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[concentra
] tion camp at Auschwitz. During negotiations with
the SS and Special Committee M3 of the Office of the Reich Minister for
Armament and War Production in 1943, Krupp participated in the giving to the SS
of lists of approximately 500 Jewish workers and in their compulsory transfer
from Berlin to the Auschwitz concentration camp for work in Krupps
contemplated production of shell fuses at Auschwitz. The defendants Mueller and
Eberhardt were notified of this action. Numerous other important Krupp projects
were planned upon the assumption and the intention that the labor of
concentration camp inmates would be available for the execution of those
projects, including a plant at Maehrisch-Schoenberg and four earlier projects
at Auschwitz. The defendant von Buelow and others frequently referred Krupp
workers to and received them back from the Dechenschule disciplinary camp in
Essen.
63. The acts and conduct of the defendants set forth in this
count were committed unlawfully, willfully, and knowingly and constitute
violations of international conventions, particularly of Articles 3-7, 14, 18,
23, 43, 46, and 52 of the Hague Regulations, 1907; and of Articles 2-4, 6,
9-15, 23, 25, 27-34, 46-48, 50, 51, 54, 56, 57, 60, 62, 63, 65-68, and 76 of
the Prisoners of War Convention (Geneva, 1929) ; of the laws and customs of
war; of the general principles of criminal law as derived from the criminal
laws of all civilized nations; of the internal penal laws of the countries in
which such crimes were committed; and Article II of Control Council Law No. 10.
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| COUNT FOUR - COMMON PLAN OR CONSPIRACY |
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64. All the defendants, with divers other persons, during a period
of years preceding 8 May 1945 participated as leaders, organizers, instigators,
and accomplices in the formulation and execution of a common plan and
conspiracy to commit, and which involved the commission of, crimes against
peace (including the acts constituting war crimes and crimes against humanity,
which were committed as an integral part of such crimes against peace) as
defined in Control Council Law No. 10, and are individually responsible for
their own acts and for all acts committed by any persons in the execution of
such common plan or conspiracy.
65. The acts and conduct of the defendants set forth in counts one,
two, and three of this indictment formed a part of said common plan or
conspiracy and all the allegations made in said counts are incorporated in this
count. |
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