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
As the evidence unfolds we will see the defendant Schlegelberger active
in drafting “legal justification.” We shall see the defendant Lautz
concerned with even minute matters of administration of the People’s
Court in the trial of Czechoslovak nationals both in Prague and those
removed for trial to Berlin, and we shall note that many of the other
defendants were called upon from time to time for their assistance in
making the court system function to the maximum required by National
Socialist policies as they were enforced upon the Czechoslovak nation.
In refusing citizens of occupied territories protection of the law,
the defendants abetted and brought about the murder of thousands of
persons. The acts of the defendants violated the laws of the countries
where committed and were repugnant to the laws of every civilized
country. In administering occupied territory, the defendants were bound
by the Hague Convention to respect “family honor and rights.” These
obligations the defendants ignored, and so squarely placed themselves
in the category of common war criminals.
b. The Night and Fog Decree
On 7 December 1941 the so-called Nacht und Nebel, or Night and Fog
Decree was issued pursuant to the orders of Hitler and Keitel. Perhaps
never in world history has there been a more perverted and diabolical
plot for intimidation and repression than this. Its terms provided
that in case of continued resistance on the part of the inhabitants
of certain of the occupied countries, but largely aimed at France,
Belgium, and the Low Countries, the suspected perpetrators should
be spirited away without any indication of their whereabouts or
eventual fate. The victims were to be tried by the OKW in the occupied
territories only when it appeared probable that death sentences would
be quickly passed and executed. The others were to be taken to Germany,
there to be tried by Special Courts. Whether the death sentence was
there imposed, prison sentences given, or the individuals “acquitted,”
the first and foremost purpose--that of complete secrecy so far as
their family and friends were concerned--was to be preserved. Thus, it
is clear that the cognomen of Night and Fog was well chosen since in
theory and practice the victims vanished as in the blackness of night
and were never heard of again.
In the IMT opinion, the Court observed that--
“The evidence is quite overwhelming of a systematic rule of
violence, brutality, and terror. * * *. After these civilians
arrived in Germany, no word of them was permitted to reach the
country from which they came or even their relatives; even
in cases when they died awaiting trial the families were not
informed, the purpose being to create anxiety in the minds of
the family of the arrested person. Hitler’s purpose in issuing
this decree was stated by the defendant Keitel in a covering
letter, dated 12 December 1941, to be as follows:
Public-domain text, read in full here on John Shaqi.
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