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
was best qualified to judge? Is it not evident that the administration
of justice under Guertner and Schlegelberger had done their utmost to
face the avalanche? Is Hitler not best qualified to testify against the
charges brought by the prosecution, namely that Schlegelberger had lent
himself to the carrying out of National Socialist ideas of violence as
personified by Hitler?
With this point of view in mind we shall have to judge the defendant
Schlegelberger: A man, known to us only by his work, performed with
integrity, and whose activities, viewed from National Socialist
aspects, Hitler criticized in the above-mentioned way both in his
Reichstag speech on 26 April 1942 and in his decree of 20 August 1942.
Such a person has a right to point out: “The charges brought by the
prosecution which superficially regarded, appear to be against me, and
the charges that the prosecution has brought against me in order to
incriminate me for my 10 years of service as Under Secretary cannot be
judged as isolated facts and without considering motives but must be
evaluated as a whole.” Thus, we will best be able to gain breathing
space after the speech of the prosecution, which is necessary in order
to reach impartial judgment and which culminates in the conclusion that
Schlegelberger “had indeed played a prominent part in the destruction
of German law,” a reproach which he rightly rejects: with which
also the statement of the British Broadcasting Corporation on the
occasion of his retirement from office in August 1942, namely, that
with Schlegelberger, the last judge in Germany, had disappeared--is
incompatible.
Schlegelberger, under secretary for civil law, certainly knew how to
supervise the orphaned Ministry of Justice for a year and a half in
an administrative capacity. The one who succeeded him, his appearance
already threateningly forecast, and to the stemming of whose course
Schlegelberger devoted his whole self, escaped judgment. The aspect
of being the representative [Gesichtspunkt der Repraesentanz] which
obviously has influenced the prosecution essentially, has to be
disregarded.
We will also have to take the fact into account, that Schlegelberger’s
position as interim administrator of the Reich Ministry of Justice,
did by no means equal that of a minister. If, in spite of these hectic
times when everything was being infected by the National Socialist
virus, he succeeded in retaining the position taken over from Guertner,
his decision alone to remain in office until the limits of what could
normally be expected of anyone, certainly not an easy decision, would
fully justify this step. Judging by his personality and studying in
detail the real and true situation during those years we shall explain
what really was behind the Rostock speech mentioned by the prosecution.
Evidence will be offered as to Schlegelberger’s real relations with
the Party and how this was evident in the policy he pursued concerning
questions of personnel.
Public-domain text, read in full here on John Shaqi.
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