Document *D-782 *D-783 *D-784 *D-785 *D-786 *L-43 *L-51 *L-52 *L-79 L-166 *L-172 1944, regarding treatment of Al- Note of a telephone communica- Note from Operation Staff of Note, 5 July 1944, on "Terror"- (GB 29) Air Force "Organizational Study Minutes of conference on Fighter VII 239 VII VII VII VII VII VII VII VII 239 VII 240 240 241 242 788 798 800 847 911 920 Document *L-180 *L-323 *R-95 *R-102 R-118 *R-135 *TC-54-B *UK-66 UK-81 693255-47-27 Description Report by SS Brigade Commander Entry in Naval War Diary con- Army Order signed by von Brauch- Vol. Page VII 978 VII Report on activities of The Task Letter to Rosenberg enclosing se- Von Brauchitsch appeal to the VIII 70 VIII VIII VIII VIII 1106 VIII 96 127 205 410 572 582 Document Affidavit A Affidavit B Affidavit D Affidavit H Affidavit I Affidavit J Statement III Statement IV Statement V Statement IX Description Affidavit of Erwin Lahousen, 21 Affidavit of Leopold Buerkner, 22 Affidavit of Erhard Milch, 23 My Relationship to Adolf Hitler The Origin of the Directives of the VIII VIII 587 VIII 596 643 647 653 669 672 678 Chapter XVI 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 |