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
On the other hand, certainly there were legal restrictions for
Hitler under international law. He, as the head of the State, was
the representative of the German Reich with foreign countries. After
the development of affairs, he had to represent the German Reich
without the restrictions which the Reich President still had. Hitler
alone concluded the treaties and terminated them. He alone concluded
alliances and could renounce them. He was bound by international law.
Therefore, he could commit acts violating international law. He could
issue orders violating international law to the Germans.
Now we are confronted with the most difficult problem: What were the
consequences of the violation of international law by an act or an
instruction by Hitler? The nonjurists will probably say that the order
did not exist. But every jurist knows everywhere in the world that
matters for the state, for every state, are not so simple. It is not
true that there is even one state in the world which would say, “Every
wrong act of state is not an act of state at all,” but every government
system had inherent in itself, in varying form, a second order so to
speak--a kind of self-purification system--a system concerned with
finding out whether faulty acts of state are void or valid or are only
partly valid. Every state commits faulty acts--acts of which everybody
knows that they are not in order and knows it at a certain time. Acts
which all the same are maintained, merely because during a legal
procedure the end has to come one day.
In the Germany of the Weimar republic, for example, this is what
happened. When the Reichstag--I just showed it by the example of
Anschuetz--had passed a bill pursuant to article 76, that is, with a
majority which could change the constitution, that law, if it had been
properly promulgated, was binding for every official agency, even, for
example, if it did not comply with an obligation of the Reich under
international law.
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