Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume II — John Shaqi
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
On the other hand, you will find the lives of individuals, their bodily
safety, the respect and esteem of their personality, their liberty and
the free expression of their will, certainly legal values of no less
high value. There may have been hundreds of victims. But it was a meager
number in comparison with the multitudes that Hitler, Himmler, and their
accomplices had already murdered and continued murdering.
My question runs: Which of the two contending legal values is more
valuable from the point of view of proportion?
I am far from excusing the ghastly crimes that happened in the
concentration camps or even minimizing them, but with all my abhorrence
for them I cannot help answering: The protection of civilization and
humanity deserves preference over the life and health of individuals,
deplorable as the inevitable sacrifices may be. So finally it was
necessary, absolutely requisite, to put up with the violation of the
less valuable legal values and to rescue the more precious, the whole.
Sievers’ remaining at his post in the Ahnenerbe was absolutely necessary
for the removal of Himmler.
Of course it would not be difficult to state _post festum_ that Sievers
could have acted differently, that he ought not have advanced thus far.
But up to now nobody has been able to tell us _how_ he should have
acted. Even the public prosecutor did not try to make a concrete
proposal.
* * * * *
_EXTRACT FROM THE FINAL PLEA FOR DEFENDANT
HOVEN_[5]
* * * * *
In two further parts of my closing brief I dealt with the killings which
Dr. Hoven either undertook himself or which were undertaken with his
knowledge.
In part (b) of the closing brief, I stated that these killings had no
connection with the euthanasia plan.
I further stated that it can be considered proved that Dr. Hoven killed
only two prisoners himself, and that about 50 or 60 prisoners were
killed by order of those responsible for the German and foreign
political prisoners with the knowledge of Dr. Hoven.
I have set forth a legal evaluation of these killings in a further
paragraph under (e) of the closing brief.
The legal arguments as set forth in the closing brief are taken from the
work of the well-known American criminologist Wharton, _Criminal Law_.
The first part of this argument contains, under (e), the literal
quotations from this book.
According to common law, the killing of a man can be either murder,
manslaughter, excusable homicide, or justifiable homicide. Excusable
homicide and justifiable homicide are not punishable.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account