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
The relation between international law and the law of the Reich has
been regulated in the Weimar constitution in article 4 and article
45, paragraph 3.[155] There have been many arguments about article
4, at the time when the national [Constituent] assembly was sitting
[in 1919]. After many arguments and after sufficient attention had
been paid to article 45, paragraph 3, eventually the following legal
situation evolved. As far as the German Reich, by treaty, enters into
obligations under international law, in such spheres of life which are
subject to the legislative authority of the Reichstag, the President of
the Reich may not ratify the treaty for Germany before the Reichstag
has agreed by law. That is a transformation of a special nature, and
anticipated transformation, for if the treaty is concluded, because the
other partners ratify it also, then, at the moment the treaty becomes
valid, the special recasting has already been effected. For the rest,
all other international law, as far as it is generally recognized, but
also acknowledged by Germany, is generally speaking recast by article
4. Both ways of recasting gave international law the status of an
ordinary law of the Reich. Yesterday I had opportunity--concerning the
question as to the moral limits of rule--to point out that under the
Weimar constitution the courts were not authorized to examine a law
as for its validity under international law, and certainly not the
administrative authorities. Under Hitler that attitude was not changed.
The general method of transformation of article 4 was kept on, and the
specific one was needed even less frequently because the approval of
the Reichstag was no longer required for the conclusion of treaties.
Hitler could conclude every treaty under international law himself.
As soon as the treaty had been concluded, as soon as it had come into
force, it had already been recast, for Hitler’s ratification was, from
the domestic point of view, a Fuehrer Order.
Q. Professor, to supplement your explanations, may I ask you to read
out to the Tribunal article 4 and also article 45, paragraph 3, so that
the passages you mentioned become quite clear.
A. Article 4 says: “The generally recognized rules of international law
are valid as binding constituent parts of the law of the German Reich
law.” Article 45 says: “Alliances and treaties with foreign states
which refer to matters in which the Reich has legislative power require
the consent of the Reichstag.”
Q. Another supplementary question, Professor. You told us that treaties
under international law were concluded by Hitler alone. I would like to
ask you to explain to us how the question can be solved concerning the
person who was subject to Hitler’s order if there were contradictions?
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