 |
| [manage…] ment of the concern. An order issued by the Vorstand,
dated 31 January 1942, provided in part as follows: |
| |
“The work of the Dezernenten
with the plants outside the Gusstahlfabrik will generally be restricted to
questions of a basic nature and decisions of considerable importance * * *. It
is the plant manager's duty to get in touch with the respective Dezernenten
when necessary, while on the other hand, the Dezernenten have to instruct the
plant manager accordingly.” |
The defendants Houdremont, Mueller, Janssen, Pfirsch, Ihn, Eberhardt,
and Korschan were all within this class at one time or another. The defendant
von Buelow achieved a status which for all practicable purposes was the same as
that of a department director.
Judge Wilkins will continue the
reading. |
| |
| |
| COUNT TWO — PLUNDER AND SPOLIATION |
| |
JUDGE WILKINS: All of the defendants except the defendants Lehmann
and Kupke are charged with war crimes and crimes against humanity under count
two of the indictment. They are accused of having exploited, as principals or
as accessories in consequence of a deliberate design and policy, territories
occupied by German armed forces in a ruthless way, far beyond the needs of the
army of occupation and in disregard of the needs of the local economy.
These acts are alleged to have taken place in France, Belgium, and the
Netherlands, Austria, Yugoslavia, Greece, and the Soviet Union; to have been
committed unlawfully, willfully, and knowingly; and to constitute violations of
the laws and customs of war, of international treaties and conventions,
including Articles 46-56 inclusive of the Hague Regulations of 1907, of the
general principles of criminal law as derived from the criminal laws of all
civilized nations, of the internal penal laws of the countries in which such
crimes were committed, and of Article II of Control Council Law No. 10.
The pertinent portions of Articles 46-56 of the Hague Regulations* are
— “Private property * * * must be respected” and " * * cannot be
confiscated" (Article 46) ; “Pillage is formally forbidden” (Article
47) ; an occupying army may make requisi- […tions] |
__________
* Annex to Hague Convention
IV, 18 October 1907 (16 Stat. 2277; Treaty Series No. 519; Malloy Treaties.
Vol. II, p. 2269). United States Army Technical Manual 27-251. Treaties
Governing Land Warfare (United States Government Printing Office. Washington,
1944). Articles 46-16. pp. 11-35.
1338 |
. 
