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Source: et al

                                "The Einsatzgruppen Case"

                                MILITARY TRIBUNAL II

                                           Case No. 9

                                     Count Two - War Crimes

11. Between 22 June 1941 and July 1943 all of the defendants herein
committed war crimes as defined in Article 11 of
Control Council Law No. 10, in that they were principals in,
accessories to, ordered, abetted, took a consenting part
in, were connected with plans and enterprises involving, and were
members of organizations or groups connected
with, atrocities and offenses against persons and property
constituting violations of the laws or customs of war,
including, but not limited to, murder and ill- treatment of prisoners
of war and civilian populations of countries and
territories under the belligerent occupation of, or otherwise
controlled by Germany, and wanton destruction and
devastation not justified by military necessity. The particulars
concerning these crimes are set forth in paragraphs 6
to 9, inclusive, of count one of this indictment and are incorporated
herein by reference.

12. The acts and conduct of the defendants set forth in this count
were committed unlawfully, wilfully, and knowingly
and constitute violations of international conventions, particularly
of Articles 43 and 46 of the Regulations of the
Hague Convention No. IV, 1907, the Prisoner-of-War Convention (Geneva,
1929), the laws and customs of war, the
general principles of criminal

                                               - 21 -

law as derived from the criminal laws of all civilized nations, the
internal penal laws of the countries in which such
crimes were committed, and Article 11 of Control Council Law No. 10.

                                               - 22 -

Trials of War Criminals Before the Nurenberg Military Tribunals Under
Control Council Law No. 10, Volume IV,
Washington, D.C.: U.S. Government Printing Office. pp. 21 - 22 

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