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
3. _Methodical ineptness of a retrospective view_--Evaluation
from the point of view of criminal law is concerned with the possible
participation in the commission of a criminal act and the possible
personal guilt. It is decisive for judging a person’s guilt to
establish whether he shared in and had knowledge of the crime and
whether he is conscious of it; so for instance in the case of the
conspiracy which is alleged to have existed since 1933, knowledge of
the criminal development of national socialism since that time is
decisive. In spite of some disappointments and bad experiences in
individual cases surely none of the defendants considered the National
Socialist development in principle and as a whole as criminal, nor was
he necessarily compelled to do so. It is not intended to question the
statements of the IMT about the destructive development of the NSDAP,
which according to article X of Ordinance No. 7, are binding until the
contrary is conclusively proved. Nevertheless, it so happened that the
National Socialist era produced a number of events and institutions
which were either politically indifferent or even appeared as the
expression of peaceful reconstruction; they were not mentioned in the
findings of the IMT. Public opinion, however, was formed on the basis
of those manifestations. Questions such as the revival of trade,
the construction of Autobahnen [super highways], the elimination
of unemployment, the creation of great social institutions, as for
instance the National Socialist Public Welfare Association (NSV) and
the Winter Relief Scheme (WHW), continuously, year in, year out, were
in the limelight with the German public and overshadowed everything
else, not to mention events in the field of foreign policy like the
Anglo-German Naval Treaty, international sport events such as the
Olympic games, etc. The greater part of the population, even the
educated classes, were not aware that unemployment was only eliminated
by an ever more formidable increase of the economic capacity for the
purpose of the coming war, and that the donations and subscriptions
which the people collected by hard work for their social institutions,
disappeared in the gorge of rearmament. Did not Hitler’s protestations
that the construction of Autobahnen was to be considered proof of
Germany’s peaceful intentions of reconstruction, and not as the
expression of militaristic mentality, sound entirely convincing in view
of the fact that should it come to the point these same Autobahnen
would operate strategically to Germany’s disadvantage which actually
did happen?
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