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Page numbers in braces refer to IMT, judgment of 1 October 1946, in The Trial of
German Major War Criminals. Proceedings of the International Military Tribunal sitting at
Nuremberg, Germany, Part 22 (22nd August ,1946 to 1st October, 1946)





1







1PL 8LSluLn1: 1he [udgmenL of Lhe lnLernaLlonal MlllLary 1rlbunal wlll now be
read. l shall noL read Lhe LlLle and Lhe formal parLs.

!"#$%&'(

Cn Lhe 8Lh AugusL, 1943, Lhe CovernmenL of Lhe unlLed klngdom of CreaL 8rlLaln and
norLhern lreland, Lhe CovernmenL of Lhe unlLed SLaLes of Amerlca, Lhe rovlslonal
CovernmenL of Lhe lrench 8epubllc, and Lhe CovernmenL of Lhe unlon of SovleL
SoclallsL 8epubllcs enLered lnLo an agreemenL esLabllshlng Lhls 1rlbunal for Lhe Lrlal of
war crlmlnals whose offences have no parLlcular geographlcal locaLlon. ln
accordance wlLh ArLlcle 3, Lhe followlng CovernmenLs of Lhe unlLed naLlons have
expressed Lhelr adherence Lo Lhe AgreemenL:

Creece, uenmark, ?ugoslavla, Lhe neLherlands, Czechoslovakla, oland, 8elglum,
LLhlopla, AusLralla, Ponduras, norway, anama, Luxemburg, PalLl, new Zealand,
lndla, venezuela, uruguay, and araguay.

8y Lhe CharLer annexed Lo Lhe AgreemenL, Lhe consLlLuLlon, [urlsdlcLlon, and funcLlons
of Lhe 1rlbunal were deflned.

1he 1rlbunal was lnvesLed wlLh power Lo Lry and punlsh persons who had commlLLed
Crlmes AgalnsL eace, War Crlmes and Crlmes AgalnsL PumanlLy as deflned ln Lhe
CharLer.

1he CharLer also provlded LhaL aL Lhe Lrlal of any lndlvldual member of any group or
organlzaLlon Lhe 1rlbunal may declare (ln connecLlon wlLh any acL of whlch Lhe
lndlvldual may be convlcLed) LhaL Lhe group or organlzaLlon of whlch Lhe lndlvldual
was a member was a crlmlnal organlzaLlon.

ln 8erlln, on Lhe 18Lh CcLober, 1943, ln accordance wlLh ArLlcle 14 of Lhe CharLer, an
lndlcLmenL was lodged agalnsL Lhe defendanLs named ln Lhe capLlon above, who had
been deslgnaLed by Lhe CommlLLee of Lhe Chlef rosecuLors of Lhe slgnaLory owers
as ma[or war crlmlnals.

A copy of Lhe lndlcLmenL ln Lhe Cerman language was served upon each defendanL
ln cusLody aL leasL LhlrLy days before Lhe 1rlal opened.

1hls lndlcLmenL charges Lhe defendanLs wlLh Crlmes AgalnsL eace by Lhe plannlng,
preparaLlon, lnlLlaLlon and waglng of wars of aggresslon, whlch were also wars ln
vlolaLlon of lnLernaLlonal LreaLles, agreemenLs and assurances, wlLh War Crlmes and
wlLh Crlmes AgalnsL PumanlLy. 1he defendanLs are also charged wlLh parLlclpaLlng ln
Lhe formulaLlon or execuLlon of a Common lan Cr Consplracy Lo commlL all Lhese
crlmes.
ln accordance wlLh ArLlcles 16 and 23 of Lhe CharLer, counsel were elLher chosen by
Lhe defendanLs ln cusLody Lhemselves, or aL Lhelr requesL were appolnLed by Lhe
1rlbunal. ln hls absence Lhe 1rlbunal appolnLed counsel for Lhe defendanL 8ormann,
and also asslgned counsel Lo represenL Lhe named groups or organlzaLlons.

1he 1rlal, whlch was conducLed ln four languages - Lngllsh, 8usslan, lrench, and
Cerman - began on Lhe 20Lh november, 1943, and pleas of "noL CullLy" were made
by all Lhe defendanLs excepL 8ormann.

1he hearlng of evldence and Lhe speeches of counsel concluded on Lhe 31sL AugusL,
1946.








lour hundred and Lhree open sesslons of Lhe 1rlbunal have been held. 1hlrLy-Lhree
wlLnesses gave evldence orally for Lhe prosecuLlon agalnsL Lhe lndlvldual defendanLs,
and slxLy-one wlLnesses, ln addlLlon Lo nlneLeen of Lhe defendanLs, gave evldence for
Lhe defence.

A furLher 143 wlLnesses gave evldence for Lhe defence by means of wrlLLen answers
Lo lnLerrogaLorles.

1he 1rlbunal appolnLed Commlssloners Lo hear evldence relaLlng Lo Lhe
organlzaLlons, and 101 wlLnesses were heard for Lhe defence before Lhe
Commlssloners, and 1,809 affldavlLs from oLher wlLnesses were submlLLed. Slx
reporLs were also submlLLed, summarlzlng Lhe conLenLs of a greaL number of furLher
affldavlLs.

38,000 affldavlLs, slgned by 133,000 people, were submlLLed on behalf of Lhe ollLlcal
Leaders, 136,213 on behalf of Lhe SS, 10,000 on behalf of Lhe SA, 7,000 on behalf of
Lhe Su, 3,000 on behalf of Lhe Ceneral SLaff and CkW, and 2,000 on behalf of Lhe
CesLapo.

1he 1rlbunal lLself heard LwenLy-Lwo wlLnesses for Lhe organlzaLlons. 1he documenLs
Lendered ln evldence for Lhe prosecuLlon of Lhe lndlvldual defendanLs and Lhe
organlzaLlons numbered several Lhousands. A compleLe sLenographlc record of
everyLhlng sald ln CourL has been made, as well as an elecLrlcal recordlng of all Lhe
proceedlngs.

Much of Lhe evldence presenLed Lo Lhe 1rlbunal on behalf of Lhe prosecuLlon was
documenLary evldence, capLured by Lhe Allled armles ln Cerman Army headquarLers,
CovernmenL bulldlngs, and elsewhere. Some of Lhe documenLs were found ln salL
mlnes, burled ln Lhe ground, hldden behlnd false walls and ln oLher places LhoughL Lo
be secure from dlscovery. 1he case, Lherefore, agalnsL Lhe defendanLs resLs ln a
large measure on documenLs of Lhelr own maklng, Lhe auLhenLlclLy of whlch has noL
been challenged excepL ln one or Lwo cases.



(*& +*,-(&- .-/0121/'2

1he lndlvldual defendanLs are lndlcLed under ArLlcle 6 of Lhe CharLer

















(*& #&3&'#,'(2

/B%!"/

Crlng ls lndlcLed on all four counLs. 1he evldence shows LhaL, afLer PlLler, he was Lhe
mosL promlnenL man ln Lhe nazl reglme. Pe was Commander-ln-Chlef of Lhe
LufLwaffe, lenlpoLenLlary for Lhe lour-?ear lan, and had Lremendous lnfluence wlLh
PlLler, aL leasL unLll 1943, when Lhelr relaLlonshlp deLerloraLed, endlng ln hls arresL ln
1943. Pe LesLlfled LhaL PlLler kepL hlm lnformed of all lmporLanL mlllLary and pollLlcal
problems.

!"#$%& ()(#*&+ ,%(!%

lrom Lhe momenL he [olned Lhe arLy ln 1922, and Look command of Lhe sLreeL-
flghLlng organlzaLlon, Lhe SA, Crlng was Lhe advlser, Lhe acLlve agenL of PlLler, and
one of Lhe prlme leaders of Lhe nazl movemenL. As PlLler's pollLlcal depuLy, he was
largely lnsLrumenLal ln brlnglng Lhe naLlonal SoclallsLs Lo power ln 1933 and was
charged wlLh consolldaLlng Lhls power and expandlng Cerman armed mlghL. Pe
developed Lhe CesLapo and creaLed Lhe flrsL concenLraLlon camps, rellnqulshlng Lhem
Lo Plmmler ln 1934, conducLed Lhe 8hm purge ln LhaL year, and englneered Lhe
sordld proceedlngs whlch resulLed ln Lhe removal of von 8lomberg and von lrlLsch
from Lhe Army. ln 1936 he became lenlpoLenLlary for Lhe lour-?ear lan and ln
Lheory and ln pracLlce was Lhe economlc dlcLaLor of Lhe 8elch. ShorLly afLer Lhe acL
of Munlch he announced LhaL he would embark on a flvefold expanslon of Lhe
LufLwaffe and speed rearmamenL, wlLh emphasls on offenslve weapons.

Crlng was one of Lhe flve lmporLanL leaders presenL aL Lhe Poszbach Conference of
3Lh november, 1937, and aLLended Lhe oLher lmporLanL conferences already
dlscussed ln Lhls !udgmenL. ln Lhe AusLrlan Anschluss he was lndeed Lhe cenLral
flgure, Lhe rlngleader. Pe sald ln CourL: "l musL Lake 100 per cenL responslblllLy. . . . l
even overruled ob[ecLlons by Lhe luhrer and broughL everyLhlng Lo lLs flnal
developmenL." ln Lhe selzure of Lhe SudeLenland he played hls role as LufLwaffe chlef
by plannlng an alr offenslve whlch proved unnecessary, and hls role as a pollLlclan by
lulllng Lhe Czechs wlLh false promlses of frlendshlp. 1he nlghL before Lhe lnvaslon of
Czechoslovakla and Lhe absorpLlon of 8ohemla and Moravla, aL a conference wlLh
PlLler and resldenL Pacha, he LhreaLened Lo bomb rague lf Pacha dld noL submlL.
1hls LhreaL he admlLLed ln hls LesLlmony.

[486}

Crlng aLLended Lhe 8elch Chancellery meeLlng of 23rd May, 1939, when PlLler Lold
hls mlllLary leaders "1here ls, Lherefore, no quesLlon of sparlng oland," and was
presenL aL Lhe Cbersalzberg brleflng of 22nd AugusL, 1939. And Lhe evldence shows
he was acLlve ln Lhe dlplomaLlc manouvres whlch followed. WlLh PlLler's connlvance
he used Lhe Swedlsh buslness man uahlerus as a go-beLween Lo Lhe 8rlLlsh, as
descrlbed by uahlerus Lo Lhls 1rlbunal, Lo Lry Lo prevenL Lhe 8rlLlsh CovernmenL from
keeplng lLs guaranLee Lo Lhe oles.

Pe commanded Lhe LufLwaffe ln Lhe aLLack on oland and LhroughouL Lhe aggresslve
wars whlch followed.













Lven lf he opposed PlLler's plans agalnsL norway and Lhe SovleL unlon, as he
alleged, lL ls clear LhaL he dld so only for sLraLeglc reasons, once PlLler had declded
Lhe lssue, he followed hlm wlLhouL heslLaLlon. Pe made lL clear ln hls LesLlmony LhaL
Lhese dlfferences were never ldeologlcal or legal. Pe was "ln a rage" abouL Lhe
lnvaslon of norway, buL only because he had noL recelved sufflclenL warnlng Lo
prepare Lhe LufLwaffe offenslve. Pe admlLLed he approved of Lhe aLLack: "My aLLlLude
was perfecLly poslLlve." Pe was acLlve ln preparlng and execuLlng Lhe ?ugoslavlan
and Creek campalgns and LesLlfled LhaL "lan MarlLa," Lhe aLLack on Creece, had
been prepared long beforehand. 1he SovleL unlon he regarded as Lhe "mosL
LhreaLenlng menace Lo Cermany," buL sald Lhere was no lmmedlaLe mlllLary necesslLy
for Lhe aLLack. lndeed, hls only ob[ecLlon Lo Lhe war of aggresslon agalnsL Lhe
u.S.S.8. was lLs Llmlng, he wlshed, for sLraLeglc reasons, Lo delay unLll 8rlLaln was
conquered. Pe LesLlfled: "My polnL of vlew was declded by pollLlcal and mlllLary
reasons only."

AfLer hls own admlsslons Lo Lhls 1rlbunal, from Lhe poslLlons whlch he held, Lhe
conferences he aLLended, and Lhe publlc words he uLLered, Lhere can remaln no doubL
LhaL Crlng was Lhe movlng force for aggresslve war, second only Lo PlLler. Pe was
Lhe planner and prlme mover ln Lhe mlllLary and dlplomaLlc preparaLlon for war whlch
Cermany pursued.

-(" !"#$%& (*. !"#$%& ()(#*&+ /0$(*#+1

1he record ls fllled wlLh Crlng's admlsslons of hls compllclLy ln Lhe use of slave
labour. "We dld use Lhls labour for securlLy reasons so LhaL Lhe workers would noL be
acLlve ln Lhelr own counLry and would noL work agalnsL us. Cn Lhe oLher hand, Lhey
served Lo help ln Lhe economlc war." And agaln: "Workers were forced Lo come Lo Lhe
8elch. 1haL ls someLhlng l have noL denled." 1he man who spoke Lhese words was
lenlpoLenLlary for Lhe lour-?ear lan charged wlLh Lhe recrulLmenL and allocaLlon of
manpower. As LufLwaffe Commander-ln-Chlef he demanded from Plmmler more
slave labourers for hls underground alrcrafL facLorles: "1haL l requesLed lnmaLes of
concenLraLlon camps for Lhe armamenL of Lhe LufLwaffe ls correcL and lL ls Lo be Laken
as a maLLer of course."

As lenlpoLenLlary Crlng slgned a dlrecLlve concernlng Lhe LreaLmenL of ollsh
workers ln Cermany and lmplemenLed lL by regulaLlons of Lhe Su, lncludlng "speclal
LreaLmenL." Pe lssued dlrecLlves Lo use SovleL and lrench prlsoners of war ln Lhe
armamenL lndusLry, he spoke of selzlng oles and uuLch and maklng Lhem prlsoners
of war lf necessary, and uslng Lhem for work. Pe agrees LhaL 8usslan prlsoners of
war were used Lo man anLl-alrcrafL baLLerles.

As lenlpoLenLlary Crlng was Lhe acLlve auLhorlLy ln Lhe spollaLlon of conquered
LerrlLory. Pe made plans for Lhe spollaLlon of SovleL LerrlLory long before Lhe war on
Lhe SovleL unlon. 1wo monLhs prlor Lo Lhe lnvaslon of Lhe SovleL unlon, PlLler gave
Crlng Lhe overall dlrecLlon for Lhe economlc admlnlsLraLlon ln Lhe LerrlLory. Crlng seL
up an economlc sLaff for Lhls work. As 8elchsmarschal of Lhe CreaLer Cerman 8elch,
"Lhe orders of Lhe 8elchsmarschal cover all economlc flelds, lncludlng nuLrlLlon and
agrlculLure." Pls so-called "Creen" folder, prlnLed by Lhe WehrmachL, seL up an
"Lconomlc LxecuLlve SLaff LasL." 1hls dlrecLlve conLemplaLed plunderlng and
abandonmenL of all lndusLry ln Lhe food deflclL reglons and, from Lhe food surplus
reglons, a dlverslon

[487}










of food Lo Cerman needs. Crlng clalms lLs purposes have been mlsundersLood, buL
admlLs "LhaL as a maLLer of course and a maLLer of duLy we would have used 8ussla
for our purposes" when conquered.

And he parLlclpaLed ln Lhe conference of 16Lh !uly, 1941, when PlLler sald Lhe
naLlonal SoclallsLs had no lnLenLlon of ever leavlng Lhe occupled counLrles, and LhaL
"all necessary measures - shooLlng, deseLLllng, eLc.," should be Laken.

Crlng persecuLed Lhe !ews, parLlcularly afLer Lhe november, 1938, rloLs, and noL
only ln Cermany where he ralsed Lhe bllllon-mark flne as sLaLed elsewhere buL ln Lhe
conquered LerrlLorles as well. Pls own uLLerances Lhen and hls LesLlmony now shows
Lhls lnLeresL was prlmarlly economlc - how Lo geL Lhelr properLy and how Lo force
Lhem ouL of Lhe economlc llfe of Lurope. As Lhese counLrles fell before Lhe Cerman
Army he exLended Lhe 8elch's anLl-!ewlsh laws Lo Lhem, Lhe "23456726289:;<88 for
1939, 1940 and 1941 conLalns several anLl-!ewlsh decrees slgned by Crlng.
AlLhough Lhelr exLermlnaLlon was ln Plmmler's hands, Crlng was far from
dlslnLeresLed or lnacLlve, desplLe hls proLesLaLlons ln Lhe wlLness-box. 8y decree of
31sL !uly, 1941, he dlrecLed Plmmler and Peydrlch Lo "brlng abouL a compleLe
soluLlon of Lhe !ewlsh quesLlon ln Lhe Cerman sphere of lnfluence ln Lurope."

1here ls noLhlng Lo be sald ln mlLlgaLlon. lor Crlng was ofLen, lndeed almosL always,
Lhe movlng force, second only Lo hls leader. Pe was Lhe leadlng war aggressor, boLh
as pollLlcal and as mlllLary leader, he was Lhe dlrecLor of Lhe slave labour programme
and Lhe creaLor of Lhe oppresslve programme agalnsL Lhe !ews and oLher races, aL
home and abroad. All of Lhese crlmes he has frankly admlLLed. Cn some speclflc
cases Lhere may be confllcL of LesLlmony, buL ln Lerms of Lhe broad ouLllne hls own
admlsslons are more Lhan sufflclenLly wlde Lo be concluslve of hls gullL. Pls gullL ls
unlque ln lLs enormlLy. 1he record dlscloses no excuses for Lhls man.

!=>4;?63=>

1he 1rlbunal flnds Lhe defendanL Crlng gullLy on all four counLs of Lhe lndlcLmenL.


C$!#$(

kelLel ls lndlcLed on all four counLs. Pe was Chlef of SLaff Lo Lhe Lhen MlnlsLer of War
von 8lomberg, from 1933 Lo 4Lh lebruary, 1938, on LhaL day PlLler Look command of
Lhe armed forces, maklng kelLel Chlef of Lhe Plgh Command of Lhe Armed lorces.
kelLel dld noL have command auLhorlLy over Lhe Lhree WehrmachL branches whlch
en[oyed dlrecL access Lo Lhe Supreme Commander. CkW was ln effecL PlLler's
mlllLary sLaff.

!"#$%& ()(#*&+ ,%(!%

kelLel aLLended Lhe Schuschnlgg Conference ln lebruary, 1938, wlLh Lwo oLher
generals. 1helr presence, he admlLLed, was a "mlllLary demonsLraLlon," buL slnce he
had been appolnLed CkW Chlef [usL one week before, he had noL known why he had
been summoned. PlLler and kelLel Lhen conLlnued Lo puL pressure on AusLrla wlLh
false rumours, broadcasLs and Lroop manouvres. kelLel made Lhe mlllLary and oLher
arrangemenLs, and !odl's dlary noLed "Lhe effecL ls qulck and sLrong." When
Schuschnlgg called hls pleblsclLe, kelLel LhaL nlghL brlefed PlLler and hls generals,
and PlLler lssued "Case CLLo'' whlch kelLel lnlLlaled.










Cn 21sL Aprll, 1938, PlLler and kelLel consldered maklng use of a posslble "lncldenL,"
such as Lhe assasslnaLlon of Lhe Cerman MlnlsLer aL rague, Lo preface Lhe aLLack on
Czechoslovakla. kelLel slgned many dlrecLlves and memoranda on "lall Crun,"
lncludlng Lhe dlrecLlve of 30Lh May, conLalnlng PlLler's sLaLemenL: "lL ls my unalLerable
declslon Lo smash Czechoslovakla by mlllLary acLlon ln Lhe near fuLure." AfLer Munlch,
kelLel lnlLlaled PlLler's dlrecLlve for Lhe aLLack on Czechoslovakla and lssued Lwo
supplemenLs. 1he second supplemenL sald Lhe aLLack should appear Lo Lhe ouLslde
world as "merely an acL of paclflcaLlon and noL a warllke underLaklng." 1he CkW
Chlef aLLended PlLler's negoLlaLlons wlLh Pacha when Lhe laLLer surrendered.

kelLel was presenL on 23rd May, 1939, when PlLler announced hls declslon "Lo aLLack
oland aL Lhe flrsL sulLable opporLunlLy". Already he had slgned Lhe dlrecLlve requlrlng
Lhe WehrmachL Lo submlL lLs "lall Welss" LlmeLable Lo CkW by 1sL May.

[492}

1he lnvaslon of norway and uenmark he dlscussed on 12Lh uecember, 1939, wlLh
PlLler, !odl and 8aeder. 8y dlrecLlve of 27Lh !anuary, 1940, Lhe norway plans were
placed under kelLel's "dlrecL and personal guldance." PlLler had sald on 23rd May,
1939, he would lgnore Lhe neuLrallLy of 8elglum and Lhe neLherlands, and kelLel
slgned orders for Lhese aLLacks on 13Lh CcLober, 20Lh november, and 28Lh
november, 1939. Crders posLponlng Lhls aLLack sevenLeen Llmes unLll sprlng, 1940,
all were slgned by kelLel or !odl.

lormal plannlng for aLLacklng Creece and ?ugoslavla had begun ln november, 1940.
Cn 18Lh March, 1941, kelLel heard PlLler Lell 8aeder compleLe occupaLlon of Creece
was a prerequlslLe Lo seLLlemenL, and also heard PlLler decree on 27Lh March LhaL Lhe
desLrucLlon of ?ugoslavla should Lake place wlLh "unmerclful harshness."

kelLel LesLlfled LhaL he opposed Lhe lnvaslon of Lhe SovleL unlon for mlllLary reasons,
and also because lL would consLlLuLe a vlolaLlon of Lhe non-aggresslon pacL.
neverLheless, he lnlLlaled "Case 8arbarossa," slgned by PlLler on 18Lh uecember,
1940, and aLLended Lhe CkW dlscusslon wlLh PlLler on 3rd lebruary, 1941. kelLel's
supplemenL of 13Lh March esLabllshed Lhe relaLlonshlp beLween Lhe mlllLary and
pollLlcal offlcers. Pe lssued hls LlmeLable for Lhe lnvaslon on 6Lh !une, 1941, and was
presenL aL Lhe brleflng of 14Lh !une, when Lhe generals gave Lhelr flnal reporLs before
aLLack. Pe appolnLed !odl and WarllmonL as CkW represenLaLlves Lo 8osenberg on
maLLers concernlng Lhe LasLern LerrlLorles. Cn 16Lh !une he dlrecLed all Army unlLs Lo
carry ouL Lhe economlc dlrecLlves lssued by Crlng ln Lhe so-called "Creen lolder" for
Lhe explolLaLlon of 8usslan LerrlLory, food and raw maLerlals.

-(" !"#$%& (*. !"#$%& ()(#*&+ /0$(*#+1

Cn 4Lh AugusL, 1942, kelLel lssued a dlrecLlve LhaL paraLroopers were Lo be Lurned
over Lo Lhe Su. Cn 18Lh CcLober PlLler lssued Lhe Commando Crder, whlch was
carrled ouL ln several lnsLances. AfLer Lhe landlng ln normandy, kelLel reafflrmed Lhe
order, and laLer exLended lL Lo Allled mlsslons flghLlng wlLh parLlsans. Pe admlLs he
dld noL belleve Lhe order was legal, buL clalms he could noL sLop PlLler from decreelng
lL.

















When, on 8Lh SepLember, 1941, CkW lssued lLs ruLhless regulaLlons for Lhe
LreaLmenL of SovleL prlsoners of war, Canarls wroLe Lo kelLel LhaL under lnLernaLlonal
Law Lhe Su should have noLhlng Lo do wlLh Lhls maLLer. Cn a memorandum ln kelLel's
handwrlLlng, daLed 23rd SepLember, and lnlLlaled by hlm, ls Lhe sLaLemenL: "1he
ob[ecLlons arlse from Lhe mlllLary concepL of chlvalrous warfare. 1hls ls Lhe
desLrucLlon of an ldeology. 1herefore l approve and back Lhe measures." kelLel
LesLlfled LhaL he really agreed wlLh Canarls and argued wlLh PlLler, buL losL. 1he CkW
Chlef dlrecLed Lhe mlllLary auLhorlLles Lo co-operaLe wlLh Lhe LlnsaLzsLab 8osenberg ln
looLlng culLural properLy ln occupled LerrlLorles.

Lahousen LesLlfled LhaL kelLel Lold hlm on 12Lh SepLember, 1939, whlle aboard PlLler's
headquarLers Lraln, LhaL Lhe ollsh lnLelllgenLsla, noblllLy and !ews were Lo be



llquldaLed. Cn 20Lh CcLober PlLler Lold kelLel Lhe lnLelllgenLsla would be prevenLed
from formlng a rullng class, Lhe sLandard of llvlng would remaln low, and oland
would be used only for labour forces. kelLel does noL remember Lhe Lahousen
conversaLlon, buL admlLs Lhere was such a pollcy and LhaL he had proLesLed wlLhouL
effecL Lo PlLler abouL lL.

Cn 16Lh SepLember, 1941, kelLel ordered LhaL aLLacks on soldlers ln Lhe LasL should
be meL by puLLlng Lo deaLh flfLy Lo one hundred CommunlsLs for one Cerman soldler,
wlLh Lhe commenL LhaL human llfe was less Lhan noLhlng ln Lhe LasL. Cn 1sL CcLober
he ordered mlllLary commanders always Lo have hosLages Lo execuLe when Cerman
soldlers were aLLacked. When 1erboven, Lhe 8elch Commlssloner ln norway, wroLe
PlLler LhaL kelLel's suggesLlon LhaL workmen's relaLlves be held responslble for
saboLage could work only lf flrlng-squads were auLhorlzed, kelLel wroLe on Lhls
memorandum ln Lhe margln: "?es, LhaL ls Lhe besL."

[493}

Cn 12Lh May, 1941, flve weeks before Lhe lnvaslon of Lhe SovleL unlon, Lhe CkW
urged upon PlLler a dlrecLlve of CkP LhaL pollLlcal commlssars be llquldaLed by Lhe
Army. kelLel admlLLed Lhe dlrecLlve was passed on fleld Lo commanders. Cn 13Lh May
kelLel slgned an order LhaL clvlllans suspecLed of offences agalnsL Lroops should be
shoL wlLhouL Lrlal, and LhaL prosecuLlon of Cerman soldlers for offences agalnsL
clvlllans was unnecessary. Cn 27Lh !uly all coples of Lhls dlrecLlve were ordered Lo be
desLroyed wlLhouL affecLlng lLs valldlLy. lour days prevlously he had slgned anoLher
order LhaL legal punlshmenL was lnadequaLe and Lroops should use Lerrorlsm.

Cn 7Lh uecember, 1941, as already dlscussed ln Lhls oplnlon, Lhe so-called "nachL
und nebel" uecree, over kelLel's slgnaLure, provlded LhaL ln occupled LerrlLorles
clvlllans who had been accused of crlmes of reslsLance agalnsL Lhe army of
occupaLlon would be Lrled only lf a deaLh senLence was llkely, oLherwlse Lhey would
be handed Lo Lhe CesLapo for LransporLaLlon Lo Cermany.

kelLel dlrecLed LhaL 8usslan prlsoners of war be used ln Cerman war lndusLry. Cn 8Lh
SepLember, 1942, he ordered lrench, uuLch and 8elglan clLlzens Lo work on Lhe
consLrucLlon of Lhe ALlanLlc Wall. Pe was presenL on 4Lh !anuary, 1944 when PlLler
dlrecLed Sauckel Lo obLaln four mllllon new workers from occupled LerrlLorles.













ln Lhe face of Lhese documenLs, kelLel does noL deny hls connecLlon wlLh Lhese acLs.
8aLher, hls defence relles on Lhe facL LhaL he ls a soldler and on Lhe docLrlne of
"superlor orders," prohlblLed by ArLlcle 8 of Lhe CharLer as a defence.

1here ls noLhlng ln mlLlgaLlon. Superlor orders, even Lo a soldler, cannoL be
consldered ln mlLlgaLlon where crlmes as shocklng and exLenslve have been
commlLLed consclously, ruLhlessly and wlLhouL mlllLary excuse or [usLlflcaLlon.

!=>4;?63=>

1he 1rlbunal flnds kelLel gullLy on all four counLs.
lL was urged on behalf of Lhe defendanLs LhaL a fundamenLal prlnclple of all law -
lnLernaLlonal and domesLlc - ls LhaL Lhere can be no punlshmenL of crlme wlLhouL a
pre-exlsLlng law. "*?;;?@ 4A3@2> 63>2 ;272B >?;;< C=2>< 63>2 ;272D" lL was submlLLed
LhaL 2E C=68 F<48= punlshmenL ls abhorrenL Lo Lhe law of all clvlllzed naLlons, LhaL no
soverelgn power had made aggresslve war a crlme aL Lhe Llme LhaL Lhe alleged
crlmlnal acLs were commlLLed, LhaL no sLaLuLe had deflned aggresslve war, LhaL no
penalLy had been flxed for lLs commlsslon, and no courL had been creaLed Lo Lry and
punlsh offenders.

ln Lhe flrsL place, lL ls Lo be observed LhaL Lhe maxlm >?;;?@ 4A3@2> 63>2 ;272" ls noL a
llmlLaLlon of soverelgnLy, buL ls ln general a prlnclple of [usLlce. 1o asserL LhaL lL ls
un[usL Lo punlsh Lhose who ln deflance of LreaLles and assurances have aLLacked
nelghbourlng SLaLes wlLhouL warnlng ls obvlously unLrue, for ln such clrcumsLances
Lhe aLLacker musL know LhaL he ls dolng wrong, and so far from lL belng un[usL Lo
punlsh hlm, lL would be un[usL lf hls wrong were allowed Lo go unpunlshed. Cccupylng
Lhe poslLlons Lhey dld ln Lhe CovernmenL of Cermany, Lhe defendanLs, or aL leasL
some of Lhem, musL have known of Lhe LreaLles slgned by Cermany, ouLlawlng
recourse Lo war for Lhe seLLlemenL of lnLernaLlonal dlspuLes, Lhey musL have known
LhaL Lhey were acLlng ln deflance of all lnLernaLlonal Law when ln compleLe
dellberaLlon Lhey carrled ouL Lhelr deslgns of lnvaslon and aggresslon.
Cn Lhls vlew of Lhe case alone, lL would appear LhaL Lhe maxlm has no appllcaLlon Lo Lhe presenL
facLs.

.4567589:; <= 16>:46?>5<6?9 @?A -:7<B65C:D 56 >E: +E?4>:4 <= >E: 'F46G:4B (45GH6?9 ?6D 56 >E:
!HDBI:6> <= >E: (45GH6?9

.4567589: 1J Any person who commlLs an acL whlch consLlLuLes a crlme under lnLernaLlonal law ls
responslble Lherefor and llable Lo punlshmenL.
.4567589: 11J 1he facL LhaL lnLernal law does noL lmpose a penalLy for an acL whlch consLlLuLes a crlme
under lnLernaLlonal law does noL relleve Lhe person who commlLLed Lhe acL from responslblllLy under
lnLernaLlonal law.
.4567589: 111J 1he facL LhaL a person who commlLLed an acL whlch consLlLuLes a crlme under
lnLernaLlonal law acLed as Pead of SLaLe or responslble CovernmenL offlclal does noL relleve hlm from
responslblllLy under lnLernaLlonal law.
.4567589: 10J 1he facL LhaL a person acLed pursuanL Lo order of hls CovernmenL or of a superlor does
noL relleve hlm from responslblllLy under lnLernaLlonal law, provlded a moral cholce was ln facL
posslble Lo hlm.
.4567589: 0. Any person charged wlLh a crlme under lnLernaLlonal law has Lhe rlghL Lo a falr Lrlal on Lhe
facLs and law.
.4567589: 01J 1he crlmes herelnafLer seL ouL are punlshable as crlmes under lnLernaLlonal law:
(a) Crlmes agalnsL peace:
(l) lannlng, preparaLlon, lnlLlaLlon or waglng of a war of aggresslon or a war ln vlolaLlon of
lnLernaLlonal LreaLles, agreemenLs or assurances,
(ll) arLlclpaLlon ln a common plan or consplracy for Lhe accompllshmenL of any of Lhe acLs
menLloned under (l).
(:) War crlmes: vlolaLlons of Lhe laws or cusLoms of war whlch lnclude, buL are noL llmlLed Lo,
murder, lll- LreaLmenL or deporLaLlon Lo slave-labour or for any oLher purpose of clvlllan populaLlon
of or ln occupled LerrlLory, murder or lll-LreaLmenL of prlsoners of war, of persons on Lhe seas,
kllllng of hosLages, plunder of publlc or prlvaLe properLy, wanLon desLrucLlon of clLles, Lowns, or
vlllages, or devasLaLlon noL [usLlfled by mlllLary necesslLy.
(4) Crlmes agalnsL humanlLy: Murder, exLermlnaLlon, enslavemenL, deporLaLlon and oLher lnhuman
acLs done agalnsL any clvlllan populaLlon, or persecuLlons on pollLlcal, raclal or rellglous grounds,
when such acLs are done or such persecuLlons are carrled on ln execuLlon of or ln connecLlon wlLh
any crlme agalnsL peace or any war crlme.
.4567589: 011J CompllclLy ln Lhe commlsslon of a crlme agalnsL peace, a war crlme, or a crlme agalnsL
humanlLy as seL forLh ln rlnclple vl ls a crlme under lnLernaLlonal law.