On September 30th and October 1st 1946, at Nuremberg the International Military Tribunal pronounced judgement upon the indicted Nazi leaders.
Twelve were found guilty and sentenced to death by hanging, seven were found guilty and sentenced to terms of imprisonment ranging from ten years to a life term. Three were acquitted and discharged. Vital extracts from the judgement and individual sentences are given below.
THE JUDGEMENT.
A common Nazi plan to prepare and wage war had existed. Certain defendants had planned and waged aggressive war against 12 nations.
War crimes had been committed by Germany on the High Seas and in every country occupied by her. The Germans had also been proved guilty of committing crimes against humanity.
The Leadership Corps of the Nazi party, or a specified group thereof, was a criminal organization within the meaning of the Charter of the Tribunal.
The S.S. [the Nazi Black Guard] was such a criminal organization. The Reich Cabinet, as such could not be declared a criminal organization.
The S.A. [Brown Shirt Storm Troops] was not a criminal organization within the meaning of the Charter.
The German General Staff and High Command was not a criminal organization within the meaning of the Charter.
The Tribunal found that the Nazi leadership was guilty on all four counts, conspiracy, crimes against peace, war crimes, and crimes against humanity.
The responsibility could not fall on Hitler alone, but on his military chiefs, his statesmen and those business men who co- operated with him. Such people could not shelter behind official positions to be freed from punishment. Similarly, members of organizations not adjudged criminal can be tried for individual acts.
The war crimes were committed on a scale “never before seen in the history of war” and in particular the persecution of the Jews was a record of consistent and systematic inhumanity on the greatest scale.
INDIVIDUAL DEFENDANTS.
Goering.
There is nothing to be said in mitigation Goering was often in deed, and almost always in words and thoughts, second only to his leader. On some specific cases there may be a conflict of evidence, but in terms of the broad outline his own admissions are more than sufficient to be conclusive proof of his guilt. His guilt is unique in its enormity.
Ribbentrop.
He assisted in trying out criminal policies, particularly involving the extermination of the Jews. There is abundant evidence; moreover that Ribbentrop was in complete sympathy with all the main tenets of the National Socialist creed. His collaboration with Hitler and his intention in the commission of crimes against peace, war crimes, and crimes against humanity were wholehearted.
Hess.
He may have had knowledge of war crimes committed in the east even if he did not participate. The Tribunal, however did not find that the evidence sufficiently connected Hass with these crimes to sustain a finding of guilt.
Schacht.
It is clear that Schacht was the central figure in Germany’s rearmament programme and that the steps which he took, particularly in the early days of the Nazi regime, were responsible for Nazi Germany’s rapid rise as a military power. On the other hand, Schacht, with his intimate knowledge of German finance was in a peculiarly good position to understand the true significance of Hitler’s rearmament, and realized that the economic policy adopted was consistent only with war.
Papen.
Under the Charter, Pepen can be held guilty only if he was a party to the fostering of aggressive war. There is no evidence that he was a party to the plans under which the Austrians were to be the victims of further aggressive action, or even that he participated in plans to occupy Austria by aggressive war itself. It is not established beyond reasonable doubt that this was the purpose of his activities, and therefore the Tribunal cannot prove that he was a party to the common plan under count 1 or that he participated in the aggressive war charged under count 2.
Keitel
For defence he relies on the fact that he was a soldier and acted under superior orders. Superior orders even given to a soldier cannot be considered in mitigation where crimes so extensive have been committed casually, ruthlessly, and without any military excuse or justification.
Jodl
He was the arch planner of the war and responsible in large measure for the conduct of operations. He was active on the planning against Greece and Yugoslavia and took part in all the conferences preceding the commandos and prisoners of war, the first draft of which was drawn up by his staff. There is little evidence that Jodl was actively connected with the slave labour programme.
The Verdicts and Sentences.
The following were found guilty and sentenced to death by hanging.
Hermann Wilhelm Goring. Guilty on all four counts, which were, 1. Common plan or conspiracy to wage aggressive war. 2. Crimes against peace. 3. War crimes. 4. Crimes against humanity.
Joachim Ribbentrop.Guilty on all counts.
Wilhelm Keitel Guilty on all counts.
Alfred Rosenberg. Guilty on counts 3 and 4.
Hans Frank Guilty on counts 3 and 4.
Wilhelm Frick Guilty on counts 2, 3, and 4.
Julius Streicher Guilty on count 4.
Fritz Streicher Guilty on counts 2, 3, and 4.
Alfred Jodl Guilty on all counts.
Arthur Seyss Inquart Guilty on counts 2, 3, and 4.
Martin Borman Guilty on counts 2, 3, and 4. (Bormann was sentenced in absentia, since he was not apprehended by the authorities, and there was a strong presumption of his death.)
The following accused were found guilty on various counts of the indictment and sentenced to terms of imprisonment.
Rudolf Hess Guilty on counts 1 and 2.LIFE
Walter Funk.Guilty on counts 2, 3, and 4. LIFE
Erich RaederGuilty on counts 1, 2, and 3.LIFE
Baldur Schirach Guilty on count 4.20 YEARS
Albert Speer. Guilty on counts 3, & 4.20 YEARS
Constantin Neurath Guilty on all counts. 15 YEARS.
Karl Doenitz. Guilty on all counts 2, and 3. 10 YEARS
Three of the accused were found not guilty on the counts of the indictment with which they were charged. They were therefore discharged.
Hjalmar Schscht Charged on counts 1, and 2. NOT Guilty
Franz von Papen Charged on counts 1 and 2.NOT Guilty
Hans FritzscheCharged on counts 1, 3, and 4. NOT Guilty
Two other defendants had been indicted
Robert Ley and Gustav Krupp von Bohlen and Halbach.
Ley committed suicide in prison on October 25th 1945.
As to Krupp, the Tribunal on November 15th 1945 decided that he could not then be tried, because of his mental and physical condition; the charges against him were retained for trial thereafter if his physical and mental condition should permit.
