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. No, there are not several. It is the first edition. This book, at
the time, was a sensational book for the science of international law
in the whole world. It was the first book which systematically treated
the questions which I am supposed to supply information about here
today. And what Heinrich Triepel laid down at that time basically has
been recognized in the entire science of international law and only
after the First World War a certain lack of security in theory, not
in practice, developed because the so-called “Vienna theory of law”
[Wiener Rechtsschule] founded by Hans Kelsen, who was my predecessor
in Cologne, and who is now teaching in the United States, with its
so-called “pure theory of law” or “norm logic” conceived the things
logically. This did not affect the practice of international law at
all, and thus the sentence is applicable which Triepel formulated on
page 153 of this book, “Judges and subjects are under the obligation
to apply the law of the state, even if contrary to international law,
and to follow it. It is not up to them, but up to the government to
take into consideration the differences and the divergencies with
international law which may arise out of this.”
DR. SCHILF: May it please the Tribunal, I have concluded my
questions to Professor Jahrreiss.
* * * * * * *
_CROSS-EXAMINATION_
* * * * * * *
MR. LAFOLLETTE: * * * I do want to ask you, Dr. Jahrreiss,
a hypothetical question. You may not agree with the hypothesis which
I hypothesize or the implications perhaps inherent in them, but just
for my own purpose and for orderly procedure I ask you to consider my
question and answer it on the basis of the facts which I hypothesize,
purely. Let us assume that I was subject to the complete power of an
individual we will call “A” to force me to obey his orders implicitly;
and, under those circumstances, I saw “A” procuring a strong rope,
strong enough to bind a man completely and securely. Secondly, that
I saw him preparing a strong wooden frame upon the ground, with iron
rings through which he could pass the rope; and, so placed, that
they could bind the legs and arms of a man securely. Third--a wooden
block so shaped that a man’s neck could be placed on it with his head
extended beyond it. And four, that I saw this man “A” sharpening an axe
large enough and strong enough to cut through the neck of a man. And
suppose at this same time I also saw, standing always in view, from one
to six men, each of whom I know that this man “A” has a violent hatred
for and has threatened to kill; and each of whom I know that this man
“A” has the power to capture if he chooses. Now then, let us assume
that this man “A” captures one or more of these men that he hates,
and that I know he hates; and binds this man with the rope that I saw
him prepare, upon the frame that I saw him build; and places his neck
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