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 indictment also makes it necessary for us to decide how far a
state may and can consider itself competent to extend its power to
punish [Strafgewalt] acts committed abroad. Is it consistent with
international law to prosecute foreigners for punishable acts committed
abroad? The extent to which a state may take it upon itself to take
action for acts committed abroad depends on whether such state
inclines toward the principle of personality [Personalitaetsprinzip],
the principle of territoriality [Territorialitaetsprinzip], the
principle of protective law [Schutzrechtsgrundsatz], or the principle
of universal law [Weltrechtsgrundsatz]. As can be seen from a study
of comparative law and from the history of law, diverse and variable
opinions are held about this in the different countries, and the
science of international law after the First World War shows this in
particular. We shall point out the basic principles which are contained
in sections 3 and 4 of the Penal Code of 1870, and we shall find again
in the Supplementary Law (Novelle) of 6 May 1940, which extends the
sphere of authority of the penal law, and which is now being assailed
by the prosecution, ideas drafted for the reform of the penal law
conceived long before 1933. Article 153a of the Code of Criminal
Procedure is, to a certain degree, intended to act as a safety valve
against a too exaggerated application, and has in fact greatly reduced
prosecutions, and it shall be dealt with in this context.
The discussion on the introduction of German law and the establishment
of German courts in the Protectorate will cover the three decrees
of the Ministry of Justice, which were also issued as a result of a
decree published by Hitler in the form of a law, and an ordinance
supplementing this decree, both of which were not countersigned by
the Reich Ministry of Justice. In this connection, it is necessary to
clarify the international relations existing between the so-called
Protectorate and the German Reich. Are we concerned with a bilateral
international treaty negotiated between Hacha and Hitler, an
intervention, an annexation, or an occupation? From the subjective
point of view, what the German public and what the defendants actually
knew about conditions then prevailing will be decisive in each case.
We shall have to discuss here and at other occasions--and this is not
dependent on the above--whether within the scope of the indictment
concerning a crime against humanity, the actually selected form of
legislation and administration of justice is not also justified in
its scope under different international conditions. Can one, to give
an example, consider it inhuman if members of the Protectorate were
subjected to the provisions of the German Criminal (Penal) Code
regarding treason and high treason, if the provisions of the law
governing occupied territories would also have justified the same
penalties for aiding and abetting a hostile army?
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