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plan or conspiracy to commit crimes against peace, incorporated the
allegations of counts one, two, and three by reference.
The Tribunal
dismissed the charges of plunder and spoliation against Austria and
Czechoslovakia by an interlocutory order on 22 April 1938 on the ground that
the allegations, if established, constituted neither war crimes or crimes
against humanity. However, this ruling contained the following express
reservation: |
| |
“However, we point out that
under the second paragraph of count five it is alleged that the acts and
conduct of the defentants [sic] set forth in counts one, two, and three, are,
by reference, incorporated in count five. Therefore, evidence of such acts or
conduct may, if it has probative value, be considered with respect to the
alleged conspiracy or common plan to commit crimes against
peace.” |
The Tribunal's order is reproduced at the beginning of the materials
concerning plunder and spoliation, section VIII B.
The materials in the
present subsection have been arranged as follows: contemporaneous documents
principally concerning Austria (2 below); contemporaneous documents principally
concerning Czechoslovakia (3 below); contemporaneous documents principally
concerning "New Order" planning in 1940 (4 below); testimony of defendants
Haefliger and Krauch (5 below); and affidavit of Dr. Kurt Krueger (6
below). |
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| 2. CONTEMPORANEOUS DOCUMENTS — AUSTRIA |
| |
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PARTIAL TRANSLATION OF
DOCUMENT NI-9289
PROSECUTION EXHIBIT
1069 |
|
| EXTRACTS FROM THE MINUTES OF THE MEETING OF FARBEN'S COMMERCIAL
COMMITTEE. 10 SEPTEMBER 1937, CONCERNING CHEMICAL PLANTS IN AUSTRIA
|
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| [The following defendants are shown by the minutes as being present:
Haefliger, Ilgner, Mann, Oster, Schmitz, and von Schnitzler] |
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8. Change in status of Anilinchemie A.G. —
Collaboration with DAG and Skoda-Wetzler
Herr Weber-Andrese reports
on measures to be taken in Austria, which are at present under consideration.
Their main principle is to establish closer relationship between the IG and the
Skoda-Werke Wetzler A.G. (SWW), as also between the Czech and Austrian branches
of the Dynamit A.G. vorm. Alfred Nobel and Co. (DAG) and the SWW, in order to
prevent Generaldirektor Pollack of the SWW in this way from seeking closer
connections with other chemical industries, in particular with |
1393 |
. 
