International Military Tribunals. but including those tried by United States Military Tribunals at Nuremberg. Of necessity, the trials reported in these volumes are examples only, since the trials conducted before the various Allied Courts number well over a thousand. The trials selected for reporting, however. are those which are thought to be of the greatest interest legally and in which important points of municipal and international law arose and were settled. Each report, however. contains not only the outline of the proceedings in the trial under review, but also, in a separate section beaded" Notes on the Case ", such comments of an explanatory nature on the legal matters arising in that trial as it has been thought useful to include. These notes provide also. at suitable points, general summaries ~d analyses of the decisions of the courts on specific points of law derived primarily from a study of relevant trials already reported upon in the series. Furthermore, the volumes include. where necessary, Annexes on municipal war crimes laws. their aim being to explain the law on such matters as the legal basis and jurisdiction. composition and rules of procedure on the war crime courts of those countries before whose courts the trials reported upon in the various volumes were held. Finally, each volume includes a Foreword by Lord Wright of Durley, Chairman of the United Nations War Crimes Commission. continued inside back cover LAW REPORTS OF TRIALS OF WAR CRIMINALS Selected and prepared by THE. UNITED NATIONS WAR CRIMES COMMISSION Volume X THE I.G. FARBEN AND KRUPP TRIALS LONDON: PUBLISHED FOR THE UNITED NATIONS WAR CRIMES COMMISSION BY HIS MAJESTY'S STATIONERY OFFICE 1949 CONTENTS PAGE FOREWORD BY THE RT. HON. THE LORD WRIGHT OF DURLEY vii THE CASES: 57. THE I.G. FARBEN TRIAL. TRIAL OF CARL KRAUCH AND TWENTY-TWO OTHERS. United States Military Tribunal, Nuremberg (14th August, 1947-29th July, 1948) .. 1 HEADING NOTES AND SUMMARY 1 A. OUTLINE OF THE PROCEEDINGS 3 1. THE COURT 3 2. THE INDICTMENT 3 3. PROGRESS OF THE TRIAL 5 4. THE EVIDENCE BEFORE THE TRIBUNAL 6 (i) The Position of the Accused 6 (ii) Evidence Relating to the Origin, Growth, and Financial and Administrative Construction of I.G. Farben Industrie A.G. .. 12 (iii) Evidence Relating to Counts I and V-Crimes Against Peace and Conspiracy to Commit Such Crimes 14 (iv) Evidence Relating to Count II-The Accused's Responsi­ bility for Participation in the Plunder and Spoliation of Public and Private Property in Countries and Territories which come under the Belligerent Occupa­ tion of Germany 18 (a) Evidence with Particular Reference to Farben's Participation in the Spoliation of Public and Private Property in Poland 19 (b) Evidence with Particular Reference to the Alleged Participation by Farben in the Spoliation of Property in Norway 20 (c) Evidence with Particular Reference to the Alleged Participation by Farben in the Spoliation of Property in France 21 (d) Evidence with Particular Reference to the Alleged Participation by Farben in the Spoliation of Property in Russia 23 (e) Evidence with Particular Reference to the Accused's Individual Responsibility under Count II 23 iii iv CONTENTS PAGE (V) Evidence Relating to Count III .. 23 (a) The Use of Poison Gas, supplied by Farben, in the Extermination of Inmates of Concentration Camps 23 (b) The Supplying of Farben Drugs for Criminal Medical Experimentation Upon Concentration Camp Inmates 24 (c) The Alleged Participation by Farben in the Slave Labour Programme 25 (d) The Employment of Forced Labour and Concen­ tration Camp Inmates at the Farben Enter­ prises at Auschwitz 25 (e) The Employment of Prisoners of War and Con­ centration Camp Inmates in the Fllerstengrube and Janina Coal Mines.. 27 (f) Evidence Relating to the Defence of Necessity in Connection with the Alleged Participation of Farben in the Slave Labour Programme ., 28 (vi) Evidence Relating to Count IV-Membership of an Organisation (the S.S.) declared Criminal by the International Military Tribunal 28 5. THE JUDGMENT OF THE TRIBUNAL 30 (i) Counts I and V (Crimes Against Peace) 30 (ii) The Tribunal's Findings on Counts I and V 40 (iii) Count II: Crimes Against Property as Not Falling Within the Concept of Crimes Against Humanity .. 41 (iv) Hague Regulations Regarded as Not Applying to the Occupation of Austria and the Sudetenland 42 (v) The Law Applicable to Plunder and Spoliation 42 (vi) Individual Responsibility for War Crimes 47 (vii) The Attitude Taken by the Tribunal to Certain Defence Pleas 48 (a) Plea that the Hague Convention does not apply to " annexed" territories 48 (b) Pleas Alleging Vagueness and Obsolescence of the Law ; Other Defence Arguments.. 48 (viii) The Tribunal's Findings on Count II ,. 49 (ix) Count III: Slave Labour 53 (x) The Plea of Superior Orders or Necessity 54 (xi) The Tribunal's Findings on Count III .. 57 (xii) Count IV: Membership of a Criminal Organisation . 57 (xiii) The Tribunal's Findings on Count IV .. 61 (xiv) Judge Hebert's Statement and Opinions 61 (xv) Sentences 63 B. NOTES ON THE CASE.. 63 1. ECONOMIC OFFENCES AS WAR CRIMES 63 2. HAGUE CONVENTION No. IV NOT ApPLICABLE TO THE OCCUPATION OF AUSTRIA AND THE SUDETENLAND 63 3. CRIMES AGAINST PEACE 64 CONTENTS. V PAGE 4~ MEMBERSHIP IN CRIMINAL ORGANISATIONS 64 5. THE PLEA THAT TIlE INTERNATIONAL LAW ApPLYING TO ECONOMIC OFFENCES IN OCCUPIED TERRITORIES IS VAGUE AND OBSOLETE 64 6. JUDICIAL NOTICE IN WAR CRIME TRIALS 67 58. TRIAL OF ALFRIED FELIX ALWYN KRUPP VON BOHLEN UND HALBACH AND ELEVEN OTHERS. United States Military Tribunal, Nuremberg (17th November, 1947-30th June, 1948) .. 69 HEADING NOTI~S AND SUMMARY 69 A. OUTLINE OF THE PROCEEDINGS 70 1. THE COURT 70 2. THE INDICTMENT 70 3. PROGRESS OF THE TRIAL 75 4. THE EVIDENCE BEFORE THE TRIBUNAL 76 (i) The Position of the Accused 76 (ii) Evidence Regarding the Krupp Concern 78 (iii) Evidence Relating to Counts I and IV-Crimes Against Peace and Conspiracy .. 81 (iv) Evidence Relating to Count II-War Crimes-Plunder and Spoliation .. 85 (a) Evidence Relating to the Austin Plant at Lian­ court, and the Property 141 Boulevard Haus­ mann, Paris 85 (b) Evidence Relating to the Seizure of the Elmag Plant at Mulhouse and the Removal of Machinery to Germany 87 (c) Evidence Relating to the Removal of Machines from the Alsthom Factory at Belfort .. 88 (d) Evidence Relating to the Illegal Acquisition of Machines from other French Plants and of other goods Requisitioned by Various Govern­ ment or Army Offices as War Booty or Purchased through the Black Market by these Official Agencies . 89 (e) Evidence Relating to the Removal of Machines from Holland, etc. 90 (v) Evidence Relating to Count III-War Crimes and Crimes Against Humanity-Employment ofPrisoners of War, Foreign Civilians and Concentration Camp Inmates in Armament Production under inhuman conditions ., , .. 92· (a) Evidence Relating to the Illegal Employment of Prisoners of War 93 VI CONTENTS PAGE 1. Evidence with Particular Reference to the Employment of Russian Prisoners of War and Italian Military Internees 94 2. Evidence with Particular Reference to the Illegal Use of French Prisoners of War in the German Armament Industry 96 (b) Evidence Relating to the Illegal Use of Civilian Foreign Workers and Concentration Camp Inmates in the Krupp Works. 96 (vi) Evidence Relatingto Count IV-Conspiracy to Commit Crimes Against Peace, War Crimes and Crimes Against Humanity 102 3. THE OPINION OF THE TRIBUNAL ON COUNTS I AND IV (CRIMES AGAINST PEACE) OF 11TH JUNE, 1948 ., 102 (i) The OpInion of the Tribunal as a Whole 103 (ii) The Concurring Opinion of Presiding Judge H. C. Anderson 109 (iii) The Concurri.l;g Opinion of Judge Wilkins 128 4. JUDGMENT OF THE TRIBUNAL ON COUNTS II AND III .. 130 (i) The Legal Basis of the Trial 130 (ii) The Law Relating to Plunder and Spoliation .. 132 (iii) The Plea of National Emergency 138 (iv) The Tribunal's Application of these Rules to the Facts of the Case: Findings on Count II .. 139 (v) The Law Governing the Employment of Prisoners of War and the Illegal Use of French Prisoners of War 140 (vi) The Law Governing the Deportation and Employment of Foreign Civilian Workers and Concentration Camp Inmates 141 (vii) The Plea of Superior Orders or Necessity 146 (viii) The Individual Responsibility of the Accused 150 (ix) The Findings on Count III 150 5. THE RESERVATIONS OF THE PRESIDING JUDGE lSI 6. JUDGE WILKINS' DISSENTING JUDGMENT 151 7. THE SENTENCES 158 B. NOTES ON THE CASE.. 159 1. OFFENCES AGAINST PROPERTY AS WAR CRIMES 159 2. DEPORTATION AND FORCED EMPLOYMENT OF FOREIGN CIvlLIAN WORKERS AND CONCENTRATION CAMP INMATES 167 3. THE EMPLOYMENT OF PRISONERS OF WAR 157 4. CRIMES AGAINST PEACE 168 5. INDIVIDUALS, INCLUDING BUSINESS MEN, AS WAR CRIMINALS 168 6. THE PLEA OF SUPERIOR ORDERS OR NECESSITY 174 7. FORFEITURE OF PROPERTY AS A PUNISHMENT FOR WAR CRIMES 177 FOREWORD This volume contains two very important trials which have been held under the" Subsequent Proceedings" at Nuremberg.
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