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
A. Yes, no doubt. For those who were concerned, those to whom the order
was addressed, the order issued by Hitler, whether it was concerned
with an individual case or whether that was a legal norm or whether it
was an official instruction, was binding.
* * * * * * *
DR. SCHILF: Now I want to ask you, what, in principle, was the
relation between international law and the law of the individual state,
and I would like to ask you whether that relationship was changed under
the Hitler state?
WITNESS JAHRREISS: Counsel, I suppose I am right in assuming
that by that question you refer mainly to Article 4[154] of the Weimar
constitution?
Q. Yes, that is my intention.
A. Among the methods by which human beings are directed in social
intercourse, there is, as one of several, the order [Befehl]. That in
itself, unsympathetic as it appears to people everywhere as a method,
has the one characteristic that it is unavoidable. Consequently, there
is nowhere among human beings a sphere where there is no rule. On the
other hand, all mankind in effect today stands in permanent relation of
life with one another without, as a whole, being subject to one rule.
Both together result in the situation which again and again worries
people, which we call the situation referring to international law.
Only groups of mankind, smaller groups or larger groups, are under a
common rule. Therefore, if a continuous life, in spite of being divided
into various units of rule, is to be made secure, and that in a proper
manner, then there must be norms which hold together in an entity those
various units of rules.
Or to express it in a different way, the power of authority of the
various units must be brought in line in such a way that a community
life is possible. That means, however, the ruling authority of the
individual units must be restricted by the whole. The central point
of international law is therefore constituted by those norms which
lay down that limitation of the authority of the individual groups.
Therefore, I suggested, and I was the first person to demonstrate that
in science, that the law of an individual state, that is to say the
constitutional law, should never be described without also describing
the limitations under international law. If we were to achieve the
situation, if I may say so here, whereby everywhere in the world all
young jurists from the very beginning would be accustomed to see the
constitutional questions of their own country always in connection with
those of international law, then a great deal would have been done to
strengthen international law.
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