‘MiLL@agY TapsWALs cri Marsters, Germany UsITED sticzs OF wersIch mRAvCE, FREDIMMIARY MEMOANIOM TAT op te ber 6, 1947 Eagles + PEPAQIIO, TNTATANTOH, Against Others (Gass TZ - FARE dup WoT OF W2s TOFS OF OPER COUNTIES TELTORD TAYLOR Belgedtor Oeneral, USA Chief of Counsel for Var Crines Josiah B, DaBoie, Jr., ‘Deputy Chief of Counsel Droxel A. Sprecher, Chief, Farben friel Tox Morris Anchen Jan, Charmats, Kanfoan Branuel. Mins kof Bandolph Newnan Yarcil Ten StreetIntrotuetion Orininel Ros>onstbility of So-Callet “Private Porema" Eaventiel Slenente of Grines Against Poace 4A, Seope of Crises Arslnat Peace B. Pertlcipation by the Defentants in Crim ©. State of mis. Sere D. Supestor OMors:nnt Gooreion Pertictystion nancial Support of Etter and Gooverntion vith the Wehrancht Four Year Plan ant Teonmic Mobilization of Gormany for Yar and Hquivping the Inri Military lachine Importance of Ferben's Protuction Sxplosives Dislysol Stebilizore Mothanol Synthetic Gasoline Syntactic Rubber Tight Metals Poison Cas Plant Factlities Stockpiling of Oritienl Yer Materials for Next Offensive eof International agreonents to Weaken Ge ‘otectine Ferben!e Tiyire and Expentin {t Throw! Plunder end Slavery an Part of the Pre for ent Wr State of Mind 1557-1983 Defente of Superior Onlers end Coercionouer ome SEAR oa, COTE AED OR CF WSS GF AOORESSTOR AND INVASIONS OF ‘OTHER COUNERIES Taro WoRIOS Article II of Control Comot] tay #10 presorites as erines against Peace: MInttistion of tavastons of other countries and wars of sgeresaton in violation of international lave and treaties, incleding but not Limited to planning, preparation, initiation or waging a var of = ‘aggression, or a war in violation of anternational treaties, sgreonents or assurances, or participetica in a comnon plan or con spirecy for the accomplishnent of any of the foregoing. ® Acticle I of Wlitery Governzent Ordingsce #7, under viicl this ‘ritunal 4s estedliched, provides that "The determinations of the 1 Jwlenent in Case $1 that invasions, azersssive acts ant Sceressive Wars, crines, atrocities or inhunane nets were planned or occurred, shall. be binding on the iribunle establishnent hereunder and shall be questioned except insofar aa partieipation therein or mow! ledge thereof of my particular person ry bo concerned, Statenents of the International Military Tribunal in the Judgnent in Gaze $1 shall constitute proof of the facte atated, in the absence of sub- stantial nev eridmes to the contrary." fue basic questions at desus under Count 1, therefore, are the extent to which the defendants participated in the preperation for end initiation of invartone and aggressive ware vkich vere planned and Which 1a occur and the state of sini vith which the defendants 40 participated. Tue neceseory degros of connection with the crine to esteblish the guilt of the defendants is to be detornined by paragraph 2 of Avticle IT of Control Couch Law #10, end in the light of recognized principles of eriminel lew, Prragraph 2 cota forth that an individual shall be found guilty ef the erines defined in Lav #10 4¢ he was (a) a principal, oF () an accossory. or Af he (c) took @ consenting pert therein, or (a) yes connected with plans and enterprises involving the conatssion of the erize, or (e) was a center of an orgentention or group connected with the comission of tho orine, 4 further provision of thie paragraph, applicable only with respect to orines against pence, states that ths holdsra of high politicad civil or silitery positions in Cernany, of of high poritions in the financial, tndustrinl or econente ife of Germuy, are deeed to have committed such erines.eee — ee ________ This provision, wo believe, is not intended to attach criminal guilt automatically to all holders of high positions, Tt dees require, horever, that the Pact that a person held such a postition be taken into consideration together with all the other evidence in determining the extent of is knowledge and participation, Jn construing the provisions of Control council Jaw 20 relating to orines aguinst peace we mist take cognizance of the situation thas existed prior to the onctnent of this law and what the objective of th International commni ty was in defining this orime, An excellent and Jermed discussion on these questions is conteined in the opinions of the following eninent authorities concerning the trial before the International ilStary Tribunal, The former Secretary of State and Secretary of War of the United Staties, the Honorable Honry Le Stimson, in an article, "Tho Nuresberg 25 Foreign Affairs, 179 (Jamary 19L7), makes ‘these observations: "International law is not a body of authoritative codes or Statutes; it is the gradual ewressicn, case by case, of tho opal judgeenta of the civilized world, As such, it corresponds presisely to the common law of Angle—tmerioan traditions, We can understand the law of Mixemborg only if we see 14 for what is —a great now casa. in the book of international law, and ye a formal enforconent of codified statuters esr Tho attempt to moderate tho excesses of var without controlling war itself vas doomed to fatlure by the extraordinary gcientifte and indsstrial developnonts of the ninoteonth and tventioth Genturiese By 191l) the vorld had been intertwined into a cinglo ‘unit and Weapons had bean 20 far doveloped that a major war could Shake the whole striotare of civilisation, tip rules of varfare were sufficient to Limit the vast nev destractive powers of Belligerents, and tho Pins vorld yar mado it choar that old notions mist’pe abandoned; the world mst attack tho problan ot Yoote Tims after 1910 repoated efforts were made to eliminate Aggressive war a5 & legal nation) undertaking. These efforts poached thoir clinar in the Kellogg rsand Pact of 1920, in which 43 nations, inclnding Gormany, Japan and Ttaly, renoanced aggressive warfare. Tis pact vasnot an isolated incident of tho portwar eras During that period the vhele vorld yas ab one in dts opinion of aggressive war. In reposted resolutions in the League of Yations and clagshore, aggression waa roundly denounced ag eriminais Tn tho judysont of the pooples ef the world the once proud title of "eonquarer® was Feplased by the criminal opi theb "aggressors ‘The prograss mde from 1918 to 1931 was jalting and incomplete, but ite direction was clears the mandate fo# peace was overwhelming» Yost tragically, the peoples who had xencunced war were nob sufficiently alert to their danger when in the following yours the os Se eee+ Masi minds ‘the ruling groups of three great nations, in wanton denial of every principle of poaca and civilisation, launched’a conspiracy aguinst the rest of the world, Ths it happened that dn the ten years which bogan with the invasion of Iancharia tho principles of the Kellogg Pact were steadily under attack, and only’as. the Gangor came slowly hone to’each one of them individually, did the poace-loving nations take action against aggression, In early 1915, 88 it became apparent that the long delayed victory war at hand, the question posed itsclf directly: Has there been a war of ” ageression ani are its leaders punishable? There rere many theny as ‘there are soma now who argued that there was no law for this offense, and thoy found thofr justification in the focbleness and aoquicscence of other nations in tho carly aggression of tho Axiso Other counsels prevailed, hovevor, and by the Charter of the Tarenberg Tribunal. tho responsibls loaders of aggressive war were subjected to triel and conviction on tha charge of crimes against peacas, Foro vie cone to tho heart of the matter. Able lawyors and honest Hon have cried out that this aggressive war was not 2 crimoy Thoy have argued that tho Muremborg defendants were not properly foro warned when they made war that vhat thoy @id was crininal, Now in one sense tho concept of ex post facto law Ss a strange one to apply hers, beoauso this concept relates to a state of mind on the part of tha defendants that in this cage was wholly absonte tat concept is based on the assumption that If the defondant had ‘mown that tho proposed act was criminal he would have refrained from committing it. Nothing in the attitude of the Yasd lenders corresponds to this assumptions their minds wore wholly untroubled by tho question of their guilt or inocensog Not in their aggression only but 4n thir whole philosophy, they oxeluded the very concept laws They doliberatcly put thomolves below such @ concept, 10 ternational law == as to tho law of Germany —- they paid on such rospost as thoy found politic, and in the ond thy had smashed S wrory rule» Their attitude toned aggressive var was axotly » like thair attitade tovard mrder—both worecuseful instranonts in a grost designe It is thorafore impossible to get ary Light on the validity of this charge of aggrossivo war by inspoeting the ¢ mst study rathor tho minds of the rast of tho verld, th is at ones a loss revolting and a more fruitful labore What eid tho rest of us think about agerossive wer at tho timo of tte Neai attacks? This question is complex, but to that part of it the laglity of the Marosborg trial wo can give a "s That We considered aggrossive war wicked is clears nsidorad the leadore of an oj eavally cloar, Thoso opinions, in tha large par formally atbodicd in tho i Pact, aro tie basis for the law of Wuromberg. With th soning by Which thy prosoastion has supported the law sot forth in thi Chartor of the International iilitary Tribunal, Fo-sunno’ hore cancorn sursclvose The proposition sustained by the Sribunal is simple: if a mn plans a-gression when aggression has boon formily renounced by his nation, he is a criminal, Those who Wore concerned vith tho law of thie proposition cannot do bottor tian to read the portinont passages in the oponing addross of Ur, Justice Jackson, the closing address of Six Hartley Shancrossy and the opinion of the Tribuml itself, iow this is 2 now judicial process, but it 4a not ox post facto Jan, Tt is tha onforooment of a moral judgeont which dates back a goncrations Tb is a grovth in the application of law that any student of our common Law should racognizo as natural and proper, for it is in just this mnnor that tha camon law grow up, Thore ah | | | | i |was, somowhore in our distant past, a firet caso of mrdory a first case whore tho tribe roplacot tho victimis family as Judge of tho offandors Tho tribe had learned that tho deliberate and melicious Killing of any husan boing was, and mst bo treated 8, Bn offonso against tho whols comunity, The anelogy ig axacty 411 ease law grove by noir docisions, and whore tifos now decisions mitch the censciunce of tho community, thoy ar law ao truly aa tho low of mrdor. Thoy do not bocom ex post facto law maroly because until tho first decision and yuniehmont coms, « mnts only warning that hi offends is in the ganarel senso and fooling his fellow mons = tho of aggressive wer is unsound, therefore, only if tho commnity of mations did not boliove in 1939 that aggroselvo war Wes an offonso, Hordly to make such sucgostion, honovor, 1e te @iseard it, Aggrosaion fs an offense, and wo all know 4t3’wo have Jmoim it for a gonsration, Tt is an effenso so deep and hcinous thet mo cannot cndure ite repetitions Tho law ads éffoctive by the trial at Murnborg is rightoous Law Jong ovordie, It ie gust such casos as this ono thet the law bo~ "e distice Holmes called itz 'tho witness and axtornel doposit of or norah LifosT" ng his article, tho loarnod author stetess A single landaark of justioe and honor docs not mke a world of posse, Tho ari leaders aro not tho only ones whe have roncunsod doniod the principles of western civilizations Thoy are uniquo tha dagos and vielonco of thoir offenses, In ovory nation wixich aGquiescod oven for 2 tine in thir offense, thare were ffondars. Thera have boon still more culpsble offendars in m tions eh Joined before or aftor in tho brutal business of azgression, wo claimed for Murmborg that 4t ves fino] justioa, or that only hose crimincls ware guilty, wo miakt wall be eritieised as being ngosnce and not justieo, But this is not the clei, n prosscutor his oxplicitly steted thet ho loos unsasily great rogrot upon cortoin brutelitice thet h since tho onding of there has beun by itself 4¢ cloare tho Board, but rather in tho pattern it has sote ‘Tho four nations Brosocuting, and tho 19 othor subscribing te tho Ghartor of tho ntornational [ilitary Tribunal, hevo firmly bound thensolves te ‘tho principle that egrossivo war ig a porsonal and punishable Ts is this principle upon which vo mist henceforth roly for our loge) protection againey tho horrors ef rar; Wo mst novor jot thet under modarn conditions of lif, solenee and tochnology, has becom greatly brutalizod, and that ne ono who Joins in it, evan im sclf—dafonso. can esaspe bocoming also in a masure brutalised, Modern war cannot bo limited in its destructive sothods and in the inevitable dobascmont of all participantss A fair i ‘tho inlumonity of the wospons and methéds omployod by ssors and tho visitors, In order to dofoat" Jepinosa We Woro forced, es Adniral Nimitz las stated, to caploy of unrostrictod submaring warfare not unlike that which 25 yoars ago vas the proximte couse of our entry into ‘orld In tho uso of strategic air powor, tho Allics tack tho lve: of hundrods of thousands of civilians in Gurmny, end in Jopan the dostruction of eivilicn life wreaked by our 3-29!s, cvun bofore tho final blow of tho ctonic vonbs, was at least proportionstely. Greate Tb is truc thet oar uso of this dostructive powr, purticu= jasly of the atomic bomb, ws for tho purpose ef vinning a quicievictory over agrossors, so as to minimizo tho loss ef Life, not only of cur troops but of tho civilian populations ef our snomles as well, and that this purposo in tho ono of Japan was cloarly offestode But avon so, wo as voll as our onomies havo contributed 4o tho proof thet the contral morel problan 4s war and not its mothodss and thet a contimancn of var will in all probability th tho destruction of cur oivilizataneit International av is still imitod by intormational polities, and vo mst net provond that aithor cen live and grow without tho others Tub in tho fudgmant of Nurosbarg thero is affirmod tho” coutral principle of poaco —thit tho mn who mikes or plans to miko aggrossivo'war is a criminal, A standurd hse boon raised to vbich Amerieans, at loast, mist repair} for At 1s only os this standard is eccopted, supported and onforcad that wo oan novo onmard toa world of lav and poac Professor Joseur, writing on Phe Crims of Agercesion and the Future of International. Loy Solenes Qua 1, & G9h7) states: ” ots of tho precedant afforded by the trial of the wer criminnls which are nost importont for the futuro aro, firsty tia control of var vy Jaw and, socond, the spplication of inter ational law to tho individual, To appraisa tho importance of thoso aspocts it is nocossary to recall tha situation which me adisted and which may now bo dnprovod. Tho attenrt to dovelop an intormtioml oriminal law which will serve ae a detorront to var through the imposition of punishnont upon individuals bas boon @iscussed-etten before in acadomic hall and printed pages Tb has also been ably argiod Inintarnational comittoos. This is tha first moment in Mstory whon Getion upon such proposals ‘Le not only pollidcally possible tut nocessary, Ib ie tmeccssazy? boeause tho procodant will mot stand still, If so do not strengthon it and move it forverdy it will slido bac! Inaction by the whols soci oty of nations from now on veld constitute 2 ropudiation of the pro~ cadont with tho eonsaquanss thet tho lact steto of the world would ‘ba ers than ths first, Tt vould constitute an assortion that aggressive var is and that tho dndividaal who de guilty of endangering the antornation:] public raposo is not te bo troatod 3 3 eriminal" 5 ‘Tho advance mado dn international law by the triol of individuals for tho comission of crincs agcinst Poaco ds stated by tho learnod author in tho following tome: Mthoreas tho traditions) intsenstional system put the burden on ‘the stote to rostrain tho indivdducl, tho procadont of tho trial of tho war criminals suygosts th:t prossuro in the form of foar er pinisimont should be pui upon individuals to restrain tho stato.” Compare Vochstor, Tho Tssues of tho Nurnberg Trial”, 62 Poldtdcal Selance Querterly 11 ITs "Tho graitost evil is of courso tho Initiation of var itsolfs Onco the avil of war has boon precipitated, rothing ronains but tho fragile offort, oxbodiod for tho most part In tho conventions, to Hnit tho eruoliy by which St is condictods oaProfessor Wochsler stetes. tho samo principle differently as follows: "Tho assumption of domostic socioty that punishment ia a provortive woapen is not as irrelovant to Antornstional behavior as somo Parsons soon disposed to affirm, Insofar ae the ponalty oliminatos 8 dangor prosontod by tho particular individual bandly a objective of indifference to military occupstion — tho function 4a no Joss plain in this situation than it is in mumicipal affairs, But ‘the dominant Justification of punishmont, especially of the : Punishnont of doth, is usually folt to bo the deterrence of othores snd hore 1t has beon assorted tht tho justification mist foil bocause victory carrios immunity whethor or not the victor was ‘tho oggreesor and whetovor the ‘ensures by which victory was attained. ho angonant tas a dogrve of vclidity tut it does not prove. oncugh to proveil, Trossony too, is punishable only when it io abortives hon ft prosparst 2s the old verso goos, thong Garo och it tressont; 4% is tho traitors who call tho turn, Mith-respoct to var and tho mmnor in which 4% 18 contietod, as with respect to trozton, tharo are mon who, valuing porsonsl survival, will take ecount at tho contingency of failure, It is to thom that tho.” throats aro addrassode' (62 Folitienl Solonce Quarterly 32, 16, the Issues of tho Wurmborg Trials") In tho light of the history and purpose of Control Council Law AAO, we susgast thot tho Tribuml approach tho matter bosring in mind ‘tho principles which th late Ohiof Justice stone ins suggested as being proper approach to matters of this sort, In'an address delivered in 1936, on "The Comon Lam in tho United States", the lato Chiof Wustieo in speaking of the Judiciary statod: (50 Horvand Law Roviow lip 22 (1936), “There has boon little disposition to lock at our ow shorts somings in foiling through adzption of old skills and tho develoment of nawooneg, to rotlize nore noorly than wo havo ‘tho idoal of a unified system of judgo mds ond statute low woven into a soanloss whole by thy process of adjudication, Tho rocoptisn which the courts havo accardad te statutes Prosonts a curiously {llogie:] captor in tho history of tho common law, Notwithstanding thelr gontus for tho gonoration of now law from that’ already oatablishod, the comen lov courts havo giyon 1itt2e recognition to atatutes as starting points for daeiefo) lemacking comparatio to Judiciol decisions. Thay hava Jong recognised tha supramey of statutes over judgeande law, bat it has toon tho sufromicy of a comand 40 be cbayod accor sting to dts letter, to bo treated as othonriso of little eonsamuoncoe ‘ho fact that’ tho comand involves recognition of a poldoy by ‘tho suprena lawmhking body hos scldom been regarded by courts 2s significant, cither as a social datum or as a point of departure for tho process of judicial rotsoning by which tho comon law has expandeds, te # % I oan find in the history and principles af tho comon inw 29 adequate reason for our frilurg to treats Stabits RIOR BFS ts ao (oh and a source Of Taw, and aga proslso Tor fogel reasoning, «9% Apt from To command, the sooist policy end Gideon’; aieressod in Lorislation by tho Jaw malcing ogonoy vitch is guprom would soon to merit that gudlciel recognition which is frooly aecardod to tha Lika axprossion An judicial procedont aoSERIAL TSSEDNSTOTLINY OF Sogciniap “PRIVATE ErSOIS 14 4a quite closp tee gontrel. coune!a zy te, 10 aacggnizee ne Gistinotion betyain "private ponsonal and Myovormmgnt offieictet Paragraph 2 of Article IT ef Taw tiog 10, in clouso (f), after making reference to parsons who Tal ‘hich paldtteal, e(vit or military! Positions in Cormry, contimos by micing refsrwnce te parsons wha hold Meh posttlone Min tho finihctal, industrial or cconomic life" of Germuny, Porsons so doseribod unquostionably include individuals such a8 those dofondantes ‘Tho world hae exporionced and understood the motning of "tatal vans Tes plain thet dn ths 14pht of sash oxportonco tho tatornttom community Intends to got to tho bapie Hrubloa and to reach through tho egel prosdts, GIL parsons who dn a substantial way conbeibutod to Planning and properetion for the wmgin; of aggressive war and Anvasions of other countrlos, Any construction whitch vould confina or limit the Parsons subject to Cinos ageinst Ponsa, to those who only hold high politiesl or milita 2 mocninghoss tha objective of position, veld m sooling to provont var by the cpplicction of logel senctions to indivi ducl poréons, Te is a matter of comon Imododga that total var roquires a tro mondous proparation which could not be dono ty polities) or military officials Ros Tho Tntcrnationsl 21 tary Tribunal so indieated in, its opinion, stating: (Vol, 1 Pago 226) "Kitlor could not miko agsrossive war by himself. Ho had to havo ‘tho cooperation of WOT: # Tho Goncral Assoxbly of the United Nations adopted a resolution Fosding in part as follons: “affirms tho principles of international law recognized by tho Charter of ths Mirnborg Tribun=l and the Judgnont of the ‘Teiburals Direct tho comi ttoo on the Codification of International Law to trost ag a mittor of prisory inportaneo plans for the form Untion, in the tact of a goncral eodifdeation of offfonace cgainet tha peace and security of mankind, or of an Internations] Criai— hil Code, of the principles xecognited in the Gharter of the Murnborg Tribune and"in th fudgmont of tho Tribus", (Journal of the Unitod Nations, Nos 555 Supps A= A/P, V/55, Pa lB5, cited in 62 Political Scionte urterly 2 (1917). Ie Se eeof thon 4f thoy Imomihet thoy wore doings Tht thay wore asetgned ‘to thts tasks by 2 dictator doos not cbedl.vo tham from responsi bility for their actsy Tho relation of loadar end-follower dooe pot Procindo responsibility hore any more than it dos in tho comparable tyreny of organized domostic crimas" | eeSSSENNEAL ELEMENTS OF GRIMES sGATNST PEACE Tt 4s the position of the prosteution that, as in the ease of most crimes, the Crime against Peace requires both an act and a state of nind, Jn our analysis of the evidence relating to Count: I, we will discuss three basic questions: (@)_ the extent af participation of the defendants in thé planning, Preparation, initiation aid waging of wars.of aggression and invasions of other countries—the act in the Crine against Peace. (2) the extent of knawLedce on the part of the defendants as to what they wore doing—the state of sind in the Grime against Peace, @) sd "defense" of sunerior orders and coercion. he S000 of Grimes auninat Pesce ithout attesuting an allminclusive “definition® of what 19 covered under Crinea against Peace An Control Council Law /10, it is aubaitted that under the principles of international law and the provisions of Contral Couneii Len 10, Crimes against Feace comprehend atleast the following: Any person nithoat regard to nationality or the capacity in watch he acted commits a crim against peace if he participates in furthering the ailitary power of country, inoring that, such military poner will be used, or ia daing used, for the purpose of cairying out @ national policy of aggrondisesent to take from the people of other countries their land, their projerty, or thoi personal freedoms. Th isnot necessary to cefine precisely what constitutes and shot does not constitute participstion in furthering « country!'s military power for the purposes indicated, It is sufficient here to state that anyone who bears 2 substuntial responsibility for conducting activities which are vital to furthering the allitary ,owes of a country lparticipates! within the meaning of this definitions In the words of Mi. Justice Jackson in his opening eddress before: ‘the IMs ‘phis wer did not just happet. Tt vas planned and prepared for ‘a Jong period of time and with no sll skill and cunninge The world has perhaps never seen aich & concentration and stimulation of energies of Eny people as that. nhich enabled Germany twenty years after it yas defeated, eSdisarmed and disamered, to com so aéar to cainying out ite plan to Aomirata Biropel Meatoves else aay be aatt ct Cote erie ene be cabaret of this war, tuy dia acilowe a elupendeas work in srpeuieation es Financiers, ccmtaista, industrialists, qolnea in the slats and reacted elaborate altcrations in industry and finance to support the unprecedented Concentration of renoarees ant enargies ugen preerecions for soe Those preparations ware of a magnitude which sirpassed Gil teed fr do fanse, and every defendant, and ovary neelidgent Geran well uatoretood tit tous to age ee ‘The individuals who have boon charged dn this case with partis Pating in Grimes against Poaco aro those who were responsible for the activities of an organizsbion vhich has boon described by the Four Major Powera as follows (Control Counedl Law 9): "En order to insure that Corsany will mover again threaten hor neighbors or the peace of the world, and taking into Sonsideration that 1.6. Farbunindustrie knowingly and pro- minently engaged in building up and maintaining the Corman war potential. and by the determination of the U.S, itary Governor for Germanys (Goneral Order 2): "WHEREAS, L.G.FARBSUINDUSTRIE A.C, playod a prominont part in building up and maintaining the German war machine; MWHEREAS, the war-nalding powcr roprosonted by tho industrios owned and controlled by I.G.FAREENLIDUSTRIE A.G, constitutes a cajor threat to the peaca and socurity of the postwar word Stato of Mind This is the knowledge that such military power will be used for tthe purpose of carrying out 2 national policy of aggrandizencnt to take fron the peoples of other countries thoir land, their property, or their personal frocdoms, It is sufficient if there axists the belief that al- ‘though actual force will be resorted to 4f necossary, such purpose will. be ‘by using tho military powor morcly as a threat.” acconplis And 4t is not ossontial that tha afondants know procisaly which Country will be the first vibim or the exact time that the property rights and jersonil froedons of tho peoples of any particular country will bo FSeo Vol, 1, trial of tho Major (ar Oriminals, Under the heading "the Planning of Aggression tho Tribunal stated, at pago 191, — the defendant Racdor tostitiod that neither hey, nor von Fritsch, nor von Blosborg, believed that Hitler actually moant war, a conviction which the defendant Racder cleina that he hold up to 22 August 1939, Tho basis of tris con— victiion was his hope that Hitler would obtain a tpolitical solution! of Garsary!s problens, But all that this moans, whon oxamined, is tho bolict that Gernany!s position would, be so good, and Germany's armed might s0 overwhelming that: the torritory desired could be obtained without fighting for itm e ‘victhon was his hopd thet Hitler would obtain 4 tpolitdsal.under attack, It is eufticiont that tho dofondants know that tho military powor will bo usod undor the circumstances indivatod for tho purpose of taking’ away from pooples of thor countries that, which belongs to thes, D.. Supsrior Ordurs and cesreion Insofar as tho so-callod doctrino of "superior orders" may bo involve in this caso, it is governed by Taragraph k(b) of article I of Control Council Law J 10, which ia cubstontially identies] with Article ¢ of the London Chartor, and providos: ‘tho fact that any purson acted pureuant to the ordor of his governmont: of of @ superior docs not freo himsolf froa ro- sponsibility for a Gino, but may be considsred in mitigation.” Tho principle of Ysuparior ondors! has baon aost froquontly appliod and intorproted in military casos. Tho TM considered these aatters in the Gescs of Koitod and Jodl, and it was hold that tho fact that thoy wore acting undor crdors could not unéor the circumstances oven bo considered by wey of mitigation, because of tho farrecching and obviously criminal charactor of thoir acts, (Vols Ty Trial of tho Major War Criminals, ppas 291 and 325). If euch military officers wors in no position te clata the boncfits of "sugirior orders" oven ty my of nitigeticn, it is obvious the defendants Ln this caso could make no such loin, Any suggvetdon thst the actions of thoss defendants were under Neoareion" or "dures hie boon wl answord from a legal standpoint by tho Intornstional Military Tribunal. The argunont thet persons Living undor a @ictatorship arv not responsible for participating in tho orincs of thst, dictatorship was aisposod of by the TH in"the following Language (page 226 of the opinion) tho arguaont thet swh comson planning cannot arist whore thoro is complete dictatorship is unsound, & plan in tho axccution of viich 8 nusher of persons participste ip still a plan, ovon though Conceived by only ono of thon; ond thos who axteuto the plan da not Syoid responsibility by shoting that they ected under the airostion (Of tho man who coneaived it, ition could not make aggroseive war by hinssif. Ho had to havo tho cooporation of statesmen, military Leaders, diplomts, ant businoes mon, hon thoy, with knowlotge of his dine, gavo him their cooperstion, thoy mato thonsolvos portios to the plan ho had initiated, thoy aro not to bo doomed Tnnocent, because Hitler mde uso of thom, if thoy know what. thoy were doing. That thoy wore assigned to their tasks by a dictator oes not absolve thom from rosponsibility for their acts, Tho relation of leadr and follower doos not proclide responsibility hor Soy nore then it dose in tho cosarable tyranny of organized dopostic crim." - -u-What the Intornation:] Idiiitary Tibanal stated with respect ‘to the Lendan Chertir, is equally appliedtle unior Law No. 10 (at pa 223): "esestho vory opsence of the Chertor is that individuals have Antornational @utics which transeont tho national obligntions of obodionce Imposed by tha ind‘viduel Stata. Ho who violates ‘tha iaws of war cannot obtain inmnity while acting in pursyance of tho suthority of tho State if tho Stato in auttoricing abtion moves outeide its competence under inturnational Lar."She oviioneo which bas boon prenonted ty tho prrescution ostab- ishos Ht tho difomiante participated 4n O-too cgata Feece dns cm dan cf significant weym It is wt necaseary tr doctde whathor or mt each god overyrne cf thoso activities ovustitutos in iteolf partictps— Vien in crimes egainst eace . Suto nf than, ve believe, constitute uch perticipetion withiut oneidering the cthore, but corteindy 4 of thon tegothor crasti tute partieipatina unter any conceivable sane of tho werd, Although fer yurpeoss of ovnventones in promsating tho mbjoct matter, Wo havo aub-divided tho ectivitios of those dofondante in pam Souler cotog-riog such as thoir holp 4n bringing Eitlor te por; tholr evrporation vith the Nokraacht; thoir participatirn in the oom ponte wbilisatinn of Goraany for ver including tho Zur Yoer Plan} their aotivitice in cresting and ogulpping tho ast wer machino; thot stockpiling of strategie Ver mctoriele; thelr ectivition in woakoning other ovuntrise; their propegenta, intelligence and expirmge activi- lee; thodr Financing cf tho Mast party and ite nrgent zations; tho clveking cf tholz ascote abreed for war purpraca; thotr ectivitios in plundering sll of Surrpo; end their activities an cennectica vith tho Blevo labr program of tho lasi grvernmont — all of thaws facte, al— theugh provontod soparetoly, ero nt to bo e-ntidored soperatoly= What vo bavo in mind io porkaps hotter otetod ty the United States Suprons Gurt in a caso invelving an indictmnt fer e-naptracy te vielete tho auply lave ef the United Staton Althrugh the opin Arm dealt vith tho mdjoct mttor cf crnepiracy; tho Language cltad onprosios «ur thught, Thus, in Aserisan Shtaser Comany ve, Unttod Staton, 3261S. 76 (1916), tho Gurt at Page £09 state "Xt de ort the fret the eimbinaticn or. tho partie uuler moans used tt tho romlt te bo achieved that tho Statute ornioms. It emt of dmertanes whother the Honus usod tr acoraplish the uslavful rbjoctive are in thondalvos lawful cr unlawful. Acts dno tr give offoce te tho cengpireqy may do in thomtolvce winlly inaccont acim Yet, Af they exo part-cf tho mum of tho acto which ero Teliod upon ti effectuate tho ornepiracy hich the statute ferbide, thay onze within ite prcht— itiim % firml agroccont Le nocoscary tno metdtute en unlawful conspiracy, (ften crises aro a mttor of Anforonce deduced frm tho ects of tho porsnn accuscd SE ee eeand, dine dn gurmenco t/a exintndl purpes “> * Vhore the clreuistencasero mich os te warrant a jury -in finding fiat tho coneptzaterg Lad a untty ef pumped ove oon desien ond univestanting, ora sovting of minée in an uh Uexiel arrangonnt, tho craclusion that « crneptrecy 4e ostablichsd de qustitiod,® 5 ) Hasciad Gippett of mtenor ate tent Barty te tino whon tho linet Farly vag dn a critical stato (S60 dui sant ef Intornatinsel Miltery Grits, Pago 177, Be Pesos cop20ly ~ Teh 33, W522, 31 3 pogo 52 In Rgve 266, 267) end aowi thetante ing tho ixoct ‘mrvlotgo vhich tho dafendents bad af tho Hitler programy Mey novertholoas gave thoi oupynt ty eontisvuting too, 000 Rot chenezka te omblo Hitler to acquire power at the coBing eledticn in March, 1933 (Sate 36, 50439, ek 5, py Gey Eh 57, D23, Bees, p Gly Bn JE, DOH, Bene 3, pm Thy Beh. 53, WENO, Bek 3, Pago 75, Sr Pages yl HG: Bch, 55, G55, Bek J, Fogos 101, B. Pages 37, 346; Mahe 56, Fah, Sev 35 Fags 112, Bre Pogos 346, 349). Tho financial ouppart thus given ty Jarbon alrng vith other Andustrialiste cratrituted te Ht Jor!s eotmaro end eonanisdation of grwore Feiliwiag tho eecestira ef power, (roferted to in tho IMT jude mont, e8 tho parind rf #Sotmure of Pivor at Pagos 176-178 and tho gub- He events daring 1953 and 1934 (roel tod in tho TMT uagaont unde: "Cene*Lidetien of Pvar", Pegos 176182), it bocano apparont that the internal p'liey of tho nev Goren gevorasont Wes based ox tho use nf force os en instfusont of @ prligy of nations aggrandizommnts it withetanding tho forogring, Farbon mide cubstantial fiminelal onntrita- Hira to the Yast Party over a porind of years, th tho Adeaph Ritter Pond Ct oontrizated frm 1933 thirueh 1964 15,000,000 Raichesarke (Sh TT. MIH056, Sore 4, Pago li, tr, Page 363). Stal eontributicns ef ever 0,000,000 Roichesarks wore mado to tho Maxi Party ani tho varias party orgentestions ver tho sameiporind rf thos (Seu 60, 13-9200, Brkt, Pago 26, Tr. Rego 364, 365). e Unly the crntritutions tc the winter ald echono (Wintezhiite- work) end the crntritutien te tho Adelph Hitler Fund of Gorman corm ay ware bead en cortein ratoe fixed wy the vrganteatinns of Gorsan oecaiy (BA SD, mapra) AL dnpertent oontritubicns t the party end cthor politicalgitte dad w bo ritltied by tho tontral Comatttoe nf tho Voratend whtch reported & the Morking Onmtttoo-nf the Vorstend befero 1956 end after 1936 to tho Vorstand (fen 78, NIUEGS, Bik l, p520; Beh 79, Mss, Bick 4,» 22), g (2) Gorperaticn with tho Wohraacht rm 1933 tr 1939 Farbon worked elnsoly with tho Wehrmacht build~ ing up Goramuy!s ailitary might, ho evidence under thie mubéiviaten ~ Steam the creation cf a silitary Meteon office in Ferben oxpedito dsalinge with tho Wekraacht, the proparation of abilisatien plans, and othbr related eotivition, Thie ef£ico pleyod an imprrtant elo 4m all cf Farben'a propare= tions for arhilizatinn, euch es alr retd prociutiene, sb plane fer pre ductinn, wer delivory contracts, military mop omroison (var games), tocrot silitery patoats, ateck piling, ote Tho ort poratina betvenn Farbon axd tho Wohrm=cht Tecazo an elese 1a tho latter part of 1935 thet Jarbon found {1 nocoesary t ostatligh dn Borlin a military 11 mn 5 Soptesber 1935 tho defen dant Krauch informed all Wnrks Crmbinos and nthar important Parton egom cies thet the Contral Comittoo led decided t create a "Wer Zorneny Contes) Gétice o£ tho LG for all matters of aildtery ooomway end cue tons of military policy,” tho Versi ttlungatello Win Zorlin srlpo2, Be 5, p60; Bm 99, MATH], Be 5, p TT) ro purpree of the Yormit tlungestello ¥ wae dovcribed in ita firet work ropert of 31 Decomber 1935, ae fnllcws: (Zxh. 140, 31-2638, Be 6, p 28): "Oo etue of this werk 42 tho Wilding up ef a tient cream tuatinn fer tho armasont in tho 1,0. whieh cruld to insort~ Ga without dzPieulty in tho oxiating crganiaation of tho TQ and the individual planta "tn casa Cf war, Jos will vo trontod by the autirrition concornod with Greabon? quostinns ae eno big plant which Ve tsk for tho arcamont, aa far ag tt is possible tr io fron tho tockniesl puixt of viov, will rogulate it F without exy sreani zations) influence fem rutaldo. (iio werk in tile direction was in prinotpls egrood ues with tho idnietry cf Wer (Boichskriogemini etorium Wohr— wirtachaf teamt) and fren this cffico with tho Minietry of Beige "In cleso crllabcratien with tho Minleter «f Wer, it vae provided that tho werk cf the LO. shrulé contern with ho gonorel devol-pavat and in acccrdance with tho rulos agiven ty tho authnri tion with rompect to its roguirononte,” Within tho Vornittlungestolie W three difforent indopontont nf- Ficos wporatod, namely ono for cach ef tho thras "parton" (Wain Depart Zach of thoto threo offices wes responsible t« the rospectivo Sparte Hood, thet dn for Sarto I the defontant Ermch, end aftor 1938 tho defendant Schnotdar, fnr Sparto IT the dofendant Tar Mor, and fre _ Sparte TIT tho dofenient Gejowakt, (xh, a2, WI-8523, Be 6; p33) Rio defense souk tr miniaizo Yho impertenco “f tho Yermittlunge stelle %, Tho stetosont rf tho dofendent ven Schnitelor ise suffi- ciott anmor, Ho atrosed that tho fact "that ono of T.G,1e'firet toch nical son, Prefeesrr im. Carl Kraych, wae mdo bond nf thie eootion! oral act bo oxpledined Af thie section "woro ov unimportant as my tache aledl ocllosguct say." Ho vont ent "in ay (wn fold oF domain I would nover havo put ono of my firet mon .cn en uniapertant job. let ealy wes Krouch plecod t hond Yoruittlungsstolle W vhen 1t was created, tut Whon Ereuch vas transforrod te cthor jpbs he was euccosdad head of Yorsittlangestalle W ty Gastar won Barenning, Whe rod a first-rate tocknician and eno of 1, Farbon!s ry leadore,” (Behe 18, HI-5I97, Bee 2,767) 936 tho dofondent Ereuoh osteblished @ spocial Socurity Soo tion within the Vornittlungsstelis W end ieesed dotetlod directives fer countorintolligoncc (Zit 145, 3H1979, Ha 6 Fe Sle)e A12 temper nt 1G, Farton officials oignod doclaratinna te tho Vernit tlungo- stelle Mt the offoct that thay woro acquainted with tho details of military comenie rrganizations anf that they would keop eccrocy. (Bt LMG, MANE7E, Ba 6 B 52; Beh 1N9, HI-703, Bu 6, % 62, Flodgo of Secrecy rf Schmits; Hh 153, MEbig2, Ae 6 Fe 17, Fledgo of Sooroqy Krauch)+ As osrly as Fobruary 1936, Ie Fasbon previded for spo- cial eorconing nf frrolgn werkors, epocial aocurity moasures ty bo ta~ kon for vinite of foreignore and dnercasol wocroay Zor oo-nenie oust ‘Vienmairos end ctetdatical publications, (sh 150, M264, Ba 6, 64). Ghomo accuri ty measures Wore increased and intonsificd during tho youre 1937, 1936 end 1939 and tind roschod’ aich an oxtont befers the var tad breken cut that tho actual utbrosk rf the ver aid ant neconsi— tate ny dev monguros Jn ths fold of sacurity. (Bhs 151, HH9S5, ake 6 Be 68}, Bey 156, NIIIZT, Be 6 F 90s sou Rebiblte 156 threvgh ae<< 265 4m ork Ge Thore was intonaive conporatinn botwoon Jarbon and the Wehrmacht 4a tho field of dnvontinns ant research, Tho defendants wen Interim, Hoauch, tor Voor end Ge jowski elong vith vthors vero sont soerot ro~ prrts cn those attors, which included @isaitsion of Farten!s conper etion in statomwnod shedrw Zactrrios (xia 165, 31-5634, a 6, F 225), Starting in April 1933, I. @ Farton organtzod ofr raid pentos— tien of all ite plants and tho defendant Jachno tork @ leading part in ou0 properations, (Soa Bxhivate 170 thrrugh 26, in Bok 7)+ In terch 1936, tho dofondants started te coniuct "mp oxorciace! et War gatios! at tho set imerteat Farbon plants in rrdor te tost bv thous plants orld bo pr toctad against binbing in caso of war and. hase map exorei ses woro hold in tho prosonce ef tho then Grinel Tunes, Chiof vf tho Military Eomnle Staff, and nthor high nfficors, (eam, 102, MEAS;ZL, Bok 5 pe Ej Beh 29, MLEEG7, Bre 5, p18; Exh 103, HIAIG19, Geek 5, m 66; soo Exhibits 163 threugh 190 in Ink De Starting in Fobruary 1936, the question of mbildeation for war end the production in cago ef ver was discussed contiminusly Within tho erganisction of Farben ty tho defendants and ether Farbon offictels (Babe 191, I-§800, Beek 8, p10; Exe 192, NI-TH7S, Beek 6 p11) In bareh 1937, 2 ernforonco vas hold Wy Farbon specialists for mbil~ Azation quosticns in which it was stated that evbilization plane for Farbon bai to 0 eraplotod ty 1 duly 1937 (Ba 195, ¥I-6609, Fk 8, p 12; Bea 195, MI-8608, Bak 6 p 17; Bem 196, MI-B607, Inok & 1g). Tho Besse preperation for tho anbiltzatinn plans in July 1937, vas dorolped end craploted in Septonbor 1937 (Ext 197, MENEZ, Beck 8, 1), Tht only tho "tochnieal" aontore of the Yorstand such oa Ger toot, Huchne, Jachne, Hvorloin, and ¢ thors porticipated actively in those arbilizatinn plant, bat alee tho "eonmorcial" sembore nf the Yorstand, such as vin Schniteler, Ngnor, and Gateimoay, terk an ac— tive role (deh 195 through 200, Book 6), In 1937 and 1938 all of Le G Zarbon's plants vore givon their production taske after the rough Siucuseinn of the poeaibilitise of prrduetinn in case of wer vith roprosontetives nf the deich Var Kinietzy, Roich Hnietry of ate sive cole (axk 198 threugh 200, Beck €& In 1937 and 1938 all of.Zcenrnics and Zaichestelle Ghontstry (ich 201 through 208 in Zhek 8). An 1938 tho tirat var dolivery contracts wore cencluded botwoon tho var deus Farben factories and tho lecal military eernrmy offices (S00 Exh 220 thrvush 212 in Fook 6). Tho preparations for tho mbilizatinn woro sentimod fn an ovor increasing dogroo during the yoer 1938, during which tim e21 of Ferbonts plants vore proparod thereughly fer tho prom @uetion in eso of var, (S00 xh 213 thra 229 in Be 237 ‘thre Oli) in Hee 6 end 9). Tho last fov days before the vutbreak ef tho Wer skrw thet Ferbon was thorvughly proparod for tho caso of war and that tho invasion of Foland did wt crue te the defendants as @ surprisa (n 26 August 1959, ‘bon's Levarkason pleat recsiyot ® secrot Lotter frca the Midi tary Zovnnmies Lepartaont Tnostolénrt that al porcnanol in cilitary iper tant pleats kad to romain on the pb end dotatlod dnstractions vera given fer the sossures to e taken "for the duration of nilitary noceurca's (2x, 260, WIAHE35, Bo 9, pe LOL. Un 26 tugust 1939 tho Yoraittlusgestollo W sont sat a teletype to tho Farben plante infers ing thos that tho Yorsittlungestelle ¥ omald be roschod ty tolopbone ani teletype va a 2 tour tasks and printod rut that tolotype was to bo usod in proference tr anything oles "bocause of ascurlty and spood, transuissicns ¢f nove? (Ax 262, MIM6776, Be 9, B 105)= Gn 50 August 1939 tho Mldtary 2ouurmios Dopartoont Kessol ismod to Farben Hrochst plant tho nocoseary shipsont pepore fr the firet 1 ays or the orbilization, (Bihe 263, ¥I~7382, Ba 9, p 106) on tho war with Groat Britain and Franco brrieo out om 3 Sop toader 1939, LG Farben nosded only @ sizplo tologran trem Vormitt~ Yongsstolle ¥ wo tho HBA dure stating that Yormttlunges tale ¥ ted boon instructed fer ante th aviteh at nneo tr tho prre ductien rutlined in tho avbilizatinn progras!, and on 6 Soptester 1959, Versi ttlungsstollo ¥ infersed tho Farben plants thet the war delivery contracts ecens offestive Amnadiately. (xu 266, W-6662, Ba 9, pnb).Ge Four Yeor Flan and seononic wobiLisotion of ormany for Wars tho first ncasures taken by Coaring 4n Way 1936, after be had been ‘appeinted coordinator for ra mterials and foreign exchange by Hitlers ‘ere choarly aimed to asmuro the row materinl requirements of the Wohmnasht, and decisive for ell discusstons was the so-called Caso A (Pell), thet 10 tho cose of wary This io shom by tho nooting of tho Brperts Committee on Raw Materials Questions on 26 by 1936 in which the Mafondant Scbmita participated together with tho key men ef Gorman Preperstion for wary Gooring, Keitel, Koernery Keppler, otc. (Eth, 00, NI-5360) Bis 19, P, 1). Tho dofondint Kraus, who had already oubaltiod te the Reich Air Ministery, which ms hosded ty Goering, a four your plan 82 osrly oe Soptesber 1933, was put at Gooringts dteposal by tho thon Chairman of Farbonts Vorstand, Dre Boschs (Exh. 102, 11-10386, Bk 195 Pe 73; Bike 138, TB, Bie by Pe 165 Beh L3T, WI-G768y Ble 20 Pe 63), Tho dofondant Krouch was given tho kuy position in Gosring!s now staff for eterisls and foreign cxohangs, the dopartnont Research and Developmant. (Sxh, 26, HI-U703, Bke 20, Pe 2)» Shortly after tho Gofondant Krouch had assumed his fmoticne in Gocring!s staff, ha ovlled for a zoport from Farben on its contracts with the Relchy dncluding Ferbonte Leuna contract during World Wer I. (Exh. 679, MI-7633, Bke 32, Pe 1). Tho defendant Krauch took with him tho tro most important men of Farbonts Vormtttlurgestolle W, nauolyy Drs Ritter and Dre Eokslly (Bric 07, NI-SI12y Bes 195 Ps 67). In Aly 1936, two months after Kraush had taken a key position in he goverment, Hitler in a nasorandum to Gocring outlined tha basis of ‘tho Four Your Flan wich vas te propire Gormany for war. This mexorandum Steted in part (Exh, 111, 11-958, Book 19, p, 93) "Et is not tho ain of this momrandin to prophasy the-nonont ati widich tho untonsblo situation in Europe will roach the atage ‘of opon war. Tha oxtant ahd thopsca of tha military exploitation our strength cannot be too mich or too rapidy Xf mo do not succoed in dovoloping the Gorman amy within the shortest period to be tha first ary in the world with rospoct to training, sotting up of*unite, oquipmint and abovo all aiso An Lie spiritual eduestion, Gomany will bo lost rl ge nae gre Se eee ce er ee ci ean mn nce t es pena ee‘he definitive solution (df Gerany!s econante #ituation) ioe ta anlexteniion of oor 1itlby past, ‘tie, da extension of She Fav seterials amt foot badis of our uation. Tt io the task of the political lesterahtp to solva this question st ose future tines Much ore inportent, however, is to prepare for the var during the pence. Tt Au not cnoueh''to establish fron tine to tine the ray material dr foreien currency Balance, or to epaak of preparation for var sconsay during peace tino, but 1t 4e noceseary to provide ell thoso needs for pence tino food aupply and above all for warfere. The Gercan motor fuel production aust now be developed vith the utcost speed and brought to the definitive completion within 18 Fonths. ‘hie task cust te hentlod and ezocutod with the sane deters{nation an the veging of war Thenase production of’eyathetic rubber mst wo also organized and cocured vith the saxo rapidity. The affiteation that the procedure might not be quite detercined ant similar excusox mat Rot bo heard fron now on. Phe queetion unter diecunsion 1a not whether we will walt any Longer stherwlee the tine will be lost ani-the hour of danger vill take all of ue unawares I herewith set the folLoving taal 1) Toe Goren aray must be rondy for combat vithtn four years. 2) The Goraan oconony must bo mcbllized for war within fomr years. | Four daye before the formal announcosent of the Four Year Plan by Hitler, Goering stated in the mocting of the Cabinet on 4 September 1935, vith Blomberg, Zoornar, Keppler and others present NIE war should break out tomsrow we would be Zorced to tale Beasures f70n which we aight possibly shy away at the present monent, ‘They aro therefore to be taken. ‘***A11 measures havo to be taken just as {f vo wero actually dn tho stoge of ininont danger of var." (Exh. 412, BO-416, Be 19, p 114). 2 17 Decenber 1926, Go¥eing made a epeech before the ost important German iniustrieliets at which the defendants Kraush and Schnitsler and the deceased Dz. Bosch were prosent. Eo outlined the purpose of the Four Year Flan (note the similarity to Bitler's mosorandua), ox€ otated: "Our wnolo nation 1s at stake: ve Live 4m a tine ven the finel battle 40 4n aight; wo already are on tho threshrld of mobilization and ve are clrealy at war. Ali that te lacking actual ehocting." (Exh. 421, I-05), Bk 20, p 9). ler also spoke. The defendant Schnitrlor gave a "highly eonfidontial report to the enlarged Farben Connittee on Goering! s and Hitlerle speach of 17 Deoenber 1936. (Hah. 422, WI-S9S5, Be 20, p 14; Exh. 425, NI-4192, Be 20, p 15). Sette Maasai omei | Schacht, who had been very active in the early rearsarent phase detwean 1955 ant'1935, lost tis influence in fighting actively ereinst excessive arzanent policy vhich restlted fron the Four Year Plan (Oestosel text of the Trial of the Mejor Wer Criminals tefere the IT Yel. Ty pp. BO%md06) The ettitude of Schacht, who wes an ardent supsorter nf Eitler between 1955 end 1955, shove that nen of financial and covnanie exerience sew clearly the dangere involved in the Four Yeer Plan and the excessive Toran-ed oxponsion of oroduption facilities, particularly for syntheticn”. Another crew of tmonrtant early ounperters of Hitler! s regine, nansly Thyasen end other stoel Andustrialiste, refused to cowerete da the expansion of oreduction fectlitias for the Four Year Flan, on the Basie that 1£ was wneconsnical. (Erk. 682, WI-9655, Bk 82, p 45). 17 An June 1938, Keech went to Koerner end Gnering and pointed sut thet the leaning of bie euperior, Cnionel Loch, vas based on wrong figures and that 1¢ was dangerqus tr plan fcr a var on the basis of such Heures. (Beh, 487, BI6762, He 20,p 63: Hah. 402, WI1AGE6, Bk 199 p73)" Grering thon esked Zrauch to si + supra). i General. (xh. 80 coat what powers would bo q necessary for bin 4n order th take rver the chemical secter as Plent. potentdary plant Antrrs for hie: rocorcon Therewnon Krauch requested the et | dations for the executing of a now procran for the productinn of chemical warfare azents and expinsives in Gercany. Ths defendant Anbroo recomcented thet "one fully respenedvle enmpetent office for ratters related to the || now projects of the army® should be croated; and sugreated special powers = tn one of his pre-triel interrogations, (Beh. 437, sure), Krauch sold fnerner among, other things the following: that be told *T iow that these f4rures are wreng. I was talking a week defore with Yajor Lneb about these figures and I trid that there 1p erect danger in giving alp this tine wrong fiquree to the Gopernnent, It may be possible 4f one deckding sen imows about those wrong figures and he 4s thinking aboot wary he vould decide agaizet it. If ho knows we are not indovendent in the war ke would deéide acainst var. There is a great danger in the wrong figures quostion, Thon Koerner told this to Grering.* ae Waciks would detiée exraduut War.for tiie new agencys asbros stressed that tho "roarmanent in the flald of chasioal warfare agente 4s inidequate and bns to cll intents and purposes remained on the 1918 evel. Orly during the Jest fow months have attempts boon nade to apply technics] devices to tho old chemical warfare agonts and under tho driving force of intustry, especialy of T.c,, to develop now typos." (Exh. 138, NE-5687, Bk 20, p 82), i on 30 June 1930, tho defundant Xruuch submitted to Gooring a "new aecclaratod plan for explosives, gun powder, intereediates and chomiot) warfare agents," incorporating substantially the recomendations of Anbros. (Bek. 139) NI-£839, Bie 20, B 86).. on 12 July 1938, the dofendant Krauch dra up the Mull tary economic new production sian", clso celled the Kardnhall er Krauch Plany which in addition to gunpowder, explosives, chemoal warfare agents and inton= Nedintes, included mineral ofl, rubber (Bum) and light metals, the amounts to be produced even Zor minorel ofl, rubber and ligat notals wero dsterninod by the "nobilization targott'. With regard to oil 1t was stated: ‘The products producad....+<.beyond the normal requiresents are to be stored for the mobilisation roquirencnts." With regard to gunpowder, explosives and chemiec] warfare agonts: "Tho new plan of 30 Juna 1938 provides the sot acocle! tion of all building projects of these soctorss" (Exhs Ub2, NE-G800, Bk 20, p 113.)e Krauchte Farinhall Plan perouadod Goering of the necessity for the appointnont of a Flaxipotentiary General for mincrel. ele, cunpondor and oxplosives, (Exh. WlS, PS-IL36, Bk 21, p 3)6 Tho miDitary connidared this field of activity so 4mportant that Ficld warshal Keitel, chier of ‘iho Oi, suggested that Censral Beckar, the chief of ary Ordnancs, be appointed to this position (Exh, li7, E0-279, Bk 21, p10), After @ series ef conferences between Gosringla offies and the military, « nav so-called "Rush Flan" for the production of gunpordar, explosives and chemoal warfare agonts including intermediates was drawn up by Krauch on August 13 1938, This plan wes agreed upon by the High Comand of Aray Ordnanco % For comont by the military tho Karinall Flan, see Exh. llG, PS2353, Bk 20, p 117. ee$$ (Gorar=l Booker) and the Office of WLitary Beonoey (Generel Thomas) as & result of wich the military agreed to the appointment of Krauch a9 Plenipotentiary Gonoral. (Heh, 152, MI-8791, Bk 21, pl; Exh, U9, MESI9T, Be 21, p19) : On 22 hgust 1936 Trouch wes appointed Plenipotentiary Gehoral of ‘tho Four Your Flan for spoct=l tasks of chemical production, and tho “mush Flan" was "ontiraly ontrusted to Drs Krauch" (Bthe 453, MI-G9L7y Bic @ly p Ids Exhs 63, W1-820, Be 2, p 172), From the tne thot Krauch tock a kxy position in the goverment An Juno, 1936, Ferben played @ lending role in ali of the activities with whieh Krcuch was concerned, dubros, Buorgin, Gawesid, Sohnaider, Turstor, Pucbotiech, and othor Vorstend manbors wore his official advisoray (Seo Exh, 512, WI-6713y Bk 255 De Ty’ s00 also Exhibits in Book 12), Farben fand its subsidiarios grvo théix full support to the Four Year Flan - Projects, (Beh, 662, m-9656, He 32) p US} Exhs 700, NI~99L5, Be 37, PL)e Farben becane the uainstey. of the industrial program for the Four Yoar Flan, Daring tho Hn fron Octobe 3936 to imy 1937, 65.9 of 2 anoante to be spont under tho Four Your Plan for tho antire Gornen industry ware to be used on Farben projests end in ths overtliplaming of tho Four Your Plan in the chenfcal fild(axclusive of ininoral of) 85:7 were to be invested in Farben projocts. (Sth, 129, NI-10036, Bk 20, p 213 Exh. 126, W1-10035, Bk 20, p 25), Farbente investuents show considerable increase aftor the mounement of the Four Yoar Plang They rose fron l2.7 milion Ht to 96,3 nillion RU botwoon 1936 and 1937 for Farben and its 100% subsidiaries and from,10,8 to 35,7 millon Mf for its other nost important subsitiariesy (Bthe Bly MI-LOC0L, Bk 32, p lity Bey 685, NE-LOOL3, Bk 32, PG). Imsdiately after the defendant Krauch was given his nor responsi= bility over the "now nilitazy ovonomie prodigtion plan’, Farben war told ‘4o- tako dmediate monsures tos top up production of chonteal warfare agonts and diglyecl, (Bch, ll, NIATI2h, Bk 21, p 1). AL of tho measures taken by Kredoh in comection with the mush Yan wore conpleted by Forbon and it mbsidlarios, tho Did, Wasag, ond Doutsche Sprongcherlo. (Exh 152, ME-BTM, Bk 21, ps 3h). aoefn 1s Cetober 1938, atten the consumation of the first eg-r-ssion against Ogechoslovakin, Gcering a¢cronsed hie eclluboreters ina in the Reigh Ji IMnistry ot thich Rrauch was present, on tho pf the Fhizé Reigh, Gonere} Thosas! report on this conference stetest (Beh, 481, F-EIGL, BE. 18, p, 30) Generel Fiold Marshel Goering opened the session by doclaring that he intended to give dizectives ebout the vork for the nxt penthe, Everybody nova fron tho press vhet the world sitvstion looks ike and therefore the Fushrer has 4esued an order to hin to carry out a gigantic progran conpered to shich previous achievenonts are insignificant, There are difficulties in the vay which he vill overeore with utmost energy and ruthlessness, "Ho received the ordor fron the Fuchror to incroaso the armront to on abnormiextont, the air fores having first pricrity, Within the shortest tine tho air feres is to bo ineroascd five fol, also the navy should got armed nore rapidly end the army showd procure large enounts of offensive voapons at a faster rate, partictlarly hoavy artillery pieces and heavy tanke, Along vith this namfactured axnetents mst go: especially fuel, rubber, poder end oxplosives £0 noved into the foreground. Tt should be cotipled with the accelerated construction of highways, canals, and particularly of the reilreads. "The Sudetanland hes tobe exploited with all the means. General Field liarshel Gooring counts upen willing collaberation by the Slovaks. Czechs and Slovaks vould fern Carnon dominions. Thi have to be exploited to the utnost. The Oder Danube Conal hes to ‘be specded up. Searches for oil and oro have te be conducted in Slovakia, notably by Stote Secretary Keppler." ‘Tho dofendat:Krauch who hed boon informed by Georing on tha basic Poliey of tho Third Reich, recognized tho true mannor of Hitler's sccond ession against Czechoslovakia, the accupstion of Pragua on 15 Harch 1939. In his ork report to the Gonorel Council of the Pour Year Flan of 28 Byril 1939, the dofondant Kraueh shove in his conclusion thet ho he erosped the real significance of Hitler's and Gooring!s foroign policy. He stated in this report: "hen cn 30 Juno 1939 the objectives of the inercased production 4n the epheros of vork discussod hore vore given by the Ficld Hershel, 4% secned es if tho polities] loadership could coternino independentay the tining and extent of the political revolution in Europe and could avoid a rupture with a group of povors undor the leatorship of Great Britain, Sinco March of this year thoro is no longer any doubt that this hypothoais dove not oxist anynore. It is essentie for Gercany to strongthon is oun ver potcntial as vel as thet of ita allios to much an oxtont that tho coalition is cquai to the offorts of practdcally the rost of the vorlé. This can hp achieved cnly by nov, strong and corbined offorts, by, mp piling. sad tr expending ont inorcying the greater coonemie concin sersespending to tho improved ran natordal basis of the coalition, posensbly_of fiat, to the Bolkons and Sonits heIf action doos not follow upon these thoughts with the ee oat jones poo oUt siritiaes of Elcod in ths ne possible speed, 20 saeritisus of Blood 18 th next ‘yar WAIT not spare us the Bitter ond witch already once before re fave brought upon carsclves oring to Inds ef Porestgat a ‘Fired purposes! 2 “7 Hite 215 Pe je (Underscoring ‘4m original) Shortly before the outbroak of the war at the end of Aumst 1939, the defondont Kreuch submitted an inplemontation survey for tho ease of wer in the ficlds of mineral ofl bum, choatstry, Light motels and also of tho Rush Plan (powder, eplosives and choaical warfare agents). (Sxhs 133, 11-8196, Bis 22, Pe 132)e With the start of the war the defendznt Krauch together v#th Genorel Thoms, the Head of the ‘vi fu Amt, and Conore Packer, tho Hood of the Arey Ordnance Offica, proposed a plon for tho incrozse of production for ‘tho "ircuch Flan", 0 draft of whieh ves. sont to Hitler (Beh. 460, PS2US7, Bk, 21, p. 1385 Behe 61, M1570, Ble, 21, py 156)e Krauch participated in practically ald of the neotings, of the General Councilof tho Four Yor Flan which bostd took over the Sipreno Comand 4n question of military econony whon the Office of the GSW (Plenipotentiary Goneral for Feonoxy) Was dissolved in Docenber 1939. (Eth. 1H6, MI-TNThi, Bee 2, pe 1825 Behe 103, NL-9767, Bko 29, pe 76). Whon Goering no longer oxereisod his fumetion os Head of tho Pour Yeor Flan and vhon the Gontral Planning Board bacane the suprono authority of tho Corian war effort, rauch also participcted an the neotings of tho Contre) Planning Board (Bxhe lL, WE2972) Bke 22 Pa Ui?)e Krauch, maintained his position ascalday figure during tho war, (Bxh, 182, ME-SU2L, Bk 22, pe 50)Te thkos s trommdous snoant of -vo.s and organiastion to equip a war sichine to carry on odizs totsl wir. Based on our orpurionées we know whot tho tora "battle of production" and ‘ors-nol of donorecy" connotes in torms of propemtion for nedumn warfire, Farbon''s production program daring tho. period involved exa only be com- Parod, in the words of tho witnoss Elias, with tho activity during tho "pariod in tho U.S, dircetly aftor Pont) Harbor", (Pransoript, p, 1395). Tt will, bo soon thet by vintuo of the-naturo of tho products manufactured and the fast thet tho’ contrcets and nogotiations wero mainly with tho military tho defendants know their production wa to tuild up tho Nazi wer machino. In addition, tho quantities of produetion and tho edreumstentes surrounding sich production, especially tho timing of tho eonsccutive seeclorations in production plaiting and the fect thot tho ailitery might Germany was bailding up for oxccoded thet of hor neighbors, wore such that the defendants mast od to ewry out tho notorious Tho significance to Csrmony of the brsie chucmios] processes developed by Farben in tho manufscbure of synthutic ,reducts froa coal, water and cdr, tas described by the witness Elis in the following term: (Transcript pp. 347-2348) SGorman chomics1 industry wie ono built on coal, air and water, Supplics of potrolown in Gurmsny cre very monger. The soximun production of potroloum in all of Gomany fron its own of) wlls hos always roprosented only a emill fraction of ite total roquire— sonts. Coal, however. is plontifully available and brown coal, waich is c sort of lignite, is availablo in huge quantitios and easily accessible to large scale mining, ‘lth coal ap a basic material cnd with the aid of cir end water, indofinito numbors of organic compounds composed of carbon, nitrogen, hydrogen and oxygen enn be mado, 8h4% of Gorminyls avintion fucl, 85% of hor motor gzsolino, al but fraction of f of hor rubber, 100% of ‘the concontrstd nitric acid, basic conponont of ll cxplosiva, yually inportsnt mathsnol wore synthesized fram these throes fundavnt2l row astorisls —- cowl, air, ond mater." ‘The invortanee of Farben ss the brekbore of Coranny!s industry ond the dependence of prcticclly all other industries on Farbun's production is fully ost=blishod by thc evidence, (Exh. 701, NI-994h, Bk 375 Pa 3; Bxhe 705, NI-9476, Bk 37, p. 17; Beh, 207, NI-7236, Bk. 37, pe 26)a The Mt wy Smport-nes of Fasbonts emthotic products to the Gorman war mchine was deseribad by tho cxpart witnoss Elias as follove: (renscript = =1348) 5 "The military eignificance of of1 ts best explained by the fact that in the closing months of the war, after the Britich and Anerican Air Fotoes kad cofcentrated on Gernan synthetic ofl targets, Geruany's large reserve in military aircraft steyed on the ground vith empty tanks: srnored vehicles ‘were moved ta the front by axen and every. motor trip exceeding 60 miles Ind to be approved by the “command ing goncral. Without nitrogen, not a single ton of military explosives Or propellant powder eould Inve deen uade. Certain military explosives were entirely dependent on synthetic nethtnol as vell es armoniae Without rubber, of course, the war machine could not here rolled.” Germany could not have waged wer without Farben's help. The defendant -Buetefisch, sumed up the ratter as follove! Bin 1935 or 1938, it vas obviom that the nin of the letional Soclalistie econonic and military policy wae to establish as complete a0 possible = state of self-sufficiency in Germany, Since the German rare inte (zechoslevakia, that is since March 1959, it was clear to re that the military econony could be aiming at development into an egerensive var. Without I.G. Farben, especially without the 1.0. production in the flolds of eynthetio rubber, gasoline and mgaceinn, it would have been out of the question fr Gernany to erry on the war." (Exh, 261, BI-6235, Bk. 9, Pe 104)* Official reports of tho Reich Office for Bconomie Dovelopnent end Military Agencles prepared during the war show that the destmiction of Farben plants would Inve paralyzed the German war effort: ond of motorization of the Veimasht and econony HLe534, Be. &, p. 170; Beh. 708, FL6631, Bk. 37, p. 113). (2) zhasivan During Yorld War I, the predecessor firme of I.G. Farben who were tied tegether in thie "Comunity of Interests", produced 73% of all the high explosives used ty Gorneay during the four yeare of the Firet Vorld Vere (feetinony of General Morgan, Transeript pages 730.751). This was due in lenge measure to the fect that Farben'e vrodecessor (Jedischo) had in 1918 See also speech by the defeniant von Schnitsler in February 193, where he stato: It ts no exaggeration to say tht without the eecomplishealt ftected by Geran chenistry Under the Focr Tear Flan nolern warfare coubd uot at all be possidle." (Exh. 12, NI-6763, 3ke ly De 65); See also Testimony of von Eanneken twithout Farben PEactdoally ths unging of a var vould not bare deen possible? Usansoript 3~ 1020). Sven the comieretal part of the Farben organisation vas considered by Farben "vital for the outecone of the var". (Exh. 572, Min6123, Bk, 29, ps 74).SS developed the Haber-Dosdh p#dcees for the produdtion of synthetic enaonia fron watch altrates, the In@ibpashtie tidvediedt in the manufacture of ax Ploslves, sak produced. ids proces develope by IiGsFnzben op the tine of tho Firat World War, ensblod Goramy to produce explosives froo trea the dependence of sports of Ohtlean nitrates, (Ik, 592, NIO7V43, He 3, p. 3, Te. p. 1005; Heh, 525, HI-e515, ar 12, P, 10, B25 p. 65), Hh, 1051, WI-21252, Be 61, P, 176, tr, p. 2472), In 1915 the supply of nttrates ven #0 Low dn Gornany thnt {f Jarben ed not cose formnd with the heery production of nitrates, the war Would ‘evo boon over in 1915. (Mr. p. 751, testinony of Gen. Morgan, and oxhibite ektot eupra). In ngzition to the predominant poattion which I. G. Fazben played ia the production of high explosives tha Altea Combrol Commision aftor the fizet Vort4 Yor also founé, a Gonorel Morgan teetiied, that ‘companies which were protucing gum wier (ns distinguished from high explosives) wore totelly ¢ependent upon I.0.Fartent's nitrates for their nenufactare (Er. p. 753). Yo have alrooty intlontod tho indlepeneadtiity of attratos for the production of explostyos ‘nnd tho fect thet T.0,arbon!» Eabor-Boach process earbled Lt te produce gynthotte pmmin, from which nLtrntos yore nate, Ja tho process of mrking caplostvos, the uso of atric actd t0 vital Since thé process of Tattentton", thot Le trontins varfous roy ontoriale with nitric acid, will eomvart » percetine commodity to en explosive, (tr. ps 1870-1972). With tho toportrace of nitrie meld and muipharic noid in the production of explosives. (sh, 662, BO2dd, Be St, Me. p. 1017), wo find 4a 1987 Frsboa untertaking she operstion of a now sulphuric acta plant watch was constructed solely for the yuxpoace of the Yolimacht to bo usod only for the ceso of var (Buh. 601, MI-Li08, Bie Bi, p. 18, Ze. p. 1118), ond the production cepectty for nitric acta yas noted in tho Farben f1los ax of Fobrunry 1593, to have incronsod ton tinos since 1933. (xh. 603, B0-144, 3k St, p. 20, Fr. p. 1128). Schacht tolle of Farvon'a stockpiling of pyrttos, tho baste row aateriel for eulphurie meld (Hh. 716, E0123, Bk 36, B 103, Br. p. 1296). So substantin1 was I,G, Ferven'e production of nitretae vin ite synthotic enmonie process thnt 4t nore than doubled the Chiloan production fn 1988 - 1989, (Beh. 822, MI-S040, Be SS, p. 6, Tr. ps 1067). Farben sad its mubetdinries mmfncturot 846 of Gormmy!s high axplostvos and 708 of Gomany!s zunpowior fron ite oltrogen and dntormodinte oroducte,SS EEE (2am, 525, BE8S1S, Sook G5,'F0. p. 1007), The nein producer in Germany of guspowler ad explosives was the Farben controlled Tyaantt Ai@.® Biglcol. Tats tus a ney development of an intermediate protue! for unkine gunpowder. (Tr. p. 1872). It wae developed as a aubotitute for nitro @lyeerins und Ferben nmufectured oll of the aigiycol in Germany (25-7 1372, 1873). As onrly as Angust 1985, Farben discussed with officials 226 discloses that Farben owned over SOE of the voting stock Dyeantt 4.0. hed to apply to Farben for budget epproprict Sons and an interlocking directorate existed whereby Farben Vorstand norbors sat on Yas Aofoichterat of DAG and Dynanit A.0.'s president ght on TZA end com Rercial comitteas of Farben. Thus Dr. Struss's affidavit states: Ext. ben's unique position in the nitrate field vhich ted the biggest Geman producer of gampowder and rmmunttion, Dyanit 4,G., to cone to. comunity af interests agreenent with Farben dn 1926. 1.0, Farten soon saccoeded in doninating the Dynanit AC. In the first place, the Dyanait AG. held over 50 per cant of the voting rights in DMG, Furthermore 1G, wna represented in the dufcichterat of DAG ty Bosch, Duteberg, Gajevski, end Schnitz, Finely Director General Paul Musller of DAG, wes a cecber of tho 1.¢, TEA, AI] credit applications of IMG wore Msousted in the 1.6. TA, which with this exception was entirely comosed of 1.6. Parben no: 5827, Book 12, py 95, Tr+ py 2553 Te, py 654; Exh, 16, Hl-6284, Book 12, ps OSs Tr. De 6545, Book 12, pe B6, Tr. p. 662.) defindants socking to dlenssociate Farben fron + there was "a gentlonen'e agreement" between Schnits and helf of 1.G. Farben and Mucler of DIG, yiareby the latter was to Yolrs of TAG vithout interference. (ter Meer Affidavit, Exh, 334, BE-S167, 300k 12, py 168, Tr. p, 687; Yon KMerion Affidavit, Th. 325) BI-6977 Book 12, p. @1, Tr. p. 659). Other important explosive fime which vere controlled by Ferben were the Voseg and Masog Chenie, whore 1.0. owned more tana S0F of the stocks Gan. 686, 1I-9666, Book 31, p. 5, tr: pa 1az7). Tho Doutache Sprengchente 4.0, whose activities veginning with 1957 vere *Linited exclusively to the purposes of the Reich War Ministry" (Beh. 600, 11-7772, Book 4, p. 16, Tr B. 1116) vas also in tura ovaed dy Waseg and Yeaag Checte. (Ea. 666, NI 9446, copra). These two fie opemtea fourteen plants for the production of explosives (Se. 48, H1-10050, Book 2, ps 5) Tre ps 40) The Vorwerte- chenio which eperated thirty sive plants, wes a 100 percent sub- Sidiary of Dynmnit &.0. (Beh. 48, H1-10030, cupra; xh. 668, 119646). arben(particularly Schnits and Gajovald received tho audited reporte re lating to tho activities of Dynanit A.G, end Ververtechente (ch. 1816, BLAZ7i0, Sr. p. £450). See the minutes of conference of Jnmuary 1959 between 1.¢, ani DAG ~ indicating imonledge by Iu, (particularly ter Maer and Ambros), thet not only DG but ite subeiédaries, Vacnz, Ververtechemie nnd Deuteche Spreng- gheste, wore opemtine the explosives factories omed by Montan. (Huh. S65, BLS685, Book 31, p, 40, Tr. p. 1241).Of Amy Ordaence the construction of n Aimyael plant at Volfon (Zea. 108, 42-5762, Bock 93, Tr. p. 1090), In Saptonber of 1956, vromudtion cepoedtios of Iudwigahafon mud Yolfon wore Macussed with Arry Ordnanso (Gh, 1a, mt , Be. wpa. 10S, 1084), ant promuction was to start at Bitterfeld mné the Wolfen lent on fuld-sende operrtion on Merch 1, 2997, (Gah, 115, WI~ei88, Bie. 5, p. 127, Tr. p. 1094; Heh. 116, W-4da7, Be. 5, p. 128, Te. p, 1098). Tho Helyeol lnat at Volgen ves, 08 erbon stated, "ordcinelly penned merely ns « stand-by plant tn ene of wor." (Hh. 120, YI—iG96, Ke. 5, p. 195, 2x. pps. 1097-1098). ocy with rospoct to thie plant. Tho ontire production of @4glycol frez tha Wolfen plant wee to co to ‘the oxplosives factories of Dymantt A.C. and sng (this 1s the niélo of 1957). (Hb. 122, SI-S763, Be. 5, p. 199, tr pps. 3098-2009). jenl zonrnanont reforrod spccifi= In Juno 1939, the nlanning for ch af the T. ¢. crlly to eigiyco? promet Yerbon plants. (Bch. 238, UI-$687, Be. 58, p. "8, Tr. p. 205), Fineliy thie preparation de shown 28 of Way 1993, to hrve reechot the stage yhoroty tho arotuction crpecity for Giglyeol xt the I, 0. Farben mlante in Iudwizehafon, Volfon, Schkepm, Hucls, snd Trostuorg,* wa sufficiont to produeo 50,000 tone of gunpowor por nonth. (Tostinony of Mr. Bling, Tr. p. 1374, Bch. 605, 11-8790, 3S, pps, 41-46). Diglyeol, in aadtes for to velng en importnat rew artorie explosives was rise uso? in comection with the promotion of zoison tho particular urgoncy for inerossed srotuation of diglycol in 04, Tr. p. 1109) 1988 is ineteatee by Suh, 217, WI-7578, Bk. 33, 1220, whore tho defengent jose to1. G. much, wrote on 26 bun "In aneortance with the declaton af Holé Unrehall Gooring of 22 Aumuat 2958, I givo you the edditi ond information thnt the tuilding projects for @iglyool** orpansion, ethylene plant Sodinzen, D-l exportmont (hvect meter’ gee) hove boon clnasitica ne prossing builtins project STroatvere wee @ etendty pinat end produstion of @islyeol in 1037 yng for tho cvont of war. (Beh. 5°8, W1-7430, Bk. 33, p. 50, Pr. >. 1111). S* In tho "Now Oror™ vntch Farben propareé-Zor tho dcaimtion of Barope (Sieh. 1051, WI-11252, Bk. 51, ot p. 155, at ps 150) Tre p. 2481), Ferven's rocecoondntion wes "Frence should be lintto’ to tho protuctiion 9f figlyool. The construction and axponsion of plante shoulé be subject to lieente tecviise the orodaction 1s important for arsnonta."Thosa ;rotiots drs usad bo sshilise guapowdor cod to provent promtur soplosion (Gs. p 1579)- In August 1935, Forbin discussdd with Aray Ordnance the production of etabilizcrs dad plannod the construction of standy-by Plants to produce such stabilicors, (Bxh, 108, NT! 5762, Bk 31," p28, Tre fy 1090, compare Tr, p 1379, Exh. 15, WI-LA82, Bk 3%, p 42) Tre p 1095). Tn conforenee with Ary Ordnanco, proparction for stockplling #biMzors wes mde. (Exh. 118, NI-4492, Ble 2, PAS, Tre p 1096, comaro Tr, p 1881), Tn 1935 thoro woe planning for the production of 472 tons of stabilizers per month, cough to sustzin a production of 11,875 tons of gunpondar por month-and this, at tise whan tho apoliewle trostios Limited the production of 12 oxplosives to 2,000 tona por months (Irs p 1380, compare Exh. 108, NI-5762 supra). Farbon produced 11 of tho stabilizors™ in Geraany ( xh. 612, NI-10008, Be 34, p U5, Tr. p 1236; Exh. 615, NI-10010, Bk 34, p 125, Tr. p 1138) and fron 1932 to 1939, its production increcsed 26008 (Br. p 1379) « Methanol, Tho US. Steates = oy (Sth. 715, NI-3767, Bk 37, P1525 ‘Tr. p 1272) Lists in the order of wirtime inportnce 28 the Gumens considoro¢ thon the tan moat dnyorksnt choaiol, indle:ting tht tho mndt Aajervent ons was nitrogen and the socond was muthanols The production of powder and oxplosives was dependant upon these chemicals, (Exh, 616, II-10560, Bk 34, p 129, Tr. p 1375)» Two of tho most noder cnd effective axplosives, hexogon ond nitropenta, were mde fron nothanol. (Beh. 616, suxps, compare tostinony of lr, Bline, Tr. p 1375 1376; 200 also Chart of the Gerasn Office of Ecanoaic Plenning, Exh, 591, ¥1-€239, Bk 35.) Farben produced 211 of the mothsnol in Germany, (Exh. 615, supra) and from 1932 to 1939 tha Sncroxso was 600K ond by 1949 it ws 2000K (Tre P 1377) In-Fobrwxry 1939, tho Amay Ordminco Office proparod a report on the % In tho Miew Order 1! which Farben groprred for tho domination of Europe (Beh, 105, 11-21252, Bie 51, p 167), Ferbon's rocommond:ition as to stebilizers was tit production of this prodict in Franeo bo stoppod as it was Nossentin] for the production of militery requirements." (Pr. p 2481)a status of explosive plants in Germany and in that report the capacity and Production schedule of Farben! s Ludwigshafen plant and ita subsidiary Waeag sro st forth (Hh 609, NI-8790, Bk 34, p 39, Tr. p 1129) and tho Feport furthsr showed tho planning of ~d@itions] fweilities for the productiol °f haxogene on tho brsis of 1 aystomtic resosreh by 1.6. Farbins (Pr. P1377). as early 25 1935, Frrbm “on ite own dnitistive conducted exporimnts which Jed to the dlecovery of hoxogun"!, then rogistorod it as a seorut patent, and constructed a exporinontal factory to gcin manufacturing expericnes, (Bxh, 120, NI-6lis, BK 33, p 3p Tre p OM, comparo tostinony of Mr. EMas, (Tr. p 1379). This was in clogs colleberstion with Dynanit A, G, and Aray Ordnance (Exh. 111, NI-6498, Bk 33, p 38, Tre P 1093)y supply and Farboa produced mthenol synthotieslly aad fran thet prodused oynthetic toluol (Tr. p 1375). Tho production of synthetic toluol via otha) wos an expensive process (Tr, p 1376) ani the discovery of hexogon Toluol, (or toluene) the importont substance for TNT, was in short aLlovinted tho shortage of toluel (tr, 1p 1376, soo aleo Exh, 616, NT-10580, Bk 34, p 130)—Hoxogon has no substantial peacotime use (Tr. p 1379)» { ! { <32= es