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
By his systematic and indubitably extremely cunning propaganda policy,
Dr. Goebbels brought about step by step a constantly increasing
isolation from foreign countries which made it more and more impossible
to form a truly objective judgment about other countries and questions
of foreign policy. It is true, treaties with foreign countries were
heralded with much publicity as proof of the desire for amicable
cooperation with other nations. Considering these circumstances, were
men, even those in higher positions, as for instance, Dr. Rothenberger,
who did not have the slightest insight into matters of foreign policy,
to show less confidence in the National Socialist leadership of the
state than evidently was manifested by the foreign statesmen who
concluded treaties with the Third Reich. Suspicious events were not
discussed by the press and the public and thus escaped public attention
and judgment to a large extent. Insofar as dangerous practices of
national socialism were still discernible in domestic and foreign
policy, they never appeared as naked facts before the German public
as is stated by the IMT verdict but were exhaustively “disguised” in
comments rendered harmless or even excused and justified as the results
of alleged intrigues by the opposing camp.
Without wishing to deny that there exists a certain predisposition
on the part of the German people for the reception of authoritarian
wisdom, bad though it may often be, one cannot get around the fact,
that, based on the circumstances described above, the process by
which Germans, even those on a higher level, arrived at an opinion and
judgment, of necessity moved and was bound to move along certain lines.
The question as to knowledge of certain criminal acts and developments,
or better yet, the question as to recognition of the criminality of
certain acts and developments can therefore be judged psychologically
correctly only on the basis of all the conditions and contexts
prevailing at that time. That applies particularly to wartime, which
in all countries produces special exigencies and places the strongest
emphasis on certain desirable facts while suppressing undesirable ones.
Retrospective observation which, in examining facts, does not put
itself into conditions existing at that time, projects into the past,
knowledge and opportunity of knowledge gained later. Applied to this
trial, the above-named method imputes to the defendants a knowledge, an
awareness of the criminality of circumstances, which they did not have
at that time and makes demands on their faculties of perception which
they could never have satisfied under the circumstances then prevailing.
_VII. Principles of the constitutional state: “nulla poena sine
lege,” “nullum crimen sine lege”_
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