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 are not concerned in this opening statement with discussing niceties
of legal draftsmanship nor shall we now use American legal terminology
to describe the ultimate relationship of defendants, whose guilt is
fixed by paragraph 2 of article II to the overt act; namely, any crime
as defined in paragraph 1 of article II. But we are concerned with
offering to this Court our observation upon its legal effect.
We do not concern ourselves now with principals or accessories. We do
discuss the relationships arising out of the words “abetted” and the
relationships set out in clauses (_c_), (_d_), and (_e_), paragraph
2 to the overt act. At the threshold, we point out that the crime,
which defendants who occupy any of the relationships last referred to
are guilty of committing, is _any crime as defined in paragraph 1 of
article II_. The proof must show that a crime as defined in Law No. 10,
article II, paragraph (1), that is, a crime within the jurisdiction of
this Tribunal, was committed, but if it was committed by any of the
defendants or a person other than the defendants in the dock or any
of them, and any of these defendants abetted the doing of that act,
was connected with a plan or enterprise to commit it, consented to its
commission, or was a member of any organization or group connected with
the commission of any crime within the jurisdiction of the Tribunal, he
is guilty of committing that crime.
The IMT has given two persuasive interpretations of the meaning of the
words “being connected with” which we cite.
In the case of the defendant Streicher who was found guilty of
committing crimes against humanity, the IMT said:
“Streicher’s incitement to murder and extermination at the time
when Jews in the East were being killed under the most horrible
conditions clearly constitutes persecution on political and
racial grounds in connection with war crimes, as defined in the
charter, and constitutes a crime against humanity.”[45]
The case of von Schirach is also most enlightening. Anschluss with
Austria took place on 12 March 1938. Von Schirach was appointed
Gauleiter of Vienna in July 1940. Von Schirach was found guilty of
committing crimes against humanity.
The IMT said:[46]
“As has already been seen, Austria was occupied pursuant to
a common plan of aggression. Its occupation is, therefore, a
‘crime within the jurisdiction of the Tribunal’, as that term
is used in article 6 (_c_) of the Charter. As a result,
‘murder, extermination, enslavement, deportation and other
inhumane acts,’ and ‘persecutions on political, racial or
religious grounds’ in connection with this occupation constitute
a crime against humanity under that article.”
* * * * * * *
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