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 has also concerned itself with “lynch justice”
[Lynchjustiz]. The defense will present documents proving that the
judicial authorities criminally prosecuted, in spite of the violent
opposition of the Gauleiter concerned, Germans who had mistreated
or shot Allied fliers forced to abandon their planes, and that
they protected Germans who treated such Allied fliers humanely.
This positive attitude of the judicial offices will constitute an
illustration of the relations of the powers [Machtverhaeltnisse] at
that time. The Party and the police in their attitude were opposed
to each other. The leader of the Party Chancellery had ordered all
State and Party offices not to interfere with the execution of “lynch
justice” on Allied fliers. The Minister of Justice could not ignore
this order. He applied it in a manner that could be interpreted as
quashing the proceedings. This weakening of an order instigated by the
Party and the cases in practice mentioned show here, too, the basic
tendency in the consideration of the actual relation of the powers.
Arguments from the aspect of reprisal will also be made, which are
supplementary to the question of “lynch justice.”
The German Law of Pardons needs also to be presented and dealt with
in detail, since it represents the basis, after all, for the proper
evaluation of numerous documents presented by the prosecution,
including the report lists of the Reich Ministry of Justice in matters
of the death sentence. It has been fully codified, and we will refer to
the numerous legal provisions. The entire system of pardon will justify
the statement that it was most painstakingly built up with every safety
measure and must withstand any criticism as a system. The law of pardon
was incumbent upon the head of the State. Hitler transferred his
executive power to Reich Minister Thierack, even for death sentences,
whereas the latter’s predecessor in office, Reich Minister Guertner,
and after his death, Under Secretary Schlegelberger, were restricted
in the execution of the law of pardon in that they could recommend to
Hitler to pardon a person sentenced to death, but they themselves could
not pardon a person. What resulted is necessarily an orientation toward
the utmost which could be obtained from Hitler. The manner they used
and how the whole tendency on the part of the participating offices was
to exhaust fully the possibilities for pardon which were offered will
be shown in the evidence.
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