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| INTRODUCTION |
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The “High Command Case” was officially designated
United States of America vs. Wilhelm von Leeb, et al. (Case No.
12.) The defendants held various leading command or staff positions in the
German Armed Forces. They were charged with having committed together with
other leaders of the Third Reich, crimes against peace, war crimes, and crimes
against humanity, and with having participated in a common plan or conspiracy
to commit crimes against peace.
Count one of the indictment charged
that the defendants committed crimes against peace by participating in wars and
invasions aggressive in character and violative of international treaties,
agreements, and assurances. Under count four the defendants were charged with
participation in the formulation and execution of a common plan and conspiracy
to commit crimes against peace. Count two dealt chiefly with prisoners of war,
alleging that war crimes and crimes against humanity were committed by the
murder and ill-treatment of prisoners of war, including murder committed in the
execution of the so-called “Commando,” and “Terror Flyer,”
orders. Under count three the defendants were charged with crimes involving the
conduct of the German Army in occupied countries, and including the execution
of thousands of hostages, the killing of partisans and the killing of civilians
on suspicion in execution of the “Barbarossa Jurisdiction Order,” the
plunder and spoliation of property not justified by military necessity, the
commitment of civilians to slave labor, the persecution and extermination of
“racially,” or "politically inferior people in execution of the
“Commissar” order and other orders. The defendant Blaskowitz
committed suicide on the morning of 5 February 1948, the day of the opening
statement of the Prosecution, and hence only 13 defendants stood trial. The
Tribunal found none of the defendants guilty of crimes against peace. Findings
of guilt were as to 11 defendants under the charges of War Crimes and crimes
against humanity in counts two and three of the indictment.
The High
Command Case was tried at the Palace of Justice in Nuernberg before Military
Tribunal VA. The Tribunal convened 233 times, and the
trial lasted approximately ten months, as shown by the following schedule:
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