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20 Nov.
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civilized nations, the internal penal laws of the countries
in which such crimes were committed, and Article 6 (b) of the Charter.
IX. Individual, Group and Organization Responsibility for
the Crimes Stated in Count Three.
Reference is hereby made
to Appendix A of this Indictment for a statement of the responsibility
of the individual defendants for the charge set forth in Count Three 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
crime set forth in this part three of the Indictment.
THE
PRESIDENT: I will now call upon the Chief Prosecutor for the Soviet
Union.
LIEUTENANT COLONEL J. A. OZOL (Assistant Prosecutor for
the U.S.S.R.): COUNT THREE--WAR CRIMES.
All the defendants
committed War Crimes between 1 September 1939 and 8 May 1945 in Germany
and in all those countries and territories occupied by the German Armed
Forces since 1 September 1939, and in Austria, Czechoslovakia, Italy,
and on the High Seas.
All the defendants, acting in concert
with others, formulated and executed a Common Plan or Conspiracy to
commit War Crimes as defined in Article 6 (b) of the Charter. This plan
involved, among other things, the practice of `'total war"
including methods of combat and of military occupation in direct
conflict with the laws and customs of war, and the commission of crimes
perpetrated on the field of battle during encounters with enemy armies,
and against prisoners of war, and in occupied territories against the
civilian population of such territories.
The said War Crimes
were committed by the defendants and by other persons for whose acts the
defendants are responsible (under Article 6 of the Charter) as such
other persons when committing the said War Crimes performed their acts
in execution of a common plan and conspiracy to commit the said War
Crimes, in the formulation and execution of which plan and conspiracy
all the defendants participated as leaders, organizers, instigators, and
accomplices.
These methods and crimes constituted violations
of international conventions, of internal penal laws, and of the general
principles of criminal law as derived from the criminal law of all
civilized nations, and were involved in and part of a systematic course
of conduct.
(A) Murder and ill-treatment of civilian
populations of or in occupied territory and on the High Seas.
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