War Crimes Proposal – 2003 Iraq Invasion

The proposal was passed at the Green Party of Ohio State Convention 1/31/04.
This will be forwarded for consideration at the 2004 GPUS National Convention.

Appendix B:
Charter of the International Military Tribunal (also known as the Nuremburg Tribunals)
August 8, 1945

ARTICLE 6

The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes.
The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

(a) Crimes against Peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a Common Plan or Conspiracy for the accomplishment of any of the foregoing;
(b) War Crimes: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity;
(c) Crimes against Humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial, or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of domestic law of the country where perpetrated.

Leaders, organizers, instigators, and accomplices participating in the formulation or execution of a Common Plan or Conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.

Indictments

Count One: Conspiracy to Wage Aggressive War
This count helped address the crimes committed before the war began, showing a plan to commit crimes during the war.

Count Two: Waging Aggressive War, or "Crimes Against Peace"
Including “the planning, preparation, initiation, and waging of wars of aggression, which were also wars in violation of international treaties, agreements, and assurances.”

Karl Doenitz
Count I: Indicted Not Guilty
Count II: Indicted Guilty

Sentenced to: 10 Years Imprisonment

Doenitz became Commander-in-Chief of the German Navy in 1943 but the evidence does not show he knew of Hitler’s plans to initiate war. He did have the U-boat arm of the Navy prepared for war, however, and was solely in charge of this area of the military. While in control of the U-boats, Doenitz allowed them to sink all merchant ships, regardless of the ships were enemy or neutral.

Wilhelm Frick
Count I: Indicted Not Guilty
Count II: Indicted Guilty
Sentenced to: Death by hanging

Frick held numerous positions, including Minister of the Interior, that gave him knowledge of the plans for war. He signed laws and issued orders against many countries and their citizens.

Walther Funk
Count I: Indicted Not Guilty
Count II: Indicted Guilty
Sentenced to: Imprisonment for life

Funk was one of Hitler’s economic advisers, but did not serve in this role until after the important conferences that established the plans for war. He did assist in the attack on the U.S.S.R.

Hermann Wilhelm Goering
Count I: Indicted Convicted
Count II: Indicted Convicted
Sentenced to: Death by hanging.

Known as the second in command to Hitler until their relationship deteriorated in 1943, commanding the SA during most of the war and developing the Gestapo.

Rudolf Hess
Count I: Indicted Guilty
Count II: Indicted Guilty
Sentenced to: Imprisonment for life.

Hess was imprisoned with Hitler in 1924, during which time he became Hitler’s Deputy and confidant. He was the top ranking official in the Nazi Party. His every action was in support of Hitler’s ultimate plan until he escaped to England after the war.

Alfred Jodl
Count I: Indicted Guilty
Count II: Indicted Guilty
Sentenced to: Death by hanging

Jodl held high-ranking positions in the Reich starting in 1935, including Chief of Army Operations. Jodl was instrumental in planning the attack on Czechoslovakia as well as Norway, Greece and Yugoslavia.

Wilhelm Keitel
Count I: Indicted Guilty
Count II: Indicted Guilty
Sentenced to: Death by hanging

Keitel was the Chief of Staff of the High Command of the Armed Forces while Hitler was in power.

Erich Raeder
Count I: Indicted Guilty
Count II: Indicted Guilty
Sentenced to: Imprisonment for life

Raeder was the Chief of Naval Command as early as 1928, later replaced by Doenitz at Raeder’s request. He admitted during the trial that under his command the Navy violated the Versailles Treaty. Raeder was against the idea of invading the U.S.S.R. but followed the decision to invade fully.

Alfred Rosenberg
Count I: Indicted Guilty
Count II: Indicted Guilty
Sentenced to: Death by hanging

Rosenberg was in charge of the Nazi party while Hitler was in jail. He later took part in plans to attack Norway.

Konstantin von Neurath
Count I: Indicted Guilty
Count II: Indicted Guilty
Sentenced to: Fifteen years imprisonment.

Von Neurath was Minister of Foreign Affairs. He advised Hitler on many strategic military moves. Von Neurath was allowed to resign in 1938, but continued to be active in the party as a Reich Minister.

Joachim von Ribbentrop
Count I: Indicted Guilty
Count II: Indicted Guilty
Sentenced to: Death by hanging

Von Ribbentrop became Foreign Policy Adviser to Hitler in 1933. He later served as Ambassador to England. He was active in the plans to attack Poland.

Return to: War Crimes Proposal – 2003 Iraq Invasion

See also: Appendix A, UN Charter – Chapter VII