applications made by the defendants for the
production of witnesses and documents raised serious problems in some
instances, on account of the unsettled state of the Country. It was
also necessary to limit the number of witnesses to be called, in
order to have an expeditious hearing, in accordance with Article 18
(c) of the Charter. The Tribunal, after examination, granted all
those applications which in its opinion were relevant to the defense
of any defendant or named group or organization, and were not
cumulative. Facilities were provided for obtaining those witnesses
and documents granted through the office of the General Secretary
established by the Tribunal.
Much of the evidence presented to the Tribunal on behalf of the
Prosecution was documentary evidence, captured by the Allied armies
in German army headquarters, Government buildings, and elsewhere.
Some of the documents were found in salt mines, buried in the ground,
hidden behind false walls and in other places thought to be secure
from discovery. The case, therefore, against the defendants rests in
a large measure on documents of their own making. the authenticity of
which has not been challenged except in one or two cases.
The Charter Provisions
The individual defendants are indicted under
Article 6 of the Charter, which is as follows:
"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:
"The following acts, or any of them, are crimes coming
within the jurisdiction of the Tribunal for which there shall be
individual responsibility:
"(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:
"(b) War Crimes: namely, violations of the laws or customs
of war. Such violations shall include, but not be limited to, murder,
ill-treatment or deportation to slave labor or for any other purpose
of civilian population of or in occupied territory, murder or
ill-treatment of prisoners of war or persons on the seas, killing of
hostages, plunder of public or private