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Military government weekly information bulletin
Number 62 (October 1946)

Press and radio comment,   pp. 18-31 PDF (7.5 MB)


Page 31


instances some units of the SA were used for
the commission of War Crimes and Crimes
against Humanity, it cannot be said that its
members generally participated in or even
knew of the criminal acts. For these reasons
the Tribunal does not declare the SA to be a
criminal organization within the meaning of
Article 9 of the Charter.
Reich Cabinet
The Tribunal is of opinion that no decla-
ration of criminality should be made with
respect to the Reich Cabinet for two reasons:
(1) because it is not shown that after 1937 it
ever really acted as a group or organization;
Tribunal's Decisions at a Glance
Key
1
2
3
4
-   Conspiracy
-  Crimes against peace
- War crimes
- Crimes against humanity
X -   Guilty
0 - Not guilty
- No charge'
Defendant
Goering
Hess
Ribbentrop
Keitel
Kaltenbrunner
Rosenberg
Frank
Frick
Streicher
Funk
Schacht
Doenitz
Raeder
Von Schirach
Sauckel
Jodl
Von Papen
Speer
Von Neurath'
Fritzsche
Seyss-Inquart
Bormann
1 2 3 '4 Sentence
X; X- X X Death
X X   0 0 Life
X X X X Death
X X X X Death
O- X X Death
X X X X Death
O0- X X Death
O X X X Death
O --- X Death
O X X X Life
0 0   -   Acquitted
O X X - 10 years
"X X -Life
0   -   X 20 years
O 0 X X Death
X X X X Death
0 0   -   Acquitted
0 0 X X 20 years
X X X X 15 years
0-   0 0 Acquitted
O X X X Death
o - X x Death
(2) because the group of persons here
charged is so small that members could be
conveniently tried in proper cases without
resort to a declaration that the Cabinet of
which they were members was criminal.
General Staff and High Command
The Tribunal believes that no declaration
of criminality should be made with respect
to the General Staff and High Command.
The number of persons charged, while larger
than that of the Reich Cabinet, is still so
small that individual trials of these officers
would acomplish the purpose here sought
better than a declaration such as requested.
But a more compelling reason is that in the
opinion of the Tribunal the General Staff
and High Command is neither an "organ-
ization" nor a "group" within the meaning
of those terms as used in Article 9 of the
Charter....
Although the Tribunal is of the opinion
that the term "group" in Article 9 must
mean something more than this collection of
military officers, it has heard much evidence
as to the participation of these officers in
planning and waging aggressive war, and in
committing war crimes and crimes against
humanity.... This evidence is, as to many
of them, clear and convincing.... Where
the facts warrant it, these men should be
brought to trial sQ that those among them
who are guilty of these crimes should not
escape punishment.
...        ~*   *    *
The Soviet delegation of the Tribunal dis-
sented on the following points: the acquittal
of Hjalmar Schacht, Franz von Papen and
Hans Fritzsche, declaring they should have
been convicted; the sentence of Rudolf Hess
to life imprisonment, declaring he -should
have been sentenced do death; and maintain-
ed that the Reich Cabinet and General Staff
and High Command should have been declar-
ed criminal organizations.
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