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the Gestapo, the Tribunal includes
all executive and administrative officials of Amt IV of the RSHA or concerned
with Gestapo administration in other departments of the RSHA and all local
Gestapo officials serving both inside and outside of Germany, including the
members of the frontier police, but not including the members of the border and
customs protection or the secret field police, except such members as have been
specified above. * * * In dealing with the SD the Tribunal includes Aemter III,
VI, and VII of the RSHA and all other members of the SD, including all local
representatives and agents, honorary or otherwise, whether they were
technically members of the SS or not, but not including honorary informers who
were not members of the SS, and members of the Abwehr who were transferred to
the SD.
"The Tribunal declares to be criminal within the meaning of the
Charter the group composed of those members of the Gestapo and SD holding the
positions enumerated in the preceding paragraph who became or remained members
of the organization with knowledge that it was being used for the commission of
acts declared criminal by Article 6 of the Charter, or who were personally
implicated as members of the organization in the commission of such crimes. The
basis for this finding is the participation of the organization in war crimes
and crimes against humanity connected with the war; this group declared
criminal cannot include, therefore, persons who had ceased to hold the
positions enumerated in the preceding paragraph prior to 1 September
1939." |
In order to avoid unnecessary repetition in
the individual judgments, the Tribunal here declares that where it finds a
defendant guilty under count three it will be because it has found beyond a
reasonable doubt from the entire record that he became or remained a member of
the criminal organization involved subsequent to 1 September 1939 under the
conditions declared criminal in the judgment of the International Military
Tribunal. |
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Crimes Against
Humanity |
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These defendants are charged with war crimes
and crimes against humanity. The concept of war crimes is not a new one. From
time immemorial there have existed rules, laws, and agreements which kept
opposing forces within bounds in the matter of the conduct of warfare, the
treatment of prisoners, wounded persons, civilian noncombatants, and the like.
Those who violated these rules were subject to trial and prosecution by both
the country whose subjects they were and by the country whose subjects they
maltreated. |
496 |