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 sentence imposed on me not only violates valid international
law, but also legal principles whose observance by all the
courts of the United States is guaranteed by the Constitution of
the United States of America.
The basic principle that has been violated is that no one may be
deprived of the judge [justice] provided for by law and that
each defendant must be granted a regular trial.
The following violations are charged in particular:
The sentence was passed in violation of Article 63 of the Geneva
Convention of 1929. I am a medical officer and was Generalarzt
in the Reserve, which is equivalent to a brigadier general in
the Medical Corps in the American Army. In May 1941 I was in the
Luftwaffe hospital at Kitzbuehl in Austria and became a prisoner
of war. Shortly afterwards I was flown to England and taken to
Camp Latimer (Bucks), known as POW Camp 7. There I was
registered as a prisoner of war in the middle of June 1945 and
received the POW number A 938984. I was informed that I was a
British prisoner of war. I am still a prisoner of war today,
because I was neither discharged _de facto_ nor was I ever given
discharge papers or shown discharge papers that had been filled
out. As a prisoner of war I have a right to have my case tried
by a court martial, as would be correct in case an Allied
medical officer of equal rank were to be indicted on the same
charges. This Court must not only be an officers’ court composed
of judges holding corresponding rank, but it must also be a
professional court, because it must be composed of medical
officers. Since the American Military Tribunal I is not such a
court, it was, for example, not in a position to correctly judge
my activity as scientific consultant medical officer in
relationship to that of a commanding officer.
Article 63 of the Geneva Convention of 1929 purposely makes no
differentiation between crimes that a prisoner of war commits
during his prisoner of war captivity and those which he
committed before he became a prisoner of war. In accordance with
the purpose and spirit of the Geneva Convention of 1929, the
prisoners of war are to be protected by this provision from
being brought up before a special court or from any limitation
of their legal rights.
(2) There is a violation of Article 64 of the Geneva Convention
because the legal remedies that would be available to an Allied
medical officer in a corresponding case cannot be used in the
case of the sentence that has been imposed upon me, because
Article 15 of Ordinance No. 7 of the American Military
Government in Germany provides that the verdicts of the Military
Tribunals are final and incontestable.
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