 |
[consent...] ing part in, were
connected with plans and enterprises involving, and were members of
organizations or groups, including Farben, which were connected with the
commission of said crimes.
“2. The invasions and wars of
aggression referred to in the preceding paragraph were as follows: Against
Austria, 12 March 1938; against Czechoslovakia, 1 October 1938 and 15 March
1939; against Poland, 1 September 1939; against the United Kingdom and France,
3 September 1939; against Denmark and Norway, 9 April 1940; against Belgium,
the Netherlands and Luxembourg, 10 May 1940; against Yugoslavia and Greece, (3
April 1941; against the U. S. S. It, 22 June 1941; and against the United
States of America, 11 December 1941.
“85. The acts and conduct set
forth in this count were committed by the defendants unlawfully, willfully, and
knowingly, and constitute violations of international laws, treaties,
agreements, and assurances, and of Article II of Control Council Law No.
10.” |
| Count five is predicated on the acts set forth in counts one, two,
and three, and charges that: |
| |
“146. All the defendants,
acting through the instrumentality of Farben and otherwise, with divers other
persons, during a period of years preceding 8 May 1945, participated as
leaders, organizers, instigators, and accomplices in the formulation and
execution of a common plan or conspiracy to commit, or which involved the
commission of crimes against peace, (including the acts constituting war crimes
and crimes against humanity, which were committed as an integral part of such
crimes against peace) as defined by Control Council Law No. 10, and are
individually responsible for their own acts and for all acts committed by any
persons in the execution of such common plan or conspiracy.
“147.
The acts and conduct of the defendants set forth in counts one, two, and three
of this indictment formed a part of said common plan or conspiracy and all of
the allegations made in said counts are incorporated in this
count.” |
At the close of the prosecution's evidence the defendants moved for
a finding of Not Guilty with respect to the charges and particulars under
counts one and five. This motion questioned the sufficiency of the evidence
with respect to each of the criminal acts charged in the challenged counts. The
Tribunal decided to withhold ruling on the motion until final judgment. This
judgment, although embracing a consideration of all the evidence for both
prosecution and defense, will effectively and automatically dispose of that
motion.
Control Council Law No. 10, as stated in its preamble, was
promulgated "In order to give effect to the terms of the Moscow Declaration of
30 October 1943 and the London Agreement of 8 August 1945, |
1097 |
. 
