. NMT03-T1199
Volume III · Page 1199
| enterprise was that of only one of the conspirators. Upon this point we quote from the judgment of the International Tribunal — |
"The argument that such common planning cannot exist where there is complete dictatorship is unsound. A plan in the execution of which a number of persons participate is still a plan, even though conceived by only one of them; and those who execute the plan do not avoid responsibility by showing that they acted under the direction of the man who conceived it." ¹ |
| This holding answers the further contention that one connected with execution of such a plan of Hitler could not be guilty of conspiracy, or punishable for helping carry out the plan or scheme as a co-conspirator. It is undoubtedly true that not all of the defendants had any part in the formulation of the plan, scheme, or conspiracy of the Nazi regime's Ministry of Justice to carry out the NN decree, but they did know of its illegality and inhumane purpose and helped to carry it out. The facts show beyond a reasonable doubt that they did knowingly aid, abet, and become connected with the plan, scheme, or conspiracy in aid of waging the war and committed those war crimes [and crimes] against humanity as charged in the indictment. A more perfect plan or scheme to show a conspiracy to commit crimes could hardly be written than was the agreement entered into by the OKW, Ministry of Justice, and the Gestapo to execute and carry out the Hitler Night and Fog decree. All the defendants who took a part in the execution and carrying out of the NN Decree knew of its illegality and of its cruel and inhumane purposes. |
| [Signed] MALLORY B. BLAIR
Judge of Military Tribunal III |
| SENTENCES ² |
| THE MARSHAL: The Tribunal is again in
session. PRESIDING JUDGE BRAND: The Tribunal is informed that the defendant Schlegelberger is in a condition of illness rendering it impossible for his attendance and that his counsel desires that sentence be pronounced in his absence; in other words, that he waive the presence of the defendant Schlegelberger at the time of sentence. Is our understanding correct, Dr. Kuhuschok? DR. KUBUSCHOK: Yes, Your Honor. |
¹ Trial of the Major War Criminals, op. cit., volume I, page 226.
² Session of the Tribunal on 4 December 1947, Transcript pages 10934-10936.
