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
In conclusion on count four, the prosecution wishes to point out
certain factors which it believes should be borne in mind in
considering the degree of culpability to be attributed to membership in
organizations declared criminal by the International Military Tribunal.
The charge of membership in these organizations, coupled with knowledge
of the crimes that were committed or participation in those crimes,
is a very serious one. Its consequences will, we believe, have to be
more closely examined at the conclusion of this proceeding, but certain
factors can be pointed out here and now.
It is true, for instance, that in a sense none of the seven defendants
involved in count four were “full time” or “paid” members of these
organizations. All seven of them had full time jobs as judicial
officials but, under the circumstances which the evidence in this case
will disclose, we do not believe that this fact is significant in
estimating culpability.
It is true that the high officers’ ranks in the SS held by Altstoetter,
Engert, and Joel were chiefly honorary. It was part of Himmler’s
calculated policy to draw support to himself from all quarters by
distributing honorary SS ranks and decorations. But those who accepted
special ranks thereby lent the weight of their names and prestige to
Himmler and to Himmler’s policies. If they did not agree with these
policies, they prostituted themselves for whatever prerequisites or
security these shameful ranks and awards might bring.
Where it can be shown, as it will be here, that the defendants not
only were fully familiar with the horrifying scope of Himmler’s
program, but also participated directly in its execution, it should be
considered no defense whatsoever that an individual’s SS activities
were extracurricular rather than his daily bread and butter.
Similar considerations apply to the defendants who were members of the
Party Leadership Corps. Cuhorst, Nebelung, and Oeschey were all members
of the Party years before Hitler came to power; all three of them, and
Rothaug, too, played a leading role in Party affairs. They too, by the
very nature of the positions they occupied in the judicial system, to
say nothing of the fact that they were high in the Party councils, must
have been aware of the activities recited by the International Military
Tribunal as the basis for its declaration of criminality.
Indeed, the guilt of these seven defendants under count four is, in
many respects, deeper than that of many full-time officers of these
organizations. The defendants were highly educated, professional men,
and they had attained full mental maturity long before Hitler’s rise to
power. Their minds were not warped at an early age by Nazi teachings;
they embraced the ideology of the Third Reich as educated adults. They
all had special training and successful careers in the service of the
law. They, of all Germans, should have understood and valued justice.
Conclusion
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