Part 10
PARTICULARS: In that Germany, on or about 15 March 1939 did, by establishing a Protectorate of Bohemia and Moravia under duress and by the threat of force, violate the assurance given on 11 March 1938 to respect the territorial integrity of the Czechoslovak Republic and the assurance given on 26 September 1938 that, if the so-called Sudeten territories were ceded to Germany, no further German territorial claims on Czechoslovakia would be made.
XXI
CHARGE: _Violation of the Munich Agreement and Annexes of 29 September 1938._
PARTICULARS: (1) In that Germany on or about 15 March 1939, did by duress and the threat of military intervention force the Republic of Czechoslovakia to deliver the destiny of the Czech people and country into the hands of the Führer of the German Reich.
(2) In that Germany refused and failed to join in an international guarantee of the new boundaries of the Czechoslovakia state as provided for in Annex No. 1 to the Munich Agreement.
XXII
CHARGE: _Violation of the Solemn Assurances of Germany given on 3 September 1939, 28 April 1939, and 6 October 1939 Not To Violate the Independence or Sovereignty of the Kingdom of Norway._
PARTICULARS: In that Germany, without warning did, on or about 9 April 1940, with its military and naval forces attack, invade, and commit other acts of aggression against the Kingdom of Norway.
XXIII
CHARGE: _Violation of German Assurances given on 28 April 1939 and 26 August 1939 To Respect the Neutrality and Territorial Inviolability of Luxembourg._
PARTICULARS: In that Germany, without warning, and without recourse to peaceful means of settling any considered differences, did, on or about 10 May 1940, with a military force and in violation of the solemn assurances, invade, occupy, and absorb into Germany the sovereign territory of Luxembourg.
XXIV
CHARGE: _Violation of the Treaty of Non-Aggression between Germany and Denmark, signed at Berlin, 31 May 1939._
PARTICULARS: In that Germany without prior warning, did, on or about 9 April 1940, with its military forces, attack, invade, and commit other acts of aggression against the Kingdom of Denmark.
XXV
CHARGE: _Violation of Treaty of Non-Aggression entered into between Germany and U.S.S.R. on 23 August 1939._
PARTICULARS: (1) In that Germany did, on or about 22 June 1941, employ military forces to attack and commit acts of aggression against the U.S.S.R.
(2) In that Germany without warning or recourse to a friendly exchange of views or arbitration did, on or about 22 June 1941, employ military forces to attack and commit acts of aggression against the U.S.S.R.
XXVI
CHARGE: _Violation of German Assurance given on 6 October 1939 To Respect the Neutrality and Territorial Integrity of Yugoslavia._
PARTICULARS: In that Germany without prior warning did, on or about 6 April 1941, with its military forces attack, invade, and commit other acts of aggression against the Kingdom of Yugoslavia.
MOTION OF THE PROSECUTION FOR CORRECTING DISCREPANCIES IN THE INDICTMENT[14]
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, et al.,
Defendants. _Motion as to Amendment of the Indictment_
To The Honorable Tribunal:
WHEREAS
(1) Certain discrepancies (as set out in the attached schedule) have been discovered in the Indictment, as between the English, French, Russian, and German texts thereof;
(2) The Indictment was lodged with the Tribunal in English, French, and Russian, each text having equal authenticity,
(3) The Indictment was served on the defendants in the German language only;
The Prosecution respectfully submits the following MOTION:
That the Tribunal direct that the discrepancies in the Indictment specified in the attached schedule be rectified as between the respective texts of the Indictment by making the English, French, and Russian texts conform to the German text in each of the specified cases so far as the sense of the context permits.
/s/ ROBERT H. JACKSON For the Government of the United States of America.
/s/ CHAMPETIER DE RIBES Per CH. DUBOST For the Provisional Government of France.
/s/ DAVID MAXWELL FYFE For the Government of the United Kingdom of Great Britain and Northern Ireland.
/s/ R. RUDENKO For the Government of the Union of Soviet Socialist Republics.
4th June, 1946.
[14] This motion, was accepted by the Court at a meeting of the International Military Tribunal, 7 June 1946.
PLEAS OF INDIVIDUAL DEFENDANTS
All individual defendants, with the exception of MARTIN BORMANN who could not be located, in effect pleaded not guilty to the Indictment. The plea of ERNST KALTENBRUNNER was entered 10 December 1945; the pleas of the other defendants, 21 November 1945.
LETTER OF RESERVATION BY THE UNITED STATES PROSECUTOR IN REGARD TO WORDING OF THE INDICTMENT
6 October 1945
M. François de Menthon,
Sir Hartley Shawcross,
General R. A. Rudenko.
Dear Sirs:
In the Indictment of German War Criminals signed today, reference is made to Estonia, Latvia, Lithuania, and certain other territories as being within the area of the U.S.S.R. This language is proposed by Russia and is accepted to avoid the delay which would be occasioned by insistence on an alteration in the text. The Indictment is signed subject to this reservation and understanding:
I have no authority either to admit or to challenge on behalf of the United States of America, Soviet claims to sovereignty over such territories. Nothing, therefore, in this Indictment is to be construed as a recognition by the United States of such sovereignty or as indicating any attitude, either on the part of the United States or on the part of the undersigned, toward any claim to recognition of such sovereignty.
Respectfully submitted, /s/ ROBERT H. JACKSON, Chief of Counsel for the United States.
To the Clerk or Recording Officer,
International Military Tribunal:
The representative of the United States has found it necessary to make certain reservations as to the possible bearing of certain language in the Indictment upon political questions which are considered to be irrelevant to the proceedings before this Tribunal. However, it is considered appropriate to disclose such reservations that they may not be unknown to the Tribunal in the event they should at any time be considered relevant. For that purpose, the foregoing copy is filed.
/s/ ROBERT H. JACKSON
ORDER OF THE TRIBUNAL REGARDING NOTICE TO INDIVIDUAL DEFENDANTS
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, et al.,
Defendants.
The International Military Tribunal for the trial of the major war criminals having been duly constituted and an indictment having been lodged with the Tribunal by the Chief Prosecutors, in order to make fair provision for notice to defendants:
IT IS ORDERED that each individual defendant in custody shall receive, not less than 30 days before trial, a copy, translated into a language which he understands, of the documents set out in paragraph (a) of Rule 2 of the Rules of the Tribunal, in accordance with the terms of that paragraph.
Form of Notice to Individual Defendants
To the Defendants above named:
You and each of you is hereby notified that an indictment has been filed against you in the International Military Tribunal. A copy of this indictment and of the Charter constituting the International Military Tribunal are attached hereto. Your trial will take place at the Palace of Justice, Nuremberg, Germany, not less than 30 days from the service of the indictment upon you. The exact date will be made known to you later. Your attention is specifically directed to your right to counsel under Article 23 and Article 16 of the Charter and Rule 2 (d) of the Tribunal, a copy of which and a list of counsel are attached hereto for your information.
An officer has been designated by the Tribunal to deliver this Notice and accompanying documents to you and to confer with you with respect to the employment and designation of counsel.
For the International Military Tribunal (no signature) General Secretary
ORDER OF THE TRIBUNAL REGARDING NOTICE TO MEMBERS OF GROUPS AND ORGANIZATIONS
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, et al.,
Defendants.
WHEREAS an indictment has been lodged with this Tribunal against the above named defendants:
AND WHEREAS such indictment shows that the Chief Prosecutors intend to ask this Tribunal:
(1) to find that certain of the defendants were members of 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 the HIGH COMMAND of the GERMAN ARMED FORCES, and
(2) to declare that said groups and organizations were criminal organizations
IT IS HEREBY ORDERED that notice shall be given to the members of such groups and organizations in the following form and manner:
(a) _Form of Notice_ 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 Belong, 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,
Defendants.
Notice is hereby given to all members of the following groups and organizations:
1. Die Reichsregierung, consisting of persons who were:
a) Members of the ordinary cabinet after 30 January 1933. The term “ordinary cabinet” as used herein means the Reich Ministers; i. e., heads of departments of the central government; Reich Ministers without portfolio; State ministers acting as Reich Ministers; and other officials entitled to take part in meetings of this cabinet. b) Members of Der Ministerrat für die Reichsverteidigung. c) Members of Der Geheime Kabinettsrat.
2. Das Korps der Politischen Leiter der Nationalsozialistischen Deutschen Arbeiterpartei, consisting of persons who were at any time, according to common Nazi terminology, Politische Leiter of any grade or rank. 3. Die Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the SS) and consisting of the entire corps of the SS and all offices, departments, services, agencies, branches, formations, organizations and groups of which it was at any time comprised or which at any time integrated in it, including but not limited to, the Allgemeine SS, the Waffen SS, the SS Totenkopf Verbände, SS Polizei Regimenter and the Sicherheitsdienst des Reichsführers-SS (commonly known as the SD). 4. Die Geheime Staatspolizei (commonly known as the Gestapo) consisting of the headquarters, departments, offices, branches, and all the forces and personnel of the Geheime Staatspolizei of Prussia and equivalent secret or political police forces of the Reich and the components thereof. 5. Die Sturmabteilungen der Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the SA). 6. The General Staff and High Command of the German Armed Forces, consisting of those individuals who between February 1938 and May 1945 were the highest commanders of the Wehrmacht, the Army, the Navy, and the Air Forces. The individuals comprising this group are the persons who held the following appointments:
Oberbefehlshaber der Kriegsmarine (Commander-in-Chief of the Navy) Chef (and, formerly, Chef des Stabes) der Seekriegsleitung (Chief of Naval War Staff) Oberbefehlshaber des Heeres (Commander-in-Chief of the Army) Chef des Generalstabes der Luftwaffe (Chief of the General Staff of the Air Force) Oberbefehlshaber der Luftwaffe (Commander-in-Chief of the Air Force) Chef des Oberkommandos der Wehrmacht (Chief of the High Command of the Armed Forces) Chef des Führungsstabes des Oberkommandos der Wehrmacht (Chief of the Operations Staff of the High Command of the Armed Forces) Commanders-in-Chief in the field, with the status of Oberbefehlshaber of the Wehrmacht; Navy, Army, Air Force.
THAT such groups and organizations are accused by the Chief Prosecutors for the prosecution of major war criminals of being criminal organizations and this Tribunal has been asked by the Chief Prosecutors to declare said groups and organizations criminal.
THAT if any of such groups and organizations are found by this Tribunal to have been criminal in character members will be subject to trial and punishment on account of their membership in accordance with the provisions of the Charter of this Tribunal and upon any such trial the criminal character of the group or organization shall be considered proved and shall not be questioned.
THAT the issue of the criminal character of these groups and organizations will be tried commencing the 20th day of November 1945 at the Palace of Justice, Nuremberg, Germany.
THAT any person who acknowledges membership in any of the said groups or organizations may be entitled to apply to the Tribunal for leave to be heard by the Tribunal upon the question of the criminal character of the group or organization. Such application shall be made without delay, in writing, and addressed to the General Secretary, International Military Tribunal, Nuremberg, Germany.
THAT in the case of members of any of the said groups or organizations who
(i) may be in the custody of the prosecuting powers, such applications shall be handed to the Commanding Officer of the place where the said members are detained; (ii) may not be in custody, such applications shall be handed to the nearest military unit.
THAT the Tribunal has power to allow or reject any such application. If the application is allowed, the Tribunal will direct in what manner the applicant shall be represented and heard.
THAT nothing contained in this notice shall be construed to confer immunity of any kind upon such applicants.
For the International Military Tribunal (no signature) General Secretary (b) _Manner of Notice_
IT IS FURTHER ORDERED:
THAT publication in the German language be made throughout the zones of occupation in Germany over the radio, in newspapers and, if practicable, by the form of postings ordinarily employed by the military authorities in conveying information to the civilian population. Such radio and newspaper publications shall be made once a week for four weeks and over a sufficient number of radio stations, in a sufficient number of newspapers or by posting in a sufficient number of places to give the widest possible dissemination throughout the occupied territory of the notice set forth in paragraph (a) above.
THAT publication in the German language be made wherever practicable in the prisoner of war camps in which Germans are imprisoned, in such manner as the officers commanding such camps may decide.
The appropriate occupation authorities are requested to cooperate with the General Secretary of the International Military Tribunal in making this publication and the General Secretary shall make written report to the Tribunal of the action taken.
ORDER OF THE TRIBUNAL REGARDING NOTICE TO DEFENDANT BORMANN
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, et al.,
Defendants.
The International Military Tribunal having been duly constituted and an indictment having been lodged with the Tribunal by the Chief Prosecutors
AND one of the defendants, Martin Bormann, not having been found
IT IS ORDERED that notice be given said Martin Bormann in the following form and manner:
(a) _Form of Notice_ Take Notice:
Martin Bormann is charged with having committed Crimes against Peace, War Crimes, and Crimes against Humanity all as particularly set forth in an indictment which has been lodged with this Tribunal.
The indictment is available at the Palace of Justice, Nuremberg, Germany.
If Martin Bormann appears, he is entitled to be heard in person or by counsel.
If he fails to appear, he may be tried in his absence, commencing November 20, 1945 at the Palace of Justice, Nuremberg, Germany, and if found guilty the sentence pronounced upon him will, without further hearing, and subject to the orders of the Control Council for Germany, be executed whenever he is found.
By order of The International Military Tribunal (no signature) General Secretary (b) _Manner of Notice_
This notice shall be read in full once a week for four weeks over the radio, the first reading to be during the week of October 22, 1945. It shall also be published in four separate issues of a newspaper circulated in the home city of Martin Bormann.
The Orders and Forms of Notice above set forth have been adopted by the International Military Tribunal.
/s/ GEOFFREY LAWRENCE President
October 18, 1945
Attest: /s/ HAROLD B. WILLEY General Secretary
CERTIFICATES OF COMPLIANCE WITH ORDERS OF THE TRIBUNAL REGARDING NOTICE TO MEMBERS OF GROUPS AND ORGANIZATIONS AND TO DEFENDANT BORMANN
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, et al.,
Defendants. _Declaration_
I, Richard William Hurlstone Hortin, a Major in H. M. Army serving with the Control Commission for Germany (British Element) at Berlin, solemnly and sincerely declare as follows—
1. I make this Declaration in my capacity of Berlin Secretary of the International Military Tribunal.
2. Pursuant to the order of the International Military Tribunal as to publication of Notice No. 1 as to Nazi Organisations, I served a copy of the said notice on each of the four Allied Secretariats; at the same time I served on the four Allied Secretariats a copy of the said order and a copy of the order of the International Military Tribunal as to Martin Bormann. Service was effected by delivery by me personally of the said notice and orders to duly authorised persons of the said Allied Secretariats.
The order as to Martin Bormann states that publication must be made in four separate issues of a newspaper circulated in the home city of Martin Bormann. After full enquiries I ascertained that the last known place of residence of Martin Bormann was Berlin. A former place of residence was Mecklenburg. It was also believed that the birthplace was Halberstadt. I gave these details to the Soviet Secretariat. I also arranged for publication in Berlin newspapers and on the radio. Newspaper circulation in the Russian Zone normally extends to both Halberstadt and Mecklenburg.
3. As a result of careful enquiries I ascertained that a reasonable number of notices for the whole of the four Zones would be 200,000 and, in consultation with the Legal Division of the Office of the Military Government for Germany (United States) and with the French and Soviet Allied Secretariats, I arranged for the printing of this number of notices. At the same time I arranged for the printing of a similar number of notices to Martin Bormann. These two notices were both printed on the same sheet of paper and a copy is annexed hereto and marked “Exhibit I”.
9,000 of these notices were distributed by me to the appropriate officers in the French, Soviet, British and American Sectors, namely 2,500 each for the American and Soviet Sectors and 2,000 each for the French and British Sectors. I am informed, and verily believe, that these notices were posted and exhibited in public places before midnight of the 27th October, 1945. 1,000 copies were retained by me as a reserve to be handed to Military authorities in the four Zones for reading and posting in P.O.W. Camps.
4. As to the remaining 190,000 of the said notices, 50,000 were handed personally by me to the Bureau of Information of the Soviet Military Administration in Germany. I arranged for the delivery of 50,000 to the Public Relations Branch of Control Commission for Germany (British Element) at Lübeck, Germany. I have made full and continuous enquiries and I am informed and verily believe that these notices were immediately distributed throughout the British Zone and through the channels which ensure the widest possible distribution.
I am informed by the Legal Division of the Office of Military Government for Germany (United States) that as previously arranged with me, they delivered 40,000 copies to the French Authorities at Baden-Baden. I am also informed by them and verily believe that the remaining 50,000 notices were handed by them to the appropriate United States Authorities for distribution through their Zone.
5. During the period October 20th to November 17th 1945 there have been four weekly publications in each of the four Zones of Germany of the said two notices in newspapers and over radio stations. The American, Soviet and British newspapers in Berlin have also carried the notices. Furthermore, in pursuance of the order of the International Military Tribunal, the said notices were handed to the appropriate Military Authorities of each of the four Zones for reading in Prisoner-of-War Camps and for such other form of publication as local Commanders might think proper within their own discretion.