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. If the Tribunal was good enough to follow me in the description of
my life, then it will easily recognize what my work at that time meant
to a man whose life was devoted to the law. At times, today, it is
hard even for me to transfer myself back again into those days and to
bring those days back. In a system which was worked out to the very
last detail of expediency and power, there was a lonely island amidst
the continuous storm in those days--that was the administration of
justice. I had to experience how the storm hit again and again, and how
certain sacrifices had to be made to this storm of power in order to
prevent it from triumphing completely. For me, in that situation, there
was only one consideration--can a measure be made compatible with the
uncompromising principles of law such as I had considered them so far
as a matter of course? Was not everything now only a question of power?
How could I avoid that lust for power and prevent the accomplishment
of these designs? What will go through regardless of my cooperation
and what can I prevent without cooperation? And that deliberation led
me to find that extreme limit which I have mentioned before. It was
for me the final abolition of the independence of the courts. I had
to try to maintain this independence at all costs. In spite of and
in the face of the devilish propaganda on the part of Goebbels, I
was of the firm conviction that the German courts and German judges
were still in good shape. Although, now, from the large number of
the many sentences, particularly of the more recent period, the
prosecution may select a few in order to prove that legal principles
were abandoned in the sentences. To deal with individual cases is not
my task in these proceedings. A full examination of the entire field
of the administration of justice would show that this conviction of
mine was very well founded, and that the maintenance of the integrity
of the German courts was a goal which was well worth my work and my
trouble; because I was, and still am, of the opinion that the work of
the courts is the most secure guaranty for the law. Therefore, I tried
again and again to draw various fields within the scope of work of the
courts. For instance, in the economic field, the problem of getting
agriculture [farms] out of debt [Landwirtschaftliche Entschuldung], the
question of hereditary and marriage health, but the basic prerequisite
was that the courts had to remain independent. When, in 1937, in the
German Civil Service Law, Hitler was given the right to retire any
civil servant if this civil servant could not be expected at any time
to fight for the National Socialist State, in my capacity as chief of
the Department for Public Law at the Ministry, I had a security clause
inserted for the judges; this clause provided that measures regarding
the judicial civil servant could not be based on the objective contents
of a judge’s decision. Once the independence of the courts was lost,
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