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
Q. If the principle enunciated among other bodies by the first
tribunal, the IMT Tribunal, namely, the principle of the penal
responsibility of an individual officer for violations of international
law, should be applied, then you have, do you not, a modification of
your principle which you have stated with reference to the necessity
that judges must obey the law of the state. In other words, if that
principle of penal responsibility of the individual has become a part
of international law, then the anomalous situation would arise where
the officer, perhaps the judge, may have been required by his state
law to make a decision, but may, nevertheless, be responsible if any
tribunal has jurisdiction to try him, for a decision contrary to
international law. Isn’t that true?
A. If I understood your question correctly, Your Honor, the general
validity of the principles of the charter as international law
could, in regard to judges of those states which require that their
officials apply the law of the state as the final will, bring about
tragic conflicts of conscience, for which, in my opinion, there is no
indubitable legal solution at all. But, Mr. President, I do not know
whether I quite understand your question correctly.
Q. I do not think I will attempt to repeat it further. I understood
your position. It is true, is it not, that there was no tribunal in
Germany, perhaps anywhere else, which had statutory jurisdiction to
apply international law in a penal proceeding against a public officer
of the state who had complied with the state law?
A. Yes, that is correct.
Q. Then, if there were a tribunal that had jurisdiction to apply that
law, might it not perhaps, arrive at a different decision, legally,
from the decision which this court of the state itself, would arrive
at; might not an international tribunal, having jurisdiction to pass
upon the question, arrive at a different answer as to criminality of
an individual officer who had violated international law, but had not
violated the law of the state?
A. Yes, that would be so, but, Mr. President, if I may say so, that
is the very thing which I call the tragic situation of the official
concerned.
* * * * * * *
E. General Development of the Administration of
Justice under Hitler
EXTRACTS FROM THE TESTIMONY OF
DEFENDANT SCHLEGELBERGER[156]
DR. KUBUSCHOK (counsel for defendant Schlegelberger): Witness,
what is your career, your professional career in particular?
Public-domain text, read in full here on John Shaqi.
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