Daniell Brothers were the best proponents of :
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limit the number of witnesses to be called, in order to have an expeditious hearing, in
accordance with Article 18 (c) of the Charter. The Tribunal, after examination,
granted all those applications which in its opinion were relevant to the defence of any
defendant or named group or organization, and were not cumulative. Facilities were
provided for obtaining those witnesses and documents granted, through the office of
the General Secretary established by the Tribunal.
Much of the evidence presented to the Tribunal on behalf of the prosecution was
documentary evidence, captured by the Allied armies in German Army headquarters,
Government buildings, and elsewhere. Some of the documents were found in salt
mines, buried in the ground, hidden behind false walls and in other places thought to
be secure from discovery. The case, therefore, against the defendants rests in a
large measure on documents of their own making, the authenticity of which has not
been challenged except in one or two cases.
THE CHARTER PROVISIONS
The individual defendants are indicted under Article 6 of the Charter, which is as
follows:
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"Article 6. The Tribunal established by the Agreement referred to in Article 1 hereof for the trial
and punishment of the major war criminals of the European Axis countries shall have the
power to try and punish persons who, acting in the interests of the European Axis countries,
whether as individuals or as members of organizations, committed any of the following crimes:
The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for
which there shall be individual responsibility:
(a) Crimes Against Peace: namely, planning, preparation, initiation or waging of a war of
aggression, or a war in violation of international treaties, agreements or assurances, or
participation in a common plan or conspiracy for the accomplishment of any of the foregoing:
(b) War Crimes: namely, violations of the laws or customs of war. Such violations shall include,
but not be limited to, murder, ill-treatment or deportation to slave labour or for any other
purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of
war or persons on the seas, killing of hostages, plunder of public or private property, wanton
destruction of cities, towns or villages, or devastation not justified by military necessity:
(c) Crimes Against Humanity: namely, murder, extermination, enslavement, deportation, and
other inhumane acts committed against any civilian population, before or during the war, or
persecutions on political, racial or religious grounds in execution of or in connection with any
crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of
the country where perpetrated.
Leaders, organizers, instigators and accomplices participating in the formulation or execution
of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all
acts performed by any persons in execution of such plan."
These provisions are binding upon the Tribunal as the law to be applied to the case.
The Tribunal will later discuss them in more detail; but, before doing so, it is
necessary to review the facts. For the purpose of showing the background of the
aggressive war and war crimes charged in the Indictment, the Tribunal will begin by
reviewing some of the events that followed the First World War, and in particular, by
tracing the growth of the Nazi Party under Hitler's leadership to a position of supreme
Explanation: