figure in the various programs in
which lie participated. This is a mitigating fact of which the Tribunal takes
notice.¹ |
| SCHACHT Indicted and found not guilty under counts one and
two. |
| |
It is clear that Schacht
was a central figure in Germany's rearmament program, and the steps which he
took, particularly in the early days of the Nazi regime, were responsible for
Nazi Germany's rapid rise as a military power. But rearmament of itself is not
criminal under the Charter. To be a crime against peace under article G of the
Charter, it must be shown that Schacht carried out this rearmament as part of
the Nazi plans to wage aggressive war. * * * Schacht was not involved in the
planning of any of the specific wars of aggression charged in count two. His
participation in the occupation of Austria and the Sudetenland (neither of
which are charged as aggressive wars) was on such a limited basis that it does
not amount to participation in the common plan charged in count one. He was
clearly not one of the inner circle around Hitler, which was most closely
involved with this common plan.² |
| DOENITZ Indicted under counts one and two. Found not guilty on
count one; guilty on count two. |
| |
Although Doenitz built and
trained the German U-boat arm, the evidence does not show he was privy to the
conspiracy to wage aggressive wars or that he prepared and initiated such wars.
He was a line officer performing strictly tactical duties. He was not present
at the important conferences when plans for aggressive wars were announced, and
there is no evidence he was informed about the decisions reached there * * *.
In the view of the Tribunal, the evidence shows that Doenitz was active in
waging aggressive war.³ |
| VON SCHIRACH Indicted and found not guilty under count
one. |
| |
Despite the warlike nature
of the activities of the Hitler Jugend, however, it does not appear that von
Schirach was involved in the development of Hitler's plan for territorial
expansion by means of aggressive war, or that he participated in the planning
or preparation of any of the wars of aggression.4 |
| SAUCKEL Indicted and found not guilty under counts one and
two. |
| |
"The evidence has not satisfied
the Tribunal that Sauckel was sufficiently connected with the common plan to
wage aggressive war or sufficiently involved in the planning or waging of the
ag- [...gressive] |
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