Re Pohl

Date03 Noviembre 1947
Docket NumberCase No. 127
CourtNuremberg Court (Germany)
Nuremberg, Germany, United States Military Tribunal.1
Case No. 127
In re Pohl and Others.

Individuals — Position in International Law — Rights of Individuals Independent of the Law of the State — Crimes against Humanity.

Subjects of Laws of War — Responsibility of Military Commander for Crimes Committed by Persons under his Command.

Belligerent Occupation — Civilian Inhabitants — Treatment of — Extermination, Torture and Ill-treatment in Concentration Camps of Civilian Inhabitants of Occupied Territory, Prisoners of War and German Subjects — Enslavement and Deportation to Slave Labour of such Persons — Plunder of Public and Private Property in Occupied Territory — War Crimes and Crimes against Humanity — Responsibility of Military Commander for Crimes Committed by Persons under his Command.

The Facts.—The eighteen accused, most of whom were officers in the German Security Service (S.S.), held official positions in vàrious Divisions of the Main Economic and Administrative Department(WVHA) of the Security Service.2 They were charged with participation in: (1) the establishment and maintenance throughout Germany and other countries of concentration camps and labour camps in which large numbers of civilian inhabitants of occupied territory, prisoners of war, German subjects and foreign nationals were unlawfully confined, tortured and killed; (2) the supply of labour and services of inmates of concentration camps to various industrial enterprises in Germany and other countries; (3) the furnishing of human subjects for unlawful medical experiments; (4) the carrying out of the policies of the German Government with regard to the extermination of Jews, the sterilization and castration of certain groups of the civilian population, the ill-treatment of prisoners of war, the deportation to slave labour of civilian inhabitants of occupied territory and the plunder of public and private property.

Held: that Pohl and fourteen other accused were guilty.1 Three accused were acquitted, as the evidence did not establish their participation in the crimes.

(1) Common Design or Conspiracy to commit War Crimes and Crimes against Humanity. The Tribunal said: “It is the ruling of this Tribunal that neither the Charter of the International Military Tribunal nor Control Council Law No. 10 has defined conspiracy to commit a war crime or crime against humanity as a separate substantive crime; therefore, this Tribunal has no jurisdiction to try the defendants upon a charge of...

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