Document Description Vol. | Page 239 *D-782 239 *D-783 240 *D-784 240 *D-785 241 *D-786 242 *L-43 1944, regarding treatment of Al- VII VII VII VII VII VII VII VII VII 788 *L-51 798 *L-52 800 *!-79 847 L-166 911 *L-172 920 Document Description Vol. Page *L-180 978 *L-323 1106 *R-95 70 *R-102 96 R-118 Report by SS Brigade Commander VII VII VIII VIII VIII VIII VIII 127 *R-135 205 *TC-54-B 410 *UK-66 572 UK-81 582 693255-47--27 Document Description Vol. Page Affidavit A 587 Affidavit B 596 Affidavit D 622 Affidavit H Affidavit of Erwin Lahousen, 21 VIII VIII VIII VIII VIII VIII VIII 643 Affidavit I 647 Affidavit J 653 Statement III 669 Statement IV 672 Statement V 678 Statement IX INDIVIDUAL RESPONSIBILITY OF DEFENDANTS a The crime of conspiracy is recognized, in various forms, in nearly every legal system. The Anglo-American doctrine of conspiracy, despite technical differences, is analogous in purpose to the Soviet notion of a "criminal gang" and the French association de malfaiteurs. German law, both before and after the Nazi seizure of power, also contained a similar concept. The fundamentals of the doctrine, common to most systems of law, are reflected in Article 6 of the Charter, which declares it a crime to participate in “the formulation or execution of a common plan or conspiracy” to plan or wage aggressive war, to commit War Crimes, or to commit Crimes against Humanity. Count I of the Indictment charges the existence of such a conspiracy on the part of the defendants, acting together with divers other persons. The essence of conspiracy is the joining together of persons to pursue unlawful ends, by legal or illegal means, or to pursue lawful ends by illegal means. A conspiracy may exist even though the ends or means employed by the conspirators might have been perfectly legal if carried out by one person acting alone. The gravamen of the crime is association and acting in concert for the purpose of formulating and executing a common plan involving criminal ends or means. Participation in a common plan or conspiracy results in vicarious liability, in the sense that each member of the conspiracy is liable for the acts of every other conspirator, even though he may have actually committed no criminal acts himself. He still may be adjudged criminal for mere participation in a common plan to pursue a common criminal purpose, regardless of disparities in the functions performed by individual conspirators. Nevertheless, in order to prove the participation of a certain person in a conspiracy, his own acts must be considered. The roles played by the various members of the Nazi conspiracy are necessarily different. The following sections sketch in rough outline the parts played by each of the 22 defendants (excepting Sauckel and Speer who are discussed in Chapter X) and the former defendant and co-conspirator, Krupp von Bohlen und Halbach, in the conspiracy to commit Crimes against Peace, War Crimes against Humanity, as alleged in Count I of the Indictment. These sections are by no means exhaustive but merely indicate the general lines of a particular defendant's participation. Further and more detailed discussion of the parts played by the con |
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