Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
These are but the most apparent applications of the three
categories of murder to the evidence in this case. Time will
not permit our further exemplifying them now. They will be
presented adequately when we summarize the evidence. We do
not wish to be understood by furnishing these few examples
as having exhausted the cases, where the application of the
principles so readily understood when one life is taken by
murderous homicide, to the evidence of this case, will establish
murders and mass murders by these defendants. Furthermore, other
crimes common to the criminal laws of civilized nations, such
as enslavement, kidnapping, or mayhem, have been committed by
these defendants, which can be established by the application
of similar basic principles to the evidence, which should make
the task more simple and at the same time, by reducing the
seeming complexities of mass criminality under international
law to concepts with which the average citizen of a nation is
acquainted, seem to serve the salutary purpose of increasing the
hatred of the average man for war and to warn him of the dangers
inherent in the totalitarian police state, dominated by the
philosophy that the end justifies the means used to attain it.
The crimes charged in count two and in count three fall
generally into several categories.
Substantively, there are first those war crimes which arise
out of the violation of the laws and customs of war, including
section I, articles 4–7; section II, article 23; section III,
articles 43, 45, 46, and 50 of the Hague Regulations of 1907;
and chapter 6, title I, articles 2–4 of the Prisoners of War
Convention (Geneva 1929); and the decision and judgment of the
IMT of 30 September and 1 October 1946.
These defendants, in one or more of the relationships set out
in paragraph 2 of article II of Law No. 10, committed numerous
criminal acts as defined in Law No. 10, article II.
These include, as the first substantive group of crimes, the
wrongful extension of German law and German courts into and
over the Eastern Territories and other overrun nations and the
Protectorate, each of which, we contend, was not only an act
done by these defendants in connection with, and in furtherance
of, aggressive war, but also done by them for purely political
reasons which made no pretense of being based upon military
necessity, so that it was _ipso facto_ unlawful or _malum
per se_ and made every act initiated thereafter under such
wrongful extension, as against any of the defendants who are
responsible under Law No. 10, article II, for that wrongful
extension of German law, fall into the category of a felony,
murder, or a criminal enslavement, mayhem, or atrocity; or a
larceny while armed, or a robbery as to plunder of public or
private property.
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