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tried materially according to the same
regulations which would have been applied to them by the courts martial in the
occupied territories" and that accordingly, "the rules of procedure had been
curtailed to the utmost extent."
The enforcement of the directives
under the Hitler NN plan or scheme became a means of instrumentality by which
the most complete control and coercion of a lot of the people of occupied
territories were affected and under which thousands of the civilian population
of occupied areas were imprisoned, terrorized, and murdered. The enforcement
and administration of the NN directives resulted in the commission of war
crimes and crimes against humanity in violation of the international law of war
and international common law relating to recognized human rights, and of
article II, paragraphs 1(b) and (c) of Control Council Law No.
10.
During the war, in addition to deporting millions of inhabitants of
occupied territories for slave labor and other purposes, Hitler's Night and Fog
program was instituted for the deportation to Germany of many thousands of
inhabitants of occupied territories for the purpose of making them disappear
without trace and so that their subsequent fate remain secret. This practice
created an atmosphere of constant fear and anxiety among their relatives,
friends, and the population of the occupied territories.
The report of
the Paris Conference of 1919, referred to above, listed 32 crimes as
constituting "the most striking list of crimes as has ever been drawn up, to
the eternal shame of those who committed them." This list of crimes was
considered and recognized by the Versailles Treaty and was later recognized as
international law in the manner hereinabove indicated. Among the crimes so
listed was the "deportation of civilians" from enemy occupied territories.
Control Council Law No. 10 in illustrating acts constituting violations
of laws or customs of war, recognizes as war crimes the "deportation to slave
labour or for any other purpose of civilian population from occupied
territory." (Art. II, 1(b).) C. C. Law 10 [Article II] paragraph 1
(c) also recognizes as crimes against humanity the "enslavement,
deportation, imprisonment * * * against any civilian population."
The
IMT held that the deportation of inhabitants from occupied territories for the
purpose of "efficient and enduring intimidation" constituted a violation of the
laws and customs of war. The deportation for the purpose of "efficient and
enduring intimidation" is likewise condemned by C. C. Law 10, under the
provision inhibiting "deportation * * * for any other purpose, of civilian
population from occupied territory." |
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