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
That would wrong Sievers to a high degree, your Honors! Other resistance
groups too had the misfortune that they had not more opportunity to act.
The witness Hielscher exposed very clearly the reasons why a standstill
was inevitable after the failure of the plot on 20 July 1944. As
Hielscher and his associates could no longer depend upon the army, they
were compelled to start again from the very beginning.
What were the intentions and the mission of the defendant Sievers within
the Hielscher group? Hielscher himself answers that. Sievers’ tasks were
of two kinds: (1) Gathering news from the immediate proximity of Himmler
as basis for the disposal of the resistance forces with regard to place,
time, and kind of action. (2) Sievers was not only a spy and a scout; at
the moment of action he was destined and ready to do away with Himmler.
These two tasks require a double legal examination: Were they in
themselves permissible, lawful, or even a duty? The answer to this
question is to be found in the principles which I evolved in the idea of
self-defense in the sphere of political struggle. What measures was he
allowed to take? To what extent could he venture to advance into the
domain of criminality? To what extent could he involve uninitiated third
persons in his plans, even actual victims of Nazism? The rules of
“necessity” lead the way for judging and solving this problem.
In taking up the first question I can be relatively brief. After all we
know today, it is an irrefutable fact that Hitler and his accomplices
terrorized the German Nation and the whole world in a criminal way and
with criminal means, that from the beginning they were an immediate
peril to peace and all civilization and that finally the worst
apprehensions turned to ghastly reality. Therefore the first
prerequisite for the defense of “necessity” is beyond all doubt a
present illegal attack on the highest goods of mankind. To put it in the
words of the German Penal Code that was the “necessity” (“not”) which
was to be warded off.
But we also know that this defense was not to be accomplished with the
normal means of a democratic parliamentary system. I described the truly
diabolical organization by which it had been rendered impossible to make
use of these means. Thence follows that the removal of Hitler and his
accomplices was the only possible expedient to break and smash this
system. Less hard and violent means were not available.
As a matter of course it follows that Hielscher’s plan to do away with
Himmler had become legal and compulsory for those in the position to
execute it. After the evidence of Hielscher and other trustworthy
witnesses, it cannot be denied that Sievers had been charged with this
task.
If it was justified to do away with Himmler, the accompanying and
preparing scouting-activity was justified too.
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