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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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