The Einsatzgruppen Case - Military Tribunal II Case 9

11. Between 22 June 1941 and July 1943 all of the defendants herein committed war crimes as defined in Article 11 of Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations or groups connected with, atrocities and offenses against persons and property constituting violations of the laws or customs of war, including, but not limited to, murder and ill- treatment of prisoners of war and civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by Germany, and wanton destruction and devastation not justified by military necessity. The particulars concerning these crimes are set forth in paragraphs 6 to 9, inclusive, of count one of this indictment and are incorporated herein by reference.
12. The acts and conduct of the defendants set forth in this count were committed unlawfully, wilfully, and knowingly and constitute violations of international conventions, particularly of Articles 43 and 46 of the Regulations of the Hague Convention No. IV, 1907, the Prisoner-of-War Convention (Geneva, 1929), the laws and customs of war, the general principles of criminal

- 21 -
law as derived from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were committed, and Article 11 of Control Council Law No. 10.

- 22 -

Trials of War Criminals Before the Nurenberg Military Tribunals Under Control Council Law No. 10, Volume IV, Washington, D.C.: U.S. Government Printing Office. pp. 21 - 22

**"The Einsatzgruppen Case"**

MILITARY TRIBUNAL II

Case No. 9

Count Two - War Crimes