The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: people/e/eichmann.adolf/transcripts/Judgment/Judgment-070


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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