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|
But rearmament of itself is not criminal under the Charter.
(Italics ours.)
“The case against Schacht therefore depends on the
inference that Schacht did in fact know of the Nazi aggressive
plans.”¹ (Italics ours.) |
| |
17. Finally, the assertion by the prosecution that the defendants
participated in the waging of an aggressive war is not conclusive in
view of the objective facts.
The International Military Tribunal
sentenced three of the defendants namely, Doenitz, Frick, and Seyss-Inquart,
solely for the waging of wars of aggression. The reasoning in the judgment
shows that a sentence under this charge requires the highest political or
military responsibility |
| |
| |
Frick
— “* * * under the provisions of the Reich Defense Law of 4 September
1938, Frick became General Plenipotentiary for the Administration of the Reich.
He was made responsible for war administration, except the military and
economic, in the event of Hitler's proclaiming a state of defense * * *.
Performing his allotted duties, Frick devised an administrative organization in
accordance with wartime standards. According to his own statement, this was
actually put into operation after Germany decided to adopt a policy of
war.”² (Italics ours.)
Seyss-Inquart — “* * * he
assumed responsibility for governing territory which had been occupied by
aggressive wars and the administration of which was of vital importance in the
aggressive war being waged by Germany.”
Doenitz — “The
U-boat arm was the principal part of the German fleet and Doenitz was its
leader * * * the real damage to the enemy was done almost exclusively by his
submarines as the millions of tons of Allied and neutral shipping sunk will
testify. Doenitz was solely in charge of this warfare.”4 (Italics ours.) |
| |
18. The prosecution has, in this case, merely maintained that the
defendants promoted war production and thereby made a contribution to the war.
This is not sufficient.
The International Military Tribunal did not
even consider the activity of the Reich Minister for the entire German war
production as sufficient cause to pronounce a sentence [of guilt]. Speer was
acquitted of the charge of crimes against peace, since — |
__________
¹ Ibid.. pp. 308-310.
² Ibid.. p. 299.
³ Ibid., p. 328.
4 Ibid.. pp. 310-311.
363 |
. 
