(i)Members of the ordinary cabinet after 30 January 1933, the date on which Hitler became Chancellor of the German Republic. The term “ordinary cabinet” as used herein means the Reich Ministers, i.e., heads of departments of the central government; ReichMinisters without portfolio; State ministers acting as Reich Ministers; and other officials entitled to take part in meetings of this cabinet.
Members of the ordinary cabinet after 30 January 1933, the date on which Hitler became Chancellor of the German Republic. The term “ordinary cabinet” as used herein means the Reich Ministers, i.e., heads of departments of the central government; ReichMinisters without portfolio; State ministers acting as Reich Ministers; and other officials entitled to take part in meetings of this cabinet.
(ii)Members of der Ministerrat fuer die Reichsverteidigung (Council of Ministers for the Defence of the Reich).
Members of der Ministerrat fuer die Reichsverteidigung (Council of Ministers for the Defence of the Reich).
(iii)Members of der Geheimer Kabinettsrat (Secret Cabinet Council).
Members of der Geheimer Kabinettsrat (Secret Cabinet Council).
Under the Fuehrer, these persons functioning in the foregoing capacities and in association as a group, possessed and exercised legislative, executive, administrative and political powers and functions of a very high order in the system of German government. Accordingly, they are charged with responsibility for the policies adopted and put into effect by the government including those which comprehended and involved the commission of the crimes referred to in Counts, One, Two, Three and Four of the Indictment.
“Das Korps der Politischen Leiter der Nationalsozialistischen Deutschen Arbeiterpartei (Leadership Corps of the Nazi Party)” referred to in the Indictment consists of persons who were at any time, according to common Nazi terminology, “Politischer Leiter” (Political Leaders) of any grade or rank.
The Politischen Leiter comprised the leaders of the various functional offices of the Party (for example, the Reichsleitung, or Party Reich Directorate, and the Gauleitung, or Party Gau Directorate), as well as the territorial leaders of the Party (for example, the Gauleiter).
The Politischen Leiter were a distinctive and elite group within the Nazi Party proper and as such were vested with special prerogatives. They were organized according to the leadership principle and were charged with planning, developing and imposing upon their followers the policies of the Nazi Party. Thus the territorial leaders among them were called Hoheitstraeger, or bearers of sovereignty, and were entitled to call upon and utilize the various Party formations when necessary for the execution of Party policies.
Reference is hereby made to the allegations in Count One of the Indictment showing that the Nazi Party was the central core of the common plan or conspiracy therein set forth. The Politischen Leiter, as a major power within the Nazi Party proper, and functioning in the capacities above-described and in associationas a group, joined in the common plan or conspiracy, and accordingly share responsibility for the crimes set forth in Counts One, Two, Three and Four of the Indictment.
The prosecution expressly reserves the right to request, at any time before sentence is pronounced, that Politischer Leiter of subordinate grades or ranks or of other types or classes, to be specified by the prosecution, be excepted from further proceedings in this Case No. 1, but without prejudice to other proceedings or actions against them.
“Die Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the SS) including Die Sicherheitsdienst (commonly known as the SD)” referred to in the Indictment consists 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 were at any time integrated in it, including but not limited to, the Allgemeine SS, the Waffen SS, the SS Totenkopf Verbaende, SS Polizei Regimente and the Sicherheitsdienst des Reichsfuehrers-SS (commonly known as the SD).
The SS, originally established by Hitler in 1925 as an élite section of the SA to furnish a protective guard for the Fuehrer and Nazi Party leaders, became an independent formation of the Nazi Party in 1934 under the leadership of the Reichsfuehrer-SS, Heinrich Himmler. It was composed of voluntary members, selected in accordance with Nazi biological, racial and political theories, completely indoctrinated in Nazi ideology and pledged to uncompromising obedience to the Fuehrer. After the accession of the Nazi conspirators to power, it developed many departments, agencies, formations and branches and extended its influence and control over numerous fields of governmental and Party activity. Through Heinrich Himmler, as Reichsfuehrer-SS and Chief of the German Police, agencies and units of the SS and of the Reich were joined in operation to form a unified repressive police force. The Sicherheitsdienst des Reichsfuehrers-SS (commonly known as the SD), a department of the SS, was developed into a vast espionage and counter-intelligence system which operated in conjunction with the Gestapo and criminal police in detecting, suppressing and eliminating tendencies, groups and individuals deemed hostile or potentially hostile to the Nazi Party, its leaders, principles and objectives, and eventually wascombined with the Gestapo and criminal police in a single security police department, the Reich Main Security Office.
Other branches of the SS developed into an armed force and served in the wars of aggression referred to in Counts One and Two of the Indictment. Through other departments and branches the SS controlled the administration of concentration camps and the execution of Nazi racial, biological and resettlement policies. Through its numerous functions and activities it served as the instrument for insuring the domination of Nazi ideology and protecting and extending the Nazi regime over Germany and occupied territories. It thus participated in and is responsible for the crimes referred to in Counts One, Two, Three and Four of the Indictment.
“Die Geheime Staatspolizei (Secret State Police, commonly known as the Gestapo)” referred to in the Indictment consists of the headquarters, departments, offices, branches and all the forces and personnel of the Geheime Staatspolizei organized or existing at any time after 30 January 1933, including the Geheime Staatspolizei of Prussia and equivalent secret or political police forces of the Reich and the components thereof.
The Gestapo was created by the Nazi conspirators immediately after their accession to power, first in Prussia by the defendant GOERING and shortly thereafter in all other states in the Reich. These separate secret and political police forces were developed into a centralized, uniform organization operating through a central headquarters and through a network of regional offices in Germany and in occupied territories. Its officials and operatives were selected on the basis of unconditional acceptance of Nazi ideology, were largely drawn from members of the SS, and were trained in SS and SD schools. It acted to suppress and eliminate tendencies, groups and individuals deemed hostile or potentially hostile to the Nazi Party, its leaders, principles and objectives, and to repress resistance and potential resistance to German control in occupied territories. In performing these functions it operated free from legal control, taking any measures it deemed necessary for the accomplishment of its missions.
Through its purposes, activities and the means it used, it participated in and is responsible for the commission of the crimes set forth in Counts One, Two, Three and Four of the Indictment.
“Die Sturmabteilungen der Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the SA)” referred to in the Indictment was a formation of the Nazi Party under the immediate jurisdiction of the Fuehrer, organized on military lines, whose membership was composed of volunteers serving as political soldiers of the Party. It was one of the earliest formations of the Nazi Party and the original guardian of the National Socialist movement. Founded in 1921 as a voluntary militant formation, it was developed by the Nazi conspirators before their accession to power into a vast private army and utilized for the purpose of creating disorder, and terrorizing and eliminating political opponents. It continued to serve as an instrument for the physical, ideological and military training of Party members and as a reserve for the German armed forces. After the launching of the wars of aggression, referred to in Counts One and Two of the Indictment, the SA not only operated as an organization for military training but provided auxiliary police and security forces in occupied territories, guarded prisoner-of-war camps and concentration camps and supervised and controlled persons forced to labour in Germany and occupied territories.
Through its purposes and activities and the means it used, it participated in and is responsible for the commission of the crimes set forth in Counts One, Two, Three and Four of the Indictment.
The “General Staff and High Command of the German Armed Forces” referred to in the Indictment consist 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 des Heeres (Chief of the General Staff of the Army)Oberbefehlshaber der Luftwaffe (Commander in Chief of the Air Force)Chef des Generalstabes der Luftwaffe (Chief of the General Staff of the Air Force)Chef des Oberkommandos der Wehrmacht (Chief of the High Command of the Armed Forces)Chef des Fuehrungstabes des Oberkommandos der Wehrmacht (Chief of the Operations Staff of the High Command of the Armed Forces)Stellvertretender Chef des Fuehrungstabes des Oberkommandos der Wehrmacht (Deputy 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.
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 des Heeres (Chief of the General Staff of the Army)
Oberbefehlshaber der Luftwaffe (Commander in Chief of the Air Force)
Chef des Generalstabes der Luftwaffe (Chief of the General Staff of the Air Force)
Chef des Oberkommandos der Wehrmacht (Chief of the High Command of the Armed Forces)
Chef des Fuehrungstabes des Oberkommandos der Wehrmacht (Chief of the Operations Staff of the High Command of the Armed Forces)
Stellvertretender Chef des Fuehrungstabes des Oberkommandos der Wehrmacht (Deputy 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.
Functioning in such capacities and in association as a group at the highest level in the German Armed Forces Organization, these persons had a major responsibility for the planning, preparation, initiation and waging of illegal wars as set forth in Counts One and Two of the Indictment and for the War Crimes and Crimes against Humanity involved in the execution of the common plan or conspiracy set forth in Counts Three and Four of the Indictment.
I
CHARGE:Violation of the Convention for the Pacific Settlement of International Disputes signed at The Hague, 29 July, 1899.
PARTICULARS: In that Germany did, by force and arms, on the dates specified in Column 1, invade the territory of the sovereigns specified in Column 2, respectively, without first having attempted to settle its disputes with said sovereigns by pacific means.
II
CHARGE:Violation of the Convention for the Pacific Settlement of International Disputes signed at The Hague, 18 October 1907.
PARTICULARS: In that Germany did, on or about the dates specified in Column 1, by force of arms invade the territory of the sovereigns specified in Column 2, respectively, without having first attempted to settle its dispute with said sovereigns by pacific means.
III
CHARGE:Violation of Hague Convention III Relative to the Opening of Hostilities, signed 18 October 1907.
PARTICULARS: In that Germany did, on or about the dates specified in Column 1, commence hostilities against the countries specified in Column 2, respectively, without previous warning in the form of a reasoned declaration of war or an ultimatum with conditional declaration of war.
IV
CHARGE:Violation of Hague Convention V Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, signed 18 October 1907.
PARTICULARS: In that Germany did, on or about the dates specified in Column 1, by force and arms of its military forces, cross into, invade, and occupy the territories of the sovereignsspecified in, Column 2, respectively, then and thereby violating the neutrality of said sovereigns.
V
CHARGE:Violation of the Treaty of Peace between the Allied and Associated Powers and Germany, signed at Versailles, 28 June 1919, known as the Versailles Treaty.
PARTICULARS: (1) In that Germany did, on and after 7 March 1936, maintain and assemble armed forces and maintain and construct military fortifications in the demilitarized zone of the Rhineland in violation of the provisions of Articles 42 to 44 of the Treaty of Versailles.
(2) In that Germany did, on or about 13 March 1938, annex Austria into the German Reich in violation of the provisions of Article 80 of the Treaty of Versailles.
(3) In that Germany did, on or about 22 March 1939, incorporate the district of Memel into the German Reich in violation of the provisions of Article 99 of the Treaty of Versailles.
(4) In that Germany did, on or about 1 September 1939, incorporate the Free City of Danzig into the German Reich in violation of the provisions of Article 100 of the Treaty of Versailles.
(5) In that Germany did, on or about 16 March 1939, incorporate the provinces of Bohemia and Moravia, formerly part of Czechoslovakia, into the German Reich in violation of the provisions of Article 81 of the Treaty of Versailles.
(6) In that Germany did, at various times in March 1935 and thereafter, repudiate various parts of Part V, Military, Naval and Air Clauses of the Treaty of Versailles, by creating an air force, by use of compulsory military service, by increasing the size of the army beyond treaty limits, and by increasing the size of the navy beyond treaty limits,
VI
CHARGE:Violation of the Treaty between the United States and Germany Restoring Friendly Relations, signed at Berlin, 25 August 1921.
PARTICULARS: In that Germany did, at various times in March 1935 and thereafter, repudiate various parts of Part V, Military, Naval and Air Clauses of the Treaty Between the United States and Germany Restoring Friendly Relations by creating an air force, by use of compulsory military service, by increasing the size of the army beyond treaty limits, and by increasing the size of the navy beyond treaty limits.
VII
CHARGE:Violation of the Treaty of Mutual Guarantee between Germany, Belgium, France, Great Britain and Italy, done at Locarno, 16 October 1925.
PARTICULARS: (1) In that Germany did, on or about 7 March 1936, unlawfully send armed forces into the Rhineland demilitarized zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.
(2) In that Germany did, on or about March 1936, and thereafter, unlawfully maintain armed forces in the Rhineland demilitarized zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.
(3) In that Germany did, on or about 7 March 1936, and thereafter, unlawfully construct and maintain fortifications in the Rhineland demilitarized zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.
(4) In that Germany did, on or about 10 May 1940, unlawfully attack and invade Belgium, in violation of Article 2 of the Treaty of Mutual Guarantee.
(5) In that Germany did, on or about 10 May 1940, unlawfully attack and invade Belgium, without first having attempted to settle its dispute with Belgium by peaceful means, in violation of Article 3 of the Treaty of Mutual Guarantee.
VIII
CHARGE:Violation of the Arbitration Treaty between Germany and Czechoslovakia, done at Locarno, 16 October 1925.
PARTICULARS: In that Germany did, on or about 15 March 1939, unlawfully by duress and threats of military might force Czechoslovakia to deliver the destiny of Czechoslovakia and its inhabitants into the hands of the Fuehrer and Reichschancellor of Germany without having attempted to settle its dispute with Czechoslovakia by peaceful means.
IX
CHARGE:Violation of the Arbitration Convention between Germany and Belgium, done at Locarno, 16 October 1925.
PARTICULARS: In that Germany did, on or about 10 May 1940, unlawfully attack and invade Belgium without first having attempted to settle its dispute with Belgium by peaceful means.
X
CHARGE:Violation of the Arbitration Treaty between Germany and Poland, done at Locarno, 16 October 1925.
PARTICULARS: In that Germany did, on or about 1 September 1939, unlawfully attack and invade Poland without first having attempted to settle its dispute with Poland by peaceful means.
XI
CHARGE:Violation of Convention of Arbitration and Conciliation entered into between Germany and the Netherlands on 20 May 1926.
PARTICULARS: In that Germany, without warning and notwithstanding its solemn covenant to settle by peaceful means all disputes of any nature whatever which might arise between it and the Netherlands which were not capable of settlement by diplomacy and which had not been referred by mutual agreement to the Permanent Court of International Justice, did, on or about 10 May 1940, with a Military force, attack, invade, and occupy the Netherlands, thereby violating its neutrality and territorial integrity and destroying its sovereign independence.
XII
CHARGE:Violation of Convention of Arbitration and Conciliation entered into between Germany and Denmark on 2 June 1926.
PARTICULARS: In that Germany, without warning, and notwithstanding its solemn covenant to settle by peaceful means all disputes of any nature whatever which might arise between it and Denmark which were not capable of settlement by diplomacy and which had not been referred by mutual agreement to the Permanent Court of International Justice, did, on or about 9 April, 1940, with a Military Force, attack, invade, and occupy Denmark, thereby violating its neutrality and territorial integrity and destroying its sovereign independence.
XIII
CHARGE:Violation of Treaty between Germany and other Powers providing for Renunciation of War as an Instrument ofNational Policy, signed at Paris 27 August 1928, known as the Kellogg-Briand Pact.
PARTICULARS: In that Germany did, on or about the dates specified in Column 1, with a military force, attack the sovereigns specified in Column 2, respectively, and resort to war against such sovereigns, in violation of its solemn declaration condemning recourse to war for the solution of international controversies, its solemn renunciation of war as an instrument of national policy in its relations with such sovereigns, and its solemn covenant that settlement or solution of all disputes or conflicts of whatever nature or origin arising between it and such sovereigns should never be sought except by pacific means.
XIV
CHARGE:Violation of Treaty of Arbitration and Conciliation entered into between Germany and Luxembourg on 11 September 1929.
PARTICULARS: In that Germany, without warning, and notwithstanding its solemn covenant to settle by peaceful means all disputes which might arise between it and Luxembourg which were not capable of settlement by diplomacy, did, on or about 10 May 1940, with a military force, attack, invade, and occupy Luxembourg, thereby violating its neutrality and territorial integrity and destroying its sovereign independence.
XV
CHARGE:Violation of the Declaration of Non-Aggression entered into between Germany and Poland on 26 January 1934.
PARTICULARS: In that Germany proceeding to the application of force for the purpose of reaching a decision did, on or about 1 September 1939, at various places along the German-Polish frontier employ military forces to attack, invade and commit other acts of aggression against Poland.
XVI
CHARGE:Violation of German Assurance given on 21 May 1935 that the Inviolability and Integrity of the Federal State of Austria would be Recognized.
PARTICULARS: In that Germany did, on or about 12 March 1938, at various points and places along the German-Austrian frontier, with a military force and in violation of its solemn declaration and assurance, invade and annex to Germany the territory of the Federal State of Austria.
XVII
CHARGE:Violation of Austro-German Agreement of 11 July 1936.
PARTICULARS: In that Germany during the period from 12 February 1938 to 13 March 1938 did by duress and various aggressive acts, including the use of military force, cause the Federal State of Austria to yield up its sovereignty to the German State in violation of Germany’s agreement to recognize the full sovereignty of the Federal State of Austria.
XVIII
CHARGE:Violation of German Assurances given on 30 January 1937, 28 April 1939, 26 August 1939 and 6 October 1939 to Respect the Neutrality and Territorial Inviolability of the Netherlands.
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 its solemn assurances, invade, occupy, and attempt to subjugate the sovereign territory of the Netherlands.
XIX
CHARGE:Violation of German Assurances given on 30 January 1937, 13 October 1937, 28 April 1939, 26 August 1939 and 6 October 1939 to Respect the Neutrality and Territorial Integrity and Inviolability of Belgium.
PARTICULARS: In that Germany, without warning, did on or about 10 May 1940, with a military force and in violation of its solemn assurances and declarations, attack, invade, and occupy the sovereign territory of Belgium.
XX
CHARGE:Violation of Assurances given on 11 March 1938 and 26 September 1938 to Czechoslovakia.
PARTICULARS: In that Germany, on or about 15 March1939 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 Fuehrer 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 Assurance of Germany given on 3 September 1939, 28 April 1939 and 6 October 1939 that they would not 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.
Upon the signing of the Indictment in Berlin on 6 October 1945, Justice Jackson, on behalf of the United States, filed the following statement of reservation with the Tribunal and with the Chief Prosecutors of France, Great Britain, and Soviet Russia:
Berlin6 October 1945
Berlin6 October 1945
Berlin
6 October 1945
M. Francois de Menthon,Sir Hartley Shawcross,General R. A. Rudenko.Dear Sirs:
M. Francois 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 USSR. 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 behalfof 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,
[signed] Robert H. Jackson
ROBERT H. JACKSON
Chief of Counsel for the United States
To the Clerk or Recording Officer,International Military Tribunal:
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.
Chapter IVMOTIONS, RULINGS, AND EXPLANATORY MATERIALRELATING TO CERTAIN OF THE DEFENDANTS
Although 24 individuals were named as defendants in the Indictment signed in Berlin on 6 October 1945, only 22 remained as defendants when the trial commenced on 20 November. The number had been reduced by the suicide of Robert Ley and by the Tribunal’s severance of Gustav Krupp von Bohlen und Halbach from the proceedings. Of the 22 surviving defendants only 20 appeared in the prisoners’ dock at the opening of court. Martin Bormann, in the absence of clear evidence to the contrary, was presumed to be alive and at large. Ernst Kaltenbrunner had been hospitalized by a cranial hemorrhage, and as a consequence was unable to be present at the trial save for one period of a few days.
Defense counsel for two of the twenty men in the prisoners’ dock, Hess and Streicher, sought to have the proceedings against their clients dismissed on the grounds of their mental incapacity to stand trial. Expert medical examiners concluded that both defendants were fit to defend themselves, and the proceedings against them were resumed. One of them, Hess, who had claimed to be a victim of amnesia, created something of a sensation by confessing in open court that he had only been pretending to suffer from amnesia and that his memory was actually in good repair.
Fuller explanatory notes concerning the positions taken by the prosecution and the defense and the actions of the Tribunal in the cases of each of these six defendants, together with significant papers bearing on these matters, are printed hereinafter.
Pending the opening of the trial on 20 November 1945 the defendants were held in the prison at the Palace of Justice in Nurnberg, under the custody of the United States Army. In the evening of October 25 the guard on watch before the cell of Robert Ley noticed that the prisoner had maintained the same position for some time without moving. The guard entered the cell to find that although the prison officials had taken every known precaution, Ley had succeeded in committing suicide. Ley had ripped the hemmed edge from a towel, twisted it, soaked it in water, and fashioned it into a crude noose which he fastened to an overhead toilet flush pipe. He had then stuffed his mouth with rags, apparently torn from his own underwear. When he seated himself, strangulation was produced, and Robert Ley had succeeded in accomplishinghis exit from the court of judgment, and from the world of living men. A farewell message written by Ley, together with other statements made by him during imprisonment, may be found at the end of the last volume (StatementsXI-XIII).
The name of Gustav Krupp von Bohlen und Halbach stood thirteenth on the list of twenty-four defendants accused in the Indictment signed in Berlin on 6 October 1945. On 4 November counsel for Krupp filed a motion requesting that the Tribunal defer proceedings against the defendant until his health permitted him to stand trial, and that he should not be tried in his absence. The Tribunal on 5 November appointed a medical commission consisting of representatives of the Soviet Union, France, Great Britain, and the United States, to examine Krupp and determine whether he was fit to stand trial. On 12 November the Chief of Counsel for the United States filed an answer opposing the motion of defense counsel and proposing that Gustav Krupp should not be dismissed from the proceedings unless Alfried Krupp, the son and sole owner of the Krupp Works, were substituted as a defendant. On 14 November, before the opening of the trial itself, the Tribunal heard oral argument by the prosecution and defense, in which substantially the same views were presented as had been previously expressed in the written motions.
The Tribunal on 15 November announced its ruling postponing the proceedings against Gustav Krupp, but retaining the Indictment charges against him on the docket for later trial if his physical and mental condition should permit. The ruling stated that the question of adding another name to the Indictment would be considered later. Thereupon, on 16 November, the American Chief of Counsel filed a memorandum with the Tribunal stating as a matter of record that the United States was not committed to participate in any subsequent four-power trial. On the same day the Soviet and French Chief Prosecutors joined the United States Chief of Counsel in a motion formally designating Alfried Krupp a defendant. On the following day the Tribunal announced its ruling rejecting the motion to add the name of Alfried Krupp as a defendant.
The significant papers pertaining to these questions are set forth below.
Nurnberg, 4 November 1945