NMT Case 11

USA vs. Ernst von Weizsaecker, et al.

Trial XI, The United States of America vs. Ernst von Weizsaecker, et al, more commonly known as the "Ministries Case," took place between November 1947 and April 1949. Twenty-one defendants were charged. During the trial, the prosecution introduced over 3200 written exhibits. The defense introduced over 4800 written exhibits. A total of 339 witnesses testified. The trial transcript contains nearly 29,000 pages. The defendants were charged with crimes against peace, war crimes, and crimes against humanity. In addition to testimony heard by the Tribunal, testimony was also heard by three commissioners, at times in other locations, such as Copenhagen and Vienna. Trial XI lasted much longer than the other trials, a total of seventeen months from indictment to judgments.

It is of note that hundreds of captured documents were offered during the trial, all of which had been unavailable at the time of the IMT trial; none of these documents had been offered during the other eleven subsequent trials. The Tribunal, in its judgment, stated "The record presents, more fully and completely than in any other case, the story of the rise of the Nazi regime, its programs and its acts."

In its indictment, the Prosecution charged the defendants with having committed crimes against peace, war crimes, and crimes against humanity by virtue of waging wars of aggression and invasions of other countries, leading to incalculable destruction, the deaths of millions of people, and the suffering of millions more, as well as to deportation of civilians in occupied countries to slave labor, the enslavement, torture and murder of millions of people, and plunder and spoliation of property in invaded countries. The Prosecution alleged that all of this had occurred as a result of deliberate plans and policies intended to strengthen Germany and secure the permanent domination by Germany of the continent of Europe.

Indictment

Count One: Planning, Preparation, Initiation and Waging of Wars of Aggression and Invasions of Other Countries

The 17 defendants charged under this count held high political, military, and civil positions and high positions in the financial, industrial and economic life of Germany. This count included 24 paragraphs of specifications.

Count Two: Common Plan and Conspiracy

17 defendants were charged with participation as leaders, organizers, and accomplices in the formulation and execution of a common plan and conspiracy to commit crimes against peace. (Charge dropped during the trial.)

Count Three: War Crimes: Murder and Ill-Treatment of Belligerents and Prisoners of War

Eight defendants were charged with participation in atrocities and offenses against prisoners of war, including murder, ill-treatment, enslavement, brutalities, cruelties, and other inhumane acts, all in flagrant violation of the laws and customs of war.

Count Four: Crimes against Humanity: Atrocities and Offenses Committed against German Nationals on Political, Racial, and Religious Grounds from 1933-1939

13 defendants were charged with taking part in atrocities directed at German nationals: murder, enslavement, imprisonment, plundering and looting of property, and other persecutions committed on political, racial, and religious grounds. (This charge, based on activities taking place prior to outbreak of war, was dropped during the trial.)

Count Five: War Crimes and Crimes against Humanity: Atrocities and Offenses Committed against Civilian Populations

19 defendants were charged with taking part in atrocities including murder, extermination, enslavement, deportation, imprisonment, killing of hostages, torture, and persecution on political, racial and religious grounds, directed at both German nationals and civilians of occupied lands. This count included wanton destruction of cities, towns, and villages, and devastation not justified by military necessity.

Count Six: War Crimes and Crimes against Humanity: Plunder and Spoliation

16 defendants were charged with plunder of public and private property, exploitation, spoliation and other offenses against property and the civilian economies of occupied countries.

Count Seven: War Crimes and Crimes against Humanity: Slave Labor

14 defendants were charged with playing a significant role in the enslavement and deportation to slave labor of civilians from occupied countries as well as concentration camp inmates, and the use of prisoners of war in war operations.

Count Eight: Membership in Criminal Organizations

14 defendants were charged with membership in the SS, the SD, or in the leadership Corps of the Nazi Party.

Chronology Overview

  • Original indictment filed 4 November 1947
  • Amended indictment filed 18 November 1947
  • Arraignment 20 November 1947
  • Prosecution opening statement 6 January 1948
  • Tribunal order dismissing count four 26 March 1948
  • Opening of defense case 4 May 1948
  • Prosecution closing statement 9 November 1948
  • Defense closing statements 9-18 November 1948
  • Prosecution rebuttal statement 18 November 1948
  • Judgment 11-13 April 1949
  • Dissenting opinion, Judge Powers 13 April 1949
  • Sentences 13 April 1949

Persons Involved

Military Tribunal IV-A

  • William Christianson, Presiding Judge
  • Leon Powers, Judge
  • Robert Maguire, Judge

Prosecution Counsel

  • Brigadier General Telford Taylor, Chief of Counsel
  • Deputy Chief Counsel: Robert M.W. Kempner, Charles S. Lyon, Morris Amchan
  • Associate Counsel: Alexander G. Hardy, Hilliard W. Caming
  • Special Counsel: Charles Gerthoffer, Charles Horsky, Drexel Sprecher, and H. Russell Thayer

Defendants

  • Ernst von Weizsaecker
  • Gustav Adolf Steengracht von Moyland
  • Wilhelm Keppler
  • Ernst Wilhelm Bohle
  • Ernst Woermann
  • Karl Ritter
  • Otto von Erdmannsdorff
  • Edmund Veesenmayer
  • Hans Lammers
  • Wilhelm Stuckart
  • Richard Walther Darre
  • Otto Meissner
  • Otto Dietrich
  • Gottlob Berger
  • Walter Schellenberg
  • Lutz Schwerin von Krosigk
  • Emil Puhl
  • Karl Rasche
  • Paul Koerner
  • Paul Pleiger
  • Hans Kehrl

Judgment/Sentences

Gottlob Berger: Guilty, counts 3/5/7/8; twenty-five years

Ernst Wilhelm Bohle: Guilty, count 8; five years

Richard Walther Darre: Guilty, counts 5/6/8; seven years

Otto Dietrich: Guilty, counts 5/8; seven years

Otto von Erdmannsdorff: Acquitted

Hans Kehrl: Guilty, counts 5-8; fifteen years

Wilhelm Keppler: Guilty, counts 1/5/6/8; ten years

Paul Koerner: Guilty, counts 1/6/7/8; fifteen years

Hans Lammers: Guilty, counts 1/3/5/7/8; twenty years

Otto Meissner: Acquitted

Paul Pleiger: Guilty, counts 6/7; fifteen years

Emil Puhl: Guilty, count 5; five years

Karl Rasche: Guilty, counts 6/8; seven years

Karl Ritter: Guilty, count 3; released after judgment

Walter Schellenberg: Guilty, counts 5/8; six years

Lutz Schwerin von Krosigk: Guilty, counts 5/6; ten years

Gustav Adolf Steengracht von Moyland: Guilty, counts 3/5; seven years

Wilhelm Stuckart: Guilty, counts 5/6/8; time served

Edmund Veesenmayer: Guilty, counts 5/7/8; twenty years

Ernst von Weizsaecker: Guilty, counts 1/5; seven years

Ernst Woermann: Guilty, counts 1/5; seven years