law at the time of their adoption. But the convention
expressly stated that it was an attempt 'to revise the general laws
and customs of war", which it thus recognized to be then
existing, but by 1939 these rules laid down in the Convention were
recognized by all civilized nations, and were regarded as being
declaratory of the laws and customs of war which are referred to in
Article 6 (b) of the Charter.
A further submission was made that Germany was no longer bound by
the rules of land warfare in many of the territories occupied during
the war, because Germany had completely subjugated those countries
and incorporated them into the German Reich, a fact which gave
Germany authority to deal with the occupied countries as though they
were part of Germany. In the view of the Tribunal it is unnecessary
in this case to decide whether this doctrine of subjugation,
dependent as it is upon military conquest, has any application where
the subjugation is the result of the crime of aggressive war. The
doctrine was never considered to be applicable so long as there was
an army in the field attempting to restore the occupied countries to
their true owners, and in this case, therefore, the doctrine could
not apply to any territories occupied after 1 September 1939. As to
the War Crimes committed in Bohemia and Moravia, it is a sufficient
answer that these territories were never added to the Reich, but a
mere protectorate was established over them.
With regard to Crimes against Humanity there is no doubt whatever
that political opponents were murdered in Germany before the war, and
that many of them were kept in concentration camps in circumstances
of great horror and cruelty. The policy of terror was certainly
carried out on a vast scale, and in many cases was organized and
systematic. The policy of persecution, repression, and murder of
civilians in Germany before the war of 1939, who were likely to be
hostile to the Government, was most ruthlessly carried out. The
persecution of .Jews during the same period is established beyond all
doubt. To constitute Crimes against Humanity, the acts relied on
before the outbreak of war must have been in execution of, or in
connection with, any crime within the jurisdiction of the Tribunal.
The Tribunal is of the opinion that revolting and horrible as many of
these crimes were, it has not been satisfactorily proved that they
were done in execution of, or in connection with, any such crime. The
Tribunal therefore cannot make a general declaration that the acts
before 1939 were Crimes against Humanity within the meaning of the
Charter, but from the beginning of the war in 1939 War Crimes were
committed on a vast scale, which were also Crimes against Humanity;
and insofar as the inhumane acts charged in the Indictment. and
committed after the beginning of the war, did not constitute War
Crimes, they were all committed in execution of, or