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
But much more had to be accomplished in order to achieve a dictatorship
of the proportions envisaged by the authors of the Third Reich. Freedom
of the ballot had to be suppressed so that a false veneer of electoral
approval could be spread over the Nazi edifice. The civil service had
to be purged of dissident officials. An ubiquitous and ruthless police
system had to be created. A multitude of other measures were necessary.
But, above all, law and justice had to be utterly stamped out.
At first blush, the reason for this may not appear. The Nazi cabinet
could decree any law it wanted to with the flourish of a pen. The
courts, unless they were bold enough to deny the very basis of Hitler’s
authority, which they did not do, were bound to punish violations of
these laws. Was this not enough for even Hitler’s purposes?
The answer is twofold. Particularly in the early years of the Third
Reich, Hitler’s government pursued aims and employed methods which
it did not, at that time, see fit to authorize by formal, public
legislation. The regime was not yet strong enough, externally or
internally, to face the storm of disapproval which such legislation
would have encountered. The Nazi government thought it wise to pursue
these aims and employ these methods outside of, and often in violation
of, the letter and spirit of the law. And it did not wish to be
embarrassed or obstructed by an independent judiciary respectful only
to the law. The outcome of the Reichstag fire trial, for example, was
highly embarrassing and promptly bore sinister fruit in the creation of
the People’s Court.
But there was another and much more fundamental reason. The ideology of
the Third Reich was totally incompatible with the spirit of the law. It
could not live under law, and the law could not live under it. To take
but one example: even under stringent anti-Jewish legislation, there
were bound to be situations where an overgreedy German in a civil suit
or an overzealous police official in a criminal case had erroneously
haled a Jew into court. In other words, even under Nazi legislation,
there were bound to be cases when the Jew was legally right. Yet, it
was unthinkable that a German court should exalt the Jew and discredit
the German with a decision in favor of the Jew. Such perplexing
problems could be dealt with only by courts which were not true courts
at all, and which could be trusted to suppress the law and to render an
ideological judgment or, as was done later, to declare the Jew to be an
animal beyond the judicial pale entirely, who could not, any more than
a wrongfully beaten dog, ask judicial intervention or protection.
Public-domain text, read in full here on John Shaqi.
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