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
Beginning with this issue in October 1942, the Judges’ Letters were
issued regularly and continued to be filled with exhortations to the
utmost ruthlessness in the imposition of sentences. Later on, they
were supplemented by Lawyers’ Letters (Rechtsanwaltbriefe). As time
went on, German criminal law and procedure scarcely retained any other
elements than that of threatening wavering elements of the population
into submission. The wholesale destruction of legal process culminated
at the very end of the war in the creation of the emergency civilian
courts martial, which have already been mentioned. These courts martial
were given jurisdiction “for all kinds of crimes endangering the German
fighting power or undermining the people’s defensive strength”[38]
and, if they found the defendant guilty, could impose only the death
sentence. The end of the war cut short the life of these tribunals,
after ten weeks of judicial terrorism.
Throughout the war, the administrative and penal branches of the
Ministry of Justice continued to cooperate in protecting loyal
followers of the Third Reich from criminal prosecution for their
innumerable atrocities against Poles, Jews, and other “undesirable
elements.” At the successful conclusion of the Polish campaign,
an unpublished decree suspended all prosecutions against racial
Germans in Poland for any punishable offenses which they might
have committed against Poles during the Polish war “due to anger
aroused by the cruelties committed by the Poles.” In 1941, the
defendant Schlegelberger assured Rudolf Hess that he would consider
“benevolently” an amnesty in any particular case of atrocities
committed after the conclusion of the Polish campaign. An example of
this “benevolent consideration” may be worth noting. Two Germans,
one of whom was a sergeant of police, shot two Polish priests in
Poland in the spring of 1940 “for no reason other than hatred for the
Catholic clergy.” A Special Court imposed 15 years’ penal servitude for
manslaughter. After 2 years of the sentence had been served, Himmler
asked that the Germans be pardoned, and that it be made possible for
them to “win their reprieve” through service at the front. At Himmler’s
request, the Ministry of Justice reduced the sentence to 5 years, and
both men were released from confinement and assigned to duty in a
Waffen SS [armed SS] unit.
After the advent of Thierack and Rothenberger, cooperation between the
Ministry of Justice and Himmler’s police became even closer. On 18
September 1942 Thierack and Rothenberger held a long conference with
Himmler and other high ranking SS leaders at Hitler’s headquarters.
Thierack’s notes of the meeting included the following (_654-PS,
Pros. Ex. 39_):
“1. Correction by special treatment at the hands of the police
in cases where judicial sentences are not severe enough. On the
suggestion of Reichsleiter Bormann, the following agreement was
reached between the Reich Leader SS, and myself:
Public-domain text, read in full here on John Shaqi.
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