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Law Reports of Trial of War Criminals, Volume XIII, English Edition

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Law Reports of Trial of War Criminals, Volume XIII, English Edition LAW REPORTS OF TRIALS OF WAR CRIMINALS Selected and prepared by THE UNITED NATIONS WAR CRIMES COMMISSION VOLUME XIII LONDON PUBLISHED FOR THE UNITED NATIONS WAR CRIMES COMMISSION BY HIS MAJESTY'S STATIONERY OFFICE 1949 Price 55. Od. 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, of which the United Nations War Crimes Com­ mission has had records, number over 1,600. 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 headed" 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 and 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 XIII PROPERTY OF U. S. ARMY THE JUDGE ADVOCATE GENERAL'S SCHOOL LIBRARY LONDON: PUBLISHED FOR THE UNITED NATIONS WAR CRIMES COMMISSION BY HIS MAJESTY'S STATIONERY OFFICE 194-9 . CONTENTS PAGE FOREWORD BY THE RT. HON. THE LORD WRIGHT OF DURLEY IX THE CASES: 73. TRIAL OF ULRICH GREIFELT AND OTHERS United States Military Tribunal, Nuremberg, 10th October, 1947-lOth March, 1948 HEADING NOTES AND SUMMARY A. OUTLINE OF THE PROCEEDINGS ... 2 1. THE INDICTMENT 2 2. THE EVIDENCE BEFORE THE TRIBUNAL 4 (i) Organisations Involved and Official Positions of the accused 4 (ii) The Master Scheme: Genocide 6 (iii) Kidnapping of Alien Children 12 (iv) Abortions on Eastern Workers 13 (v) Taking away of Infants of Eastern Workers 14 (vi) Punishment for Sexual Intercourse with Germans 15 (vii) Impeding the Reproduction of Enemy Nationals 17 (viii) Forced Evacuations, Resettlement and Germanisation of Inhabitants of Occupied Territories 19 (ix) Compulsory Conscription of Enemy Nationals into the Armed Forces 24 (x) Plunder of Public and Private Property ... 25 (yj) The Charge of Euthanasia ... 27 (xii) Persecution and Extermination of the Jews 28 3. THE JUDGMENT OF THE TRIBUNAL 28 (i) Individual Guilt of the Accused 28 Ulrich Greifelt . 28 Rudolf Creutz . 28 Konrad Meyer-Hetling 29 Otto Schwarzenberger 30 Herbert Huebner 31 Werner Lorenz ... 31 Heinz Brueckner 32 Otto Hofmann ... 32 Richard Hildebrandt 33 Fritz Schwalm 34 Max Sollmann ... 34 ' Gregor Ebner 35 Guenther Tesch '" 35 Inge Viermetz 36 (ii) The Sentences 36 III A2 iv CONTENTS PAGE B. NOTES ON THE CASE ... 36 1. THE CRIME OF GENOCIDE 36 (i) Origin and Substance of the Concept of Genocide 37 (ii) Developments concerning the Concept of Genocide 37 (iii) Relationship between Genocide and Crimes against Humanity ... 38 (iv) Relationship between Genocide and War Crimes 42 2. MEMBERSHIP OF CRIMINAL ORGANISATIONS ... 42 (i) Emergence of the Concept in the United Nations War Crimes Commission 42 (ii) Development at the Nuremberg Trial of Nazi Major War Criminals 43 (a) The Law of the Charter 43 (b) The Theory of Collective Criminality 45 (c) General Ruling of the International Military Tribunal 49 (d) Recommendations regarding Punishment 52 (iii) The Law applied in the case of the Accused 53 (iv) The Guilt of the Accused for the crime of Membership 53 (v) Jurisprudence of other trials 55 (a) Trials by United States Military Tribunals at Nuremberg ... 55 (1) Trial of Karl Brandt et al (Medical Case).. : 55 (2) Trial of Joseph Altstoetter et al (Justice Case) 55 (3) Trial ofOswald PoW et al ... 57 (4) Trial of Friedrich Flick et al. .. 61 (5) LG. Farben Trial 63 (b) Trials by United States General Military Govern­ ment Courts 65 3. RELEVANCE OF SOME DEFENCE PLEAS 67 (i) The Plea concerning" Annexed Territories" 67 (ii) The Plea of Superior Orders 68 74. TRIAL OF GAULEITER ARTUR GREISER Supreme National Tribunal of Poland, 21st June-7th July, 1946 A. OUTLINE OF THE PROCEEDINGS... 70 1. THE INDICTMENT 70 2. SPECIFIC CHARGES 14 (i) Aggression ... 74 (ii) Seizure of the Free City of Danzig 75 (iii) Incorporation of Western Polish Territories into the German Reich ... ... .... 77 (iv) Exceptional Legal Status of Poles... 78 (I) As Regards Property 78 CONTENTS v PAGE (2) As Regards the Law Regulating Employment 79 (3) Penal Code for the Poles ... 80 (4) Education 80 (5) The Poles' Lingual Rights 80 (v) The Fight with Religion 80 (1) The Clergy .. 80 (2) Religious Practices ... 81 (3) Churches, Cemeteries and Church Property 81 (vi) Measures against Polish Culture and Science 82 (vii) Economic Exploitation 84 (1) Policy towards the Population 84 (2) Policy in the Economic Sphere 85 (viii) Deportation of the Polish Population 86 (ix) Humiliation of the National Dignity 88 (x) Concentration Camps 90 (1) Fort VII 91 (2) Radogoszcz Camp ... 91 (xi) Summary Executions 92 (xii) Persecution of the Jewish Population 93 (xiii) Chelmno Extermination Camp 95 3. EVIDENCE OF EXPERTS .... 95 (i) Role assigned to the Annexed Territories (Expert: Professor W. Jastrzebowski, University of Lodz) 96 (ii) Organisation of German Authorities in Wartheland (Expert: Dr. M. Pospieszalski, Lecturer, University of Poznan) 99 (iii) Losses in Polish Population (Expert: Dr. St. Waszak, Director of the Statistical . Office in Poznan) 100 (iv) Other Expert Evidence 101 4. THE CASE FOR THE DEFENCE 102 5. THE JUDGMENT OF THE TRIBUNAL 104 B. NOTES ON THE CASE... 106 1. THE COURT AND THE LEGAL BASIS OF THE TRIAL ... 106 2. THE NATURE OF THE OFFENCES 106 3. MEMBERSHIP IN CRIMINAL ORGANISATIONS .. , 107 4. THE CONSPffiACY AND AGGRESSIVE WAR 108 5. ANNEXATION OF OCCUPIED TERRITORY AND INTERNATIONAL LAW 110 6. VIOLATIONS OF THE RIGHTS OF THE INHABITANTS OF THE OCCUPIED TERRITORY, AND GENOCIDE 112 7. THE DEFENCE OF SUPERIOR ORDERS ... 114 8. THE DEFENCE OF NON-APPLICABILITY OF THE LAW, AND OF ACTS OF STATE 117 vi CONTENTS PAGE 75. TRIAL OF ALBERT WAGNER General Military Government Tribunal of the French Zone of Occupation in Germany (Judgment Delivered on 29th November, 1946) A. OUTLINE OF PROCEEDINGS 118 B. NOTES ON THE CASE... 118 1. THE COURT AND ITS JURISDICTION 118 2. THE NATURE OF THE OFFENCES 119 (a) Killing of Escaping Civilian Prisoners 119 (b) Ill-treatment of Slave Labour 121 76. TRIAL OF WASHIO AWOeHl Netherlands Temporary Court-Martial at Batavia (Judgment Delivered on 25th October, 1946) A. OUTLINE OF THE PROCEEDINGS... 122 1. THE CHARGE 122 2. THE EVIDENCE ... 122 3. DEFENCE OF THE ACCUSED 123 4. THE JUDGMENT 123 B. NOTES ON THE CASE ... 123 1. THE COURT . 123 2. NATURE OF THE OFFENCE 124 3. PERSONAL GUILT OF THE ACCUSED 125 77. TRIAL OF SUSUKI MOTOSUKE Netherlands Temporary Court-Martial at Amboina (Judgment Delivered on 28th January, 1948) A. OUTLINE OF THE PROCEEDINGS... 126 1. CHARGES ... 126 2. FACTS AND EVIDENCE ... 126 3. DEFENCE OF THE ACCUSED 127 4. FINDINGS AND SENTENCE 127 CONTENTS vii PAGE B. NOTES ON THE CASE ... 127 1. THE BEARING OF THE VICTIM'S NATIONALITY UPON WAR CRIMES 127 2. MURDER AS A WAR CRIME 129 3. VIOLATIONS OF THE RULE OF FAIR TRIAL AND OTHER REQUISITE LAWFUL PROCEEDINGS 129 78. TRIAL OF WILHELM GERBSCH The Special Court in Amsterdam, First Chamber (Judgment Delivered on 28th April, 1948) A. OUTLINE OF THE PROCEEDINGS 131 1. THE CHARGES 131 2. THE EVIDENCE ... 131 3. THE DEFENCE 132 4. FIND~NGS AND SENTENCE 132 B. NOTES ON THE CASE ... 132 1. THE JURISDICTION OF THE COURT 132 2. NATURE OF THE OFFENCES 133 3. GUILT OF THE ACCUSED 136 79. TRIAL OF SHIGEKI MOTOMURA AND 15 OTHERS Netherlands Temporary Court-Martial at Macassar (Judgment delivered on 18th July, 1947) A. OUTLINE OF THE PROCEEDINGS 138 1. THE ACCUSED 138 2. THE CHARGES . 138 3. FACTS AND EVIDENCE 139 4. DEFENCE OF THE ACCUSED 139 5. FINDINGS AND SENTENCES 140 B. NOTES ON THE CASE ... 140 1. CRIMINAL GROUPS 140 2. NAllJRE OF THE OFFENCES 142 (a) Unlawful mass arrests 142 (b) Torture and Ill-treatment 143 3. DEGREE OF GUILT OF THE ACCUSED 144 viii CONTENTS PAGE 80. TRIAL OF HEINZHAGENDORF United States Intennediate Military Government Court at Dachau, Germany, 8th-9th August, 1946 A. OUTLINE OF THE PROCEEDINGS 146 1. THE CHARGE 146 2. THE EVIDENCE ... 146 3. THE FINDINGS AND SENTENCE ... 146 B. NATURE OF THE OFFENCE 146 81. TRIAL OF ERICH WEISS AND WILHELM MUNDO United States General Military Government Court at Ludwigsburg, Germany, 9th-10th November, 1945 A. OUTLINE OF THE PROCEEDINGS 149 1.
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