| |
[ade…] quate sound system
for conveying either language to all participants and listeners. All
proceedings on the trial were reduced to writing in English and German, and an
electrical recording of all proceedings was also made.
The Tribunal was
most diligent in its efforts to allow each defendant to present his defense
completely, in accordance with the spirit and intent of Military Government
Ordinance No. 7. Counsel for each defendant was permitted to cross-examine
witnesses of the prosecution and other defense witnesses and to offer in
evidence all matters deemed of probative value. |
| |
| |
| THE JURISDICTION OF THE
TRIBUNAL |
| |
| The jurisdiction of Military Tribunal II is
determined by Law No. 10 of the Control Council for Germany. The pertinent
parts of this Law with which we are concerned provide as
follows: |
| |
| ARTICLE II |
| |
| |
"1. Each of the following acts is
recognized as a crime:
"(b) War Crimes. Atrocities or
offenses against persons or property constituting violation of the laws or
customs of war, including but not limited to, murder, ill treatment or
deportation to slave labor or for any other purpose, of civilian population
from occupied territory, murder or ill treatment of prisoners of war or persons
on the seas, killing of hostages, plunder of public or private property, wanton
destruction of cities, towns or villages, or devastation not justified by
military necessity.
"(c) Crimes Against Humanity.
Atrocities and offenses, including but not limited to murder, extermination,
enslavement, deportation, imprisonment, torture, rape, or other inhumane acts
committed against any civilian population, or persecutions on political, racial
or religious grounds whether or not in violation of the domestic laws of the
country where perpetrated.
"(d) Membership in categories of a criminal
group or organization declared criminal by the International Military Tribunal.
"2. Any person without regard to nationality or capacity in which he
acted, is deemed to have committed a crime as defined in * * * this Article, if
he was (a) a principal or (b) was an accessory to the commission
of any such crime or ordered or abetted the same or (c) took a
consenting part therein or (d) was connected with plans or enterprises
involving its commission or (e) was a member of any organization or
group connected with the commission of any such crime * * *."
|
| The indictment in this case contains four
counts and is filed pursuant to these provisions. |
960 |
. 
