The Palace of Justice in
Nuremberg, site of the trials
Charter of the International Military TribunalAugust 8, 1945(Selected Articles)ARTICLE 1In pursuance of the Agreement signed on the 8th day of August 1945 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, there shall be established an International Military Tribunal (hereafter called "the Tribunal") for the just and prompt trial and punishment of major war criminals of the European Axis. ARTICLE 2 The Tribunal shall consist of four members, each with an
alternate.
One member and one alternate shall be appointed by each of the
Signatories.
The alternates shall, so far as they are able, be present at all
sessions
of the Tribunal. In case of illness of any member of the Tribunal
or his incapacity for some other reason to fulfill his functions, his
alternate
shall take his place....
ARTICLE 6 The Tribunal established by the Agreement referred to in
Article 1
hereof
for the trial and punishment of the major war criminals of the European
Axis countries shall have the power to try and punish persons who,
acting
in the interests of the European Axis countries, whether as individuals
or as members of organizations, committed any of the following crimes.
(a) Crimes against Peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a Common Plan or Conspiracy for the accomplishment of any of the foregoing;Leaders, organizers, instigators, and accomplices participating in the formulation or execution of a Common Plan or Conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan. ARTICLE 7 The official position of defendants, whether as Heads of State or responsible officials in Government departments, shall not be considered as freeing them from responsibility or mitigating punishment. ARTICLE 8 The fact that the defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determine that justice so requires. ARTICLE 9 At the trial of any individual member of any group or
organization
the
Tribunal may declare (in connection with any act of which the
individual
may be convicted) that the group or organization of which the
individual
was a member was a criminal organization.
ARTICLE 10 In cases where a group or organization is declared criminal by the Tribunal, the competent national authority of any Signatory shall have the right to bring individuals to trial for membership therein before national, military, or occupation courts. In any such case the criminal nature of the group or organization is considered proved and shall not be questioned. ARTICLE 11 Any person convicted by the Tribunal may be charged before a national, military, or occupation court, referred to in Article 10 of this Charter, with a crime other than of membership in a criminal group or organization and such court may, after convicting him, impose upon him punishment independent of and additional to the punishment imposed by the Tribunal for participation in the criminal activities of such group or organization.... ARTICLE 13 The Tribunal shall draw up rules for its procedure. These rules shall- not be inconsistent with the provisions of this Charter. ARTICLE 14 Each Signatory shall appoint a Chief Prosecutor for the
investigation
of the charges against and the prosecution of major war criminals.
(a) to agree upon a plan of the individual work of each of the Chief Prosecutors and his staff,The Committee shall act in all the above matters by a majority vote and shall appoint a Chairman as may be convenient and in accordance with the principle of rotation: provided that if there is an equal division of vote concerning the designation of a defendant to be tried by the Tribunal, or the crimes with which he shall be charged, that proposal will be adopted which was made by the party which proposed that the particular defendant be tried, or the particular charges be preferred against him.... ARTICLE 16 In order to ensure fair trial for the defendants, the following procedure shall be followed: (a) 'Me Indictment shall include full particulars specifying in detail the charges against the defendants. A copy of the Indictment and of all the documents lodged with the Indictment, translated into a language which he understands, shall be furnished to the defendant at a reasonable time before the Trial.
The Tribunal shall: (a) confine the Trial strictly to an expeditious hearing of the issues raised by the charges,
The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and nontechnical procedure, and shall admit any evidence which it deems to have probative value.... ARNCLE 26 The judgment of the Tribunal as to the guilt or the innocence of any defendant shall give the reasons on which it is based, and shall be final and not subject to review. ARTICLE 27 The Tribunal shall have the right to impose upon a defendant
on
conviction,
death or such other punishment as shall be determined by it to be just.
Count One:
Conspiracy to
Wage Aggressive War
Count Two: Waging Aggressive War, or "Crimes Against Peace"Including “the planning, preparation, initiation, and waging of wars of aggression, which were also wars in violation of international treaties, agreements, and assurances.”Count Three: War CrimesThese were the more “traditional” violations of the law of war including treatment of prisoners of war, slave labor, and use of outlaws weapons.Count Four: Crimes Against HumanityThis count involved the actions in concentration camps and other death rampages.Verdicts and SentencesDefendants:Martin BormannCount I: Indicted Not GuiltyCount II: Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Death by hanging Bormann was in charge of the Aid Fund of the SA and became the head of the party Chancellery in 1941. He later became Secretary to the Fuehrer. He was known to have a strong influence on Hitler’s decisions, although the evidence does not show he attended the important meetings where Hitler announced plans for war. He is directly linked to orders for enslaving and annihilating people in the occupied territories. He was particularly active in the persecution of Jewish people. He issued orders with respect to the slave labor programs as well as for prisoners of war. There was little evidence for defense counsel to use in light
of the
numerous documents signed by Bormann. His council did argue that
Bormann was dead (no actual proof of this but he had not appeared) and
therefore the tribunal should not waste its time arguing his
fate.
Article 12 of the Nuremberg Charter, however, allows proceedings in the
absence of the defendant. Article 29 allows mitigation facts to
be
heard if Bormann is later found.
Karl DoenitzCount I: Indicted Not GuiltyCount II: Indicted Guilty Count III: Indicted Guilty Count IV: Sentenced to: Ten years imprisonment Doenitz became Commander-in-Chief of the German Navy in 1943
but the
evidence does not show he knew of Hitler’s plans
Hans FrankCount I: Indicted Not GuiltyCount II: Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Death by hanging Frank held positions such as President of the Academy of German Law until he was dismissed from the position as a result of a dispute with Himmler. He did not play a significant role in the plans for war. He was instrumental in the attacks against Poland, however, and for that he was found guilty. He is quoted as saying “Poland shall be treated like a colony; the Poles will become the slaves of the Greater German World Empire.” This attack was especially violent. He was also a key player in the initial plan to use slave laborers. He oversaw the first ghettos created for Jewish German people. Frank’s testimony included feelings of guilt for what he
did.
“A thousand years will pass and the guilt of Germany will not be
Wilhelm FrickCount I: Indicted Not GuiltyCount II: Indicted Guilty Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Death by hanging Frick held numerous positions, including Minister of the
Interior,
that
gave him knowledge of the plans for war. He signed laws and
issued
orders against many countries and their citizens. He
also signed many laws ordering the elimination of Jewish people.
He also had knowledge of the torture committed against people in
nursing
homes, hospitals, and asylums. Although others complained to
Frick
about the murder of these innocent people, Frick turned his head and
allowed
it to continue.
Hans FritzscheCount I: Indicted Not GuiltyCount II: Count III: Indicted Not Guilty Count IV: Indicted Not Guilty Fritzche was active as a radio commentator and later became
the head
of the Wireless News Service for the Reich Government. He was in
charge of the Media when anti-semitic messages were printed. The
tribunal found, however, that he
Walther FunkCount I: Indicted Not GuiltyCount II: Indicted Guilty Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Imprisonment for life Funk was one of Hitler’s economic advisers, but did not serve
in
this
role until after the important conferences that established the plans
for
war. He did assist in the attack on the U.S.S.R. He
participated
in plans to ban Jewish people from German
Hermann Wilhelm GoeringCount I: Indicted ConvictedCount II: Indicted Convicted Count III: Indicted Convicted Count IV: Indicted Convicted Sentenced to: Death by hanging. Goering committed suicide in his cell by swallowing poison before his hanging. Known as the second in command to Hitler until their
relationship
deteriorated
in 1943, commanding the SA during most of the war and developing the
Gestapo.
He also served as Chief of the Air Force. Goering was arrested in
1945. He freely told the Tribunal the positions he held, the
conferences
he attended, and the fact that he treated humans as slave labor,
demonstrating
In court Goering said, “I must take 100 percent
responsibility.
I even overruled objections by the Fuehrer and brought everything to
its
final development.” Although Himmler was the one in charge of the
extermination of the Jewish people, Goering signed several anti-Jewish
decrees and he often directed Himmler’s actions.
Rudolf HessCount I: Indicted GuiltyCount II: Indicted Guilty Count III: Indicted Not Guilty Count IV: Indicted Not Guilty Sentenced to: Imprisonment for life. Hess committed suicide in prison in 1987 at age 92. Hess was imprisoned with Hitler in 1924, during which time he became Hitler’s Deputy and confidant. He was the top ranking official in the Nazi Party. His every action was in support of Hitler’s ultimate plan until he escaped to England after the war. Although there was evidence linking Hess to the proposed laws against Jewish people and Polish people, the Tribunal did not find enough evidence to find him guilty of these crimes. Hess’ psychological health was questioned before the
trial.
One
medical exam was completed before the trial and he was found competent
to stand trial despite repeated motions to have him examined
again.
Although he may have acted in an unusual manner during the trial, he
seemed
to realize the nature of the charges and had council appointed by the
tribunal
specifically to help defend himself.
Alfred JodlCount I: Indicted GuiltyCount II: Indicted Guilty Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Death by hanging Jodl held high-ranking positions in the Reich starting in
1935,
including
Chief of Army Operations. Jodl was instrumental in planning the
attack
on Czechoslovakia as well as Norway, Greece and Yugoslavia. He
wrote
“The genius of the Fuehrer and
Jodl and his staff signed numerous documents detailing plans to annihilate people, including the plan to kill Soviet commissars. But the evidence does not show he was involved in the slave labor program. His defense was that he was an obedient soldier, signing
orders only
as a command from Hitler. This was not a defense allowed under
Article
Eight of the Charter, however, and no other mitigation evidence could
be
offered.
Ernst KaltenbrunnerCount I: Indicted Not GuiltyCount II: Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Death by hanging By 1935 Kaltenbrunner was the leader of the Austrian branch of
the
SS
and parts of the Gestapo. He was part of the plans to end the
rein
of the Austrian government, but he did not appear to be a part of the
general
plans for war. Rather, Kaltenbrunner was involved with the crimes
against humanity. He issued orders against Jewish people,
prisoners
of war, and slave laborers.
Kaltenbrunner’s defense was that he was under orders involving
foreign
intelligence and never assumed control of the activities of the SS
police.
He claims he did not know of the overall plan. This defense only
convinced the tribunal that Kaltenbrunner
Wilhelm KeitelCount I: Indicted GuiltyCount II: Indicted Guilty Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Death by hanging Keitel was the Chief of Staff of the High Command of the Armed Forces while Hitler was in power. He attended all of the conferences that discussed the plans for war. Many of these meetings were with Hitler, Jodl, and Raeder. Although he testified he was opposed to the invasion of the U.S.S.R., he ultimately helped plan the invasion. Evidence also showed Keitel was aware of the plans to rid Poland of Jewish people. He also issued orders to kill Communists. There was no mitigation evidence to be heard, and his defense
that
he
was just following orders as a soldier is not valid under the Charter.
Erich RaederCount I: Indicted GuiltyCount II: Indicted Guilty Count III: Indicted Guilty Count IV: Sentenced to: Imprisonment for life Raeder was the Chief of Naval Command as early as 1928, later replaced by Doenitz at Raeder’s request. He admitted during the trial that under his command the Navy violated the Versailles Treaty. Raeder was against the idea of invading the U.S.S.R. but followed the decision to invade fully. Raeder is charged with the sinking of a British passenger ship headed to America in 1939. Raeder shares the charges related to unrestricted submarine
warfare
with Doenitz for sinking merchant ships, whether enemy or neutral.
Alfred RosenbergCount I: Indicted GuiltyCount II: Indicted Guilty Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Death by hanging Rosenberg was in charge of the Nazi party while Hitler was in
jail.
He later took part in plans to attack Norway. He is also held
responsible
for many of the actions in the occupied Eastern Territories.
Rosenberg
planned the confiscation of art treasures in France. He is also
credited
with the invasion of almost 70,000 homes in France in 1941. He
knew
of and participated in crimes against slave laborers and mass killings
of Jewish people. Although he occasionally acknowledged the
brutality
being used, he continued in his post until the end of the war.
Fritz SauckelCount I: Indicted Not GuiltyCount II: Indicted Not Guilty Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Death by hanging Sauckel was instrumental in the use of slave labor. The
evidence
overwhelmingly showed Sauckel established labor service in Germany, to
which more than 5.000.000 people were subjected. He is quoted as
saying “out of five million foreign workers
Hjalmar SchachtCount I: Indicted Not GuiltyCount II: Indicted Not Guilty Count III: Count IV: Schacht served as Commissioner of Currency, President of the
Reichbank,
and Minister of Economics during the war. By 1936, however,
Goering
had taken the position Schacht once held as an influential person in
the
rearmament effort. Although he continued to participate in
economic
decisions, he was not involved in any of the war plans. For this
reason he was acquitted of all crimes.
Arthur Seyss-InquartCount I: Indicted Not GuiltyCount II: Indicted Guilty Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Death by hanging Seyss-Inquart was active in the Austrian Nazi party, taking the position of Minister of Security and Interior in 1938. He created a program to take Jewish people’s property in Austria and later created economic discrimination policies in the Netherlands. He was also in control during the periods that Jewish people were victims of pogroms, sent to concentration camps, or forced to emigrate. He also took part in plans in Poland and the Netherlands, including supporting the occupation policies. In the Netherlands, Seyss-Inquart sent forced laborers to Germany. As did many of the defendants, Seyss-Inquart used as a defense
the
idea
that he only followed orders from above.
Albert SpeerCount I: Indicted Not GuiltyCount II: Indicted Not Guilty Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Twenty years imprisonment Speer was Hitler’s personal architect and a personal
friend.
He
also held important positions in the Nazi party. The evidence did not
show
him as a participant in the plans for war. He was, however,
extremely
active in the slave labor program. His defense was that he used
these
laborers only because the demand for labor was so great. He was
known
to ensure the laborers had food and sufficient work conditions so their
work was effective. He also condoned the use of concentration
camps
for “slackers”.
Julius StreicherCount I: Indicted Not GuiltyCount II: Count III: Count IV: Indicted Guilty Sentenced to: Death by hanging After joining the Nazi party in 1921, Streicher held appointed
and
elected
positions that made him notorious for his crimes against
humanity.
Evidence did not show that Streicher participated in the plans for war,
however. He was a spokesman for the annihilation of the Jewish
people.
He is quoted as saying “a punitive expedition must come against the
Jews
in Russia. A punitive expedition which will provide the same fate
for them that every murder and criminal must expect: Death
sentence
and execution. The Jews in Russia must be killed. They must
be exterminated root and branch.” He also published “If the
danger
of the reproduction of that curse of God in the Jewish blood is finally
to come to an end, then there is only one way the extermination of that
people whose father is the devil.” No defense could justify these
remarks!
Konstantin von NeurathCount I: Indicted GuiltyCount II: Indicted Guilty Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Fifteen years imprisonment. He was released after serving just eight years for health reasons. Von Neurath was Minister of Foreign Affairs. He advised Hitler on many strategic military moves. Von Neurath was allowed to resign in 1938, but continued to be active in the party as a Reich Minister. He was responsible for proclamations and memorandum repressing citizens of Czechoslovokia. His defense was that the enforcement of his proclamations were
carried
out by the police and not Von Neurath himself. His mitigation
evidence
that he did request the release of Czech prisoners in 1939 and
1941.
He was reprimanded personally by Hitler for not being harsh enough.
Franz von PapenCount I: Indicted Not GuiltyCount II: Indicted Not Guilty Count III: Count IV: Von Papen was once the Chancellor of Germany.
Although
Von
Popen held positions in the Reich, there is not enough evidence that he
was part of the plans to wage war. He was therefor acquitted.
Joachim von RibbentropCount I: Indicted GuiltyCount II: Indicted Guilty Count III: Indicted Guilty Count IV: Indicted Guilty Sentenced to: Death by hanging Von Ribbentrop became Foreign Policy Adviser to Hitler in 1933. He later served as Ambassador to England. He was active in the plans to attack Poland. He was aware of plans for the pogroms as well as plans to kill prisoners of war. Von Ribbentrop participated in Hitler’s “final solution”. Von Ribbentrop’s defense was that he was only carrying out
orders
from
the man he followed so faithfully, Hitler. Not only is this not a
valid defense, but the tribunal found convincing evidence that showed
Von
Ribbentrop’s independent belief in what he was doing.
Baldur von SchirachCount I: Indicted Not GuiltyCount II: Count III: Count IV: Indicted Guilty Sentenced to: Twenty years imprisonment Von Schirach was the Youth Leader for the Nazi party in 1931 and later the Leader of Youth in the German Reich. While in this position, he took over all youth groups who competed with the Hitler Youth programs. These youth programs were intense and prepared the youth to be replacements for the SS, stressing the importance of giving your life for Hitler. By 1944 the Youth were being used as auxiliaries in the German military. The evidence does not show he was part of the plans to wage war. Von Schirach was aware of the plans against Jewish people. His office received reports of the deportation, many of which were signed by people on Von Shirach’s staff. |