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Case No. 12 of the [[Nuremberg Military Tribunals]] was the High Command Case (NMT), United States against [[Wilhelm von Leeb]], et al.''<ref name=NMTarchivesHub>{{citation
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Case No. 12 of the [[Nuremberg Military Tribunals]] was the High Command Case (NMT), ''United States against [[Wilhelm von Leeb]], et al.''<ref name=NMTarchivesHub>{{citation
  | title = Papers of the International Military Tribunal and the Nuremberg Military Tribunals
  | title = Papers of the International Military Tribunal and the Nuremberg Military Tribunals
  | id = University of Southampton Libraries Special Collections Reference: GB 0738 MS 200
  | id = University of Southampton Libraries Special Collections Reference: GB 0738 MS 200
  | url = http://www.archiveshub.ac.uk/news/nuremberg.html
  | url = http://www.archiveshub.ac.uk/news/nuremberg.html
  | publisher = ArchivesHub, a national gateway to descriptions of archives in UK universities and colleges}}</ref> In the four-power [[International Military Tribunal (Nuremberg)]], the High Command itself was not determined to be a criminal conspiracy.  
  | publisher = ArchivesHub, a national gateway to descriptions of archives in UK universities and colleges}}</ref> In the four-power [[International Military Tribunal (Nuremberg)]], the High Command (''[[Oberkommando der Wehrmacht]]'') itself was not determined to be a criminal conspiracy. <ref name=Neave>{{citation
| author = Airey Neave | title = On Trial at Nuremberg | publisher = Little, Brown | year = 1978
}},pp. 288-295</ref>
 
Like the [[Einsatzgruppen Case (NMT)]] and the [[Hostages Case (NMT)]], this case dealt with crimes on civilians, and also [[prisoner of war|prisoners of war]].
 
Two of the defendants were acquitted of all charges.  The remaining eleven were all found guilty on charges of war crimes, crimes against humanity, or both, and imprisoned for terms from life to three years.
==Defendants==
==Defendants==
*[[Wilhelm von Leeb]]— Generalfeldmarschall (General of the Army); October 1935 to February 1938 Commander in Chief Army Group Command (Heeresgruppenkommando) 2; October 1938 to November 1938, Commander in Chief 12th Army; September 1938 to May 1941, Commander in Chief Army Group C; June 1941 to January 1942, Commander in Chief Army Group North.
{| class="wikitable"
*[[Hugo Sperrle]] Generalfeldmarschall (General of the Army); November 1936 to October 1937, Commander of the “Condor Legion” in Spain; February 1938 to January 1939, Commanding General of Air Group (Luftgruppe) 3; February 1939 to August 1944, Commander in Chief Air Fleet (Luftflotte) 3.
|-
*[[Georg von Kuechler]]GEORG KARL FRIEDRICH-WILHELM von KUECHLER — Generalfeldmarschall (General of the Army); September, Commander in Chief 3d Army; October 1939 and November 1939, Commander of East Prussian Defense Zone; November 1939 to January 1942, Commander in Chief 18th Army; January1942 to January 1944, Commander in Chief Army Group North.
! Defendant
*[[Johannes Blaskowitz]] Generaloberst (General); November 1938 to August 1939, Commander in Chief Army Group Command (Heeresgruppenkommando) 3; September 1939 to October 1939, Commander in Chief 8th Army; October 1939, Commander in Chief 2d Army; October 1939 to May1940, Commander in Chief East (Oberbefehlshaber Ost); May 1940, Commander in Chief 9th Army; June 1940, Military Commander (Militarbefehlshaber) Northern France; October 1940 to May 1944, Commander in Chief 1st Army; May 1944 to September 1944, Acting Commander in Chief Army Group G; December 1944 to January 1945, Commander in Chief Army Group G; January 1945 to April 1945, Commander in Chief Army Group H; April 1945, Commander in Chief Netherlands and 25th Army.
! Disposition
 
|-
HERMANN HOTH — Generaloberst ( General ); November 1938 to November 1940, Commanding General XV Corps; November 1940 to October 1941, Commander Panzer Group 3; October 1941 to April 1942, Commander in Chief 17th Army; May 1942 to December 1943, Commander in Chief 4th Panzer Army.
| [[Wilhelm von Leeb]]
|3 years
|-
|[[Hugo Sperrle]]
| Acquitted
|-
| [[Georg von Kuechler]]
|  20 years
|-
| [[Johannes Blaskowitz]]
|Committed suicide
|-
| [[Hermann Hoth]] 
|  15 years
|-
| [[Hans Reinhardt]]
| 15 years
|-
| [[Hans von Salmuth]]
|  20 years
|-
| [[Karl Hollidt]] 
|  5 years
|-
| [[Otto Schniewind]]
| Acquitted
|-
| [[Karl von Roques]]
| 20 years (died 1949)
|-
| [[Hermann Reinecke]]
|  Life imprisonment
|-
| [[Walter Warlimont]]
|  Life imprisonment
|-
| [[Otto Woehler]]
|  8 years
|-
| [[Rudolf Lehmann]]
|  7 years
|}


HANS Reinhardt — Generaloberst (General); October 1938 to February 1940, Commander 4th Panzer Division; February 1940 
==Timetable==
==Charges==
==Charges==
The issue of hostage taking was also addressed in the "High Command Case", where the tribunal concluded that:
The charges laid against the defendants were:
 
#[[crimes against peace]] (i.e., waging aggressive war)
If so inhumane a measure as the killing of innocent persons for offences of others, even when drastically safeguarded and limited, is ever permissible under any theory of International Law, killing without full compliance with all requirements would be murder. If killing is not permissible under any circumstances, then a killing with the full compliance with all the mentioned prerequisites still would be murder.[Source: United Nations War Crimes Commission. The German High Command Trial. New York: Howard Fertig, 1994, pp. 84-85]
#war crimes and [[crimes against humanity]]: crimes against enemy belligerents and prisoners of war  
 
#war crimes and crimes against humanity: crimes against civilians
The charges laid against the defendants were:(1) crimes against the peace, (2)war crimes and crimes against humanity: crimes against enemy belligerents and prisoners of war (3) war crimes and crimes against humanity: crimes against civilians, and (4)common plan or conspiracy.  The latter charge was dismissed on the grounds "as tendering no issue not contained in the preceding Counts."  The war crimes and crimes against humanity indictments included criminal responsibility in connection with the implementation of the Commissar Order, the Barbarossa Jurisdiction Order,  the Night and Fog (Nacht und Nebel) Decree, the Hostages and Reprisals Order, murder and ill-treatment of prisoners of war and of the civilian population in occupied territories and their employment as slave laborers, cooperation between the Wehrmacht and the SS in connection with the persecution and execution of Jews and other segments of the population, and plunder and spoliation.
#common plan or conspiracy.   
 
    The fourteen defendants were all senior officers in the army and navy, or in the German High Command, OKW. Defendant Blaskowitz committed suicide in prison before the conclusion of the trial.
 
    Some of the acts that were included under (2) above were described as follows:
 
        Unlawful orders initiated, drafted, distributed and executed by the defendants directed that certain enemy troops be refused quarter and be denied the status and rights of prisoners of war, and that certain captured members of the military forces of nations at war with Germany be summarily executed.  ...  prisoners of war were denied rights to which they were entitled under conventions and the laws and customs of war.  Soldiers were branded, denied adequate food, shelter, clothing and care, subjected to all types of cruelties and unlawful reprisals, tortured and murdered.  Special screening and extermination units....operating with the support and under the jurisdiction of the Wehrmacht, selected and killed prisoners of war for religious, political and racial reasons.  Many recaptured prisoners were ordered executed.


    Acts under (3) above included participation in atrocities and offenses that included:
The conspiracy charge  was dismissed on the grounds "as tendering no issue not contained in the preceding Counts."  All defendants were judged to have been below the policy-making level and acquitted of the first charge.<ref>United Nations War Crimes Commission, p. 70</ref>


        ...
The war crimes and crimes against humanity indictments included criminal responsibility in connection with the implementation of the [[Commando Order]], the [[Commissar Order]], the [[Barbarossa Jurisdiction Order]], the [[Night and Fog Decree]] (Nacht und Nebel), the [[Hostages and Reprisals Order]], murder and ill-treatment of prisoners of war and of the civilian population in occupied territories and their employment as slave laborers, cooperation between the [[Wehrmacht]] and the [[SS]] in connection with the persecution and execution of Jews and other segments of the population, and plunder and spoliation.
        murder, extermination, ill-treatment, torture, conscription to forced labour, deportation to slave labour or for other purposes, imprisonment without cause, killing of hostages, persecutions on political, racial and religious grounds, plunder of public and private property, wanton destruction of cities, towns and villages, devastation not justified by military necessity, and other inhumane and criminal acts against German nationals and members of the civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by Germany.  The defendants committed War Crimes and Crimes against Humanity, 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 and groups which were connected with, the commission of War Crimes and Crimes against Humanity. [Source:United Nations War Crimes Commission, pp.3-4]


    As noted earlier, the Conspiracy charge was dismissed by the tribunal.  On the charge of waging aggressive war the Tribunal returned a finding of not guilty, on the grounds that "The acts of Commanders and Staff Officers below the policy level, in planning campaigns, preparing means for carrying them out, moving against a country on orders and fighting a war after it has been instituted, do not constitute the planning, preparation, initiation and waging of a war or the initiation of invasion that International Law denounces as criminal. Under the record we find the defendants were not on the policy level, and are not guilty under Count I of the Indictment." (United Nations War Crimes Commission, p.70)
Hostage taking was also considered in the [[Hostages Case (NMT)]]; the taking and execution of hostages was not always impermissible in international law.
===War crimes===
The charges include denial of [[prisoner of war]] (POW) status to lawful combatants,and mistreatment of detained POWs. The defendants were also accused of cooperation with the [[Einsatzgruppe]]n units for field killing of civilians. The [[Commissar Order]] and [[Commando Order]] were cited as unlawful orders for summary execution of persons entitled to POW status.


    Two of the defendants were acquitted of all charges.  The remaining eleven were all found guilty on charges (2) and (3) above, war crimes and crimes against humanity, and sentenced to terms of imprisonment ranging from life to three years.
===Crimes against Humanity===
Murder, extermination, ill-treatment, torture, conscription to forced labour, deportation to slave labour or for other purposes, imprisonment without cause, killing of hostages, persecutions on political, racial and religious grounds, plunder of public and private property, wanton destruction of cities, towns and villages, devastation not justified by military necessity, and other inhumane and criminal acts against German nationals and members of the civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by Germany. <ref>United Nations War Crimes Commission, pp.3-4</ref>
==References==
{{reflist|2}}

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Case No. 12 of the Nuremberg Military Tribunals was the High Command Case (NMT), United States against Wilhelm von Leeb, et al.[1] In the four-power International Military Tribunal (Nuremberg), the High Command (Oberkommando der Wehrmacht) itself was not determined to be a criminal conspiracy. [2]

Like the Einsatzgruppen Case (NMT) and the Hostages Case (NMT), this case dealt with crimes on civilians, and also prisoners of war.

Two of the defendants were acquitted of all charges. The remaining eleven were all found guilty on charges of war crimes, crimes against humanity, or both, and imprisoned for terms from life to three years.

Defendants

Defendant Disposition
Wilhelm von Leeb 3 years
Hugo Sperrle Acquitted
Georg von Kuechler 20 years
Johannes Blaskowitz Committed suicide
Hermann Hoth 15 years
Hans Reinhardt 15 years
Hans von Salmuth 20 years
Karl Hollidt 5 years
Otto Schniewind Acquitted
Karl von Roques 20 years (died 1949)
Hermann Reinecke Life imprisonment
Walter Warlimont Life imprisonment
Otto Woehler 8 years
Rudolf Lehmann 7 years

Charges

The charges laid against the defendants were:

  1. crimes against peace (i.e., waging aggressive war)
  2. war crimes and crimes against humanity: crimes against enemy belligerents and prisoners of war
  3. war crimes and crimes against humanity: crimes against civilians
  4. common plan or conspiracy.

The conspiracy charge was dismissed on the grounds "as tendering no issue not contained in the preceding Counts." All defendants were judged to have been below the policy-making level and acquitted of the first charge.[3]

The war crimes and crimes against humanity indictments included criminal responsibility in connection with the implementation of the Commando Order, the Commissar Order, the Barbarossa Jurisdiction Order, the Night and Fog Decree (Nacht und Nebel), the Hostages and Reprisals Order, murder and ill-treatment of prisoners of war and of the civilian population in occupied territories and their employment as slave laborers, cooperation between the Wehrmacht and the SS in connection with the persecution and execution of Jews and other segments of the population, and plunder and spoliation.

Hostage taking was also considered in the Hostages Case (NMT); the taking and execution of hostages was not always impermissible in international law.

War crimes

The charges include denial of prisoner of war (POW) status to lawful combatants,and mistreatment of detained POWs. The defendants were also accused of cooperation with the Einsatzgruppen units for field killing of civilians. The Commissar Order and Commando Order were cited as unlawful orders for summary execution of persons entitled to POW status.

Crimes against Humanity

Murder, extermination, ill-treatment, torture, conscription to forced labour, deportation to slave labour or for other purposes, imprisonment without cause, killing of hostages, persecutions on political, racial and religious grounds, plunder of public and private property, wanton destruction of cities, towns and villages, devastation not justified by military necessity, and other inhumane and criminal acts against German nationals and members of the civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by Germany. [4]

References

  1. ↑ Papers of the International Military Tribunal and the Nuremberg Military Tribunals, ArchivesHub, a national gateway to descriptions of archives in UK universities and colleges, University of Southampton Libraries Special Collections Reference: GB 0738 MS 200
  2. ↑ Airey Neave (1978), On Trial at Nuremberg, Little, Brown,pp. 288-295
  3. ↑ United Nations War Crimes Commission, p. 70
  4. ↑ United Nations War Crimes Commission, pp.3-4
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