 |
“Farben marched with the
Wehrmacht and played a major role in Germany's program for acquisition by
conquest. It used its expert technical knowledge and resources to plunder and
exploit the chemical and related industries of Europe, to enrich itself from
unlawful acquisitions, to strengthen the German war machine and to assure the
subjugation of the conquered countries to the German economy. To that end, it
conceived, initiated, and prepared detailed plans for the acquisition by it,
with the aid of German military force, of the chemical industries of Austria,
Czechoslovakia, Poland, Norway, France, Russia, and other countries.”
|
The particulars of the alleged acts of plunder and spoliation are
enumerated in subparagraphs A through F of count two, and need not be repeated
here.
The offenses alleged in count two are charged, not only as war
crimes, but also as crimes against humanity. By a ruling entered on 22 April
1948, the Tribunal sustained a motion filed by the defense challenging the
legal sufficiency of count two, subparagraphs A and B, of the indictment (pars.
90 to 96 inclusive), as applied to the charges of plunder and spoliation of
properties located in Austria and in the Sudetenland of Czechoslovakia. The
Tribunal ruled that the particulars referred to, even if fully established by
the proof, would not constitute crimes against humanity, as the acts alleged
related wholly to offenses against property. The immediate ruling of the
Tribunal was limited to the Skoda-Wetzler and Aussig-Falkenau acquisitions then
under consideration, but the reasoning upon which this portion of the ruling
was based is equally applicable to count two of the indictment in its entirety
insofar as crimes against humanity are charged.
The Control Council Law
recognizes crimes against humanity as constituting criminal acts under the
following definition: |
| |
“(c) Crimes against
Humanity. Atrocities and offences, including but not limited to murder,
extermination, enslavement, deportation, imprisonment, torture, rape, or other
inhumane acts committed against any civilian population, or persecutions on
political, racial or religious grounds whether or not in violation of the
domestic laws of the country where perpetrated.” |
| We adopt the interpretation expressed by Military Tribunal IV in its
Judgment in the case of the United States of America vs. Friedrich
Flick, et al., concerning the scope and application of the quoted
provision in relation to offenses against property. That Tribunal
said: |
| |
“* * * The ‘atrocities
and offenses’ listed therein, ‘murder, extermination,’ et
cetera, are all offenses against the person. Property is not mentioned. Under
the doctrine of ejusdem generis the |
213755—53—72
1129 |
. 
