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 prosecution believes that, once it has established that a defendant
was a member of one or more of the criminal organizations, it is
incumbent upon the defendant to come forward with evidence that he
neither knew of the criminal activities of the organization, nor
participated in their commission, or that he ceased to be a member
prior to 1 September 1939. We believe that any question concerning the
burden of proof will be entirely academic in this case, in as much as
the positions which these defendants held, and the evidence embodied in
the documents which we will offer in evidence will show beyond question
that they both knew of and participated in the criminal activities.
a. Membership in the SS
I will deal first with the four defendants charged with membership in
the SS. The evidence will show that the defendant Altstoetter became
a member of the SS in 1937, that he remained a member after 1939, and
attained the rank of Oberfuehrer (senior colonel) in June 1944. The
defendant Cuhorst became a sponsoring member (Foerderndes Mitglied)
of the SS in January 1934 and remained such after 1939. The defendant
Engert joined the SS in 1936 and thereafter attained the rank of
Oberfuehrer (senior colonel). The defendant Joel joined the SS in 1938,
and attained the rank of Obersturmbannfuehrer (lieutenant colonel).
The activities for which the SS was declared a criminal organization
are set forth in the judgment of the International Military
Tribunal.[69] These activities included the extermination of numerous
“undesirable” classes, including Jews, and the transfer of numerous
Jews and foreign nationals to concentration camps where they were
murdered and tortured.
It will be abundantly apparent from the proof that if any member of the
SS knew of, and participated in, its widespread criminal activities,
surely these defendants did. They were directly concerned with penal
problems, and, as we have seen, of necessity their cooperation with the
SS was extremely close. In fact, Himmler himself took special pains to
insure that the German judiciary would be fully advised on the ideology
of the SS and of its nefarious aims and purposes. In July 1944 at the
special invitation of Thierack as Reich Minister of Justice, Himmler
made a speech to the presidents and the attorneys general of the
courts of appeal. A report from the files of the Ministry of Justice
describing this occasion reads as follows:
“On the invitation of the Reich Minister of Justice Dr.
Thierack, the Reich Leader SS, spoke to the presidents and the
attorneys general of the courts of appeal at the Reich Castle of
Cochem on 20 May 1944. The question of the development and the
aims of the SS was dealt with, in particular the importance of
the racial question, questions of national biology, fighting
selection, racial community, the importance of the Waffen SS
(armed SS) and the greater German concept.
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