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The members hereof were appointed by the President of the United
States by his Executive Orders No. 9868, dated 24 June 1911 and No. 9882, dated
7 August 1947, respectively, and were designated as Tribunal VI and organized
as such by Headquarters EUCOM, General Order No. 87 dated 9 August 1947 and
effective 8 August 1941. On 12 August 1947 this case was assigned to the
Tribunal for trial by the Supervisory Committee of Presiding Judges of the
United States Military Tribunals in Germany, in conformity with Article V of
said Ordinance No. 7, as amended 17 February 1947.
Jurisdiction
The Tribunal derives its basic authority from Control Council Law
No. 10, promulgated by the responsible representatives of the occupation forces
of the United States, Great Britain, France, and the Soviet Union in Germany on
20 December 1945. The purpose of said law was declared to be to establish a
uniform legal basis for the prosecution of war criminals and other similar
offenders, and to give effect to the Moscow Declaration of 30 October 1943, the
London Agreement of 8 August 1945, and the Charter of the International
Military Tribunal (hereinafter referred to as IMT) issued pursuant
thereto.
The Indictment
This proceeding was begun by the
filing of an indictment in the Office of the Secretary General by the duly
appointed Chief of Counsel for War Crimes on 3 May 1947.
The indictment
consists of five counts. It purports to be drawn under the provisions of
Article II of Control Council Law No. 10. Count one charges the defendants with
the commission of crimes against peace through the planning, preparation,
initiation, and waging of wars of aggression and invasions of other countries.
Count two charges that the defendants committed war crimes and crimes against
humanity through participation in the plunder of public and private property in
countries and territories which came under the belligerent occupation of
Germany. Count three charges the commission of war crimes and crimes against
humanity through participation in enslavement and forced labor of the civilian
population of countries and territories occupied or controlled by Germany, the
enslavement of concentration-camp inmates within Germany and the use of
prisoners of war in operations and illegal labor. It also charges the
mistreatment, terrorization, torture, and murder of enslaved persons. Count
four charges the defendants Schneider, Buetefisch, and von der Heyde with
membership in a criminal organization. Count five charges the participation by
the defendants in a conspiracy to commit crimes against peace. The counts will
be further set forth |
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