Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIVarious
Philosophy
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume II
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
The Soviet Union drew a clear inference from the intervention to which
it had been exposed by the Entente at the end of the First World War and
obtained an alteration in the text of the London Charter, under which
intervention would have been possible, by insisting that the text, which
was ambiguous in consequence of the punctuation, be altered by the
insertion of a comma. This comma was so important that the
representatives of the four signatory powers met on purpose to discuss
it.
It results therefrom that the internal affairs of a country cannot be
affected by the London Charter and, consequently, by Law No. 10.
Punishment by this Tribunal of acts committed by Germans against Germans
is therefore inadmissible.
The prosecution further discussed at length this morning another
question, that is the question of conspiracy. I have also commented on
that in my closing brief. I will merely make a brief reply here to the
prosecution.
The point of view of the defense, that a charge of conspiracy as an
independent offense is inadmissible, was confirmed by the Tribunal’s
decision of today. In that way the leak in the dike, so to speak, was
stopped, and one cannot let the ocean pour into the land from the other
side by declaring the conception of conspiracy admissible under common
law.
The conception of conspiracy is really only a technical expedient of the
jurists. Its purpose is to effect, beyond the number of accomplices in
the true sense of the word, other persons who are considered deserving
of punishment, but who cannot be proved guilty of complicity.
This may be done where the law against conspiracy is common law. If,
however, this law is introduced in Germany after the event and applied
to facts which have occurred in the past, this would mean that by a
detour of the law of procedure new conceptions of offense would be
introduced into material law. This would amount to an _ex post facto_
law and is, therefore, illegal according to legal principles generally
recognized.
The purpose of enlarging the circle of participants cannot be attained
under Law No. 10 by breaking up the conception of conspiracy into its
component parts and introducing forms of complicity hitherto unknown in
Germany.
Now, I shall read my statement proper:
In the closing statement against the defendant Karl Brandt the
prosecution discussed very little the counter-evidence brought forward
by the defense in the course of the proceedings. They relied to a large
extent on evidence already advanced in the indictment.
The affidavits of the defendants themselves play a special part in
support of the prosecution. For the defendant Karl Brandt they are
important with respect to his position and consequent knowledge of the
event referred to in the indictment.
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