. ©MAZAL LIBRARY

NMT02-T0797


. NUERNBERG MILITARY TRIBUNAL
Volume II · Page 797
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It is the sentence of this Tribunal that the defendant Erhard Milch be confined to the Rebdorf Prison for the remainder of his natural life.

B. Concurring Opinion by
Judge Michael A. Musmanno

The defendant is Erhard Milch, Field Marshal in the German Luftwaffe, Inspector General of the Luftwaffe, State Secretary in the Air Ministry, Generalluftzeugmeister, representative of the Wehrmacht on the Central Planning Board, Chief of the Jaegerstab and member of the Nazi Party. He stands indicted of war crimes and crimes against humanity as defined in Control Council Law No. 10, enacted by Allied Control Council on 20 December 1945.

The indictment contains three counts which may be briefly summarized as follows:

COUNT ONE

Erhard Milch is charged with having knowingly committed war crimes as principal and accessory in enterprises involving slave labor and having also willingly and knowingly participated in enterprises involving the use of prisoners of war in war operations contrary to international convention and the laws and customs of war.

COUNT TWO

The defendant is accused of having knowingly and willfully participated in enterprises involving fatal medical experiments upon subjects without their consent.

COUNT THREE

In the third count the defendant is charged with responsibility for slave labor and fatal medical experiments, in the same manner as indicated in the first two counts, except that here the alleged victims are declared to be German nationals and nationals of other countries.

The defendant has entered a general denial of Not Guilty to all counts. To the charges of slave labor he has answered in effect —

1. That the term slave labor is a misnomer and that all foreign workmen in Germany during the war were there of their own free will.

 
 
 
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