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is an enactment of the Allied Control Council through which the four
victorious nations have jointly exercised supreme legislative authority in
Germany since the unconditional surrender of that nation. The provision of the
law upon which the counts are based is as follows:
“Crimes
against Peace. Initiation of invasions of other countries and wars of
aggression in violation of international laws and treaties, including but not
limited to planning, preparation, initiation or waging a war of aggression, or
a war of violation of international treaties, agreements or assurances, or
participation in a common plan or conspiracy for the accomplishment of any of
the foregoing.”
After alleging that the defendants were all
officials of Fried. Krupp, A.G. (1903-1943), and its successor, Fried. Krupp,
Essen, count one of the indictment charges that all of the defendants, with
divers other persons, including Gustav Krupp von Bohlen und Halbach, Paul
Goerens, and Fritz Mueller, during a period of years preceding 8 May 1945,
“committed crimes against peace as defined in Article H of Control Council
Law No. 10, in that they participated in the initiation of invasions of other
countries and wars of aggression in violation of international laws and
treaties, including but not limited to planning, preparation, initiation, and
waging wars of aggression and wars in violation of international treaties,
agreements, and assurances.”
Paragraph 3 of count one is in the
following language: |
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“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.”
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In some 25 paragraphs following there is a detailed description of
the origin, background, and development of the activities of the Krupp
enterprise relied upon to support the criminal charge against the defendants.
Count four is in the following language: |
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“All of 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 |
402 |
. 
