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VII. CRIMES AGAINST PEACE —
COUNTS ONE AND FIVE |
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| A. INTRODUCTION |
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Count one of the indictment, which contained 85 paragraphs and nine
major subdivisions of specifications, charged that each of the defendants
"participated in the planning, preparation, initiation, and waging of wars of
aggression and invasions of other countries" (pars. 1 through 85; see sec.
I, above). All of the defendants were likewise charged in count five with
participation "in the formulation and execution of a common plan or conspiracy
to commit, or which involved the commission of, crimes against peace" (pars.
146 and 147). The prosecution urged that the same evidence was relevant
under both counts one and five and differentiated between the two counts only
insofar as they charged different degrees or types of participation in crimes
against peace. Count one, in paragraph 84, declared that the acts alleged in
count two (plunder and spoliation) and in count three (slavery and mass murder)
"are hereby incorporated in this count" on the theory that spoliation and slave
labor were engaged in as an integral part of the preparation for and waging of
aggressive wars. Most of the evidence, however, on spoliation and slave labor
was presented separately and at a later stage. The same principle of
presentation has been adopted here insofar as possible. (See secs. VIII and
IX, vol. VIII, this series.)
The Farben case was the first
Nuernberg trial following the IMT case which contained charges of crimes
against peace. The argument and evidence on these charges was most extensive
and only a small part of it is reproduced herein. The section begins with the
defense motion for a finding of not guilty on the charges of crimes against
peace, filed after the prosecution had rested its case, and with the
prosecution answer to this motion (sec. B). This argumentation sets forth the
theory of the opposing parties on the aggressive war charges as concisely as
any of the argumentation in the case, and its early presentation here should
make more understandable the numerous selections from the evidence in the
ensuing subsections.
The selections from the evidence on aggressive war
have been |
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