![]() ![]() It is sufficient to show that a defendant was a leader, an organizer, instigator, or accomplice who participated either in the formulation or in the execution of a common plan or conspiracy to commit crimes against peace. (5) Individual criminal responsibility of a defendant is imposed by the Charter not merely by reasons of direct, immediate participation in the crime. (4) An illegal war consists of either a war of aggression, or a war in violation of international treaties, agreements, or assurances (these two kinds of illegal war might not necessarily be the same it will be sufficient for the prosecution to show either that the war was aggressive irrespective of breach of international treaties, agreements or assurances, or that the war was in violation of international treaties, agreements or assurances irrespective of whether or not it was a war of aggression but the American prosecution will undertake to establish that the wars planned, prepared, initiated, and waged by the Nazi conspirators were illegal for both reasons) (3) The term "Crimes against peace" also embraces participation in a common plan or conspiracy to commit illegal war (2) The term "Crimes against peace" embraces planning, preparation, initiation, or waging of illegal war (1) The Charter imposes "individual responsibility" for acts constituting "crimes against peace" "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."įive important principles are contained in these portions of the Charter: "(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 * * *" "The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility: 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, either as individuals or as members of organizations, committed any of the following crimes. The substantive rule of law which is controlling on this part of the case is stated in Article 6 of the Charter of the International Military Tribunal, which, so far as is pertinent here, reads as follows: ![]() It was total war, the natural result of the totalitarian party-dominated state that waged it it was atrocious war, the natural result of the doctrines, designs and purposes of the Nazi conspirators. ![]() Even the aspects of the case involving "war crimes" in the strict sense are merely the inevitable, proximate result of the wars of aggression launched and waged by these conspirators, and of the kind of warfare they waged. Everything else in this case, however dramatic, however sordid, however shocking and revolting to the common instinct of civilized peoples, is incidental or subordinate to, the fact of aggressive war.Īll the dramatic story of what went on in Germany in the early phases of the conspiracy-the ideologies used, the techniques of terror used, the suppressions of human freedom employed in the seizure of power, and even the concentration camps and the crimes against humanity, the persecutions, tortures and murders committed-all these things would have had little international juridical significance except for the fact that they were the preparation for the commission of aggressions against peaceful neighboring peoples. The aggressive war phase of the case against the Nazi conspirators is, in the view of the American prosecution, the heart of the case. Chapter IX - LAUNCHING OF WARS OF AGGRESSION 1. ![]()
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