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 present American law does not differentiate between justifiable
homicide and excusable homicide. I refer to my closing brief,
particularly to the statements of Wharton in his book _Criminal Law_,
12th edition, volume I, 1932, pages 826 to 879. According to Wharton,
excuse and justification for a homicide are either repulsion of
felonious assault, or prevention of felony.
The right of self-defense, i.e., repulsion of felonious assault, is
restricted to a narrowly defined number of persons.
On the other hand, everybody is entitled to prevent a crime. I refer to
the details contained in my legal arguments of my closing brief.
Killing a man to prevent a felonious crime requires the following
conditions which are set forth in my closing brief:
(1) The perpetrator must have the bona fide belief that the
commission of a felonious crime is immediately impending. It is
not a condition that such a crime would actually have been
committed. The bona fide belief of the accused is quite
sufficient. In this connection I refer to the legal arguments of
the closing brief.
(2) This belief of the accused must not be negligently adopted.
(3) There must not be any other possibility of preventing a
crime than the killing of a person. In other words—the killing
must be the only means available to prevent the crime.
The prosecution’s assertion in its final plea, “One must not kill five
to save five hundred”, therefore, cannot be considered generally valid
either from the point of view of German or American law.
On the basis of the statements of the prosecution, I have not been able
to see clearly whether that sentence had reference only to the
justification of experiments on human beings or else to the killings
which were carried out by Dr. Hoven or with his knowledge.
The justification of the killings is materially distinguished from that
of the experiments. Those spies, stool-pigeons, and traitors, for whose
killing Dr. Hoven accepted responsibility when in the witness stand, had
planned to commit serious crimes against their fellow prisoners.
Therefore, if the three prerequisites which I mentioned are given, we
are concerned with cases of justifiable or excusable homicide.
In my closing brief, I elaborately explained that these conditions
existed in the case of all the killings for which Dr. Hoven accepted the
responsibility.
The defendant Dr. Hoven had the conviction and good faith that the spies
and traitors, who were killed by him or with his knowledge, were about
to commit serious crimes, resulting in the death of numerous inmates of
the Buchenwald concentration camp. During his examination on the witness
stand, Dr. Hoven gave a thorough description of this.
Public-domain text, read in full here on John Shaqi.
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