20 Nov. 45

(G) War Crimes and Crimes against Humanity committed in the course of executing the conspiracy for which the conspirators are responsible.

1. Beginning with the initiation of the aggressive war on 1 September 1939, and throughout its extension into wars involving almost the entire world, the Nazi conspirators carried out their Common Plan or Conspiracy to wage war in ruthless and complete disregard and violation of the laws and customs of war. In the course of executing the Common Plan or Conspiracy, there were committed the War Crimes detailed hereinafter in Count Three of this Indictment.

2. Beginning with the initiation of their plan to seize and retain total control of the German State, and thereafter throughout their utilization of that control for foreign aggression, the Nazi conspirators carried out their Common Plan or Conspiracy in ruthless and complete disregard and violation of the laws of humanity. In the course of executing the Common Plan or Conspiracy there were committed the Crimes against Humanity detailed hereinafter in Count Four of this Indictment.

3. By reason of all the foregoing, the defendants with divers other persons are guilty of a Common Plan or Conspiracy for the accomplishment of Crimes against Peace; of a conspiracy to commit Crimes against Humanity in the course of preparation for war and in the course of prosecution of war, and of a conspiracy to commit War Crimes not only against the armed forces of their enemies but also against non-belligerent civilian populations.

(H) Individual, group and organization responsibility for the offense stated in Count One.

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 One 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 offenses set forth in this Count One of the Indictment.

If the Tribunal please, that ends Count One, which is America's responsibility. Great Britain will present Count Two.

SIR DAVID MAXWELL-FYFE: If your Lordships please:

COUNT TWO-CRIMES AGAINST PEACE. Charter, Article 6 (a).

V. Statement of the Offense.

All the defendants with divers other persons, during a period of years preceding 8 May 1945, participated in the planning, prep-