. ©MAZAL LIBRARY

NMT09-T0365
. NUERNBERG MILITARY TRIBUNAL
Volume IX · Page 365
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Table of Contents - Volume 9
The motion of the defense is not well-founded and should be denied for the following reasons:

1. The position of the defense is contrary to the judgment of the International Military Tribunal and if sustained would make that judgment meaningless.

2. The position of the defense is contrary to the basic concepts and provisions of Control Council Law No. 10, which govern the jurisdiction of and the law to be applied by this Tribunal.

The prosecution submits herewith in support of its answer a “Preliminary Memorandum Brief”¹ with respect to count one and count four, such brief being incorporated as a part of the answer. The Tribunal’s attention is also invited to an “Answer to the Defense Motion for a Finding of Not Guilty on Count One and Count Five, filed in the I.G. Farben Case”², such answer being pertinent to issues raised by the motion of the defense in this case.
 
 
 
Index³  
 
[To prosecutions answering brief to defense motion for acquittal on charges of crimes against peace.]  
 
      Page
I.   Introduction    1  
II.  Applicable Law  1  
III.  Scope of Crimes Against Peace  3 
IV.  Theory of Prosecution with Respect to Counts One and Four  4  
   a. Introduction  4 
   b. The Defendants Participated in a Common Plan or Conspiracy to Commit Crimes Against Peace  5 
  c.  The Acts of the Defendants Constitute Participation in the Preparation and Waging of Aggressive War as Defined in Control Council Law No. 10  15  
  d.   Criminal Intent  23 
     1. Definition of intent to Commit Crimes Against Peace  24 
     2. The Defendants Had a Direct Intent to Commit Crimes Against Peace  26  
     3. Knowledge of Nazi Plans   28 
V.  Facts-Summation of Evidence    35 
  a.  Description of the Krupp Concern  35 
  b.  Management and Control of the Krupp Concern   37 
    1.  The Vorstand of Fried. Krupp A.G. 37 
    2.  Relation of the Defendants to the Vorstand  39 
    3.  Division of Activity Among the Vorstand Members  39 
    4.  The Department Directors or Dezernenten   41  
__________
¹ Filed on 20 March 1948.
² See the Aggressive War sections in the I. C. Farben Case. United States vs. Carl Krauch, et al., Case 6, Volumes VII-VIII.  
³ Complete index is included here to show the extent of the prosecution’s reply. Page numbers refer to the page numbers in the original brief.
 
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