 |
international treaties,
agreements or assurances, or participation in a common plan or conspiracy for
the accomplishment of any of the foregoing.” |
This provision of the Control Council Law, like the Charter of the
International Military Tribunal, is declaratory of pre-existing international
law. It is not ex post facto legislation but reflects a further
recognition of the development of an international custom pursuant to which
aggressive war has come to be regarded as illegal. Participation in the acts
covered in the quoted law constitutes a crime. This is the plain meaning of the
London Agreement, of the Charter and the judgment of the IMT. Control Council
Law No. 10, like the Charter of the IMT, recognizes that an individual may be
held criminally responsible for the commission of crimes against peace. As a
necessary corollary no distinction is to be drawn between a private citizen and
public officials such as the political, diplomatic or military leaders of the
State. Criminal responsibility is personal and individual under this
conception.
Paragraph 2 of Article II of Control Council Law No. 10
provides: |
| |
“2. Any person without
regard to nationality or the capacity in which he acted, is deemed to have
committed a crime as defined in paragraph 1 of this Article if he was
(a) a principal or (b) was an accessory to the commission of any
such crime or ordered or abetted the same or (c) took a consenting part
therein, or (d) was connected with plans or enterprises involving its
commission or (e) was a member of any organization or group connected
with the commission of any such crime or (f) with reference to paragraph
1 (a), if he held a high political, civil or military (including General
Staff) position in Germany or in one of its Allies, co-belligerents or
satellites or held high position in the financial, industrial or economic life
in any such country.” |
| Literally construed, Control Council Law No. 10, paragraph 2
(f), which is applicable only to crimes against peace, might be held to
mean that the holders of high political, civil or military positions in
Germany, or holders of high positions in the financial or economic life of
Germany, are deemed, ipso facto, to have committed crimes against peace. The
prosecution in this case disclaims any such literal construction and recognizes
that criminal guilt does not attach automatically to all holders of high
positions. No such literal interpretation could be permitted. Paragraph 2
(f) merely requires that the fact that a person held such a high
position to be taken into consideration with all of the other evidence in
determining the extent of individual knowledge and participation in crimes
against peace. The provision does, however, serve to refute the contention that
private businessmen or industrialists are excluded from the possibility of com-
[...plicity] |
1299 |
. 
