dtufail/nuremberg-trials-corpus huggingface dataset:
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): Provoked by fear of responsibility or, at best, by insufficient knowledge of the organic nature of international justice, the references to the principle nullvm crewmen sine loge, or to the principle that "a statute cannot have retroactive power," are not applicable because of the following fundamental, decisive fact: The Charter of the Tribunal is in force and in operation and all its provisions possess absolute and binding force. Pursuant to Article 6 of the Charter , the defendants are charged with Crimes against Peace, crimes committed in violation of rules and customs of war, and Crimes against Humanity. We must state with great satisfaction that in placing on such actions the stigma of criminality the Charter of the Tribunal has reduced to rules of law those international principles and ideas which for many years have been set forth in the defense of law and justice in the field of international relations. First of all-criminal aggression. For a number of decades nations interested in strengthening the cause of peace have proclaimed and advocated the idea that aggression constitutes the gravest encroachment on the peaceful relations between nations, a most serious international crime. These hopes and demands on the part of nations found their expression in a series of acts and documents which officially recognized aggression as an international crime. On 27 August 1928 the Kellogg-Briand Pact was signed in Paris: "Persuaded"-proclaimed the agreement-"that the time has come when a frank renunciation of war as an instrument of national policy should be made. . . convinced that all changes in their relations with one another should be sought only by pacific means . . .
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): the High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another." In 1929-a year after the signing of the Paris Pact -at the Congress of the International Association of Criminal Law at Bucharest a resolution was passed which squarely raised the question of criminal responsibility for aggression. "Whereas war has been outlawed by the Paris Pact of 1928 , and acknowledging the necessity of securing international order and harmony by means of effective sanctions..." the Congress considered imperative "the establishment of an international penal judicial system" as well as of the principle of criminal responsibility of states and single individuals for acts of aggression. Thus long ago was proclaimed the principle of penal responsibility for criminal aggression, the principle which found its clear legal expression in Subparagraph (a) of Article 6 of the Charter of the International Military Tribunal Consequently, the fascist aggressors, the defendants, knew that by their predatory attacks on other countries they committed the gravest Crimes against Peace. They knew it, and they know it now, and that is the reason why they attempted and are now attempting to camouflage their criminal aggression with lies about defense. Furthermore, it has been repeatedly and authoritatively declared that violations of laws and customs of war established by international conventions must entail criminal responsibility. In this connection it is necessary to note that the gravest outrages in violation of laws and customs of war committed by the Hitlerites-murder, violence, arson, and plunder-are considered punishable criminal acts by all criminal codes throughout the world. Moreover, the international conventions signed especially for the purpose of establishing laws and rules of war stipulate criminal responsibility for violation of these laws and rules.
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): Thus Article 56 of the Hague Convention in 1907 declares: "The property of municipalities, that of institutions dedicated to religion, charity and education, the arts, and sciences, even when state property, shall be treated as private property. All seizure of, destruction, or willful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and shall be made the subject of legal proceedings." Thus, the Hague Convention not only forbids the violation of rules of war, but also stipulates that these violations "should be made the subject of legal proceedings", that is, must entail criminal responsibility. Article 29 of the 1929 Geneva Convention states with still greater precision that: "The Governments of the High Contracting Parties whose penal laws may not be adequate shall likewise take or recommend to their legislatures the necessary measures to repress in time of war all acts in contravention of the provisions of the present convention." Finally, the principle of criminal responsibility for all acts in violation of the laws and customs of war is expressed with the utmost precision in Article 3 of the provisions of the Washington Conference for the Reduction of Armaments and for the Pacific and Far Eastern Problems, which states that: "The Contracting Powers, wishing to ensure the execution of promulgated laws. . . declare that any person in the service of any power who violates one of these rules, and independently of the fact whether he is subordinated to an official personality or not, wit be considered a transgressor of the laws of war and wit be Cable to be tried by civilian or military authorities." Consequently, according to the directives of the Hague and Geneva Conventions and according to the provisions of the Washington Conference, the enforcing of criminal responsibility for the violation of the laws and customs of war is not only possible, but is actually compulsory.
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): Thus, Subparagraph (b) of Article 6 of the Charter of the International Military Tribunal, concerning War Crimes, defined with greater precision and generalized the principles and rules contained in the international conventions previously signed. The defendants knew that cynical mockery of the laws and customs of war constituted the gravest of crimes. They knew it, but they hoped that total war, by securing victory, would also secure their impunity. But victory did not arrive on the heels of the crimes. Instead came the complete and unconditional surrender of Germany, and with it came an hour of grim reckoning for all the outrages they had committed. I myself, speaking on behalf of the Soviet Union, and my honored colleagues, the chief prosecutors of the United States of America, England, and France, we all accuse the defendants of having ruled over the entire German State and war machine through a criminal conspiracy and of turning the machinery of the German State into a mechanism for the preparation and prosecution of criminal aggression, into a mechanism for the extermination of millions of innocent people. When several criminals conspire to commit a murder, every one of them plays a definite part. One works out the plan of murder, another waits in the car, and the third actually fires at the victim. But whatever may be the part played by any individual participant, they all are murderers and any court of law in any country will reject any attempts to assert that the first two should not be considered murderers, since they themselves had not fired the bullet The more complicated and hazardous the conceived crime, the more complicated and less tangible the links connecting the individual participants. When a gang of bandits commits an assault, responsibility for the raid is also shared by those members of the gang who did not actually take part in the assault.
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): But when the size of the gang attains extraordinary proportions, when the gang happens to be at the helm of the ship of state, when the gang commits numerous and very grave international crimes, then of course, the ties and mutual relations among the members of the gang become entangled to the utmost. A highly ramified mechanism is here at work. It consisted of a whole system of links and blocks, (Zellenleiter, Blockleiter, Gauleiter, Reichsleiter, et cetera) extending from ministerial chairs to the hands of the executioners. This is a consolidated and powerful mechanism, yet it is powerless to conceal the basic and decisive fact that at the core of the entire system operated a gang of conspirators who were setting in motion the whole organization which they had created. When entire regions of flourishing countryside were turned into desert areas, and the soil was drenched with the blood of those executed, it was the work of their hands, of their organization, their instigation, their leadership. And just because the masses of the German people were made to participate in these outrages, because, prior to setting packs of dogs and executioners on millions of innocent people, the defendants for years had poisoned the conscience and the mind of an entire generation of Germans by developing in them the conceit of "the chosen," the morals of cannibals, and the greed of burglars, can it be said on account of these facts that the guilt of the Hitlerite conspirators is any less great or any less grave?
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): Expressing the will of nations, the Charter of the International Military Tribunal has settled this question: "Leaders, organizers, instigators, and accomplices participating in the formulation or execution of a Common Plan or Conspiracy"-against peace, against the laws and customs of warfare, or against humanity-"to commit any of the foregoing crimes are responsible for all acts performed by any person in execution of such plan." (Article 6) For the purpose of successful execution of their criminal plans these conspirators-Goering, Hess, Rosenberg, Fritzsche, Schirach, and the other defendants-developed a fiendish theory of the superior or master race., By means of this so-called theory they had in mind to justify the claims of German fascism for the domination of other nations which were declared by their theory to be nations of inferior race. It followed from this theory that Germans, since they belonged to the "master race," have the "right" to build their own welfare on the bones of other races and nations. This theory proclaimed that German fascist usurpers are not bound by any laws or commonly accepted rules of human morality. The "master race" is permitted to do anything. No matter how revolting and shameless, cruel, and monstrous were the actions of those individuals, they were based on the idea of the superiority of this race.
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): Said Hitler: "We want to make a selection for a class of new masters who will be devoid of moral pity, a class which will realize that because of its better race it has the right to dominate others, a class that will be able to establish and maintain without hesitation its domination over the masses." (Otwalt, Ernst, Deutschland erwache!, 1932, Page 353.) This German fascist racial theory had at the same time to serve as a "scientific" basis for the preparation by the Hitlerites of an attack against democratic nations, as a justification for aggressive wars for which the Hitlerites made feverish preparation during the whole time of their domination of Germany In such manner, the function of racism was to justify the conspiracy-to fulfill the predatory aims of the German imperialistic clique. By order of the German fascist authorities, the racial doctrine was introduced into the educational plans as a most important and obligatory subject. In the hands of German fascism, the schools and universities became dangerous centers for the intellectual and moral mutilation of the people and, as such, the greatest menace to civilization. All branches of science were militarized. All aspects of art were subjected to the aims of aggression. "We approach science unbiased by knowledge and scholarly education."-declared the fascist review Politische Wissenschaft, Number 3 for 1933"The student must come to college with the demand that science be as soldierly as his own bearing and that the professor possess the qualities of a leader and the bearing of a soldier." "We want arms again!"-said Hitler-"Then indeed from the child's primer to the last newspaper, every theater and every movie house, every advertising pillar and every billboard-all must be pressed into the service of this one great mission...." (Hitler, Adolf, Mein Kampf, Munich, 1933, Page 715.) Geography became the instrument for propagating the "preeminent importance of the Germans in the world," of their "right to dominate" other peoples.
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): A feeling of racial superiority, arrogance, hatred, contempt, and cruelty toward other peoples was cultivated in the young. These are the words of a German fascist song: "If all the world lies in ruins, "What the devil do we care? "We still will go marching on "For today Germany belongs to us "And tomorrow the whole world." The German fascist ideology set loose the wildest and lowest instincts. The fascists made a principle of arbitrary actions, violence, and debasement of the people. They declared as dangerous for the "master races" the ideas of freedom, the ideas of enlightenment, and the demands of humanity. Said Hitler: "I am freeing men from the wearisome restrictions of the mind, from the dirty and degrading self-mortifications of a chimera called conscience end morality, and from the demands of a freedom and personal independence which a very few enjoy." (Rauschning, Hermann, The Voice of Destruction , New York, 1940, Page 225.) In the spirit of such principles the entire German fascist system of education was built up with a view to adapting and preparing them to a blind obedience in the execution of all predatory plans and aims put before Germany by the Hitlerite rulers. As a result of fascist propaganda and the whole system of measures cultivated by the German State, the German mind was systematically poisoned by the fumes of chauvinism and hatred of mankind. The aggressive plans of German fascism ripened more and more with every year since the Hitlerites' seizure of power until at last they led to war. This war was planned, worked out and started by the Hitlerites' Germany as Blitzkrieg and should, according to the schemes of the conspirators, have resulted in a rapid and easy victory for the gang of Hitlerite cut-throats and in their domination over all the countries in Europe. The criminal conspiracy aimed at the establishment of a predatory New Order in Europe.
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): This New Order was a regime of terror by which, in the countries seized by the Hitlerites, all democratic institutions were abolished and all civil rights of the population were abrogated, while the countries themselves were plundered and rapaciously exploited. The population of these countries, and of the Slav countries above all others-especially Russians, Ukrainians, Bielorussians, Poles, Czechs, Serbians, Slovenes, Jews-were subjected to merciless persecution and mass extermination. The conspirators failed to achieve their objective. The valiant struggle of the peoples of the democratic countries, led by a coalition of the three great powers-the Soviet Union, the United States of America, and Great Britain-resulted in the liberation of the European countries from the Hitlerite yoke. The victory of the Soviet and Allied armies wrecked the criminal plans of the fascist conspirators and liberated the peoples of Europe from the terrible threat of Hitlerite domination. We, the Prosecutors, are obliged by law and duty before the peoples of the democratic countries and all mankind to formulate and present to the International Military Tribunal evidence proving the guilt of the defendants in committing the most grievous crimes. Permit me to perform my duty, jointly with my colleagues, by presenting to the International Military Tribunal the evidence which, together with the materials already presented by the Prosecution on behalf of the United States of America, Great Britain, and France, will give a complete and exhaustive body of proof in this case. The Defendants Goering, Hess, Ribbentrop, Keitel, Raeder, Rosenberg, Kaltenbrunner, Frank, Frick, Doenitz, Fritzsche, and others are charged with the organization of a conspiracy to establish by force the domination of German imperialism and the setting up of the fascist regime in all European countries and, later, throughout the world. The core of this plan was the organization of aggressive wars and the rearrangement of the map of the whole world by use of force.
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): In execution of this plan for aggression the criminal Hitlerite Government and the German General Staff prepared and executed the seizure of Austria, Czechoslovakia, Norway, Belgium, Holland, France, Poland, Greece, and Yugoslavia. They also prepared and undertook a predatory military campaign against the Soviet Union. My colleagues of the American, British, and French Prosecution have already submitted to the Tribunal weighty and irrefutable evidence which establishes the fact of German aggression against their own countries, as well as against Belgium, Holland, Greece, and a number of the other states which had become victims of the predatory Hitlerite imperialism. May it please Your Honors, I will now produce proofs of the monstrous crimes of the defendants in the preparation and initiation of aggressive wars against freedom loving peoples. The document submitted in this case and known as "Fall Grun" contains a plan for an attack on the Czechoslovakian Republic. This directive, signed by Hitler, was distributed together with a covering note bearing the signatures of Keitel. The directive begins with "Political Prerequisites," which read precisely as follows: "My unalterable decision is that Czechoslovakia should be smashed in the immediate future by means of a single military operation. To abide the time and to create a suitable political and military situation-this is the task of political 8 Feb. febr leadership. The inevitable development of conditions within Czechoslovakia or other political events in Europe, which might never again bring about such an unexpectedly favorable situation, may force me to action even before the designated date. The proper choice and the resolute exploitation of the opportune moment are the surest guaranties of success.
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): Accordingly, all preparations should be made immediately." Turning to the exposition of the political possibilities and prerequisites regarding the initiation of the attack, Hitler cynically disclosed these prerequisites: a) A suitable military pretext and in this connection; b) a satisfactory political justification; c) a surprise action which should take the enemy, as far as possible, unawares. It was Hitler's idea that the most propitious moment, both from the military and political point of view, would be a lightning, secretly prepared, German attack under the pretext of some incident which could morally justify the use of military force, at least in the eyes of a certain portion of the public opinion of the world. The directive envisaged the actual preparation for an attack on Czechoslovakia to be executed by certain branches of the Armed Forces. Thus the Directive Grun, which bears as early a date as May 1938, clearly and definitely testifies to the fact of a carefully planned preparation for the seizure of Czechoslovakia. The Soviet Prosecution will submit documents taken from the files of the German Ministry of Foreign Affairs which reveal the criminal methods used by the Hitlerites in preparing for the seizure of Czechoslovakia. You, Your Honors, as well as the entire world, well know how methodically and ruthlessly this criminal scheme was executed by the predatory imperialism of the Hitlerites. Having set up in occupied Czechoslovakia an insufferable regime of terrorism, the Hitlerites drove into German slavery many thousands of Czechoslovak citizens, showing no mercy even to children, who were sent to industrial plants, farms, and mines. The youth of Czechoslovakia was deprived of all opportunities for education.
GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.SR.): When, in 1942, a Czech delegation appealed to Frank for permission to reopen the higher Czechoslovak educational institutions, he cynically replied, "Should the war be won by England, you will reopen your schools yourselves; should Germany win, then five-grade elementary schools will be enough for you." Everyone remembers the sanguinary reprisals of the Hitlerite hangmen committed against the Czechoslovak population. One of the numerous cases of such monstrous reprisals against the peaceful population was made public in the German newspaper Der Neue Tag of 11 June 1942. "During the search for the murderer of SS Obergruppenfuehrer Heydrich, it was incontestably proved that the inhabitants of the village of Lidice, near Kladno, were aiding and abetting the perpetrators of the crime. This has been proven in spite of the fact that the population denies any such assistance. The attitude of the population in regard to such crimes is also evidenced by other hostile acts against the Reich. There were discovered, for instance, subversive literature, stores of arms and ammunition, as well as the existence of a radio transmitter and a large quantity of rationed goods held in unlawful possession. The entire adult male population was executed by firing squads. Women were deported to concentration camps, and children were sent to proper places for their further upbringing. All buildings in this village were levelled to the ground and the name of the village was done away with." The Prosecution has at its disposal official data collected by the Czechoslovakian Government on the shocking crimes which were perpetrated by the Hitlerite invaders on the territory of Czechoslovakia. In the report of the Czechoslovakian Government, which to a large extent is devoted to the description of the regime established by the Hitlerites in Czechoslovakia during the occupation, are cited numerous cases of terrorism: shooting of hostages, mass deportations to concentration camps, murder of women and children. That is how Fall Grun worked.