He goes on to order that every cellar, every sewer is to be filled in and that after the work of cleaning up is finished the whole area is to be made into a large park. I have not been to Warsaw but they tell me that the area on which the ghetto formerly stood is just about as flat as the palm of your hand, except for pieces of stone and rubble.
On Page 111, Document NO-2403, Prosecution Exhibit 505, is an order by Himmler sent to the Higher SS and Police Leader Ostland -I'm not sure, but I think that was Krueger -- to the Chief of the WVHA, to Pohl, a copy to Kaltenbrunner, and a copy to Standartenfuehrer Rode. This order directs that all the Jews still remaining in the ghettos in the Ostland area have to be collected in concentration camps. I'm not sure of the precise area delineated by the Ostland; but it goes without saying that it was much larger than the area of Warsaw alone.
The second paragraph states that no Jews are to work on outside projects, that is, outside of a concentration camps, as of the 1st of August 1943. In the area of Riga he orders that a concentration camp is to be established in which the manufacturing of clothing and equipment is to be carried out for the Wehrmacht. All private firms have to be cut out, he says. Pohl is specifically directed to take care of this reorganization. The rest of the order is not particularly important.
On Page 112, Document 2516 will be Prosecution Exhibit 506. This is a letter from Pohl, dated 23 July 1943, to Himmler, concerning Himmler's order of June 11, 1943 about erecting a concentration camp in the Warsaw ghetto. Here Pohl reports that he has erected such a concentration camp and as of this date has three hundred prisoners and that they are engaged in slavaging and collecting material in the ghetto.
He goes on to state in the last paragraph that this work is being executed in closest collaboration with SS Brigadefuehrer Stroop.
On Page 114 Document NO-2503 will be Prosecution Exhibit 507.
To go back to Exhibit No. 506 on page 112 a moment. I shall call the Tribunal's attention to the reference numbers at top of page. It states D-II/1. This indicates the Amtsgruppen within the WVHA from which the letter eminated, that is, Amtsgruppen D and sub-title II, and you will see the initial over to the right "MA/Hue". MA stands for Maurer, who was chief of the Amtsgruppe D-II, and the defendant Sommers was his deputy.
Going onto page 114, offered as Prosecution's Exhibit No. 507, that is a letter dated 29 October 1943, from Pohl to Himmler, in which he enclosed a report on the measures taken up then with regard to the demolition of the ghetto in Warsaw. Now the Tribunal must understand that really the Stroops action was the deportation action He was going into the ghetto to take the Jews out and to send them to Lublin and the other camps. They, of course, met with resistance and had to shoot up the ghetto, and in so doing they destroyed certain parts by gun fire, and fires started in the buildings and so forth. Himmler, of course, ordered that the ghetto be levelled. That was the project that the troops were not able to handle; that job was passed onto Pohl and the WVHA, and specifically to Amtsgruppen C, which was the constructive arms of the SS, Building & Construction, and, that they were ordered to destroy the ghetto, to level it, and this report which we had put in as Prosecution Exhibit 507 is a report by Kammler, who was chief of Amtsgruppe C in the WVHA, about his activity in raising or levelling of the ghetto itself. In cover letter from Pohl to Himmler, you can see the dictation, reference C-5-IV. That means Amtsgruppe C, Office-5 Subdivision IV. The report attached to cover letter "Reporter:" indicates SS-Brigadeguehrer Dr. Engr. Kammler, SS-Hauptsturmfuehrer (F) Prinzl, and here he outlines what is being done about destroying the ghetto. The report itself is signed by Pohl. The following two documents are of the same effect. They are later reports about Kammler's activities in WVHA in raising the ghetto, and salvaging whatever material they found there.
That is on page 118, Document NO-2517, which will be Prosecution's Exhibit No. 508, and calls for the same effect, outlining what work has been done how many laborers were employed, how many of those were Germans, how many were Poles, how many were prisoners, and the equipment they used; the removal of plastic material and erection of of concentration camps.
Paragraph 5 on page 120 will show Amtsgruppe C was enlarging the concentration camp in the ghetto, which was housing the prisoners used in raising it.
On page 121 we have Document No. 2505, which will be Prosecution's Exhibit No. 509. This is cover letter from Pohl dated 20 April 1944, attaching another report by Kammler, dated 19 April 1944, and further information concerning the raising of the ghetto. This one is signed by Kammler.
On page 124, Document 2504 will be Prosecution's Exhibit No. 510. It is dated 10 June 1944, cover letter from Pohl to Himmler, attaching report on the further destruction of the ghetto. Paragraph 6 of the report, on page 126, indicates that they expect to complete their destructional work on August 1, 1944.
On page 125 Document NO 2515, will be Prosecution Exhibit No. 511, in which we find the last chapter of this purported history of the Warsaw ghetto. This letter, the date is apparently illegible, but it is a teletype from Kammler of the WVHA to Rudolf Brandt in Himmler's office concerning the demolition of the ghetto. 29 July 1944 is the date Kammler states in this teletype that the destruction of the ghetto is practically completed, and that the work in Warsaw is to be terminated by the Central Building Administration; so apparently they completed it, indicated by letter of Brandt and of Himmler, with respect to the ghetto except with exception of raising of the buildings in part that remained there.
This, if the Tribunal please, completes the introduction of documents on the part of the Prosecution with the exception of a small number of documents which were not in order in the document books for one reason or another, and will be re-offered the morning the Tribunal reconvenes, or the defense should start presenting their case.
Additionally, we will have a few more new documents, which, undoubtedly, will not number more than ten, so with the Tribunals permission we will take up perhaps an hour or two at the most on the day the court reconvenes, and then we will rest our case.
THE PRESIDENT: The Tribunal will recess until 12th day of May at 9:30 in the morning. That will be two weeks on the coming Monday. After a brief testimony offered by the Prosecution the defense counsel will be prepared to make their opening statements, one after the other. We will hear all the opening statements before any proof is taken, or any testimony is offered.
MR. McHANEY: I do not know how long the defense counsel individually plan to take in presenting their opening statements, but in order that there might be no confusion on that day we reconvene, I would suggest that the Tribunal put some limitation on the amount of time to be consumed in the presentation of the statements. In the Medical Case with five more defendants, as I recall, the defense counsel were allowed a total to two days, two court days, to present their opening statements. They were permitted to allocate the time, but they agreed among themselves. However, if is very well to say that Dr. Seidl will acquire more time to present his statement than perhaps one of the other defense counsel for one of the other defendants.
THE PRESIDENT: All opening statements will be concluded and finished by the close of session on Tuesday. That gives you most of Monday and all of Tuesday. You can allocate the time among yourselves as you like, and, of course, we don't insist that you take that long, if you choose to do it in less time than that, it will be quite all right.
The Tribunal will now be in recess until Monday, May 12th, 1947, at 9:30 a.m.
THE MARSHAL: This Tribunal is in recess until the period specified, Monday, 12 May 1947.
(Whereupon the Tribunal adjourned until 12 May 1947 at 0930 hours.)
Official Transcript of the American Military Tribunal in the matter of the United States of America against Oswald Pohl et al, defendants, sitting at Nuernberg, Germany, on 14 May 1947, Justice Robert M. Toms presiding.
THE MARSHAL: All persons in the court will find seats. Look the doors. The Honorable, the Judges of Military Tribunal No. 2. Military Tribunal No. 2 is now in session. God save the United States of America and this honorable Tribunal. There will be order in the court.
MR. ROBBINS: Your Honor, the prosecution only has a few matters to clear up before formally resting its case. I think we will take just as little time as possible. I believe the defense counsel has been given copies of our memorandum on the cleaning up of Books I through XX and that memorandum contains the offer of a number of documents into evidence, offers which were not completed because of some formal difficulty at the time.
There are two corrections that I would like to make on the memorandum. They occur on the last page at Book XVIII, Document 1553-PS. The last line of that paragraph should be stricken out. The line reads, "See Schedule A annexed hereto for discussion." There is no schedule annexed to the memorandum. A separate memorandum on 1553-PS will be circulated.
The second correction concerns the document in Book XIX, NO-2186. This has not been distributed as yet because we haven't been able to get the photostat from Berlin and it will be offered at a later date.
There may still be some discrepancies between our memorandum and what I find from the Secretary General's office. If there are some few formal inadequacies. I would like to have an opportunity to clear those up at a later date. It may be that in a few instances copies have not been distributed to the German defense counsel and therefore they have been admitted only conditionally, but, if that does occur in a few cases, it will be only in a few; it will be cleared up within a few days.
I should like, rather than to read this memorandum, to ask that it be extended into the record.
I will give a copy of it to the clerks.
THE PRESIDENT: The memorandum with reference to the proper identification and offering of the documents will be made a part of the record and the corrections made in accordance with that memorandum.
MR. ROBBINS: I should like now to turn to Book XXI, which contains only--
THE PRESIDENT: Mr. Robbins, we didn't bring our document book. Do you want us to have it?
MR. ROBBINS: No. This is a new Document Book XXI. Has that been given to you?
THE PRESIDENT: No.
MR. ROBBINS: It was distributed last week. I don't think it will be necessary for Your Honors to have it. It contains only ten documents and most of them are affidavits. I can give you a very brief description of them. I am sure they are in the hands of the Secretary General and the defense counsel have them.
The first has already been offered in evidence. That is NO-2611. It has been offered in Book XIII as Exhibit 366 and NO-2615, the second document NO-2615, has been offered as Exhibit 367, also in Book XIII.
The document at page 12, NO-2510, I should like to offer as Exhibit 512. This is an order by Hitler -- that part appearing at page 14 -- and Hitler says, "The situation on the Eastern front demands extreme concentration of forces within the Army... Therefore I order that: (1) The Reichsfuehrer-SS be charged, within the scope of my decree of 20 July 1944, with examining and simplifying the whole organizational and administrative foundations of the Waffen-SS, the Police, and the Todt organization with a view to saving manpower."
And in pursuance of Hitler's orders, Himmler wrote to Pohl as follows - this is on page 12:
"Dear Pohl, "Please contact Admiral Warcchiwa immediately.
He was instructed by the Grand Admiral to do anything you suggest.
In practice, the order of the Grand Admiral has the (same) effect as if Admiral Warcchiwa were subordinate to you."
And the letter on page 17 is to Doenitz and from Himmler. Himmler writes as follows:
"Following the Fuehrer's order of 2 August 1944, I have charged Obergruppenfuehrer and General of the Waffen-SS Pohl with the execution of this task insofar as it concerns the administration of the Army, the Waffen-SS, the Police, and the Todt Organization."
This is to effectuate Hitler's order concerning the Gestapo and establishment of the Waffen-SS and of the police.
The affidavit of Grosch, appearing at page 16 of Book 21, which is NO-2322, I offer as Exhibit 513. Grosch was an SS man and a member of Amtsgruppe C of the WVHA. He states that he heard about the defendant Eirenschmalz some time in the middle of 1939.
JUDGE PHILLIPS: Is that Prosecution Exhibit 513?
MR. ROBBINS: Yes, sir. Eirenschmalz remained in his position, which was to pay out the moneys for the building projects for the SS Death Head units, until about 1940 and then moved to Berlin to work with the Budget and Buildings Main Office and in this capacity he was assigned to the tasks which he later had to carry out within the Economic and Administrative Main Office, Amt C-VI. And then he goes ahead to describe Eirenschmalz's activities.
The following affidavit on page 18, which is NO-2325, I offer as Prosecution Exhibit 514. This is an affidavit by Hans Peter Eichele, who is a member of the SS and also a member of Amtsgruppe A within the WVHA. He also describes some of Eirenschmalz's activities and the activities of Hans Loerner.
The affidavit on page 21, which is NO-2156, will be Prosecution's Exhibit 515. This is an affidavit by Werner Greunuss. He was a doctor at the Project S-3 at Ohrdruf and he describes conditions there. He also describes at page 23 some of the activities of the defendant Pook.
The affidavit at page 25, which is NO-2368, I offer as Exhibit 516. This is an affidavit of Friedrich Entress and he was a camp physican at Gross-Rosen. In the affidavit he describes conditions and also the euthanasia program and gassings at Auschwitz, also medical experiments at Auschwitz.
At page 30 the affidavit of Gerhard Wiebeck, NO-2331 will be Prosecution Exhibit No. 517, that is NO-2331, Prosecution Exhibit No. 517. He was a member of the State Police, and he describes conditions at Dachau, and certain activities of defendant Georg Loerner.
At page 34 the affidavit of Karl Abraham, which is document NO-2127, will be Prosecution Exhibit No. 518. Abraham was an SS man, and he described his position in office D-3 of the WVHA. In the affidavit he also describes the extraction of gold from concentration camp inmates from the dead bodies of the inmates.
The last affidavit is NO-2332, which is an affidavit of Dr. Oskar Schiedlausky, that will be Exhibit No. 519.
The last two documents in the book are included to show the Court the authentic signature of Dr. Ding Schuler. The first document NO-578, which will be Prosecution Exhibit No. 520, is a clinical history of fifteen persons who were innoculated in the typhus station in Buchenwald, which is signed by Ding, and the last document in Book 21, NO-257, which will be Prosecution Exhibit No. 521, is an affidavit signed by Schuler.
DR. SEIDL: Dr. Seidl for the defendant Oswald Pohl. Your Honor, I object to the admission of Document NO-257, as Exhibit. That is a statement of Schuler's, which was not sworn to, and, therefore, cannot be regarded as an affidavit.
MR. ROBBINS: I think that the document shows on its face that it was sworn to. The last paragraph says "I swear by God, the Almighty, that I will say nothing but the pure truth and will add and withhold nothing." Signed, "Dr. Erwin Schuler". This was signed before Pfc Harry Ilsen. Now I believe Ilsen is the translator who subscribed and sworn to before Fred W. Hofstetter, Captain in the Infantry.
DR. SEIDL: In the German copy of the document book this statement is not contained. Therefore, I would like to ask the Prosecution to show us the original of the affidavit of Dr. Schuler's.
THE SECRETARY GENERAL: I don't have the document.
MR. ROBBINS: I was told this was delivered to the Secretary General. Apparently it was not. In order to save time, I suggest I get the document at the first recess, and show it to Dr. Seidl.
THE PRESIDENT: Very well.
MR. ROBBINS: Except for a few formal matters, which I indicated earlier, this completes the presentation of evidence for the Prosecution, and we would like to rest our case at this time.
THE PRESIDENT: With the leave to make any corrections, or any additions which may appear necessary, the Prosecution now rests. The defense may open.
(Whereupon the Prosecution rests its case)
DR. SEIDL: Dr. Seidl for the defendant Oswald Pohl. Your Honor, approximately twelve days ago I wrote my opening speech, and gave it to the Secretary-General with four copies, and I hope that the Tribunal and the Interpreters hava sufficient number of the documents.
THE PRESIDENT: Do the Interpreters have this copy in German?
THE INTERPRETER: No, Your honor, we do not.
THE PRESIDENT: The Tribunal has no copy, and the Interpreters have no copies.
DR. SEIDL: Yesterday Mr. Wartena of the Secretary-General's office told me yesterday that the first eight opening speeches had already been translated, and I assumed that the Secretary-General's office had already produced the necessary copies both for the Tribunal and the Interpreters. I myself did not receive any translation.
THE PRESIDENT: We are inquiring now at the Secretary-General's office to see where the copies are.
DR. FRITSCH: Dr. Fritsch for the defendant Hans Baier. As we are forced to make this pause, in a way I would appreciate if Your Honor would give us the possibility to clarify certain matters of which the defense counsel seem to have difficulty.
Therefore, I would appreciate if this Tribunal could possibly take care of these difficulties with necessary orders. The first point I wish to mention here concerns the records. Today, we did not receive all the records from the various sessions. I, for instance, have received records for only four days of court proceedings. The fact we do not have these records makes our work rather difficult. We were not able to prepare ourselves, and, therefore, we were not able to bring our secretaries along to this courtroom, because we thought we would get the records in time. Within the following few days, of course, the difficulties will be much greater when we start examining witnesses and defendants. Therefore, I would like to ask this Tribunal to give special orders to whom it may concern that these things are well taken care of in the future.
THE PRESIDENT: What other difficulty do you have? What other points do you wish to raise?
DR. FRITSCH: Your Honor, I thought that you wanted to elucidate on that point, that is the reason why I stopped.
THE PRESIDENT: We will have to find out why you have not received the transcript of the testimony, and you may be sure we will do everything we possibly can to get the transcript in your hands.
DR. FRITSCH: Your Honor, as second point, I would like to mention the following: This Tribunal with reference to some witnesses who had given affidavits for the Prosecution has granted them to us for our cross examination. They are among others the witnesses Pister, Grimm and Barnewald. These witnesses are at the present moment indicted at Buchenwald trial in Dachau. I can very well see the difficulties which will arise in trying to bring these witnesses to Nurnberg, and in order to cross examine them before this Tribunal. According to my opinion, however, such a possibility must exist, so the defense could be in a position to represent their clients as well as they can. I have been informed, that inspite of the fact these witnesses are granted us by this Tribunal, these witnesses cannot be brought here.
I would like to ask the Tribunal to make some statement about this matter, and, if possible, to issue the necessary orders that all the witnesses insofar as they are requested, be put to our disposal for cross examination.
THE PRESIDENT: Will you give me the names of those witnesses who are now in Dachau, the ones you mentioned.
DR. FRITSCH: Barnewald, Pister, Grimm, bchwartz.
THE PRESIDENT: We'll make the necessary inquiries and see whether it is possible to procure these witnesses. If it is possible in any way, they will be brought here.
DR. FRITSCH: Your honor, I have a third request. In this prison, upon orders from the Prosecution, a man by the name of hr. Karoly was turned in. I inquired yesterday of M. Hart if this Dr. Karoly, is here for the Prosecution. Mr. Hart told me that he could not tell me that. I can understand that. However, I have the basic request that the Tribunal issue an order to tne effect that in such cases of witnesses who are no longer used by the Prosecution and who are still in the prison at Nurnberg may be examined by the Defense without a commissioner.
THE PRESIDENT: If there is a witness in the Nurnberg jail that you wish to call, all you have to do is ask for it.
DR. FRITSCH: Yes, Your honor. I have done that already and I also received permission to speak to that witness, in the presence of a commisioner, however. It is a matter of course that it is very important for the Defense, Your Honor, to be able to examine a witness without a commissioner, and I do not see any reason not to grant us this request if this is a witness who will no longer be used by the Prosecution.
THE PRESIDENT: The rules of this Tribunal provide that witnesses shall only be interviewed in the presence of a commissioner. This is for the purpose of keeping the inquiry, keeping the interrogatory within proper bounds. Do you have any objection to the presence of tne Commissioner while you interview the witness?
DR. FRITSCH: No, Your honor. However, I would appreciate it if you would forgive my speaking so frankly. I do not see why the Defense with respect to a witness who has been brought to Nurnberg by the Prosecution without any reason for this trial can talk to the witness without the commissioner.
Of course, these things can be discussed much more freely without a commissioner, and the witness will come out of his reserved attitude.
May I say a few more things about that matter, Your Honor? The main thing, of course, is also the time which we lose by having a commissioner. On the average, I need from 10 to 15 days before I can examine one of these witnesses who is here in the jail, if he has to be examined in the presence of a commissioner.
THE PRESIDENT: Why is there that delay?
DR. FRITSCH: Due to the application, Your Honor. The application takes from 10 to 15 days in order to come through.
THE PRESIDENT: In order to avoid that dealy, the Tribunal will be glad to have one of the members of the Tribunal act as the commissioner, take the testimony right in this courtroom, and one of the judges will act as commissioner, and you can do that tomorrow if you want without any dealy, but the rule of the Court requires the presence of the commissioner, and I cannot change that, but we make this offer to you that any witness that you wish to interrogate can be done before a member of this Tribunal acting as a commissioner. Is that satisfactory?
DR. FRITSCH: Yes, Your Honor, it is.
THE PRESIDENT: This, of course, can be done after court hours; if you wish.
DR. FRITSCH: Very well, Your Honor. Thank you.
DR. SEIDL: Your honor, in view of the fact that a recess is necessary here in the proceedings, I take the liberty of bringing before this Tribunal a request which has nothing to do with the proceeding but which refers to work of the Defense and concerns the noon pause for Defense Counsel. Defense Counsel in other tribunals-
THE PRESIDENT: I know what you are going to say, Dr. Seidl, This Court will recess from 1230 until 1:45, one hour and a quarter, beginning today.
DR. SEIDL: Thank you, Your Honor.
DR. HEIM (Counsel for defendant Hohberg): In connection with the statement made by the Defense Counsel for defendant Baier, I would like to add the following. I made a request that Graf Schwerin von Krosigk, who is in jail at the moment, be placed at my disposal for informational purposes. I interviewed Graf Schwerin von Krosigk in the presence of a commissioner. On the basis of the discussion I had, I drew up an affidavit, and the Secretary General set a new date on which I could have this affidavit signed in front of the commissioner. A day before this deadline, Graf Schwerin von Krosigk was simply released from the jail without my being informed of it and was taken to some other place which is unknown to me. In that I see difficulties for the Defense, and I would appreciate it if the Tribunal would give the necessary orders that in the future the Defense be notified in time of the departure of a witness.
THE PRESIDENT: Did the witness leave before he signed the affidavit?
DR. HEIM: Yes, Your Honor, one day before the day he was supposed to sign the affidavit, he was transferred to some other place.
THE PRESIDENT: Do you know where he was transferred to?
DR. HEIM: No, his present whereabouts is unknown to me.
THE PRESIDENT: What is the name of the witness?
DR. HEIM: Graf Schwerin von Krosigk, the former Reich Finance Minister.
THE PRESIDENT: Mr. Robbins, do you know where this witness is now?
MR. ROBBINS: No, Your Honor, I am not informed about, that. I will find out an inform the Tribunal. I feel certain that this was an oversight. I am sure that it was not done to prevent the Defense Counsel from getting an affidavit signed.
THE PRESIDENT: Whether done intentionally or not, that was the result. He is deprived of the benefit of this witness' affidavit. Will you find out and report to the Tribunal where this witness now is? If he cannot be located, we shall treat the statement as a sworn statement anyway.
DR. HEIM: Thank you very much, Your Honor.
DR. RATZ (For defendant Hermann Pook): With reference to the examination of the witnesses I would like to say the following: The witness Dr. Reuther was granted me by the Tribunal and he is now in Nuernberg. He was repeatedly interviewed by me. The same witness, without my being notified, was removed by the prosecution and examined by the prosecution and today, as I was told, he will be re-examined. These are difficulties for the defense and this procedure by the prosecution is not permissible. I would appreciate it if you would forbid such action in the future.
THE PRESIDENT: We don't understand what it is you are complaining about. Has the witness disappeared?
DR. RATZ: Your Honor, the witness was examined without my being notified of it. That is, the witness was granted me by the Tribunal; he is my main defense witness.
THE PRESIDENT: Oh. In counsel's statement this seems to be irregular. The rule provides that defense counsel shall be notified if one of their witnesses is to be interviewed. The prosecution would have the same right.
MR. ROBBINS: This is another instance where I had no knowledge of the procedure. I assure the court I will check into this and if I can prevent its happening I will certainly do so in the future.
THE PRESIDENT: You have the name of the witness, Mr. Robbins?
MR. ROBBINS: Yes.
THE PRESIDENT: All right.
DR. RATZ: Dr. Reuther is his name, spelled as R-E-U-T-H-E-R.
THE PRESIDENT: The Tribunal now has a transcript of the opening statement of Dr. Seidl in both English and German on behalf of the defendant Pohl. You may proceed, Dr. Seidl.
DR. SEIDL (For defendant Oswald Pohl):
Mr. President. Your Honors.
In the indictment which was served on him on 13 January 1947 the defendant Oswald Pohl is charged on all four counts of the indictment.
In Count I of the indictment he is charged with having participated in a common plan with the intent of perpetrating war crimes and crimes against humanity. In Counts II and III of the indictment he is charged with personal responsibility in the perpetration of war crimes and crimes against humanity, while in Count IV of the indictment he is charged with having been a member of an organization which was found to be felonious by the International Military Tribunal.
Count I of the Indictment The Common Plan or the Conspiracy.
In Count I of the indictment the defendant Oswald Pohl is charged between January 1933 and April 1945, together with the other defendants and several other persons following a common plan, with having participated in an illegal manner and with malice aforethought, in an agreement to perpetrate war crimes and crimes against humanity, as they are defined in the Control Council Law No. 10, paragraph II.
The indictment contains no statements which are based on facts and which reveal in detail the existence of such a scheme with regard to its period of initiation and its purpose. The indictment is restricted essentially to legal arguments in general, the center of which is the Economic and Administrative Main Office under the defendant Oswald Pohl.
The indictment itself contains no reference to the legal provisions on which, in Count I of the indictment, the maintained common plan has its legal basis. Therefore, the question as to whether the Control Council Law No. 10 can provide legal reasoning for this count of the indictment must be examined. In consideration of the fact that the Control Council Law No. 10 of 20 December 1945 paragraph I of the London Agreement, dated 8 August 1945, relating to the persecution and punishment of major war criminals of the European axis powers, has been incorporated as an inseparable part of this law, the statute for the International Military Tribunal must also be referred to when examining this question, since this statute, on the other hand, represents an essential part of the London Agreement of 8 August 1945.