of criminal 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 6 (b) of the Charter.
IX Individual, group and organization
responsibility for the offense stated in Count Three
Reference is hereby made to Appendix A of this
Indictment for a statement of the responsibility of the individual
defendants for the offense set forth in this Count Three of the
indictment. Reference is hereby made to Appendix B of this Indictment
for a statement of the responsibility of the groups and organizations
named herein as criminal groups and organizations for the offense set
forth in this Count Three of the Indictment.
COUNT FOUR -- CRIMES AGAINST HUMANITY
(Charter, Article 6, especially 6 (c)
X.
X. Statement of the Offense
All the defendants committed Crimes against
Humanity during a period of years preceding 6 May 1945 in Germany and
in all those countries and territories occupied by the German armed
forces since I September 1939 and in Austria and Czechoslovakia and
in Italy and on the High Seas. All the defendants, acting in concert
with others, formulated and executed a common plan or conspiracy to
commit Crimes against humanity as defined in Article 6 (c) of the
Charter. This plan involved, among other things, the murder and
persecution of all who were or who were suspected of being hostile to
the Nazi Party and all who were or who were suspected of being
opposed to the common plan alleged in Count One.
The said Crimes against Humanity were committed by the defendants
and by other persons for whose acts the defendants are responsible
(under Article 6 of the Charter) as such other persons, when
comrnitting the said War Crimes, performed their acts in execution of
a common plan and conspiracy to commit the said War Crimes, in the
formulation and execution of which plan and conspiracy all the
defendants participated as leaders, organizers, instigators, and
accomplices.
These methods and crimes constituted violations of international
criminal law as derived from the criminal law of all civilized
nations and were involved in and part of a systematic course of
conduct. The said acts were contrary to Article 6 of the Charter.
The Prosecution will rely upon the facts pleaded under Count
Three as also constituting Crimes against Humanity.