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
We may now retrace some of the steps which the law lords of the
Third Reich took to turn the judicial system into a subservient but
effective agent of the regime. Some of these we have already noted.
The centralization of the administration of justice in the Reich
government, the vesting of over-all authority in the Reich Ministry
of Justice, and the creation of extraordinary courts were essential
steps in the process. Standing alone, these acts might have been
unobjectionable, though the creation of special courts was expressly
prohibited by article 105 of the Weimar constitution. But these first
moves were but the prelude to a series of deadly thrusts at the vitals
of the judicial system. The early history of this organized attack
on the fundamentals of law is summarized in the decision of the
International Military Tribunal--
“Similarly, the judiciary was subjected to control. Judges were
removed from the bench for political or racial reasons. They
were spied upon and made subject to the strongest pressure
to join the Nazi Party as an alternative to being dismissed.
When the Supreme Court acquitted three of the four defendants
charged with complicity in the Reichstag fire, its jurisdiction
in cases of treason was thereafter taken over and given to a
newly established ‘People’s Court’ consisting of two judges
and five officials of the Party. Special Courts were set up to
try political crimes and only Party members were appointed as
judges. Persons were arrested by the SS for political reasons,
and detained in prisons and concentration camps; and the judges
were without power to intervene in any way. Pardons were granted
to members of the Party who had been sentenced by the judges for
proved offenses. In 1935, several officials of the Hohenstein
concentration camp were convicted of inflicting brutal treatment
upon the inmates. High Nazi officials tried to influence the
court, and after the officials had been convicted, Hitler
pardoned them all. In 1942, ‘judges’ letters’ were sent out to
all German judges by the government, instructing them as to the
‘general lines’ that they must follow.”[18]
The destruction of the judicial process continued throughout the era
of the Third Reich. The period from the beginning of the new regime in
1933 until the outbreak of the war was characterized by the rise of
special tribunals, and the steady decrease of procedural guaranties.
After 1939, the war accelerated the conversion of criminal justice
into dictatorial administrative procedure until, at the end of the
war, all resemblance to legal process had vanished. We turn now to an
examination of the particular steps in the process.
a. 1933–1939
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