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Volume V · Page 1064
| your natural life at such place
of confinement as shall be determined by competent authority. HANS BOBERMIN, this Tribunal has adjudged you guilty under counts two, three, and four of the indictment filed in this case. For the crimes of which you have thus been convicted, this Tribunal sentences you to imprisonment from this date for a period of twenty years at such place of confinement as shall be determined by competent authority. |
| B. Concurring Opinion
by Judge Michael A. Musmanno |
| Oswald Pohl and his seventeen codefendants
above enumerated have been indicted under Control Council Law No. 10, enacted
by the Allied Control Council on 20 December 1945. At varying times between January 1933 and April 1945, the defendants were administrators of the concentration camps of Germany and German occupied territory, and in the execution of these duties were, with the exception of Hohberg, all members of the Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiterpartei, commonly known as the SS, which in itself was adjudicated by the International Military Tribunal to be a criminal organization, and also declared to be such by Article II of Control Council Law No. 10. The indictment, filed in Nuernberg 13 January 1947 by Brigadier General Telford Taylor, Chief of Counsel for War Crimes, acting on behalf of the United States of America, charges the defendants with maintaining and administering concentration camps in such a manner as to visit injury, disease, starvation, torture, and death on thousands and millions of inmates. The indictment also charges the defendants with participation in a program of mass murders, spoliation, and expropriation on millions of Jews, Slavs, Poles, and other peoples, both in and out of the conquered countries. The indictment is laid in four counts, which because of its length will not be quoted in full. In condensed form it provides: |
| COUNT ONE — THE COMMON DESIGN |
| The defendants, acting in concert with each
other and with others, unlawfully, wilfully, and knowingly were principals in,
accessories to, ordered, abetted, took a consenting part in, and were connected
with plans and enterprises involving the commission of war crimes and crimes
against humanity. It was a part of these plans and enterprises 1. To formulate and carry out ways and means for financing the Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiter |
