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
_VI. General aspects of criminality_
To understand the line of reasoning on which this presentation of
evidence is based, attention is called to the following general
criminalistic points of view which in themselves of course are known to
the Tribunal. If, nevertheless, they are emphasized here, it is because
the Tribunal is confronted with the extraordinarily difficult task of
having to form a judgment of events, people, and mental processes from
a world of thought which is alien to it.
1. _Limited sphere of activity of individuals under a dictatorial
regime_--Undoubtedly it is a characteristic of a dictatorial regime
that the great majority of the population sinks into more than average
passivity and paralysis of responsibility, in contrast to a democracy
where the average citizens, too, the majority of the population,
display a far greater initiative out of the practical experience of
their liberty and their own sense of responsibility. However, it is a
certainty that the few, who, under such a regime stand in opposition
to the rulers, thereby doing something which in a democracy would
carry no risk worth mentioning, thus risk their lives and liberty.
Consequently, it is not possible to do justice to the circumstances
involved, if one minimizes the courageous actions of individuals in
a dictatorial system by inept comparisons with conditions obtaining
in a democracy. It is obvious, that the question to which degree an
individual had the power and opportunity in a police-state system
to call a halt to developments felt by him to be wrong, must in all
fairness be judged by other standards.
2. _Necessity of individual method of observation_--A dictatorship
blurs, especially to the foreign observer in a completely inconclusive
manner the actually existing, great individual and basic differences,
on account of the “coordination” which to begin with was effected in
the exterior sphere. Thus, for example a German or Frenchman will
hardly succeed in picking out one Chinese face out of a crowd of
Chinese. One looks just like another. For that reason it is the more
imperative to take into consideration the individual personality and
its historic as well as geographical background, like that which
binds Dr. Rothenberger to the Hanseatic tradition of the old trading
and harbor city of Hamburg; the more inapplicable generalization and
standardization may lead to misjudging the specific importance of a
personality and the particular nature of his work.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account