 |
its object, first to prepare, and then to wage aggressive war, and
that everything that these defendants did they did in concert with one another,
and that the end achieved, either legal or illegal, was accomplished through
their collective action.
We cannot conclude that there were two or more
separate conspiracies to accomplish the same end, one the “Nazi
conspiracy” and the other the “Krupp conspiracy.” It must be
remembered at all times that in count one, it is alleged that the defendants
participated in crimes against peace, the initiation of invasions of other
countries and wars of aggression and, in count four that they participated in a
conspiracy to commit the crimes against peace, and that the invasions and wars
referred to, and the dates of their initiation were as follows: Austria, 12
March 1938; Czechoslovakia, 1 October 1938 and 15 March 1939; Poland, 1
September 1939; Denmark and Norway, 9 April 1940; Belgium, the Netherlands, and
Luxembourg, 10 May 1940; Yugoslavia and Greece, 6 April 1941; the U.S.S.R., 22
June 1941; and the United States of America, 11 December 1941.
As the
invasions and aggressive wars listed above are those set out in paragraph three
of the first count of the indictment, the prosecution has the burden of proving
that these specific invasions and wars of aggression were the ones in
connection with which the defendants either conspired, as alleged in the fourth
count of the indictment, or in which they participated, as asserted in the
first count of the indictment. All of the allegations of count one are
“incorporated in” count four. Consequently, the above allegation as
to invasions and wars of aggression and their dates is part of count four.
For the above reasons we concluded that the prosecution failed to prove
any of the defendants guilty by the requisite degree of proof on either count
one or count four and that accordingly none of the defendants is guilty on
counts one and four.
Done at Nuernberg, Germany
11 June, 1948
|
| |
EDWARD J. DALY,
Judge Military Tribunal III |
| |
| I concur in the foregoing opinion, but my approach to some of the
questions involved in counts one and four of the indictment being somewhat
different, I will file a concurring opinion setting forth my individual
views.* |
| |
HU C. ANDERSON
Presiding Judge
Military Tribunal III
|
__________
* Presiding Judge Anderson
rendered his concurring opinion on 7 July 1948. It is reproduced immediately
following this opinion.
400 |
. 
