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239

*D-782

239

*D-783

240

*D-784

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*D-785

241

*D-786

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*L-43

1944, regarding treatment of Al-
lied “Terrorist”-flyers. (GB 314).. VII
Note from German Foreign Office,
Salzburg, 25 June 1944, to OKW.
(GB 315)..

VII
Note of a telephone communica-
tion, 26 June 1944, with regard to
treatment of "Terrorist'-aviators.
(GB 316)....

VII
Note from Operation Staff of
OKW signed Warlimont, 30 June
1944, concerning treatment of Al-
lied “Terrorist”-flyers. (GB 317).. VII
Note from OKW to Supreme Com-
mander of "Luftwaffe", 4 July
1944, concerning “Terror"-flyers.
(GB 318)..

VII
Note, 5 July 1944, on “Terror''.
flyers. (GB 319)...

VII
Air Force “Organizational Study
1950", 2 May 1938. (GB 29)
(See Chart No. 10.).

VII
Affidavit of Adolf Zutter, 2 Au-
gust 1945. (USA 521).

VII
Memorandum and Directives for
conduct of war in the West, 9 Oc-
tober 1939. (USA 540).

VII
Minutes of conference, 23 May
1939, "Indoctrination on the polit-
ical situation and future aims".
(USA 27)....

VII
Minutes of conference on Fighter
Aircraft with Reichsmarshal on
15 and 16 May 1944...

VII
"The Strategic Position at the Be-
ginning of the 5th Year of War", a
lecture delivered by Jodl on 7 No-
vember 1943 at Munich to Reich
and Gauleiters. (USA 34)..

VII

788

*L-51

798

*L-52

800

*1-79

847

L-166

911

*L-172

920

Document

Description

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*L-180

978

*L-323

1106

*R-95

70

*R-102

96

R-118

Report by SS Brigade Commander
Stahlecker to Himmler, "Action
Group A", 15 October 1941. (USA
276)..

VII
Entry in Naval War Diary con-
cerning operation "Weseruebung”.
(USA 541)...

VII
Army Order signed by von Brauch-
itsch, 30 March 1941, concerning
deployment instructions for "Ac-
tion 25" and supplementary in-
struction for action "Marita".
(GB 127)....

VIII
Report on activities of The Task
Forces of SIPO and SD in USSR,
1-31 October 1941, (USA 470).... VIII
Drafts of letters and memoranda
of General Staff of Armed Forces
concerning treatment of enemy
fliers..

VIII
Letter to Rosenberg enclosing se-
cret reports from Kube on German
atrocities in the East, 18 June
1943, found in Himmler's personal
files. (USA 289)..

VIII
Von Brauchitsch appeal to the
people of Danzig, from Docu-
ments of German Politics, Part
VII, p. 596. (GB 73)...

VIII
Report of British War Crimes Sec-
tion of Allied Force Headquarters
on German reprisals for partisan
activity in Italy. (GB 274)....... VIII
Letters of 26 November and 28
October 1941, with enclosed orders
on protection of troops against
Partisans and Sabotage and con-
duct of troops in Eastern Terri-
tories.....

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
January 1946, substantially the
same as his testimony on direct
examination before the Interna-
tional Military Tribunal at Nurn-
berg 30 November and 1 Decem-
ber 1945....

VIII
Affidavit of Otto Ohlendorf, 20
November 1945, substantially the
same as his testimony on direct
examination before the Interna-
tional Military Tribunal at Nurn-
berg 3 January 1946.....

VIII
Affidavit of Walter Schellenberg,
23 January 1946, substantially the
same as his testimony on direct
examination before the Interna-
tional Military Tribunal at Nurn-
berg 4 January 1946.....

VIII
Affidavit of Franz Halder, 22 No-
vember 1945...

VIII
Affidavit of Leopold Buerkner, 22
January 1946......

VIII
Affidavit of Erhard Milch, 23
January 1946....

VIII
The Origin of the Directives of the
Supreme Commander of the
Armed Forces, by Wilhelm Keitel,
Nurnberg, 15 September 1945.. ...VIII
The Position and Powers of the
Chief of the OKW, by Wilhelm
Keitel, Nurnberg, 9 October 1945. VIII
Notes Concerning Actions of Ger-
man Armed Forces During the
War and in Occupied Territory, by
Wilhelm Keitel, Nurnberg, 19 Oc-
tober 1945....

VIII
My Relationship to Adolf Hitler
and to the Party, by Erich Raeder,

643

Affidavit I

647

Affidavit J

653

Statement III

669

Statement IV

672

Statement V

67

678

Statement IX

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INDIVIDUAL RESPONSIBILITY OF DEFENDANTS

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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