Читать книгу The Nuremberg Trials (Vol. 1-14) - International Military Tribunal - Страница 216

Functioning in such capacities and in association as a group at the highest level in the German Armed Forces organization, these persons had a major responsibility for the planning, preparation, initiation, and waging of illegal war as set forth in Counts One and Two of the Indictment and for the War Crimes and Crimes against Humanity involved in the execution of the Common Plan or Conspiracy set forth in Counts Three and Four of the Indictment.

SIR DAVID MAXWELL-FYFE (Continuing the reading of the Indictment):

APPENDIX C—CHARGES AND PARTICULARS OF VIOLATIONS OF INTERNATIONAL TREATIES, AGREEMENTS, AND ASSURANCES CAUSED BY THE DEFENDANTS IN THE COURSE OF PLANNING, PREPARING AND INITIATING THE WARS.

I. Charge:

Violation of the Convention for the Pacific Settlement of International Disputes signed at The Hague, 29 July 1899.

Particulars: In that Germany did, by force and arms, on the dates specified in Column 1, invade the territory of the Sovereigns specified in Column 2, respectively, without first having attempted to settle its disputes with the said Sovereigns by pacific means.

	(Column 1)	(Column 2)
6	April 1941	Kingdom of Greece
6	April 1941	Kingdom of Yugoslavia

II. Charge:

Violation of the Convention for the Pacific Settlement of International Disputes signed at The Hague, 18 October 1907.

Particulars: In that Germany did, on or about the dates specified in Column 1, by force of arms invade the territory of the Sovereigns specified in Column 2, respectively, without having first attempted to settle its disputes with the said Sovereigns by pacific means.

	(Column 1)	(Column 2)
1	September 1939	Republic of Poland
9	April 1940	Kingdom of Norway
9	April 1940	Kingdom of Denmark
10	May 1940	Grand-Duchy of Luxembourg
10	May 1940	Kingdom of Belgium
10	May 1940	Kingdom of the Netherlands
22	June 1941	Union of Soviet Socialist Republics

III. Charge:

Violation of Hague Convention III, Relative to the Opening of Hostilities, signed 18 October 1907.

Particulars: In that Germany did, on or about the dates specified in Column 1, commence hostilities against the countries specified in Column 2, respectively, without previous warning in the form of a reasoned declaration of war or an ultimatum with conditional declaration of war.

	(Column 1)	(Column 2)
1	September 1939	Republic of Poland
9	April 1940	Kingdom of Norway
9	April 1940	Kingdom of Denmark
10	May 1940	Kingdom of Belgium
10	May 1940	Kingdom of the Netherlands
10	May 1940	Grand-Duchy of Luxembourg
22	June 1941	Union of Soviet Socialist Republics

IV. Charge:

Violation of Hague Convention V, Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, signed 18 October 1907.

Particulars:

In that Germany did, on or about the dates specified in Column 1, by force and arms of its military forces, cross into, invade, and occupy the territories of the Sovereigns specified in Column 2, respectively, then and thereby violating the neutrality of said Sovereigns.

	(Column 1)	(Column 2)
9	April 1940	Kingdom of Norway
9	April 1940	Kingdom of Denmark
10	May 1940	Grand-Duchy of Luxembourg
10	May 1940	Kingdom of Belgium
10	May 1940	Kingdom of the Netherlands
22	June 1941	Union of Soviet Socialist Republics

V. Charge:

Violation of the Treaty of Peace between the Allied and Associated Powers and Germany, signed at Versailles, 28 June 1919, known as the Versailles Treaty.

Particulars:

(1) In that Germany did, on and after 7 March 1936, maintain and assemble armed forces and maintain and construct military fortifications in the demilitarized zone of the Rhineland in violation of the provisions of Articles 42 to 44 of the Treaty of Versailles.

(2) In that Germany did, on or about 13 March 1938, annex Austria into the German Reich in violation of the provisions of Article 80 of the Treaty of Versailles.

(3) In that Germany did, on or about 22 March 1939, incorporate the District of Memel into the German Reich in violation of the provisions of Article 99 of the Treaty of Versailles.

(4) In that Germany did, on or about 1 September 1939, incorporate the Free City of Danzig into the German Reich in violation of the provisions of Article 100 of the Treaty of Versailles.

(5) In that Germany did, on or about 16 March 1939, incorporate the provinces of Bohemia and Moravia, formerly part of Czechoslovakia, into the German Reich in violation of the provisions of Article 81 of the Treaty of Versailles.

(6) In that Germany did, at various times in March 1935 and thereafter, repudiate various parts of Part V, Military, Naval, and Air Clauses of the Treaty of Versailles, by creating an air force, by use of compulsory military service, by increasing the size of the army beyond treaty limits, and by increasing the size of the navy beyond treaty limits.

VI. Charge:

Violation of the Treaty between the United States and Germany Restoring Friendly Relations, signed at Berlin, 25 August 1921.

Particulars:

In that Germany did, at various times in March 1935 and thereafter, repudiate various parts of Part V, Military, Naval, and Air Clauses of the Treaty between the United States and Germany Restoring Friendly Relations by creating an air force, by use of compulsory military service, by increasing the size of the army beyond treaty limits, and by increasing the size of the navy beyond treaty limits.

VII. Charge:

Violation of the Treaty of Mutual Guarantee between Germany, Belgium, France, Great Britain and Italy, done at Locarno, 16 October 1925.

Particulars:

(1) In that Germany did, on or about 7 March 1936, unlawfully send armed forces into the Rhineland demilitarized zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.

(2) In that Germany did, in or about March 1936, and thereafter, unlawfully maintain armed forces in the Rhineland demilitarized zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.

(3) In that Germany did, on or about 7 March 1936, and thereafter, unlawfully construct and maintain fortifications in the Rhineland demilitarized zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.

(4) In that Germany did, on or about 10 May 1940, unlawfully attack and invade Belgium, in violation of Article 2 of the Treaty of Mutual Guarantee.

(5) In that Germany did, on or about 10 May 1940, unlawfully attack and invade Belgium, without first having attempted to settle its dispute with Belgium by peaceful means, in violation of Article 3 of the Treaty of Mutual Guarantee.

VIII. Charge:

Violation of the Arbitration Treaty between Germany and Czechoslovakia, done at Locarno, 16 October 1925.

Particulars:

In that Germany did, on or about 15 March 1939, unlawfully by duress and threats of military might force Czechoslovakia to deliver the destiny of Czechoslovakia and its inhabitants into the hands of the Führer and Reichschancellor of Germany without having attempted to settle its dispute with Czechoslovakia by peaceful means.

IX. Charge:

Violation of the Arbitration Convention between Germany and Belgium, done at Locarno, 16 October 1925.

Particulars:

In that Germany did, on or about 10 May 1940, unlawfully attack and invade Belgium without first having attempted to settle its dispute with Belgium by peaceful means.

X. Charge:

Violation of the Arbitration Treaty between Germany and Poland, done at Locarno, 16 October 1925.

Particulars:

In that Germany did, on or about 1 September 1939, unlawfully attack and invade Poland without first having attempted to settle its dispute with Poland by peaceful means.

XI. Charge:

Violation of Convention of Arbitration and Conciliation entered into between Germany and the Netherlands on 20 May 1926.

Particulars:

In that Germany, without warning, and notwithstanding its solemn covenant to settle by peaceful means all disputes of any nature whatever which might arise between it and the Netherlands which were not capable of settlement by diplomacy and which had not been referred by mutual agreement to the Permanent Court of International Justice, did, on or about 10 May 1940, with a military force, attack, invade, and occupy the Netherlands, thereby violating its neutrality and territorial integrity and destroying its sovereign independence.

XII. Charge:

Violation of Convention of Arbitration and Conciliation entered into between Germany and Denmark on 2 June 1926.

Particulars:

In that Germany, without warning, and notwithstanding its solemn covenant to settle by peaceful means all disputes of any nature whatever which might arise between it and Denmark which were not capable of settlement by diplomacy and which had not been referred by mutual agreement to the Permanent Court of International Justice, did, on or about 9 April 1940, with a military force, attack, invade, and occupy Denmark, thereby violating its neutrality and territorial integrity and destroying its sovereign independence.

XIII. Charge:

Violation of Treaty between Germany and other Powers Providing for Renunciation of War as an Instrument of National Policy, signed at Paris 27 August 1928, known as the Kellogg-Briand Pact.

Particulars:

In that Germany did, on or about the dates specified in Column 1, with a military force, attack the Sovereigns specified in Column 2, respectively, and resort to war against such Sovereigns, in violation of its solemn declaration condemning recourse to war for the solution of international controversies, its solemn renunciation of war as an instrument of national policy in its relations with such Sovereigns, and its solemn covenant that settlement or solution of all disputes or conflicts of whatever nature or origin arising between it and such Sovereigns should never be sought except by pacific means

	(Column 1)	(Column 2)
1	September 1939	Republic of Poland
9	April 1940	Kingdom of Norway
9	April 1940	Kingdom of Denmark
10	May 1940	Kingdom of Belgium
10	May 1940	Grand-Duchy of Luxembourg
10	May 1940	Kingdom of the Netherlands
6	April 1941	Kingdom of Greece
6	April 1941	Kingdom of Yugoslavia
22	June 1941	Union of Soviet Socialist Republics
11	December 1941	United States of America

XIV. Charge:

Violation of Treaty of Arbitration and Conciliation entered into between Germany and Luxembourg on 11 September 1929.

Particulars:

In that Germany, without warning, and notwithstanding its solemn covenant to settle by peaceful means all disputes which might arise between it and Luxembourg which were not capable of settlement by diplomacy, did, on or about 10 May 1940, with a military force, attack, invade, and occupy Luxembourg, thereby violating its neutrality and territorial integrity and destroying its sovereign independence.

XV. Charge:

Violation of the Declaration of Non-Aggression entered into between Germany and Poland on 26 January 1934.

Particulars:

In that Germany proceeding to the application of force for the purpose of reaching a decision did, on or about 1 September 1939, at various places along the German-Polish frontier employ military forces to attack, invade, and commit other acts of aggression against Poland.

XVI. Charge:

Violation of German assurance given on 21 May 1935 that the inviolability and integrity of the Federal State of Austria would be recognized.

Particulars:

In that Germany did, on or about 12 March 1938, at various points and places along the German-Austria frontier, with a military force and in violation of its solemn declaration and assurance, invade and annex to Germany the territory of the Federal State of Austria.

XVII. Charge:

Violation of Austro-German Agreement of 11 July 1936.

Particulars:

In that Germany during the period from 12 February 1938 to 13 March 1938 did by duress and various aggressive acts, including the use of military force, cause the Federal State of Austria to yield up its sovereignty to the German State in violation of Germany’s agreement to recognize the full sovereignty of the Federal State of Austria.

XVIII. Charge:

Violation of German assurances given on 30 January 1937, 28 April 1939, 26 August 1939, and 6 October 1939 to respect the neutrality and territorial inviolability of the Netherlands.

Particulars:

In that Germany, without warning, and without recourse to peaceful means of settling any considered differences did, on or about 10 May 1940, with a military force and in violation of its solemn assurances, invade, occupy, and attempt to subjugate the sovereign territory of the Netherlands.

XIX. Charge:

Violation of German assurances given on 30 January 1937, 13 October 1937, 28 April 1939, 26 August 1939 and 6 October 1939, to respect the neutrality and territorial integrity and inviolability of Belgium.

Particulars:

In that Germany, without warning, did on or about 10 May 1940, with a military force and in violation of its solemn assurances and declarations, attack, invade, and occupy the sovereign territory of Belgium.

XX. Charge:

Violation of assurances given on 11 March 1938 and 26 September 1938 to Czechoslovakia.

Particulars:

In that Germany, on or about 15 March 1939 did, by establishing a Protectorate of Bohemia and Moravia under duress and by the threat of force, violate the assurance given on 11 March 1938 to respect the territorial integrity of the Czechoslovak Republic and the assurance given on 26 September 1938 that, if the so-called Sudeten territories were ceded to Germany, no further German territorial claims on Czechoslovakia would be made.

XXI. Charge:

Violation of the Munich Agreement and Annexes of 29 September 1938.

Particulars:

(1) In that Germany, on or about 15 March 1939, did by duress and the threat of military intervention force the Republic of Czechoslovakia to deliver the destiny of the Czech people and country into the hands of the Führer of the German Reich.

(2) In that Germany refused and failed to join in an international guarantee of the new boundaries of the Czechoslovakian State as provided for in Annex No. 1 to the Munich Agreement.

XXII. Charge:

Violation of the solemn assurances of Germany given on 3 September 1939, 28 April 1939, and 6 October 1939 that they would not violate the independence or sovereignty of the Kingdom of Norway.

Particulars:

In that Germany, without warning did, on or about 9 April 1940, with its military and naval forces attack, invade, and commit other acts of aggression against the Kingdom of Norway.

XXIII. Charge:

Violation of German assurances given on 28 April 1939 and 26 August 1939 to respect the neutrality and territorial inviolability of Luxembourg.

Particulars:

In that Germany, without warning, and without recourse to peaceful means of settling any considered differences, did, on or about 10 May 1940, with a military force and in violation of the solemn assurances, invade, occupy, and absorb into Germany the sovereign territory of Luxembourg.

XXIV. Charge:

Violation of the Treaty of Non-Aggression between Germany and Denmark signed at Berlin 31 May 1939.

Particulars:

In that Germany without prior warning, did, on or about 9 April 1940, with its military forces, attack, invade, and commit other acts of aggression against the Kingdom of Denmark.

XXV. Charge:

Violation of Treaty of Non-Aggression entered into between Germany and U.S.S.R. on 23 August 1939.

Particulars:

(1) In that Germany did, on or about 22 June 1941, employ military forces to attack and commit acts of aggression against the U.S.S.R.

(2) In that Germany without warning or recourse to a friendly exchange of views or arbitration did, on or about 22 June 1941, employ military forces to attack and commit acts of aggression against the U.S.S.R.

XXVI. Charge:

Violation of German assurance given on 6 October 1939 to respect the neutrality and territorial integrity of Yugoslavia.

Particulars:

In that Germany without prior warning did, on or about 6 April 1941, with its military forces attack, invade and commit other acts of aggression against the Kingdom of Yugoslavia.

THE PRESIDENT: The Tribunal will now adjourn until 10 o’clock tomorrow morning.

[The Tribunal adjourned until 21 November 1945 at 1000 hours.]