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
Victims of the People’s Court, Special Courts, and civil courts
martial were judicially murdered by certain of the defendants using a
variety of legalistic artifices, all of which had the obvious common
denominator of a zealous desire to exterminate even trifling activity
not even deemed misdemeanors by the community of civilized nations.
One such artifice frequently employed was a subjective, conclusive
assumption by the judges and prosecutors of proof of the very issues
tried. For example, after the Nazi importation of forced labor from the
occupied East had collected large numbers of foreign workers within the
Reich at various war jobs against their will, escape efforts by such
workers across Reich frontiers to their homeland or elsewhere became
frequent. These escapees, when apprehended by border officials, were
normally handed over to the People’s Court for trial for preparation
of high treason, which bore a mandatory sentence of death. The
applicable section of the German criminal code defined high treason in
this context “as an attempt to incorporate by violence or by threat
of violence the German territory in its entirety or in part into a
foreign State or to detach from the Reich territory belonging to the
Reich.” The escapees were indicted, inconceivable as it may be, for the
violation of this provision.
In grasping for some legal straw upon which to base a conviction on
these grounds, the courts created a whole-cloth assumption that such
escapees were heading through Switzerland, or wherever they might have
been picked up, in an effort to join some military legion hostile to
the Reich. The Reich prosecutors were drawn into this scheme. Walter
Brem, a former assistant to the chief Reich prosecutor at the People’s
Court, described the situation thus (_NG-316, Pros. Ex. 79_):
“The majority of these cases concerned foreign laborers who
wanted to look for a job in Switzerland because of inadequate
salaries and insufficient food rations in the Reich. The
prosecution, however, claimed that foreign legions were being
established in Switzerland and that every foreigner wanting to
cross the border illegally did so in order to join up with such
legions. I was ordered by the prosecutor of the People’s Court
to connect the defendants somehow with the foreign legions.
I have never received a positive answer about those alleged
organizations, and the whole concept was known to the foreigners
only as a rumor. Individual proof of any acts of high treason
could not be established; however, the prosecution based its
claims on the assumption that such foreign laborers would behave
in a hostile manner against Germany once given the opportunity.”
Public-domain text, read in full here on John Shaqi.
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