[ag...] gressive wars to allow
the Tribunal to convict him on counts on or
two.”¹ |
| VON PAPEN — Indicted and found not guilty under counts one and
two. |
| |
“There is no evidence that
he was a party to the plans under which the occupation of Austria was a step in
the direction of further aggressive action, or even that he participated in
plans to occupy Austria by aggressive war if necessary. But it is not
established beyond a reasonable doubt that this was the purpose of his
activity, and therefore the Tribunal cannot hold that he was a party to the
common plan charged in count one or participated in the planning of the
aggressive wars charged under count
two.”² |
| SPEER — Indicted and found not guilty under counts one and
two. |
| |
“The Tribunal is of the
opinion that Speer's activities do not amount to initiating, planning, or
preparing wars of aggression, or of conspiring to that end. He became the head
of the armament industry well after all of the wars had been commenced and were
under way. His activities in charge of German armament production were in aid
of the war effort in the same way that other productive enterprises aid in the
waging of war; but the Tribunal is not prepared to find that such activities
involve engaging in the common plan to wage aggressive war as charged under
count one or waging aggressive war as charged under count
two.”³ |
| FRITZSCHE — Indicted and found not guilty under count one.
|
| |
“"Never did he achieve
sufficient stature to attend the planning conferences which led to aggressive
war; indeed according to his own uncontradicted testimony he never even had a
conversation with Hitler. Nor is there any showing that he was informed of the
decisions taken at these conferences. His activities cannot be said to be those
which fall within the definition of the common plan to wage aggressive war as
already set forth in this judgment * * *. It appears that Fritzsche sometimes
made strong statements of a propagandistic nature in his broadcasts. But the
Tribunal is not prepared to hold that they were intended to incite the German
people to commit atrocities on conquered peoples, and he cannot be held to have
been a participant in the crimes charged. His aim was rather to arouse popular
sentiment in support of Hitler and the German war effort.”4 |
__________ 
. 
