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and the labor was accepted out of desire for, and the only means of,
maintaining war production.
Having accepted large-scale participation
in the program and, in many instances, having exercised initiative in obtaining
workers, Farben became inevitably connected with its operation, with all the
discriminations and human misery which the system of detaining workers in a
state of servitude entailed. The cruel and inhuman regulations of the system
had to be enforced and applied in the working of slave labor. The system
demanded it. Efforts to ameliorate the condition of the workers may properly be
considered in mitigation, but I cannot accept the view that persons in the
positions of power and influence of these defendants should have gone along
with the slave-labor program.
Those who knowingly participated in and
approved the utilization of slave labor within time Farben organization should
bear a serious responsibility as being connected with and taking a consenting
part in war crimes and crimes against humanity, as recognized in Control
Council Law No. 10.
I concur in the conviction of those defendants who
have been found guilty under count three, but the responsibility for the
utilization of slave labor and all incidental toleration of mistreatment of the
workers should go much further and should, in my opinion, lead to the
conclusion that all of the defendants in this case are guilty under count
three, with the exception of the defendants von der Heyde, Gattineau, and
Kugler, who were not members of the Vorstand. I, therefore, dissent as to this
aspect of count three, and reserve the right to file a dissenting opinion with
respect to that part of the judgment devoted to count three.
I have
signed the judgment with these reservations, and I hand a copy of this express
to the Secretary General for the record.*
PRESIDING JUDGE SHAKE: The
Tribunal is about to render its formal judgment and impose its sentences.
Before doing so, may I ask that the defendants who are convicted each arise as
his name is called, face the Tribunal, and remain standing in the dock until
the sentence has been imposed. The defendants who have been acquitted need not
arise when their names are called. |
| |
| FORMAL JUDGMENT AND SENTENCES |
| |
| United States Military Tribunal VI having heard the evidence, the
arguments of counsel, and the statements of the defendants, and having
considered the briefs submitted by the parties, now renders judgment and
imposes sentences in Case No. 6, the United States of |
__________
* The concurring opinion of
Judge Hebert on crimes against peace (counts one and five) and his dissenting
opinion on slave labor (count three) are reproduced below in the next following
sections.
1205 |
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