23 Nov. 45
"All the defendants, with divers
other persons, during a period of years preceding 8th May 1945,
participated as leaders, organizers, instigators, or accomplices in
the formulation or execution of a Common Plan or Conspiracy to
commit, or which involved the commission of, Crimes against Peace, as
defined in the Charter of this Tribunal.... The Common Plan or
Conspiracy embraced the commission of Crimes against Peace, in that
the defendants planned, prepared, initiated, and waged wars of
aggression, which were also wars in violation of international
treaties, agreements,or assurances."
The statement of offense under Count Two of the Indictment is
also relevant at this point. It must be obvious that essentially
Counts One and Two interlock in this Indictment. The substance of the
offense stated under Count Two, Paragraph V of the Indictment is
this:
"All the defendants with divers
other persons, during a period of years preceding 8 May 1945,
participated in the planning, preparation, incitation, and waging of
wars of aggression which were also wars in violation of international
treaties,agreements, and assurances."
The emphasis in the statement of offense under Count One of the
Indictment is on the Common Plan or Conspiracy. The emphasis under
Count Two of the Indictment is on the substantive crimes to which the
conspiracy related and which were committed in the course of and
pursuant to that conspiracy.
I should hasten to add at this point that in the division of the
case as between the Chief Prosecutors of the four Prosecuting
Governments, primary responsibility for the presentation of evidence
supporting Count One has been placed on the American prosecutor, and
primary responsibility for the presentation of the evidence
supporting Count Two of the Indictment has been placed ton the
British prosecutor.
But as we shall show somewhat later, there will to some extent be
a cooperative effort as between the two prosecutors to present
certain phases of both counts together. In addition to the statement
of offense relating to illegal war in Paragraph III under Count One
of the Indictment, Count One also contains what amounts to a bill of
particulars of that offense. In so far as those particulars relate to
illegal war, they are contained in Paragraph IV (F) of the Indictment
which is set out in the English text on Page 7 through the top of
Page 10 under the general heading Utilization of Nazi Control for
Foreign Aggression." The allegations of this bill of particulars
have been read in open court,