TRIAL OF THE MAJOR WAR CRIMINALS
BEFORE
THE INTERNATIONAL MILITARY TRIBUNAL
N U R E M B E R G 14 NOVEMBER 1945-1 OCTOBER 1946
P U B L I S H E D A T N U R E M B E R G , G E R M A N Y 1 9 4 7
This volume is published in accordance with the direction of the International Military Tribunal by the Secretariat of the Tribunal, under the jurisdiction of the Allied Control Authority for Germany.
VOLUME I
O F F I C I A L T E X T
I N T H E
ENGLISH LANGUAGE
OFFICIAL DOCUMENTS
INTERNATIONAL MILITARY TRIBUNAL
THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS
— against —
HERMANN WILHELM GÖRING, RUDOLF HESS, JOACHIM VON RIBBENTROP, ROBERT LEY, WILHELM KEITEL, ERNST KALTENBRUNNER, ALFRED ROSENBERG, HANS FRANK, WILHELM FRICK, JULIUS STREICHER, WALTER FUNK, HJALMAR SCHACHT, GUSTAV KRUPP VON BOHLEN UND HALBACH, KARL DÖNITZ, ERICH RAEDER, BALDUR VON SCHIRACH, FRITZ SAUCKEL, ALFRED JODL, MARTIN BORMANN, FRANZ VON PAPEN, ARTHUR SEYSS-INQUART, ALBERT SPEER, CONSTANTIN VON NEURATH, and HANS FRITZSCHE, Individually and as Members of Any of the Following Groups or Organizations to which They Respectively Belonged, Namely: DIE REICHSREGIERUNG (REICH CABINET); DAS KORPS DER POLITISCHEN LEITER DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (LEADERSHIP CORPS OF THE NAZI PARTY); DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (commonly known as the “SS”) and including DER SICHERHEITSDIENST (commonly known as the “SD”); DIE GEHEIME STAATSPOLIZEI (SECRET STATE POLICE, commonly known as the “GESTAPO”); DIE STURMABTEILUNGEN DER NSDAP (commonly known as the “SA”); and the GENERAL STAFF and HIGH COMMAND of the GERMAN ARMED FORCES, all as defined in Appendix B of the Indictment,
Defendants.
P R E F A C E
Recognizing the importance of establishing for history an authentic text of the Trial of major German war criminals, the International Military Tribunal directed the publication of the Record of the Trial. The proceedings are published in English, French, Russian, and German, the four languages used throughout the hearings. The documents admitted in evidence are printed only in their original language.
The first volume contains basic, official, pre-trial documents together with the Tribunal’s judgment and sentence of the defendants. In subsequent volumes the Trial proceedings are published in full from the preliminary session of 14 November 1945 to the closing session of 1 October 1946. They are followed by an index volume. Documents admitted in evidence conclude the publication.
The proceedings of the International Military Tribunal were recorded in full by stenographic notes, and an electric sound recording of all oral proceedings was maintained.
Reviewing sections have verified in the four languages citations, statistics, and other data, and have eliminated obvious grammatical errors and verbal irrelevancies. Finally, corrected texts have been certified for publication by Colonel Ray for the United States, Mr. Mercer for the United Kingdom, Mr. Fuster for France, and Major Poltorak for the Union of Soviet Socialist Republics.
CONTENTS
=Members and alternate members of the Tribunal= 1
=Officials of the General Secretariat= 2
=Prosecution Counsel= 3
=Individual defendants and Defense Counsel= 6
=Establishment of the Tribunal= London Agreement of 8 August 1945 8 Charter of the International Military Tribunal 10 Protocol rectifying discrepancy in text of the Charter 17
=Rules of Procedure= 19
=Minutes of the opening session of the Tribunal,= =at Berlin, 18 October 1945= 24
=Indictment= Text of Indictment 27 Motion of the Prosecution for correcting discrepancies in the Indictment 93 Pleas of individual defendants 94 Letter of reservation by the United States Prosecutor in regard to wording of the Indictment 95
=Notice= Order of the Tribunal regarding notice to individual defendants 96 Order of the Tribunal regarding notice to members of groups and organizations 97 Order of the Tribunal regarding notice to Defendant Bormann 102
=Service= Certificates of compliance with orders of the Tribunal regarding notice to members of groups and organizations and to Defendant Bormann 104 Certificates of service on individual defendants 117 Certificate of service on Defendant Gustav Krupp von Bohlen and medical certificates attached thereto 118 Acknowledgment of service by Defendant Fritzsche and Defendant Raeder 123
=Motion on behalf of Defendant Gustav Krupp von= =Bohlen for postponement of the Trial as to him,= =and action taken thereon= Motion, and medical certificates attached thereto 124 Report of medical commission appointed to examine Defendant Gustav Krupp von Bohlen 127 Answer of the United States Prosecution to the motion 134 Memorandum of the British Prosecution on the motion 139 Memorandum of the French Prosecution on the motion 141 Supplemental memorandum of the French Prosecution 142 Order of the Tribunal granting postponement of proceedings against Gustav Krupp von Bohlen 143 Supplementary statement of the United States Prosecution 144 Motion of the Committee of Chief Prosecutors to amend the Indictment by adding the name of Alfried Krupp von Bohlen as a defendant 145 Order of the Tribunal rejecting the motion to amend the Indictment 146 Memorandum of the French Prosecution on the order of the Tribunal rejecting the motion to amend the Indictment 147
=Motion on behalf of Defendant Streicher for= =postponement of the Trial as to him,= =and action taken thereon= Motion on behalf of Defendant Streicher 148 Memorandum of the United States Prosecution on the motion 149 Memorandum of the British Prosecution on the motion 150 Motion of the Soviet Prosecution for a psychiatric examination of Defendant Streicher 152 Order of the Tribunal regarding a psychiatric examination of Defendant Streicher 153 Report of examination of Defendant Streicher 154
=Medical examination of Defendant Hess= Motion on behalf of Defendant Hess for an examination by a neutral expert 155 Order of the Tribunal rejecting the motion, and designating a commission to examine Defendant Hess 157 Report of commission to examine Defendant Hess 159 Report of prison psychologist 166
=Motion adopted by all Defense Counsel,= =19 November 1945= 168
=Judgment= 171
=Dissenting opinion of the Soviet Judge= 342
=Sentences= 365
MEMBERS AND ALTERNATE MEMBERS OF THE TRIBUNAL
LORD JUSTICE LAWRENCE, Member for the United Kingdom of Great Britain and Northern Ireland, President
MR. JUSTICE BIRKETT, Alternate Member
MR. FRANCIS BIDDLE, Member for the United States of America
JUDGE JOHN J. PARKER, Alternate Member
M. LE PROFESSEUR DONNEDIEU DE VABRES, Member for the French Republic
M. LE CONSEILLER R. FALCO, Alternate Member
MAJOR GENERAL I. T. NIKITCHENKO, Member for the Union of Soviet Socialist Republics
LIEUTENANT COLONEL A. F. VOLCHKOV, Alternate Member
OFFICIALS OF THE GENERAL SECRETARIAT
BRIGADIER GENERAL WM. L. MITCHELL General Secretary (from 6 November 1945 to 24 June 1946) COLONEL JOHN E. RAY General Secretary (from 24 June 1946) MR. HAROLD B. WILLEY General Secretary (to 6 November 1945) American Secretary (to 11 July 1946) MR. WALTER GILKYSON American Secretary (from 16 July 1946) MR. IAN D. McILWRAITH British Secretary MAJOR A. POLTORAK Soviet Secretary MR. A. MARTIN-HAVARD French Secretary COLONEL CHARLES W. MAYS Marshal (to 26 June 1946) LIEUTENANT COLONEL JAMES R. GIFFORD Marshal (from 26 June 1946) COLONEL LEON DOSTERT Chief of Interpreters (From the Office of (to 17 April 1946) U.S. Chief of Counsel) COMMANDER ALFRED STEER, U.S.N.R. Chief of Interpreters (From the Office of (from 18 April 1946) U.S. Chief of Counsel)
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