Archive/File: people/e/eichmann.adolf/transcripts/Judgment/Judgment-70 Last-Modified: 1999/05/27 244. The indictment was formulated in considerable detail. The method generally followed by the Attorney General was to set out in each count the essence of the indictment in one of the paragraphs of the "particulars of offence," for example - in paragraph (a) of the first count (crime against the Jewish People by causing the death of Jews), in paragraph (b) of the third count (crime against the Jewish People by causing grave physical and mental harm), and in paragraph (a) of the seventh count (crime against humanity through the plunder of property). To this the Attorney General added a detailed factual description of part of the acts attributed to the Accused. This is particularly evident in counts 1-7 of the indictment. It is here stressed at the same time that the factual description is not exhaustive. Thus, in paragraph "g" of the first count, there is a partial description of the operations of the Einsatzgruppen (Operations Units) by the specification of the number of the victims during a given period; but it is clear from the opening words "the operations of these Units included inter alia the following operations, etc.", that the Attorney General merely sought to give instances and examples from among all the operations which were carried out by the Operations Units. Again, in the seventh count, various operations of plunder of property are enumerated, but it is stated that these were among the activities of the Accused. We do not mean to criticize this way of wording the charge sheet. On the contrary, in the nature of things, the description could not be more exhaustive because of the vast dimensions of the activities with the execution of which the Accused was, together with others, charged, while the method of partial specification was apt to inform the Accused with greater clarity of the nature of the operations of which he was accused. But as we come now to convict the Accused, we do not consider ourselves bound by this partial specification in the indictment. We shall adhere to the general framework of the indictment, insofar as it concerns the description of the statement of offence, and also those parts of the particulars of offence in which a general description of the nature of the offence appears. But, as regards all other details, we base the conviction of the Accused on the detailed description of the facts which we have given in this Judgment, and of which the principal ones have been recapitulated in the chapter containing the legal analysis of the facts. In the light of this detailed description, we will now comprise in the text of the conviction only that which appears to us essential in each of the counts of the indictment, insofar as they have been proved before us. (1) We, therefore, convict the Accused, pursuant to the first count of the indictment, of a crime against the Jewish People, an offence under Section 1(a)(1) of the Nazis and Nazi Collaborators (Punishment) Law 5710-1950, in that during the period from August 1941 to May 1945, in Germany, in the territories of the Axis States, in the areas which were occupied by Germany and by the Axis States, and in the areas which were subject to the authority of Germany and the Axis States, he, together with others, caused the deaths of millions of Jews, with the purpose of implementing the plan which was known as the "Final Solution of the Jewish Question," with intent to exterminate the Jewish People. We acquit the Accused of a crime against the Jewish People, by reason of the acts attributed to him in this count of the indictment during the period until August 1941. The criminal acts of the Accused until that time (see sections 185, 186 above) will be included in the conviction for crimes against humanity, under paragraph (5) of the conviction, as set out below. (2) We convict the Accused pursuant to the second count of the indictment of a crime against the Jewish People, an offence under Section 1(a)(1) of the above-mentioned law, in that during the period from August 1941 to May 1945, in the territories and areas mentioned in paragraph (1) of the conviction, as set out above, he, together with others, subjected millions of Jews to living conditions which were likely to bring about their physical destruction, in order to implement the plan which was known as the "Final Solution of the Jewish Question," with intent to exterminate the Jewish People. We acquit the Accused of a crime against the Jewish People by reason of the acts attributed to him in this count during the period until August 1941. (3) We convict the Accused, pursuant to the third count of the indictment, of a crime against the Jewish People, an offence under Section 1(a)(1) of the above-mentioned Law, in that during the period from August 1941 to May 1945, in the territories and areas mentioned in paragraph (1) of the conviction, as above, he, together with others, caused grave bodily and mental harm to millions of Jews, with intent to exterminate the Jewish People. We acquit the Accused of a crime against the Jewish People attributed to him in this count during the period until August 1941. (4) We convict the Accused, pursuant to the fourth count, of a crime against the Jewish People, an offence under Section 1(a)(1) of the above-mentioned Law, in that during the years 1943 and 1944 he took measures calculated to prevent births among Jews, by directing that births be banned and pregnancies terminated among Jewish women in the Terezin Ghetto, with intent to exterminate the Jewish People. We acquit the Accused of having committed all other acts mentioned in the fourth count of the indictment. (5) We convict the Accused, pursuant to the fifth count, of a crime against humanity, an offence under Section 1(a)(2) of the above-mentioned Law, in that during the period from August 1941 to May 1945, in the territories and areas mentioned in paragraph (1) of the conviction, as above, he, together with others, caused the murder, extermination, enslavement, starvation and deportation of the Jewish civilian population in those countries and in those areas. We also convict the Accused of a crime against humanity, an offence under Section 1(a)(2) of the above-mentioned Law, in that he, together with others, caused during the period from March 1938 to October 1941, the expulsion of Jews from their homes in the territories of the Old Reich, Austria and the Protectorate of Bohemia-Moravia, by way of compulsory emigration through the Central Offices for Jewish Emigration in Vienna, Prague and Berlin. We also convict the Accused of a crime against humanity, an offence under Section 1(a)(2) of the above-mentioned Law, in that during the period from December 1939 to March 1941 he, together with others, caused the deportation of Jews to Nisko and the deportation of Jews from areas in the East annexed to the Reich, and from the Reich area itself into the German-occupied area in the East and to France. (6) We convict the Accused, pursuant to the sixth count, of a crime against humanity, an offence under Section 1(a)(2) of the above-mentioned Law, in that, when carrying out the activities mentioned in paragraphs 1-5 of the conviction, he persecuted Jews on national, racial, religious and political grounds. (7) We convict the Accused, pursuant to the seventh count, of a crime against humanity, an offence under Section 1(a)(2) of the above-mentioned Law, in that, during the period from March 1938 to May 1945, in the territories and areas mentioned in paragraph (1) of the conviction, as above, he, together with others, caused the plunder of the property of millions of Jews through mass terror, linked with the murder, destruction, starvation and deportation of those Jews. (8) We convict the Accused, pursuant to the eighth count, of a war crime, an offence under Section 1(a)(3) of the above- mentioned Law, in that he performed the acts of persecution, expulsion and murder mentioned in the preceding counts, so far as these were committed during the Second World War, against Jews from among the populations of the countries occupied by Germany and the other countries of the Axis. (9) We convict the Accused, pursuant to the ninth count, of a crime against humanity, an offence under Section 1(a)(2) of the above-mentioned Law, in that he, together with others, during the years 1940-1942, caused the expulsion of a civilian population, namely hundreds of thousands of Poles, from their homes. (10) We convict the Accused, pursuant to the tenth count, of a crime against humanity, an offence under Section 1(a)(2) of the above-mentioned Law, in that in 1941, he, together with others, caused the expulsion of a civilian population, namely more than fourteen thousand Slovenes, from their homes. (11) We convict the Accused, pursuant to the eleventh count, of a crime against humanity, an offence under Section 1(a)(2) of the above-mentioned Law, in that during the Second World War, he, together with others, caused the expulsion of a civilian population, namely tens of thousands of Gypsies from Germany and German-occupied areas, and their transportation to the German-occupied areas in the East. It has not been proved before us that the Accused knew that the Gypsies were being transported to extermination. (12) We convict the Accused, pursuant to the twelfth count, of a crime against humanity, an offence under Section 1(a)(2) of the above-mentioned Law, in that in 1942, he, together with others, caused the expulsion of 93 of the children of the Czech village of Lidice. It has not been proved before us that the Accused is guilty of the murder of these children. (13) We acquit the Accused of the charges of belonging to hostile organizations, under the thirteenth, fourteenth and fifteenth counts, with respect to the period until May 1940, because of the prescription of these offences. (14) We convict the Accused, pursuant to the thirteenth count, of membership of a hostile organization, an offence under Section 3(a) of the above-mentioned Law, in that he was, as from May 1941, a member of the organization known as Schutzstaffeln der NSDAP (SS), which was declared a criminal organization by the International Tribunal which tried the Major War Criminals, and in that, as a member of such organization, he took part in acts that were declared criminal in Article 6 of the London Charter of 8 August 1945. (15) We convict the Accused, pursuant to the fourteenth count, of membership of a hostile organization, an offence under Section 3(a) of the above-mentioned Law, in that, as from May 1941, he was a member of the organization known as Sicherheitsdienst des Reichsfuehrers-SS (SD) which was declared a criminal organization by the International Military Tribunal which tried the Major War Criminals, and as a member of such organization he took part in acts declared criminal in Article 6 of the London Charter of 8 August 1945. (16) We convict the Accused, pursuant to the fifteenth count, of membership of a hostile organization, an offence under Section 3(a) of the above-mentioned Law, in that he was, from May 1940, a member of the organization known as the Geheime Staatspolizei, which was declared a criminal organization by the International Military Tribunal which tried the Major War Criminals, and as a member of such organization took part in acts which were declared criminal in Article 6 of the London Charter of 8 August 1945.
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