1. that the arguments of the prosecution on count one which brings
the charge of crimes against the peace and count four insofar as it charges
participation in a common plan and a conspiracy to commit crimes against the
peace are insufficient for a verdict of “guilty” to be passed;
2. that the defense need not reply to this argument of the prosecution;
3. that the defendants are not guilty in this respect. |
| |
| II |
| |
With this motion the defendants wish to contribute to a considerable
speeding-up of the case.
With this motion the defendants intend to meet
a request of the Court to restrict the presentation of evidence to important
questions. After the conclusion of the prosecution's evidence they think they
may say that the arguments of the prosecution will not suffice, for legal
reasons alone, in respect of the points named in the motion under I, to convict
the defendants, and that, therefore, a refutation by counterevidence is not
required. |
| |
| III |
| |
| For a more detailed argument the defense refer to the document by
Attorney Kranzbuehler submitted herewith.* Nuernberg, 11 March 1948
|
| |
Memorandum of Dr. Kranzbuehler, 11 March 1948, in Support
of the
Defense Motion for an Acquittal on the Charges of
Crimes Against
Peace |
| |
| |
1.
The prosecution accuses all the defendants:
a. Under count one.
“Of having committed crimes against peace by participating in the
preparation of invasions of other countries and in wars of aggression in
violation of international law and treaties under international law, including,
but not restricted to the planning, preparation, initiation and waging of wars
of aggression and wars in violation of international agreements and
assurances.”
b. Under count four.
“Of having
participated in the formulation or execution of a common plan or conspiracy to
commit, or which involved the commission of, crimes against peace.”
|
| |
| The alleged actions of the defendants are said to represent
violations of international law and crimes as defined in Article II of Control
Council Law No. 10. |
__________ 
. 
