a soldier, and on the doctrine of "superior
orders", prohibited by Article 8 of the Charter as a defense.
There is nothing in mitigation. Superior orders, even to a
soldier, cannot be considered in mitigation where crimes as shocking
and extensive have been committed consciously, ruthlessly, and
without military excuse or justification.
Conclusion
The Tribunal finds Keitel guilty on all four
Counts.
KALTENBRUNNER
Kaltenbrunner is indicted under Counts One,
Three, and Four. He joined the Austrian Nazi Party and the SS in
1932. In 1935 he became leader of the SS in Austria. After the
Anschluss he was appointed Austrian State Secretary for Security and
when this position was abolished in 1941 he was made Higher SS and
Police Leader. On 30 January 1943 he was appointed Chief of the
Security Police and SD and Head of the Reich Security Head Office
(RSHA), a position which had been held by Heydrich until his
assassination in June 1942. He held the rank of
Obergruppenführer in the SS.
Crimes against Peace
As leader of the SS in Austria Kaltenbrunner was
active in the Nazi intrigue against the Schuschnigg Government. On
the night of 11 March 1938, after Göring had ordered Austrian
National Socialists to seize control of the Austrian Government, 500
Austrian SS men under Kaltenbrunner's command surrounded the Federal
Chancellery and a special detachment under the command off his
adjutant entered the Federal Chancellery while Seyss-Inquart was
negotiating with President Miklas. But there is no evidence
connecting Kaltenbrunner with plans to wage aggressive war on any
other front. The Anschluss, although it was an aggressive act, is not
charged as an aggressive war, and the evidence against Kaltenbrunner
under Count One does not, in the opinion of the Tribunal, show his
direct participation in any plan to wage such a war.
War Crimes and Crimes against
Humanity
When he became Chief of the Security Police and
SD and Head of the RSHA on 30 January 1943, Kaltenbrunner took charge
of an organization which included the main offices of the Gestapo,
the SD, and the Criminal Police. As Chief of the RSHA, Kaltenbrunner
had authority to order protective custody to and release from
concentration camps. Orders to this effect were normally sent over
his signature. Kaltenbrunner was aware of conditions in concentration