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
Without any doubt, he was compelled to make certain concessions. He was
forced to camouflage, i.e., to accommodate himself outwardly to his
surroundings which he was going to spy on and to remove. Every spy has
to camouflage and I do not betray a secret in mentioning that in wartime
many a man donned the uniform of the enemy. It is generally known that
in 1942 the French General Giraud performed his escape from German
captivity in the uniform of a German general.
When Sievers was a member of the party from 1929 to 1931, when later on
he joined the NSDAP and the SS again, when he filled higher positions in
these organizations, when he held the position of Reich Manager of the
Ahnenerbe and suffered himself to be promoted to a higher rank in the
SS, without any doubt at all that was part of the camouflage measures
which Hielscher, Dr. Borkenau, Dr. Topf, and other witnesses call the
indispensable prerequisite, the compulsory mask for the tasks of the
defendant Sievers.
Nobody will pretend that these camouflages which were to render possible
a legally approved, nay, desirable aim, are in themselves punishable and
illegal. Sievers’ outward membership in the SS is therefore excused by
its camouflage purpose. And it is equally unobjectionable that
occasionally he played the part of a good Nazi. The duty of doing so had
expressly been urged upon him by Hielscher. The career of the organizer
or an active member of a German underground movement would have found a
sudden end if he had not behaved like a Nazi.
All the more seriously must I turn to the question of Sievers’ consent
to and further participation in the human experiments and the
establishment of the collection of skeletons, in which third persons
suffered bodily injury.
Here the question is raised where are the bounds of necessity if it
involves actions which in themselves are punishable facts. The answer to
this question is the essential point of the Sievers case.
The legal orders of the world set up the principle: “_The legal values
damaged by the action committed under necessity, must not be of a
disproportionally greater value than the protected and rescued legal
value._” That is the principle of proportion concerning which Wharton
[“Criminal Law”], paragraph 642, says, “Sacrifice of another’s life,
excusable when necessary to save one’s own.”
What were the competing legal values in the Sievers case?
On the one hand, there was the civilization of the world, the peace of
the earth, humanity, the lives and existence of millions of men
threatened and hurt by Hitler’s criminal government. Such actions are
called crimes against peace and humanity by the new international law
which threatens them with the severest punishments. The Allied Nations
considered these legal values worthy of their soldiers enthusiastically
going to war and death for them.
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