Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
“The Reich Leader SS has come to an agreement with the Reich
Minister of Justice Thierack that the courts will forego the
carrying out of regular criminal procedures against Poles
and members of the eastern peoples. These people of foreign
extraction henceforth shall be turned over to the police. Jews
and gypsies are to be treated likewise. This agreement was
approved by the Fuehrer.”
These instructions to the SS and SD in the East continue:
“Those considerations which may be right for the punishment
of an offense committed by a German are wrong with regard
to the punishment of an offense committed by a person of
foreign extraction. The personal motives of the offender are
to be disregarded completely. Important only is that this
offense endangers the order of the German community, and that,
therefore, measures must be taken to prevent further dangers.
In other words, the offense committed by a person of foreign
extraction is not to be judged from the point of view of legal
retribution by way of justice, but from the point of view of
preventing danger through police action. From this follows that
the criminal procedure against persons of foreign extraction
must be transferred from the courts to the police.”
With the Jews, Poles, gypsies, Ukrainians and other so-called “asocial”
persons throughout the occupied east relegated to a carefully prepared
death, this same unholy alliance returned its attention to the Reich
and the Protectorate of Bohemia and Moravia. There, by the infamous
decree of 1 July 1943,[53] signed among others by Thierack, all of
the foregoing perversions of judicial and penal process were tardily
“legalized” by officially denying to all Jews any recourse to the
criminal courts and committed any Jews accused of an undefined
“criminal action” to the police.
With grim humor the following article of that statute ordered the
confiscation by the Reich of a Jew’s property after his death.
This decree completed the absolute disfranchisement and expropriation
of property of Jews in the Third Reich and Bohemia and Moravia who had
not already, by that time, been deported or slain.
Prison inmates not transferred to concentration camps, pursuant to
the foregoing program, were hardly better off in Reich prisons under
the hospitality of the Minister of Justice. The defendant Joel had a
working agreement with a deputy of Himmler’s whereby he turned over to
the SS, for shooting, those defendants whose sentences by the courts
were deemed insufficient by Hitler who followed published decisions in
the newspapers. A number of charts tabulating the shootings of such
defendants, many of whom had received only minor sentences, attest to
Joel’s zealous activity on this score. Schlegelberger, too, studiously
concocted what was deemed a “legal basis” for these shootings of prison
inmates serving minor sentences.
d. Judicial Murders in Violation of International Law
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