 |
to Germany does not appear. The evidence does not convince us that
Krauch was either a moving party or an important participant in the initial
enslavement of workers in foreign countries. Nevertheless, he did, and we think
knowingly, participate in the allocation of forced labor to Auschwitz and other
places where such labor was utilized within the chemical field. The evidence
does not show that he had knowledge of, or participated in, mistreatment of
workers at their points of employment. In view of what he clearly must have
known about the procurement of forced labor and the part he voluntarily played
in its distribution and allocation, his activities were such that they impel us
to hold that he was a willing participant in the crime of enslavement.
The use of prisoners of war in war operations and in work having a
direct relation to such operations was prohibited by the Geneva Convention.
Under count three the defendants are charged with violations of this
prohibition. To attempt a general statement in definition or clarification of
the term “direct relation to war operations” would be to enter a
field that the writers and students of international law have found highly
controversial. We therefore limit our observations to the particular facts
presented by this record.
On 31 October 1941, Keitel, who was then
Chief of the High Command of the Armed Forces of Germany, issued a secret order
[EC-194, Pros. Ex. 1287],
the subject of which was “Use of Prisoners of War in the War
Industry,” wherein he stated that the Fuehrer had ordered that the working
power of Russian prisoners of war should be utilized to a large extent to meet
requirements of the war industry. He listed examples of the type of work for
which these prisoners might be suitable, which included construction work for
both the Armed Forces and the Armament industry. Other important activities so
listed were armament factories, mining, railroad construction, agriculture, and
forestry. The distribution list of this order does not include Krauch or his
immediate superior, Colonel Loeb. The fact that Krauch had given favorable
consideration to the use of Russian prisoners of war in the armament industry
is disclosed by a letter of Kirschner, a subordinate of Krauch, who wrote to
General Thomas, Chief of the Office of Military Economy and Armament, on 20
October 1941, that he had discussed the matter with Krauch [EC-489, Pros. Ex. 473].
Kirschner reports that Krauch had developed an idea concerning the employment
of Russian prisoners of war and enclosed a note of Krauch's intentions with his
letter. We do not have the benefit of the contents of this note, but we are,
nevertheless, satisfied that Krauch was in accord with the use of prisoners of
war in the war industry. But that, in itself, is not sufficient to warrant a
finding of Guilty for the commission of war crimes under count three.
Keitel’s order gives no authority to the Plenipotentiary General for
Special |
1189 |
. 
