6.a. [Mental element for Element 3] [Conduct of exercising powers attached to the right of ownership:] The perpetrator meant to engage in the exercise of any or all of the powers attached to the right of ownership over one or more persons.

P.14.   Evidence inferred from an utterance, a document or a deed.

P.14.1.   Evidence of the perpetrator espousing a policy of forced labour.

P.14.2.   Evidence of the perpetrator sending a message that he/she intended to force persons to work.

P.15.   Evidence inferred from a circumstance.

6.a.   [Mental element for Element 3] [Conduct of exercising powers attached to the right of ownership:] The perpetrator meant to engage in the exercise of any or all of the powers attached to the right of ownership over one or more persons.

P.14.  Evidence inferred from an utterance, a document or a deed.

P.14.1.    Evidence of the perpetrator espousing a policy of forced labour.

A. Legal source/authority and evidence

María Mejía v. Guatemala, Case No. 10.553, Report No. 32/96, OEA/Ser.L/V/II.95 Doc. 70 rev., Decision, (Inter-American Commission on Human Rights), 16 October 1996,:

“On 3^rd October 1939, [Frank] described the policy which he intended to put into effect [as Governor General of Poland] by stating: ‘ Poland shall be treated like a colony; the Poles will become the slaves of the Greater German World Empire’. The evidence establishes that this occupation policy was based on the complete destruction of Poland as a national entity and a ruthless exploitation of its human and economic resources for the German war effort.”

United States of America et al. v. Hermann Wilhelm Göring et al., Judgement (International Military Tribunal), 30 September-1 October 1946, reproduced in Trial of the Major War Criminals before the International Military Tribunal, Proceedings, Vol. 23 (1948), p. 490:

“The general policy underlying the mobilization of slave labor was stated by Sauckel on 20 April 1942. He said: ‘…All prisoners of war from the territories of the West, as well as the East, actually in Germany, must be completely incorporated into the Germany armament and nutrition industries… Consequently it is an immediate necessity to use the human reserves of the conquered Soviet territory to the fullest extent. Should we not succeed in obtaining the necessary amount of labor on a voluntary basis, we must immediately institute conscription or forced labor… The complete employment of all prisoners of war, as well as the use of a gigantic number of new foreign civilian workers, men and women, has become an indisputable necessity for the solution of the mobilization of the labor program in this war.’”

[B. Evidentiary comment:]

P.14.2.    Evidence of the perpetrator sending a message that he/she intended to force persons to work.

P.15.  Evidence inferred from a circumstance.