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| VII. SPOLIATION — COUNT TWO |
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| A. Introduction |
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Count two of the indictment is entitled “Plunder and
Spoliation.” The specifications of this count are contained in paragraphs
33 through 45 (pp. 23-29). All the twelve defendants except the defendants
Lehmann and Kupke were charged with war crimes and crimes against humanity by
criminal participation “in the plunder of public and private property,
exploitation, spoliation, devastation, and other offenses against property and
the civilian economies of the countries and territories which came under the
belligerent occupation of Germany in the course of its invasions and
wars.”
The Tribunal found six of the defendants guilty under this
count of the indictment (Alfried Krupp, Eberhardt, Houdremont, Janssen, Loeser,
and Mueller) and acquitted four defendants (von Buelow, Ihn, Korschan, and
Pfirsch). In its judgment the Tribunal based its findings of guilt upon
discussions of specific acts of spoliation which included the following cases:
“the Austin plant at Liancourt, France”; “the ELMAG plant
located at Muhlhouse”; “machines taken from ALSTHOM Factory” in
Belfort, France; “machines taken from other French plants”; and
“machines and materials removed from Holland.” (The judgment is
reproduced on pp. 1327-1449.)
The judgment stated that “with
respect to the acquisition of the Berndorf plant in Austria by the Krupp firm
we are of the opinion that we do not have jurisdiction to which conclusion
Judge Wilkins dissents.” Judge Wilkins also dissented “to the failure
of the Tribunal to find that acts of spoliation were committed by these six
defendants in three other instances, namely, (1) the confiscation of the
Montbelleux mining property in France, (2) the illegal acquisition of the
CHROMASSEO mining properties in Yugoslavia, and (3) the participation by the
Krupp firm in the spoliation of the occupied Soviet territories.” (Judge
Wilkins’ dissent on spoliation is reproduced on pp. 1455-1484.)
In
view of the extensive evidence concerning alleged spoliation in seven different
countries, the materials reproduced herein have been restricted to selections
from the evidence submitted by the prosecution and the defense concerning only
four of the specific cases: the Berndorf case in Austria; and the Austin,
ELMAG, and ALSTHOM cases in France. (The evidence reproduced in the volumes of
this series dealing with the Flick |
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