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
A study of departmental limitations will afford insight into the
nature of the judiciary in its relationship with, and its dependency
on, other Reich Ministries and Party offices. An understanding of the
reciprocal connection between the Ministry of Justice and the Reich
Ministry of the Interior, as well as the limitations imposed upon
both will yield enlightening information on many questions. We shall
also find these necessary connections with other Ministries existing
before 1933 and thereby refute the assumption of the prosecution that
these intersectional connections which are to be found in any system
of government constitute a creation of the Nazis and were adopted
by them for the purpose of achieving their own ends. It will be
necessary, in this connection, not only to discuss the strictly legal
aspects involved, but also to show what the actual conditions were
with respect to power and authority. We will have to reconstruct the
events as they occurred at that time in a state under dictatorship and
show what legal consequences a necessary examination conducted from
the viewpoint of constitutional law will yield. The question will be
raised as to what would have been the consequences of a failure to
comply with an order, and would obedience, therefore, legally exclude
guilt. A factor of great importance in considering that problem is the
determination of the relationship between the judiciary and the police.
The effective role played by Himmler, as chief of the entire police
force, must also be taken into consideration. The full presentation of
facts will show how the police interloped in affairs of the judiciary,
and how this interference led, during the course of the years, to an
appreciable weakening of the position held by the judiciary. We shall
see what means were and had to be employed to fight that battle. The
contrast between the position of the justice administration which was
weak by nature and that of the police which was equipped with all
the instruments of power it employed ruthlessly through the offices
of Himmler and Hitler will become manifest. Again and again one will
perceive how the judiciary was confronted with accomplished facts,
how it strove to defend or recapture lost ground, how all of its
activities, as a matter of fact, were overshadowed by the constant
pressure and expansionistic aims brought into play by the police. It
will be shown how everyone in the Ministry sought to retain as a last
bulwark the concept of the constitutional state for practical usage.
It will be brought out how the police, beginning with the protective
custody order and ending up with the establishment of its own preserve
in the concentration camps and the subsequent creation of its own
SS jurisdiction over its members finally secured their exemption
from the judiciary. Yet in spite of the constant rivalry between the
judiciary and the police we must not lose sight of the fact that
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