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
“The Reich Supreme Court, as the highest German tribunal,
must consider it its duty to effect an interpretation of the
law which takes into account the change of ideology and of
legal concepts which the new State has brought about. In order
to be able to accomplish this task without having to show
consideration for the decisions of the past brought about by
other ideology and other legal concepts, it is ruled as follows:
“When a decision is made about a legal question, the Reich
Supreme Court can deviate from a decision laid down before this
law went into effect.”
This tyrannical doctrine of “punishment by analogy” was given a sugar
coating by Dr. Hans Frank (_NG-777, Pros. Ex. 19_):
“In the future, criminal behavior, even if it does not fall
under formal penal precepts, will receive the deserved
punishment if such behavior is considered punishable according
to the sound sentiment of the people.”[26]
But once again, Josef Goebbels was shameless enough to state the
doctrine with complete frankness (_NG-417, Pros. Ex. 23_):
“While making his decisions the judge is to proceed less from
the law than from the basic idea that the offender is to be
eliminated from the community. During a war it is not so much
a matter of whether a judgment is just or unjust, but only the
decision is expedient. The State must protect itself in the most
efficient way and wipe them out entirely * * *. One must not
proceed from the law, but from the resolution that the man must
be wiped out.”[27]
On the administrative side, the prewar years were characterized by ever
closer collaboration between Himmler’s Gestapo and the Reich Ministry
of Justice. In February 1937, Himmler directed that all Gestapo matters
be made available to the district public prosecutors. The next month,
the Reich Minister of Justice (Guertner) addressed a letter to all the
district public prosecutors, calling attention to Himmler’s directive
and stating (_NG-323, Pros. Ex. 32_):
“In order to have this decree fulfill its purpose and in the
interest of the closest possible collaboration between the
office of the public prosecutor and the authorities of the
Gestapo, I hereby issue this supplementary order that in
future, public prosecutors routinely address all requests for
investigations to be conducted on the basis of reports of
political nature received by them directly, to the local and
district police authorities _via the competent state police
offices_. When in cases based on such reports, the necessary
interrogations of the accused or the witnesses are procured by
the court itself or by the expert of the prosecution, and the
police authorities are not at all involved in the proceedings,
I request that the state police offices be informed of the
proceedings as soon as possible.”[28]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account