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XV. DISSENTING OPINION OF JUDGE HEBERT
ON
THE CHARGES OF SLAVE LABOR |
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DISSENTING OPINION ON COUNT THREE
OF THE
INDICTMENT* |
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Filed
28 December 1948
Secretary General
to Military Tribunals
Nuernberg, Germany |
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This dissenting opinion is filed pursuant to reservations made at
the time of the rendition of the final judgment by Military Tribunal VI in this
case. Under count three of the indictment, all defendants are charged with
having committed war crimes and crimes against humanity as defined in Article
II of Control Council Law No. 10. It is alleged in the indictment that the
defendants participated in the enslavement and deportation to slave labor on a
gigantic scale of members of the civilian population of countries and
territories under the belligerent occupation of, or otherwise controlled by,
Germany; that the defendants participated in the enslavement of
concentration-camp inmates, including German nationals; that the defendants
participated in the use of prisoners of war in war operations and work having a
direct relation to war operations, including the manufacture and transportation
of war material and equipment; and, that the defendants participated in the
mistreatment, terrorization, torture, and murder of enslaved persons. It is
alleged that all defendants committed war crimes and crimes against humanity as
enumerated, in that they were principals in, accessories to, ordered, abetted,
took a consenting part in, were connected with plans and enterprises involving,
and were members of organizations or groups including Farben, which were
connected with the commission of said crimes. There are general allegations
that the defendants acted through the corporate instrumentality, I. G.
Farbenindustrie, A. G. in the commission of said crimes.
The Tribunal
convicted the defendants Krauch, ter Meer, Ambros, Buetefisch, and Duerrfeld
under this count principally for initiative shown in the procurement of slave
labor for the construction of Farben's buna plant at Auschwitz. The eighteen
remaining defendants were all acquitted of the charges under count three.
Included in the group of acquitted defendants were fifteen members of the
Vorstand, or principal governing corporate board of Farben. The acquitted
Vorstand members included: Schmitz, von Schnitzler, |
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* Pursuant to reservations
made by Judge Hebert at the time of the Tribunal’s decision and judgment
(section XIII, above), this dissenting opinion was filed in writing with the
Secretary General of the Tribunals on 28 December 1948. nearly 5 months after
the judgment of the Tribunal.
1307 |
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