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
It might have been thought that, after the purge of Jewish and
politically dissident judges in 1933, the permanent subjection of
the judiciary to dismissal for political reasons in 1937, and their
complete subordination to the Reich Ministry of Justice in 1939, Hitler
would have at last obtained a suitable judiciary for his most extreme
purposes. Apparently, however, pre-Hitler legal training sometimes had
the unfortunate effect that even trusted Nazi judges failed in their
decisions to measure up to the ideology and expectations of the Third
Reich. At all events, something like a crisis in the German judicial
system occurred in 1942.
On 26 April 1942 Hitler made a speech before the Reichstag in which he
reviewed the effects of the hard winter of 1941–1942 and exhorted the
German people to even greater sacrifices in order to achieve victory.
In the course of this speech, Hitler made certain remarks about the
German legal profession and the administration of justice which had
an immediate and pronounced effect. Hitler said (_NG-752, Pros. Ex.
24_):
“I do expect one thing: that the nation gives me the right to
intervene immediately and to take action myself wherever a
person has failed to render unqualified obedience and service in
the performance of the greater task which is a matter of to be
or not to be. The front and the homeland, the transport system,
administration, and justice must obey only one idea, that of
achieving victory. In times like the present, no one can insist
on his established rights, but everyone must know that today
there are only duties.
“I therefore ask the German Reichstag to confirm expressly that
I have the legal right to keep everybody to his duty and to
cashier or remove from office or position, without regard for
his person or his established rights, whoever, in my view and
according to my considered opinion, has failed to do his duty.
* * * * * * *
“Furthermore, I expect the German legal profession to understand
that the nation is not here for them, but that they are here for
the nation; that is, the world, which includes Germany, must
not decline in order that formal law may live, but that Germany
must live, irrespective of the contradictions of formal justice.
To quote one example, I fail to understand why a criminal who
married in 1937, ill-treated his wife until she became insane
and finally died as a result of the last act of ill-treatment,
should be sentenced to 5 years in a penitentiary at a moment
when tens of thousands of honorable German men must die to save
the homeland from annihilation at the hands of bolshevism.
“From now on, I shall intervene in these cases and remove from
office those judges who evidently do not understand the demand
of the hour.”[34]
Immediately after Hitler’s speech, the Reichstag adopted the following
resolutions:
Public-domain text, read in full here on John Shaqi.
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