Part 1

TRIAL OF THE MAJOR WAR CRIMINALS

BEFORE

THE INTERNATIONAL MILITARY TRIBUNAL

N U R E M B E R G 14 NOVEMBER 1945-1 OCTOBER 1946

P U B L I S H E D A T N U R E M B E R G , G E R M A N Y 1 9 4 7

This volume is published in accordance with the direction of the International Military Tribunal by the Secretariat of the Tribunal, under the jurisdiction of the Allied Control Authority for Germany.

VOLUME I

O F F I C I A L T E X T

I N T H E

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 GÖRING, RUDOLF HESS, JOACHIM VON RIBBENTROP, ROBERT LEY, WILHELM KEITEL, ERNST KALTENBRUNNER, ALFRED ROSENBERG, HANS FRANK, WILHELM FRICK, JULIUS STREICHER, WALTER FUNK, HJALMAR SCHACHT, GUSTAV KRUPP VON BOHLEN UND HALBACH, KARL DÖNITZ, 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 REICHSREGIERUNG (REICH CABINET); DAS KORPS DER POLITISCHEN LEITER DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (LEADERSHIP CORPS OF THE NAZI PARTY); DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (commonly known as the “SS”) and including DER SICHERHEITSDIENST (commonly known as the “SD”); DIE GEHEIME STAATSPOLIZEI (SECRET STATE POLICE, commonly known as the “GESTAPO”); DIE STURMABTEILUNGEN 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.

P R E F A C E

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 defendants. 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 recording 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 Tribunal= 1

=Officials of the General Secretariat= 2

=Prosecution Counsel= 3

=Individual defendants and Defense Counsel= 6

=Establishment of the Tribunal= London Agreement of 8 August 1945 8 Charter of the International Military Tribunal 10 Protocol rectifying discrepancy in text of the Charter 17

=Rules of Procedure= 19

=Minutes of the opening session of the Tribunal,= =at Berlin, 18 October 1945= 24

=Indictment= 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 United States Prosecutor in regard to wording of the Indictment 95

=Notice= Order of the Tribunal regarding notice to individual defendants 96 Order of the Tribunal regarding notice to members of groups and organizations 97 Order of the Tribunal regarding notice to Defendant Bormann 102

=Service= 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

=Motion on behalf of Defendant Gustav Krupp von= =Bohlen for postponement of the Trial as to him,= =and action taken thereon= Motion, and medical certificates attached thereto 124 Report of medical commission appointed to examine Defendant Gustav Krupp von Bohlen 127 Answer of the United States Prosecution to the motion 134 Memorandum of the British Prosecution on the motion 139 Memorandum of the French Prosecution on the motion 141 Supplemental memorandum of the French Prosecution 142 Order of the Tribunal granting postponement of proceedings against Gustav Krupp von Bohlen 143 Supplementary statement of the United States Prosecution 144 Motion of the Committee of Chief Prosecutors to amend the Indictment by adding the name of Alfried Krupp von Bohlen as a defendant 145 Order of the Tribunal rejecting the motion to amend the Indictment 146 Memorandum of the French Prosecution on the order of the Tribunal rejecting the motion to amend the Indictment 147

=Motion on behalf of Defendant Streicher for= =postponement of the Trial as to him,= =and action taken thereon= Motion on behalf of Defendant Streicher 148 Memorandum of the United States Prosecution on the motion 149 Memorandum of the British Prosecution on the motion 150 Motion of the Soviet Prosecution for a psychiatric examination of Defendant Streicher 152 Order of the Tribunal regarding a psychiatric examination of Defendant Streicher 153 Report of examination of Defendant Streicher 154

=Medical examination of Defendant Hess= Motion on behalf of Defendant Hess for an examination by a neutral expert 155 Order of the Tribunal rejecting the motion, and designating a commission to examine Defendant Hess 157 Report of commission to examine Defendant Hess 159 Report of prison psychologist 166

=Motion adopted by all Defense Counsel,= =19 November 1945= 168

=Judgment= 171

=Dissenting opinion of the Soviet Judge= 342

=Sentences= 365

MEMBERS AND ALTERNATE MEMBERS OF THE TRIBUNAL

LORD JUSTICE LAWRENCE, Member for the United Kingdom of Great Britain and Northern Ireland, President

MR. JUSTICE BIRKETT, Alternate Member

MR. FRANCIS BIDDLE, Member for the United States of America

JUDGE JOHN J. PARKER, Alternate Member

M. LE PROFESSEUR DONNEDIEU DE VABRES, Member for the French Republic

M. LE CONSEILLER R. FALCO, Alternate Member

MAJOR GENERAL I. T. NIKITCHENKO, Member for the Union of Soviet Socialist Republics

LIEUTENANT COLONEL A. F. VOLCHKOV, Alternate Member

OFFICIALS OF THE GENERAL SECRETARIAT

BRIGADIER GENERAL WM. L. MITCHELL General Secretary (from 6 November 1945 to 24 June 1946) COLONEL JOHN E. RAY General Secretary (from 24 June 1946) MR. HAROLD B. WILLEY General Secretary (to 6 November 1945) American Secretary (to 11 July 1946) MR. WALTER GILKYSON American Secretary (from 16 July 1946) MR. IAN D. McILWRAITH British Secretary MAJOR A. POLTORAK Soviet Secretary MR. A. MARTIN-HAVARD French Secretary COLONEL CHARLES W. MAYS Marshal (to 26 June 1946) LIEUTENANT COLONEL JAMES R. GIFFORD Marshal (from 26 June 1946) COLONEL LEON DOSTERT Chief of Interpreters (From the Office of (to 17 April 1946) U.S. Chief of Counsel) COMMANDER ALFRED STEER, U.S.N.R. Chief of Interpreters (From the Office of (from 18 April 1946) U.S. Chief of Counsel)

* * * * *

MAJOR JACK L. BAILEY Administrative Section CAPTAIN D. P. SULLIVAN Witness Notification and Procurement LIEUTENANT COLONEL A. M. S. NEAVE, B.A.O.R. Applications and Motions Section LIEUTENANT COMMANDER ALBERT E. SCHRADER, U.S.N.R. Defendants’ Information Center MR. BERNARD REYMON Custodian of Documents and Records

* * * * *

LIEUTENANT COLONEL LAWRENCE D. EGBERT Editor of the Record CAPTAIN SIGMUND ROTH Director of Printing

PROSECUTION COUNSEL[1]

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. Alderman Brigadier General Telford Taylor Colonel John Harlan Amen Mr. Ralph G. Albrecht ASSISTANT TRIAL COUNSEL: Colonel Leonard Wheeler, 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 Warren 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 O. Bryson, U.S.N.R. Lieutenant (j. g.) Bernard D. Meltzer, U.S.N.R. Dr. Robert M. Kempner Mr. Walter W. Brudno

United Kingdom of Great Britain and Northern Ireland

CHIEF PROSECUTOR: H. M. Attorney-General, Sir Hartley Shawcross, K.C., M.P. DEPUTY CHIEF PROSECUTOR: The Rt. Hon. Sir David Maxwell-Fyfe, P.C., K.C., M.P. LEADING COUNSEL: Mr. G. D. Roberts, K.C., O.B.E. JUNIOR COUNSEL: Lieutenant Colonel J. M. G. Griffith-Jones, M.C., Barrister-at-Law Colonel H. J. Phillimore, O.B.E., Barrister-at-Law Major F. Elwyn Jones, M.P., Barrister-at-Law Major J. Harcourt Barrington, Barrister-at-Law

Union of Soviet Socialist Republics

CHIEF PROSECUTOR: General R. A. Rudenko DEPUTY CHIEF PROSECUTOR: Colonel Y. V. Pokrovsky ASSISTANT PROSECUTORS: State Counsellor of Justice of the 2nd Class, L. R. Shenin State Counsellor of Justice of the 2nd Class, M. Y. Raginsky State Counsellor of Justice of the 3rd Class, N. D. Zorya Chief Counsellor of Justice, L. N. Smirnov Colonel D. S. Karev Lieutenant Colonel J. A. Ozol Captain V. V. Kuchin

French Republic

CHIEF PROSECUTOR: M. François de Menthon M. Auguste Champetier de Ribes DEPUTY CHIEF PROSECUTORS: M. Charles Dubost M. Edgar Faure ASSISTANT PROSECUTORS (Chiefs of Sections): M. Pierre Mounier M. Charles Gerthoffer M. Delphin Debenest ASSISTANT PROSECUTORS: M. Jacques B. Herzog M. Henry Delpech M. Serge Fuster M. Constant Quatre M. Henri Monneray

[1] Only those members of the Prosecution Counsel who spoke before the Tribunal are listed.

DEFENDANTS AND DEFENSE COUNSEL

=INDIVIDUAL DEFENDANTS:= =COUNSEL:= GÖRING, HERMANN Dr. Otto Stahmer WILHELM HESS, RUDOLF Dr. Günther von Rohrscheidt (to 5 February 1946) Dr. Alfred Seidl (from 5 February 1946) VON RIBBENTROP, JOACHIM Dr. Fritz Sauter (to 5 January 1946) Dr. Martin Horn (from 5 January 1946) LEY, ROBERT[2] KEITEL, WILHELM Dr. Otto Nelte KALTENBRUNNER, ERNST Dr. Kurt Kauffmann ROSENBERG, ALFRED Dr. Alfred Thoma FRANK, HANS Dr. Alfred Seidl FRICK, WILHELM Dr. Otto Pannenbecker STREICHER, JULIUS Dr. Hanns Marx FUNK, WALTER Dr. Fritz Sauter SCHACHT, HJALMAR Dr. Rudolf Dix Professor Dr. Herbert Kraus, Associate[5] DÖNITZ, KARL Flottenrichter Otto Kranzbuehler RAEDER, ERICH Dr. Walter Siemers VON SCHIRACH, BALDUR Dr. Fritz Sauter SAUCKEL, FRITZ Dr. Robert Servatius JODL, ALFRED Professor Dr. Franz Exner Professor Dr. Hermann Jahreiss, Associate[6] BORMANN, MARTIN[3] Dr. Friedrich Bergold VON PAPEN, FRANZ Dr. Egon Kubuschok SEYSS-INQUART, ARTHUR Dr. Gustav Steinbauer SPEER, ALBERT Dr. Hans Flächsner VON NEURATH, CONSTANTIN Dr. Otto Freiherr von Lüdinghausen FRITZSCHE, HANS Dr. Heinz Fritz Dr. Alfred Schilf, Associate[7] KRUPP VON BOHLEN UND Dr. Theodor Klefisch HALBACH, GUSTAV[4] (to 15 November 1945) Dr. Walter Ballas, Associate[8] (to 15 November 1945)

[2] All individual defendants named in the Indictment appeared before the Tribunal except: Robert Ley, who committed suicide 25 October 1945; Gustav Krupp von Bohlen und Halbach, owing to serious illness; and Martin Bormann, who was not in custody and whom the Tribunal decided to try in absentia.

[3] See footnote 2.

[4] See footnote 2.

[5] Only Associates who spoke before the Tribunal are listed.

[6] See footnote 5.

[7] See footnote 5.

[8] See footnote 5.

=GROUPS AND ORGANIZATIONS:= =COUNSEL:= REICH CABINET Dr. Egon Kubuschok

LEADERSHIP CORPS OF NAZI PARTY Dr. Robert Servatius

SS and SD Ludwig Babel, Counsel for SS and SD (to 18 March 1946), Counsel for SS (to 1 June 1946), Co-counsel for SS (to 27 August 1946) Horst Pelckmann, Co-counsel for SS (from 2 March 1946), Counsel for SS (from 1 June 1946) Dr. Carl Haensel, Associate[9] to Dr. H. Pelckmann (from 1 April 1946) Dr. Hans Gawlik, Counsel for SD (from 18 March 1946)

SA Georg Boehm Dr. Martin Loeffler

GESTAPO Dr. Rudolf Merkel

GENERAL STAFF and Professor Dr. Franz Exner HIGH COMMAND of the (to 27 January 1946) GERMAN ARMED FORCES Dr. Hans Laternser (from 27 January 1946)

[9] Only Associates who spoke before the Tribunal are listed.

LONDON AGREEMENT OF 8 AUGUST 1945

_Agreement by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the Union of Soviet Socialist Republics for the Prosecution and Punishment of the Major War Criminals of the European Axis._

WHEREAS the United Nations have from time to time made declarations of their intention that war criminals shall be brought to justice;

AND WHEREAS the Moscow Declaration of 30 October 1943 on German atrocities in Occupied Europe stated that those German officers and men and members of the Nazi Party who have been responsible for or have taken a consenting part in atrocities and crimes will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the free Governments that will be created therein;

AND WHEREAS this Declaration was stated to be without prejudice to the case of major criminals whose offenses have no particular geographic location and who will be punished by the joint decision of the Governments of the Allies;

NOW THEREFORE the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the Union of Soviet Socialist Republics (hereinafter called “the Signatories”) acting in the interests of all the United Nations and by their representatives duly authorized thereto have concluded this Agreement.

_Article 1._ There shall be established after consultation with the Control Council for Germany an International Military Tribunal for the trial of war criminals whose offenses have no particular geographical location whether they be accused individually or in their capacity as members of organizations or groups or in both capacities.

_Article 2._ The constitution, jurisdiction, and functions of the International Military Tribunal shall be those set out in the Charter annexed to this Agreement, which Charter shall form an integral part of this Agreement.

_Article 3._ Each of the Signatories shall take the necessary steps to make available for the investigation of the charges and trial the major war criminals detained by them who are to be tried by the International Military Tribunal. The Signatories shall also use their best endeavors to make available for investigation of the charges against and the trial before the International Military Tribunal such of the major war criminals as are not in the territories of any of the Signatories.

_Article 4._ Nothing in this Agreement shall prejudice the provisions established by the Moscow Declaration concerning the return of war criminals to the countries where they committed their crimes.

_Article 5._ Any Government of the United Nations may adhere to this Agreement by notice given through the diplomatic channel to the Government of the United Kingdom, who shall inform the other signatory and adhering Governments of each such adherence.[10]

_Article 6._ Nothing in this Agreement shall prejudice the jurisdiction or the powers of any national or occupation court established or to be established in any Allied territory or in Germany for the trial of war criminals.

_Article 7._ This Agreement shall come into force on the day of signature and shall remain in force for the period of one year and shall continue thereafter, subject to the right of any Signatory to give, through the diplomatic channel, one month’s notice of intention to terminate it. Such termination shall not prejudice any proceedings already taken or any findings already made in pursuance of this Agreement.

IN WITNESS WHEREOF the Undersigned have signed the present Agreement.

DONE in quadruplicate in London this 8th day of August 1945 each in English, French, and Russian, and each text to have equal authenticity.

For the Government of the United States of America /s/ ROBERT H. JACKSON

For the Provisional Government of the French Republic /s/ ROBERT FALCO

For the Government of the United Kingdom of Great Britain and Northern Ireland /s/ JOWITT

For the Government of the Union of Soviet Socialist Republics /s/ I. NIKITCHENKO /s/ A. TRAININ

[10] In accordance with Article 5, the following Governments of the United Nations have expressed their adherence to the Agreement: Greece, Denmark, Yugoslavia, the Netherlands, Czechoslovakia, Poland, Belgium, Ethiopia, Australia, Honduras, Norway, Panama, Luxembourg, Haiti, New Zealand, India, Venezuela, Uruguay, and Paraguay.

CHARTER OF THE INTERNATIONAL MILITARY TRIBUNAL