. ©MAZAL LIBRARY

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. NUERNBERG MILITARY TRIBUNAL
Volume III · Page 1057
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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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