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
With regard to the introduction of German law in the Eastern
territories we must first of all consider that they were essentially
divided into the following three groups, namely:
1. Territories which were part of the Union of Soviet Republics
after September 1939;
2. The so-called Congress Poland [Kongresspolen], the principal
part of the Polish Republic, which was administered under the
designation of Government General, and finally;
3. The western parts of Poland, which before 1918 were made
up mainly of the German provinces of Poznan, Upper Silesia,
and other small parts of provinces. German jurisdiction was
introduced only in areas mentioned under 3, and they were
designated as “Incorporated Eastern Territories.” The former
Russian territories mentioned under 1 were subordinate to the
military and civilian governors, and the Government General
mentioned under 2 to Governor General Dr. Frank. Both these
groups were completely outside the administrative competency, or
even the sphere of influence, of the Reich Ministry of Justice.
If, therefore, we have to concern ourselves with the question of the
introduction of German jurisprudence only in the so-called Incorporated
Eastern Territories, then we shall call attention to a point of view
widespread in science and actual application, whereby a declaration
of war renders treaties [staatsrechtliche Vertraege] meaningless
between the parties at war. Not only was this point of view especially
advocated in a detailed justification by the Reichsgericht, as the
German Supreme Court, already after 1918, but it was also championed
in French works on international law, as for instance in Foignet’s
Droit International Public [International Public Law]. It will be shown
that other states have in fact also accepted this point of view. The
recognition that this viewpoint concerning international relations was
actually followed in practice will be shown by an agreement concluded
between Germany and the Soviet Union, which pertains to judicial
procedure in civilian matters in Polish territories incorporated into
the Soviet Union in 1940.
The answer to the question--which has already come up many times
during the examination of witnesses by the Court--namely the question,
whether it was permissible to apply the criminal ordinance for Poles
[Polenstrafrechtsverordnung] also to those Poles who did not come to
Germany of their own volition, will depend on whether we consider the
introduction of German jurisdiction in the above-mentioned extent
admissible. I don’t believe that the evidence presented by the
prosecution covers a case which proves that a Pole who did not come
to Germany voluntarily, was sentenced. Generally speaking however, we
will have to take into consideration the fact that the Pole who came to
Germany was subject to that law which then applied in his former place
of residence.
Public-domain text, read in full here on John Shaqi.
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