[511]Concerning this document, see extracts from the testimony of defendant Lautz reproduced below in this section.[512]The first-mentioned law, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B, and extracts from the second mentioned law, as a part of Document NG-715, Prosecution Exhibit 112, on page 184. Article 2, paragraph 1 of the law of 20 December 1934 provides that “Whoever makes statements showing a malicious, inciting or low-minded attitude toward leading personalities of the State or the NSDAP, or about orders issued by them, or about institutions created by them which are apt to undermine the confidence of the people in its political leadership, shall be punished with imprisonment.” The decree of 17 August 1938 on special criminal law in wartime established and defined the new offense of “undermining of military efficiency” and makes the death sentence mandatory. In view of the different penalty under the two laws, the question of indicting a person who allegedly made defeatist remarks under the one law or the other was most significant.[513]Concerning Judges’ Letters, see the materials in section V C 3 b.[514]A town west of Smolensk where a mass grave of 10,000 Polish army officers was found. See Trial of Major War Criminals, op. cit., volume XXIII, page 426.[515]The reference is to the act of 20 December 1934, which does not provide for the death penalty.[516]The reference is to the decree of 17 August 1938, which makes the death penalty mandatory.[517]Extracts from the testimony of defendant Schlegelberger have also been reproduced in sections IV E, V B, V C 2 a, V D 2, and V D 3.[518]Reproduced above in this section.[519]Extracts from the testimony of defendant Lautz are also reproduced in section C 1 b. His entire testimony is recorded in the mimeographed transcript 23–25, 28 July 1947, pages 5761–5775; 5781–6054.[520]Decree concerning special criminal law in time of war and special emergency, 17 August 1938, reproduced in part as a part of Document NG-715, Prosecution Exhibit 112, on page 184.[521]Document NG-1474, Prosecution Exhibit 515, is not reproduced herein. The cross-examination of Dr. Horst Guenther Franke concerning this affidavit is recorded in the mimeographed transcript, 22 September 1947, pages 9265–9280. The affiant Dr. Franke was the official in the Reich Ministry of Justice who succeeded defendant Joel in the fall of 1943 as chief of the ministry section dealing with crimes against war economy.[522]Document NG-510, Prosecution Exhibit 97, a decree of 8 March 1943 by Thierack further defining the jurisdiction of the People’s Court in case of “subversive undermining of German military efficiency.” This decree is not reproduced herein.[523]Document NG-671, Prosecution Exhibit 220, reproduced in part above.[524]Prior to his assignment in the Reich Ministry of Justice, defendant Rothaug had been presiding judge of the Nuernberg Special Court.[525]Document NG-659, Prosecution Exhibit 126, an affidavit of defendant Lautz dated 17 January 1947, is not reproduced herein.[526]Bruno Gruenwald appeared as a prosecution witness. His testimony is recorded in the mimeographed transcript, 3 June 1947, pages 3879–3910.[527]These exhibits are all reproduced herein in whole or in part. Document NG-676, Prosecution Exhibit 178, is a letter of 5 July 1944 from the defendant Klemm to the president of the district court of appeal and the attorney general in Stuttgart concerning cases of defeatism (sec. V C 3 b); Document NG-627, Prosecution Exhibit 474, is a letter of 1 March 1945 from defendant Klemm to the president of the district court of appeal and the attorney general in Hamburg, concerning dangerously lenient sentences (sec. V C 3 b); and Document NG-674, Prosecution Exhibit 100, is a report of a conference held in Weimar on 3 and 4 February 1944 concerning undermining morale and malicious political acts (sec. V E).[528]Document NG-685, Prosecution Exhibit 259, reproduced in part at the beginning of this section.[529]Document NG-595, Prosecution Exhibit 136, reproduced above.[530]Reference is made to the law of 24 April 1934 “amending provisions of criminal law and criminal procedure,” the pertinent parts of which are reproduced on page 169 as part of Document NG-715, Prosecution Exhibit 112. This law expanded the previously existing concepts of treason and high treason.[531]Report contained in Document NG-548, Prosecution Exhibit 347, reproduced above in this section.[532]Complete testimony is reproduced in the mimeographed transcript (26–28 Aug 1947), pages 7649–7752, 7780–7901.[533]Extracts from the official files in the Beck case are reproduced above in this section.[534]Presiding Judge Brand refers to defendant Barnickel’s letter of 30 July 1943 to the Reich Chief Prosecutor at the People’s Court in which he enclosed the indictment in the Beck case. This is reproduced earlier in this section as a part of Document NG-381, Prosecution Exhibit 159.[535]Other extracts from the testimony of defendant Rothaug appear in sections V C 1 A, V C 1 B, V D 2, and V F.[536]Extracts from the official files in the Lopata case are contained in Document NG-337, Prosecution Exhibit 186, reproduced above in this section. The defendant Rothaug was presiding judge of the Special Court which sentenced Lopata to death upon a second trial in April 1942.[537]At the first recess, the prosecution called Mr. Arnold Buchthal, one of the prosecution’s research analysts, as an expert witness concerning the translation and meaning of the disputed words “Polnisches Untermenschentum.” Until 1939, Buchthal had lived in Germany, Austria, and Switzerland; and German was his native language. He testified that the literal translation of “Polnisches Untermenschentum” was “Polish subhumanity;” that he had never heard the expression “Untermenschentum” used in Germany before 1933; that after 1933 the context in which the word was used was always political, referring to Jews, Czechs, Poles, or Communists. On cross-examination, Buchthal said that the word might have been used occasionally in the technical language of the criminologist, but certainly not frequently. (Tr. 7471–7474.)[538]For the decree establishing the nullity plea and other material concerning its application, see section V C 1 b.[539]Document 1393-PS, Prosecution Exhibit 508, reproduced in section IV B.[540]Reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 160.[541]This law of 20 December 1934, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B.[542]This document is discussed in extracts from the testimony of defendant Klemm, reproduced below in this section.[543]Entire testimony is recorded in the mimeographed transcript (9 May 1947) pages 3021–3046.[544]The reference is to Article 130a of the Reich Penal Code, which was inserted into the Code by the Law of 26 February 1876: “Imprudent Discussion of State Affairs by Ministers of Religion (Kanzelmissbrauch). 130a. A clergyman or other minister of religion who in the exercise of his calling or on the occasion of such exercise makes affairs of state a subject of his announcement or discussion in a manner endangering public peace either before a crowd or before several people assembled in a church or other place assigned for religious meetings, shall be punished by imprisonment or confinement in a fortress not to exceed 2 years. A similar punishment shall be imposed upon a clergyman or minister of religion who, in the exercise of his calling or on the occasion of such exercise, issues or distributes writings in which affairs of state are made the subject of announcement or discussion in a manner endangering public peace.”[545]Further extracts from the testimony of defendant Rothaug appear in sections V C 1 a, V C 1 b, V D 2, and V E.[546]Dr. Karl Ferber’s testimony is recorded in the mimeographed transcript (31 Mar., 1, 3, 8 Apr. 1947), pages 1312–1315, 1319–1466, 1576–1630, 1665–1746. Ferber was a district court director (Landgerichtsdirektor) and associate judge of the Nuernberg Special Court. He was called a prosecution witness. Ferber referred to the case of a second Catholic Priest named Froehlich who had buried a Pole in Roding (Upper Palatinate), mimeographed transcript, pages 1352–1354, 1743–1744.[547]The text of this law, Document 1393-PS, Prosecution Exhibit 508, is reproduced above in section IV B.[548]Reference is made to Alfred Rosenberg who was tried and sentenced to death by the International Military Tribunal. See Trial of the Major War Criminals,op. cit., Volumes I-XLII.[549]The text of article 130a of the Reich Penal Code is reproduced in a footnote earlier in this section. The Insidious Acts Law of 20 December 1934, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B.[550]Further extracts from the testimony of the defendant Klemm appear in sections V C 1 A, V C 3 B, V C 3 D, and V D 2.[551]Reproduced above in this section.[552]At this time the defendant Klemm was Under Secretary in the Reich Ministry of Justice.[553]Tr. pp. 10587–10604, 18 October 1947.[554]Document NG-414, Prosecution Exhibit 252, has not been reproduced in this volume because of its great length and because it has been impossible, in view of space limitations, to include any considerable amount of evidence concerning clemency matters—a topic frequently in issue in the Justice Case. The document in question is 142 pages in the original German and 162 pages in the English translation. It consists of file notes of the Reich Ministry of Justice concerning “Reports to the Minister of Justice,” “Reports to the Under Secretary” (Staatssekretaer), and “Death Sentence Reports” for the following dates: 24 and 27 January 1944; 10, 22, and 29 February 1944; 8, 17, and 29 March 1944; 5, 18, and 26 April 1944; 3, 12, and 31 May 1944; 2, 8, 16, 21, and 30 June 1944; 2 and 17 August 1944; 22 and 29 September 1944; 5, 12, 19, and 27 October 1944; 10, 16, and 29 November 1944; 7, 15, and 21 December 1944; and 4, 10, 17, and 24 January 1945. The “Death Sentence Reports” list the names (usually only the family name) of persons sentenced to death, dividing the death sentences into “doubtful” and “clear cut” cases, and grouping the sentences mainly under the following categories: “high treason cases,” “treason cases,” and cases involving “undermining the military efficiency.” On the reports a diagonal line was drawn indicating that the death sentence was confirmed. For example, the list of 17 January 1945, mentioned specifically by the defendant Klemm in his final statement, shows the following diagonal lines in the category “high treason cases.” (For typographical reasons, the diagonal lines have here been indicated before the respective letter or figure, whereas on the original document, the diagonal lines were drawn through them.)/a.doubtfulHaukeDeathRitterDeathSchellenbergerDeathGiezeltDeath/b.clear cut/1. HoehnDeathSchultzDeathSeiffertDeath/2. KroegerDeathSplenemannDeathFuebingerDeath/3. BoeckerDeathKaessDeath/4. LuedtkeDeath/5. HaitzmannDeathBueschingerDeathHaubergerDeathThe document shows that between 24 January 1944 and 24 January 1945, death sentences of more than 2,500 persons were confirmed. The largest number confirmed appears on the report of 22 September 1944, 128 cases; and the smallest number appears on the report of 4 January 1945, 25 cases. The report for 17 January 1945, mentioned specifically by the defendant Klemm, shows that 49 death sentences were confirmed.[555]All the documents referred to are reproduced in the preface portion of this volume and are not reproduced as a part of this judgment. See Table of Contents.[556]Text is reproduced in “The Axis in Defeat,” Department of State Publication No. 2423 (Government Printing Office, Washington, D. C.), pages 24 and 25.[557]Ibid., pages 62 and 63.[558]Ibid, page 10 et seq.[559]Alwyn V. Freeman, “War Crimes by Enemy Nationals Administering Justice in Occupied Territory,” The American Journal of International Law, XLI, July 1947, 605.[560]John H. E. Fried, “Transfer of Civilian Manpower from Occupied Territory,” The American Journal of International Law, XL, April 1946, 326–327.[561]Trial of the Major War Criminals, op. cit., judgment, volume I, page 254.[562]Ibid., p. 218.[563]Ibid., p. 174.[564]Ibid., p. 219.[565]Herbert Wechsler, “The Issues of the Nuremberg Trial,” Political Science Quarterly, LXII, No. 1, March 1947, 14.[566]Hackworth, “Digest of International Law”, (Government Printing Office, Washington, 1940), volume 1, pages 1–4.[567]Hyde, “International Law”, (2d rev. ed., Boston, Little, Brown & Co., 1945), volume 1, page 4.[568]Lord Wright, “War Crimes under International Law,” The Law Quarterly Review, LXII, January 1946, 51.[569]Hyde, op. cit., page 2.[570]Philip C. Jessup, “The Crime of Aggression and the Future of International Law,” Political Science Quarterly, LXII (Mar 1947), No. 1, page 2, citing Journal of the United Nations, No. 58, Supp. A-A/P. V./55, page 485.[571]Lord Wright, op. cit., page 41.[572]Trial of the Major War Criminals, op. cit., volume I, page 218.[573]Hyde, op. cit., pages 16 and 17.[574]Case 5, Volume VI, this series.[575]Trial of the Major War Criminals, op. cit., volume I, pages 254 and 255.[576]Ibid., p. 219.[577]The Nuremberg Trial: “Landmark in Law”; Foreign Affairs, January 1947, pages 180 and 184.[578]Maxwell-Fyfe, foreword to “The Nuremberg Trial” (London, Penguin Books, 1947), by R. W. Cooper.[579]Wechsler, op. cit., pages 23–25.[580]Hyde, op. cit., volume III, page 2409.[581]Ibid., pages 2409 and 2410.[582]American Journal of International Law, Vol. 14 (1920), p. 117.[583]Hyde, op. cit., page 2412.[584]Ibid., page 2414.[585]Ibid., volume I, pages 7 and 8.[586]Ibid., p. 38.[587]“Since the World War of 1914–1918, there has developed in many quarters evidence of what might be called an international interest and concern in relation to what was previously regarded as belonging exclusively to the domestic affairs of the individual state; and with that interest there has been manifest also an increasing readiness to seek and find a connection between domestic abuses and the maintenance of the general peace. See article XI of the Covenant of the League of Nations, United States Treaty, volume III, 3339.” (Hyde, “International Law,” 2d rev. ed., vol. I, pages 249–250.)[588]Oppenheim, “International Law”, volume I, (3d ed.) (Longmans, Green & Co., London, 1920), page 229.[589]State Department Publication No. 9, pages 153 and 154.[590]Norman Bentwich, “The League of Nations and Racial Persecution in Germany,” Problems of Peace and War, XIX, (London, 1934), page 75 and following.[591]Ibid.[592]President’s Message to Congress, 1904. “The Works of Theodore Roosevelt, Presidential Addresses and State Papers”, (P. F. Collier & Son, New York), volume III, pages 178 and 179.[593]President’s Special Message of 11 April 1898. Hyde, op. cit., volume 1, page 259.[594]J. Bluntschli, Professor of Law, Heidelberg University, in “Das Moderne Voelkerrecht der Civilisierten Staaten,” (3d ed.) page 270 (1878). Professor Bluntschli was a Swiss national.[595]Trial of the Major War Criminals, op. cit., volume III, page 92.[596]Journal of the United Nations, No. 58, Supp. A-C/P. V./55, page 485; as cited in Political Science Quarterly (Mar 1947), volume LXII, No. 1, page 3.[597]Trial of the Major War Criminals, op. cit., judgment, volume I, page 178.[598]1934 RGBl. I, p. 75.[599]Law of 4 April 1933, 1933 RGBl. I, page 162.[600]Law of 24 April 1934, 1934 RGBl. I, page 341. Most of the laws and decrees mentioned herein are reproduced as parts of document NG-715, Prosecution Exhibit 112. (See footnote on p. 231.)[601]1944 RGBl. I, p. 225.[602]1935 RGBl. I, p. 839.[603]1935 RGBl. I, p. 844, art. 267a.[604]1936 RGBl. I, p. 999.[605]1939 RGBl. I, p. 1455.[606]Ibid., p. 1683.[607]Ibid., p. 1679.[608]1939 RGBl. I, p. 2319.[609]1944 RGBl. I, p. 115.[610]1942 RGBl. I, p. 535.[611]1933 RGBl. I, p. 175.[612]Ibid., p. 188.[613]1933 RGBl. I, p. 225.[614]Ibid., p. 685.[615]1938 RGBl. I, p. 338.[616]Ibid., p. 1580.[617]1939 RGBl. I, p. 864.[618]1942 RGBl. I, p. 722.[619]This decree was also known as the “decree concerning the administration of penal justice against Poles and Jews in the Incorporated Eastern Territories.”[620]Trials of the Major War Criminals, op. cit., judgment, volume I, page 194.[621]Ibid., p. 197.[622]1941 RGBl. I, p. 722.[623]1933 RGBl. I, p. 136.[624]Ibid., p. 162.[625]1939 RGBl. I, p. 1683.[626]1939 RGBl. I, p. 1679.[627]1940 RGBl. I, p. 405.[628]Id.[629]1941 RGBl. I, p. 759.[630]Trial of the Major War Criminals, op. cit., volume I, page 179.[631]1934 RGBl. I, p. 341.[632]1939 RGBl. I, p. 752.[633]Id.[634]Ibid., p. 1841.[635]1940 RGBl. I, p. 754.[636]1933 RGBl. I, p. 136.[637]1944 RGBl. I, p. 339.[638]1934 RGBl. I, p. 91.[639][Article 1, 4, b] Law of 28 June 1935; 1935 RGBl. I, page 844.[640]Ibid., article 4, 1, a.[641]“German Criminal Procedure,” by Heinrich Henkel, (Hamburg 1943) pages 440–442.[642]1945 RGBl. I, p. 30.[643]1942 RGBl. I, p. 475.[644]Law of 28 June 1935; 1935 RGBl. I, p. 844.[645]The three expressions “supreme justice,” “supreme law lord” and “supreme magistrate” are three different translations of the German term “Oberster Gerichtsherr.”[646]Department of State Bulletin, 4 November 1939, page 458, cited in Hyde’s International Law, Volume 1 (2d rev. ed.), page 391.[647]“Legal Effects of War” (2d ed.) (Cambridge, 1940), footnote on page 320.[648]Trial of the Major War Criminals, op. cit., volume I, page 255.[649]Ibid., p. 256.[650]Ibid., p. 261.[651]Ibid., pp. 267–268.[652]Ibid., p. 273.[653]Ibid., pp. 232–233.[654]Ibid., p. 234.[655]Ibid., p. 266.[656]Trial of the Major War Criminals, op. cit., Volume I, page 266.[657]Ibid., pp. 235–236.
[511]Concerning this document, see extracts from the testimony of defendant Lautz reproduced below in this section.
[511]Concerning this document, see extracts from the testimony of defendant Lautz reproduced below in this section.
[512]The first-mentioned law, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B, and extracts from the second mentioned law, as a part of Document NG-715, Prosecution Exhibit 112, on page 184. Article 2, paragraph 1 of the law of 20 December 1934 provides that “Whoever makes statements showing a malicious, inciting or low-minded attitude toward leading personalities of the State or the NSDAP, or about orders issued by them, or about institutions created by them which are apt to undermine the confidence of the people in its political leadership, shall be punished with imprisonment.” The decree of 17 August 1938 on special criminal law in wartime established and defined the new offense of “undermining of military efficiency” and makes the death sentence mandatory. In view of the different penalty under the two laws, the question of indicting a person who allegedly made defeatist remarks under the one law or the other was most significant.
[512]The first-mentioned law, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B, and extracts from the second mentioned law, as a part of Document NG-715, Prosecution Exhibit 112, on page 184. Article 2, paragraph 1 of the law of 20 December 1934 provides that “Whoever makes statements showing a malicious, inciting or low-minded attitude toward leading personalities of the State or the NSDAP, or about orders issued by them, or about institutions created by them which are apt to undermine the confidence of the people in its political leadership, shall be punished with imprisonment.” The decree of 17 August 1938 on special criminal law in wartime established and defined the new offense of “undermining of military efficiency” and makes the death sentence mandatory. In view of the different penalty under the two laws, the question of indicting a person who allegedly made defeatist remarks under the one law or the other was most significant.
[513]Concerning Judges’ Letters, see the materials in section V C 3 b.
[513]Concerning Judges’ Letters, see the materials in section V C 3 b.
[514]A town west of Smolensk where a mass grave of 10,000 Polish army officers was found. See Trial of Major War Criminals, op. cit., volume XXIII, page 426.
[514]A town west of Smolensk where a mass grave of 10,000 Polish army officers was found. See Trial of Major War Criminals, op. cit., volume XXIII, page 426.
[515]The reference is to the act of 20 December 1934, which does not provide for the death penalty.
[515]The reference is to the act of 20 December 1934, which does not provide for the death penalty.
[516]The reference is to the decree of 17 August 1938, which makes the death penalty mandatory.
[516]The reference is to the decree of 17 August 1938, which makes the death penalty mandatory.
[517]Extracts from the testimony of defendant Schlegelberger have also been reproduced in sections IV E, V B, V C 2 a, V D 2, and V D 3.
[517]Extracts from the testimony of defendant Schlegelberger have also been reproduced in sections IV E, V B, V C 2 a, V D 2, and V D 3.
[518]Reproduced above in this section.
[518]Reproduced above in this section.
[519]Extracts from the testimony of defendant Lautz are also reproduced in section C 1 b. His entire testimony is recorded in the mimeographed transcript 23–25, 28 July 1947, pages 5761–5775; 5781–6054.
[519]Extracts from the testimony of defendant Lautz are also reproduced in section C 1 b. His entire testimony is recorded in the mimeographed transcript 23–25, 28 July 1947, pages 5761–5775; 5781–6054.
[520]Decree concerning special criminal law in time of war and special emergency, 17 August 1938, reproduced in part as a part of Document NG-715, Prosecution Exhibit 112, on page 184.
[520]Decree concerning special criminal law in time of war and special emergency, 17 August 1938, reproduced in part as a part of Document NG-715, Prosecution Exhibit 112, on page 184.
[521]Document NG-1474, Prosecution Exhibit 515, is not reproduced herein. The cross-examination of Dr. Horst Guenther Franke concerning this affidavit is recorded in the mimeographed transcript, 22 September 1947, pages 9265–9280. The affiant Dr. Franke was the official in the Reich Ministry of Justice who succeeded defendant Joel in the fall of 1943 as chief of the ministry section dealing with crimes against war economy.
[521]Document NG-1474, Prosecution Exhibit 515, is not reproduced herein. The cross-examination of Dr. Horst Guenther Franke concerning this affidavit is recorded in the mimeographed transcript, 22 September 1947, pages 9265–9280. The affiant Dr. Franke was the official in the Reich Ministry of Justice who succeeded defendant Joel in the fall of 1943 as chief of the ministry section dealing with crimes against war economy.
[522]Document NG-510, Prosecution Exhibit 97, a decree of 8 March 1943 by Thierack further defining the jurisdiction of the People’s Court in case of “subversive undermining of German military efficiency.” This decree is not reproduced herein.
[522]Document NG-510, Prosecution Exhibit 97, a decree of 8 March 1943 by Thierack further defining the jurisdiction of the People’s Court in case of “subversive undermining of German military efficiency.” This decree is not reproduced herein.
[523]Document NG-671, Prosecution Exhibit 220, reproduced in part above.
[523]Document NG-671, Prosecution Exhibit 220, reproduced in part above.
[524]Prior to his assignment in the Reich Ministry of Justice, defendant Rothaug had been presiding judge of the Nuernberg Special Court.
[524]Prior to his assignment in the Reich Ministry of Justice, defendant Rothaug had been presiding judge of the Nuernberg Special Court.
[525]Document NG-659, Prosecution Exhibit 126, an affidavit of defendant Lautz dated 17 January 1947, is not reproduced herein.
[525]Document NG-659, Prosecution Exhibit 126, an affidavit of defendant Lautz dated 17 January 1947, is not reproduced herein.
[526]Bruno Gruenwald appeared as a prosecution witness. His testimony is recorded in the mimeographed transcript, 3 June 1947, pages 3879–3910.
[526]Bruno Gruenwald appeared as a prosecution witness. His testimony is recorded in the mimeographed transcript, 3 June 1947, pages 3879–3910.
[527]These exhibits are all reproduced herein in whole or in part. Document NG-676, Prosecution Exhibit 178, is a letter of 5 July 1944 from the defendant Klemm to the president of the district court of appeal and the attorney general in Stuttgart concerning cases of defeatism (sec. V C 3 b); Document NG-627, Prosecution Exhibit 474, is a letter of 1 March 1945 from defendant Klemm to the president of the district court of appeal and the attorney general in Hamburg, concerning dangerously lenient sentences (sec. V C 3 b); and Document NG-674, Prosecution Exhibit 100, is a report of a conference held in Weimar on 3 and 4 February 1944 concerning undermining morale and malicious political acts (sec. V E).
[527]These exhibits are all reproduced herein in whole or in part. Document NG-676, Prosecution Exhibit 178, is a letter of 5 July 1944 from the defendant Klemm to the president of the district court of appeal and the attorney general in Stuttgart concerning cases of defeatism (sec. V C 3 b); Document NG-627, Prosecution Exhibit 474, is a letter of 1 March 1945 from defendant Klemm to the president of the district court of appeal and the attorney general in Hamburg, concerning dangerously lenient sentences (sec. V C 3 b); and Document NG-674, Prosecution Exhibit 100, is a report of a conference held in Weimar on 3 and 4 February 1944 concerning undermining morale and malicious political acts (sec. V E).
[528]Document NG-685, Prosecution Exhibit 259, reproduced in part at the beginning of this section.
[528]Document NG-685, Prosecution Exhibit 259, reproduced in part at the beginning of this section.
[529]Document NG-595, Prosecution Exhibit 136, reproduced above.
[529]Document NG-595, Prosecution Exhibit 136, reproduced above.
[530]Reference is made to the law of 24 April 1934 “amending provisions of criminal law and criminal procedure,” the pertinent parts of which are reproduced on page 169 as part of Document NG-715, Prosecution Exhibit 112. This law expanded the previously existing concepts of treason and high treason.
[530]Reference is made to the law of 24 April 1934 “amending provisions of criminal law and criminal procedure,” the pertinent parts of which are reproduced on page 169 as part of Document NG-715, Prosecution Exhibit 112. This law expanded the previously existing concepts of treason and high treason.
[531]Report contained in Document NG-548, Prosecution Exhibit 347, reproduced above in this section.
[531]Report contained in Document NG-548, Prosecution Exhibit 347, reproduced above in this section.
[532]Complete testimony is reproduced in the mimeographed transcript (26–28 Aug 1947), pages 7649–7752, 7780–7901.
[532]Complete testimony is reproduced in the mimeographed transcript (26–28 Aug 1947), pages 7649–7752, 7780–7901.
[533]Extracts from the official files in the Beck case are reproduced above in this section.
[533]Extracts from the official files in the Beck case are reproduced above in this section.
[534]Presiding Judge Brand refers to defendant Barnickel’s letter of 30 July 1943 to the Reich Chief Prosecutor at the People’s Court in which he enclosed the indictment in the Beck case. This is reproduced earlier in this section as a part of Document NG-381, Prosecution Exhibit 159.
[534]Presiding Judge Brand refers to defendant Barnickel’s letter of 30 July 1943 to the Reich Chief Prosecutor at the People’s Court in which he enclosed the indictment in the Beck case. This is reproduced earlier in this section as a part of Document NG-381, Prosecution Exhibit 159.
[535]Other extracts from the testimony of defendant Rothaug appear in sections V C 1 A, V C 1 B, V D 2, and V F.
[535]Other extracts from the testimony of defendant Rothaug appear in sections V C 1 A, V C 1 B, V D 2, and V F.
[536]Extracts from the official files in the Lopata case are contained in Document NG-337, Prosecution Exhibit 186, reproduced above in this section. The defendant Rothaug was presiding judge of the Special Court which sentenced Lopata to death upon a second trial in April 1942.
[536]Extracts from the official files in the Lopata case are contained in Document NG-337, Prosecution Exhibit 186, reproduced above in this section. The defendant Rothaug was presiding judge of the Special Court which sentenced Lopata to death upon a second trial in April 1942.
[537]At the first recess, the prosecution called Mr. Arnold Buchthal, one of the prosecution’s research analysts, as an expert witness concerning the translation and meaning of the disputed words “Polnisches Untermenschentum.” Until 1939, Buchthal had lived in Germany, Austria, and Switzerland; and German was his native language. He testified that the literal translation of “Polnisches Untermenschentum” was “Polish subhumanity;” that he had never heard the expression “Untermenschentum” used in Germany before 1933; that after 1933 the context in which the word was used was always political, referring to Jews, Czechs, Poles, or Communists. On cross-examination, Buchthal said that the word might have been used occasionally in the technical language of the criminologist, but certainly not frequently. (Tr. 7471–7474.)
[537]At the first recess, the prosecution called Mr. Arnold Buchthal, one of the prosecution’s research analysts, as an expert witness concerning the translation and meaning of the disputed words “Polnisches Untermenschentum.” Until 1939, Buchthal had lived in Germany, Austria, and Switzerland; and German was his native language. He testified that the literal translation of “Polnisches Untermenschentum” was “Polish subhumanity;” that he had never heard the expression “Untermenschentum” used in Germany before 1933; that after 1933 the context in which the word was used was always political, referring to Jews, Czechs, Poles, or Communists. On cross-examination, Buchthal said that the word might have been used occasionally in the technical language of the criminologist, but certainly not frequently. (Tr. 7471–7474.)
[538]For the decree establishing the nullity plea and other material concerning its application, see section V C 1 b.
[538]For the decree establishing the nullity plea and other material concerning its application, see section V C 1 b.
[539]Document 1393-PS, Prosecution Exhibit 508, reproduced in section IV B.
[539]Document 1393-PS, Prosecution Exhibit 508, reproduced in section IV B.
[540]Reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 160.
[540]Reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 160.
[541]This law of 20 December 1934, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B.
[541]This law of 20 December 1934, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B.
[542]This document is discussed in extracts from the testimony of defendant Klemm, reproduced below in this section.
[542]This document is discussed in extracts from the testimony of defendant Klemm, reproduced below in this section.
[543]Entire testimony is recorded in the mimeographed transcript (9 May 1947) pages 3021–3046.
[543]Entire testimony is recorded in the mimeographed transcript (9 May 1947) pages 3021–3046.
[544]The reference is to Article 130a of the Reich Penal Code, which was inserted into the Code by the Law of 26 February 1876: “Imprudent Discussion of State Affairs by Ministers of Religion (Kanzelmissbrauch). 130a. A clergyman or other minister of religion who in the exercise of his calling or on the occasion of such exercise makes affairs of state a subject of his announcement or discussion in a manner endangering public peace either before a crowd or before several people assembled in a church or other place assigned for religious meetings, shall be punished by imprisonment or confinement in a fortress not to exceed 2 years. A similar punishment shall be imposed upon a clergyman or minister of religion who, in the exercise of his calling or on the occasion of such exercise, issues or distributes writings in which affairs of state are made the subject of announcement or discussion in a manner endangering public peace.”
[544]The reference is to Article 130a of the Reich Penal Code, which was inserted into the Code by the Law of 26 February 1876: “Imprudent Discussion of State Affairs by Ministers of Religion (Kanzelmissbrauch). 130a. A clergyman or other minister of religion who in the exercise of his calling or on the occasion of such exercise makes affairs of state a subject of his announcement or discussion in a manner endangering public peace either before a crowd or before several people assembled in a church or other place assigned for religious meetings, shall be punished by imprisonment or confinement in a fortress not to exceed 2 years. A similar punishment shall be imposed upon a clergyman or minister of religion who, in the exercise of his calling or on the occasion of such exercise, issues or distributes writings in which affairs of state are made the subject of announcement or discussion in a manner endangering public peace.”
[545]Further extracts from the testimony of defendant Rothaug appear in sections V C 1 a, V C 1 b, V D 2, and V E.
[545]Further extracts from the testimony of defendant Rothaug appear in sections V C 1 a, V C 1 b, V D 2, and V E.
[546]Dr. Karl Ferber’s testimony is recorded in the mimeographed transcript (31 Mar., 1, 3, 8 Apr. 1947), pages 1312–1315, 1319–1466, 1576–1630, 1665–1746. Ferber was a district court director (Landgerichtsdirektor) and associate judge of the Nuernberg Special Court. He was called a prosecution witness. Ferber referred to the case of a second Catholic Priest named Froehlich who had buried a Pole in Roding (Upper Palatinate), mimeographed transcript, pages 1352–1354, 1743–1744.
[546]Dr. Karl Ferber’s testimony is recorded in the mimeographed transcript (31 Mar., 1, 3, 8 Apr. 1947), pages 1312–1315, 1319–1466, 1576–1630, 1665–1746. Ferber was a district court director (Landgerichtsdirektor) and associate judge of the Nuernberg Special Court. He was called a prosecution witness. Ferber referred to the case of a second Catholic Priest named Froehlich who had buried a Pole in Roding (Upper Palatinate), mimeographed transcript, pages 1352–1354, 1743–1744.
[547]The text of this law, Document 1393-PS, Prosecution Exhibit 508, is reproduced above in section IV B.
[547]The text of this law, Document 1393-PS, Prosecution Exhibit 508, is reproduced above in section IV B.
[548]Reference is made to Alfred Rosenberg who was tried and sentenced to death by the International Military Tribunal. See Trial of the Major War Criminals,op. cit., Volumes I-XLII.
[548]Reference is made to Alfred Rosenberg who was tried and sentenced to death by the International Military Tribunal. See Trial of the Major War Criminals,op. cit., Volumes I-XLII.
[549]The text of article 130a of the Reich Penal Code is reproduced in a footnote earlier in this section. The Insidious Acts Law of 20 December 1934, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B.
[549]The text of article 130a of the Reich Penal Code is reproduced in a footnote earlier in this section. The Insidious Acts Law of 20 December 1934, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B.
[550]Further extracts from the testimony of the defendant Klemm appear in sections V C 1 A, V C 3 B, V C 3 D, and V D 2.
[550]Further extracts from the testimony of the defendant Klemm appear in sections V C 1 A, V C 3 B, V C 3 D, and V D 2.
[551]Reproduced above in this section.
[551]Reproduced above in this section.
[552]At this time the defendant Klemm was Under Secretary in the Reich Ministry of Justice.
[552]At this time the defendant Klemm was Under Secretary in the Reich Ministry of Justice.
[553]Tr. pp. 10587–10604, 18 October 1947.
[553]Tr. pp. 10587–10604, 18 October 1947.
[554]Document NG-414, Prosecution Exhibit 252, has not been reproduced in this volume because of its great length and because it has been impossible, in view of space limitations, to include any considerable amount of evidence concerning clemency matters—a topic frequently in issue in the Justice Case. The document in question is 142 pages in the original German and 162 pages in the English translation. It consists of file notes of the Reich Ministry of Justice concerning “Reports to the Minister of Justice,” “Reports to the Under Secretary” (Staatssekretaer), and “Death Sentence Reports” for the following dates: 24 and 27 January 1944; 10, 22, and 29 February 1944; 8, 17, and 29 March 1944; 5, 18, and 26 April 1944; 3, 12, and 31 May 1944; 2, 8, 16, 21, and 30 June 1944; 2 and 17 August 1944; 22 and 29 September 1944; 5, 12, 19, and 27 October 1944; 10, 16, and 29 November 1944; 7, 15, and 21 December 1944; and 4, 10, 17, and 24 January 1945. The “Death Sentence Reports” list the names (usually only the family name) of persons sentenced to death, dividing the death sentences into “doubtful” and “clear cut” cases, and grouping the sentences mainly under the following categories: “high treason cases,” “treason cases,” and cases involving “undermining the military efficiency.” On the reports a diagonal line was drawn indicating that the death sentence was confirmed. For example, the list of 17 January 1945, mentioned specifically by the defendant Klemm in his final statement, shows the following diagonal lines in the category “high treason cases.” (For typographical reasons, the diagonal lines have here been indicated before the respective letter or figure, whereas on the original document, the diagonal lines were drawn through them.)/a.doubtfulHaukeDeathRitterDeathSchellenbergerDeathGiezeltDeath/b.clear cut/1. HoehnDeathSchultzDeathSeiffertDeath/2. KroegerDeathSplenemannDeathFuebingerDeath/3. BoeckerDeathKaessDeath/4. LuedtkeDeath/5. HaitzmannDeathBueschingerDeathHaubergerDeathThe document shows that between 24 January 1944 and 24 January 1945, death sentences of more than 2,500 persons were confirmed. The largest number confirmed appears on the report of 22 September 1944, 128 cases; and the smallest number appears on the report of 4 January 1945, 25 cases. The report for 17 January 1945, mentioned specifically by the defendant Klemm, shows that 49 death sentences were confirmed.
[554]Document NG-414, Prosecution Exhibit 252, has not been reproduced in this volume because of its great length and because it has been impossible, in view of space limitations, to include any considerable amount of evidence concerning clemency matters—a topic frequently in issue in the Justice Case. The document in question is 142 pages in the original German and 162 pages in the English translation. It consists of file notes of the Reich Ministry of Justice concerning “Reports to the Minister of Justice,” “Reports to the Under Secretary” (Staatssekretaer), and “Death Sentence Reports” for the following dates: 24 and 27 January 1944; 10, 22, and 29 February 1944; 8, 17, and 29 March 1944; 5, 18, and 26 April 1944; 3, 12, and 31 May 1944; 2, 8, 16, 21, and 30 June 1944; 2 and 17 August 1944; 22 and 29 September 1944; 5, 12, 19, and 27 October 1944; 10, 16, and 29 November 1944; 7, 15, and 21 December 1944; and 4, 10, 17, and 24 January 1945. The “Death Sentence Reports” list the names (usually only the family name) of persons sentenced to death, dividing the death sentences into “doubtful” and “clear cut” cases, and grouping the sentences mainly under the following categories: “high treason cases,” “treason cases,” and cases involving “undermining the military efficiency.” On the reports a diagonal line was drawn indicating that the death sentence was confirmed. For example, the list of 17 January 1945, mentioned specifically by the defendant Klemm in his final statement, shows the following diagonal lines in the category “high treason cases.” (For typographical reasons, the diagonal lines have here been indicated before the respective letter or figure, whereas on the original document, the diagonal lines were drawn through them.)
The document shows that between 24 January 1944 and 24 January 1945, death sentences of more than 2,500 persons were confirmed. The largest number confirmed appears on the report of 22 September 1944, 128 cases; and the smallest number appears on the report of 4 January 1945, 25 cases. The report for 17 January 1945, mentioned specifically by the defendant Klemm, shows that 49 death sentences were confirmed.
[555]All the documents referred to are reproduced in the preface portion of this volume and are not reproduced as a part of this judgment. See Table of Contents.
[555]All the documents referred to are reproduced in the preface portion of this volume and are not reproduced as a part of this judgment. See Table of Contents.
[556]Text is reproduced in “The Axis in Defeat,” Department of State Publication No. 2423 (Government Printing Office, Washington, D. C.), pages 24 and 25.
[556]Text is reproduced in “The Axis in Defeat,” Department of State Publication No. 2423 (Government Printing Office, Washington, D. C.), pages 24 and 25.
[557]Ibid., pages 62 and 63.
[557]Ibid., pages 62 and 63.
[558]Ibid, page 10 et seq.
[558]Ibid, page 10 et seq.
[559]Alwyn V. Freeman, “War Crimes by Enemy Nationals Administering Justice in Occupied Territory,” The American Journal of International Law, XLI, July 1947, 605.
[559]Alwyn V. Freeman, “War Crimes by Enemy Nationals Administering Justice in Occupied Territory,” The American Journal of International Law, XLI, July 1947, 605.
[560]John H. E. Fried, “Transfer of Civilian Manpower from Occupied Territory,” The American Journal of International Law, XL, April 1946, 326–327.
[560]John H. E. Fried, “Transfer of Civilian Manpower from Occupied Territory,” The American Journal of International Law, XL, April 1946, 326–327.
[561]Trial of the Major War Criminals, op. cit., judgment, volume I, page 254.
[561]Trial of the Major War Criminals, op. cit., judgment, volume I, page 254.
[562]Ibid., p. 218.
[562]Ibid., p. 218.
[563]Ibid., p. 174.
[563]Ibid., p. 174.
[564]Ibid., p. 219.
[564]Ibid., p. 219.
[565]Herbert Wechsler, “The Issues of the Nuremberg Trial,” Political Science Quarterly, LXII, No. 1, March 1947, 14.
[565]Herbert Wechsler, “The Issues of the Nuremberg Trial,” Political Science Quarterly, LXII, No. 1, March 1947, 14.
[566]Hackworth, “Digest of International Law”, (Government Printing Office, Washington, 1940), volume 1, pages 1–4.
[566]Hackworth, “Digest of International Law”, (Government Printing Office, Washington, 1940), volume 1, pages 1–4.
[567]Hyde, “International Law”, (2d rev. ed., Boston, Little, Brown & Co., 1945), volume 1, page 4.
[567]Hyde, “International Law”, (2d rev. ed., Boston, Little, Brown & Co., 1945), volume 1, page 4.
[568]Lord Wright, “War Crimes under International Law,” The Law Quarterly Review, LXII, January 1946, 51.
[568]Lord Wright, “War Crimes under International Law,” The Law Quarterly Review, LXII, January 1946, 51.
[569]Hyde, op. cit., page 2.
[569]Hyde, op. cit., page 2.
[570]Philip C. Jessup, “The Crime of Aggression and the Future of International Law,” Political Science Quarterly, LXII (Mar 1947), No. 1, page 2, citing Journal of the United Nations, No. 58, Supp. A-A/P. V./55, page 485.
[570]Philip C. Jessup, “The Crime of Aggression and the Future of International Law,” Political Science Quarterly, LXII (Mar 1947), No. 1, page 2, citing Journal of the United Nations, No. 58, Supp. A-A/P. V./55, page 485.
[571]Lord Wright, op. cit., page 41.
[571]Lord Wright, op. cit., page 41.
[572]Trial of the Major War Criminals, op. cit., volume I, page 218.
[572]Trial of the Major War Criminals, op. cit., volume I, page 218.
[573]Hyde, op. cit., pages 16 and 17.
[573]Hyde, op. cit., pages 16 and 17.
[574]Case 5, Volume VI, this series.
[574]Case 5, Volume VI, this series.
[575]Trial of the Major War Criminals, op. cit., volume I, pages 254 and 255.
[575]Trial of the Major War Criminals, op. cit., volume I, pages 254 and 255.
[576]Ibid., p. 219.
[576]Ibid., p. 219.
[577]The Nuremberg Trial: “Landmark in Law”; Foreign Affairs, January 1947, pages 180 and 184.
[577]The Nuremberg Trial: “Landmark in Law”; Foreign Affairs, January 1947, pages 180 and 184.
[578]Maxwell-Fyfe, foreword to “The Nuremberg Trial” (London, Penguin Books, 1947), by R. W. Cooper.
[578]Maxwell-Fyfe, foreword to “The Nuremberg Trial” (London, Penguin Books, 1947), by R. W. Cooper.
[579]Wechsler, op. cit., pages 23–25.
[579]Wechsler, op. cit., pages 23–25.
[580]Hyde, op. cit., volume III, page 2409.
[580]Hyde, op. cit., volume III, page 2409.
[581]Ibid., pages 2409 and 2410.
[581]Ibid., pages 2409 and 2410.
[582]American Journal of International Law, Vol. 14 (1920), p. 117.
[582]American Journal of International Law, Vol. 14 (1920), p. 117.
[583]Hyde, op. cit., page 2412.
[583]Hyde, op. cit., page 2412.
[584]Ibid., page 2414.
[584]Ibid., page 2414.
[585]Ibid., volume I, pages 7 and 8.
[585]Ibid., volume I, pages 7 and 8.
[586]Ibid., p. 38.
[586]Ibid., p. 38.
[587]“Since the World War of 1914–1918, there has developed in many quarters evidence of what might be called an international interest and concern in relation to what was previously regarded as belonging exclusively to the domestic affairs of the individual state; and with that interest there has been manifest also an increasing readiness to seek and find a connection between domestic abuses and the maintenance of the general peace. See article XI of the Covenant of the League of Nations, United States Treaty, volume III, 3339.” (Hyde, “International Law,” 2d rev. ed., vol. I, pages 249–250.)
[587]“Since the World War of 1914–1918, there has developed in many quarters evidence of what might be called an international interest and concern in relation to what was previously regarded as belonging exclusively to the domestic affairs of the individual state; and with that interest there has been manifest also an increasing readiness to seek and find a connection between domestic abuses and the maintenance of the general peace. See article XI of the Covenant of the League of Nations, United States Treaty, volume III, 3339.” (Hyde, “International Law,” 2d rev. ed., vol. I, pages 249–250.)
[588]Oppenheim, “International Law”, volume I, (3d ed.) (Longmans, Green & Co., London, 1920), page 229.
[588]Oppenheim, “International Law”, volume I, (3d ed.) (Longmans, Green & Co., London, 1920), page 229.
[589]State Department Publication No. 9, pages 153 and 154.
[589]State Department Publication No. 9, pages 153 and 154.
[590]Norman Bentwich, “The League of Nations and Racial Persecution in Germany,” Problems of Peace and War, XIX, (London, 1934), page 75 and following.
[590]Norman Bentwich, “The League of Nations and Racial Persecution in Germany,” Problems of Peace and War, XIX, (London, 1934), page 75 and following.
[591]Ibid.
[591]Ibid.
[592]President’s Message to Congress, 1904. “The Works of Theodore Roosevelt, Presidential Addresses and State Papers”, (P. F. Collier & Son, New York), volume III, pages 178 and 179.
[592]President’s Message to Congress, 1904. “The Works of Theodore Roosevelt, Presidential Addresses and State Papers”, (P. F. Collier & Son, New York), volume III, pages 178 and 179.
[593]President’s Special Message of 11 April 1898. Hyde, op. cit., volume 1, page 259.
[593]President’s Special Message of 11 April 1898. Hyde, op. cit., volume 1, page 259.
[594]J. Bluntschli, Professor of Law, Heidelberg University, in “Das Moderne Voelkerrecht der Civilisierten Staaten,” (3d ed.) page 270 (1878). Professor Bluntschli was a Swiss national.
[594]J. Bluntschli, Professor of Law, Heidelberg University, in “Das Moderne Voelkerrecht der Civilisierten Staaten,” (3d ed.) page 270 (1878). Professor Bluntschli was a Swiss national.
[595]Trial of the Major War Criminals, op. cit., volume III, page 92.
[595]Trial of the Major War Criminals, op. cit., volume III, page 92.
[596]Journal of the United Nations, No. 58, Supp. A-C/P. V./55, page 485; as cited in Political Science Quarterly (Mar 1947), volume LXII, No. 1, page 3.
[596]Journal of the United Nations, No. 58, Supp. A-C/P. V./55, page 485; as cited in Political Science Quarterly (Mar 1947), volume LXII, No. 1, page 3.
[597]Trial of the Major War Criminals, op. cit., judgment, volume I, page 178.
[597]Trial of the Major War Criminals, op. cit., judgment, volume I, page 178.
[598]1934 RGBl. I, p. 75.
[598]1934 RGBl. I, p. 75.
[599]Law of 4 April 1933, 1933 RGBl. I, page 162.
[599]Law of 4 April 1933, 1933 RGBl. I, page 162.
[600]Law of 24 April 1934, 1934 RGBl. I, page 341. Most of the laws and decrees mentioned herein are reproduced as parts of document NG-715, Prosecution Exhibit 112. (See footnote on p. 231.)
[600]Law of 24 April 1934, 1934 RGBl. I, page 341. Most of the laws and decrees mentioned herein are reproduced as parts of document NG-715, Prosecution Exhibit 112. (See footnote on p. 231.)
[601]1944 RGBl. I, p. 225.
[601]1944 RGBl. I, p. 225.
[602]1935 RGBl. I, p. 839.
[602]1935 RGBl. I, p. 839.
[603]1935 RGBl. I, p. 844, art. 267a.
[603]1935 RGBl. I, p. 844, art. 267a.
[604]1936 RGBl. I, p. 999.
[604]1936 RGBl. I, p. 999.
[605]1939 RGBl. I, p. 1455.
[605]1939 RGBl. I, p. 1455.
[606]Ibid., p. 1683.
[606]Ibid., p. 1683.
[607]Ibid., p. 1679.
[607]Ibid., p. 1679.
[608]1939 RGBl. I, p. 2319.
[608]1939 RGBl. I, p. 2319.
[609]1944 RGBl. I, p. 115.
[609]1944 RGBl. I, p. 115.
[610]1942 RGBl. I, p. 535.
[610]1942 RGBl. I, p. 535.
[611]1933 RGBl. I, p. 175.
[611]1933 RGBl. I, p. 175.
[612]Ibid., p. 188.
[612]Ibid., p. 188.
[613]1933 RGBl. I, p. 225.
[613]1933 RGBl. I, p. 225.
[614]Ibid., p. 685.
[614]Ibid., p. 685.
[615]1938 RGBl. I, p. 338.
[615]1938 RGBl. I, p. 338.
[616]Ibid., p. 1580.
[616]Ibid., p. 1580.
[617]1939 RGBl. I, p. 864.
[617]1939 RGBl. I, p. 864.
[618]1942 RGBl. I, p. 722.
[618]1942 RGBl. I, p. 722.
[619]This decree was also known as the “decree concerning the administration of penal justice against Poles and Jews in the Incorporated Eastern Territories.”
[619]This decree was also known as the “decree concerning the administration of penal justice against Poles and Jews in the Incorporated Eastern Territories.”
[620]Trials of the Major War Criminals, op. cit., judgment, volume I, page 194.
[620]Trials of the Major War Criminals, op. cit., judgment, volume I, page 194.
[621]Ibid., p. 197.
[621]Ibid., p. 197.
[622]1941 RGBl. I, p. 722.
[622]1941 RGBl. I, p. 722.
[623]1933 RGBl. I, p. 136.
[623]1933 RGBl. I, p. 136.
[624]Ibid., p. 162.
[624]Ibid., p. 162.
[625]1939 RGBl. I, p. 1683.
[625]1939 RGBl. I, p. 1683.
[626]1939 RGBl. I, p. 1679.
[626]1939 RGBl. I, p. 1679.
[627]1940 RGBl. I, p. 405.
[627]1940 RGBl. I, p. 405.
[628]Id.
[628]Id.
[629]1941 RGBl. I, p. 759.
[629]1941 RGBl. I, p. 759.
[630]Trial of the Major War Criminals, op. cit., volume I, page 179.
[630]Trial of the Major War Criminals, op. cit., volume I, page 179.
[631]1934 RGBl. I, p. 341.
[631]1934 RGBl. I, p. 341.
[632]1939 RGBl. I, p. 752.
[632]1939 RGBl. I, p. 752.
[633]Id.
[633]Id.
[634]Ibid., p. 1841.
[634]Ibid., p. 1841.
[635]1940 RGBl. I, p. 754.
[635]1940 RGBl. I, p. 754.
[636]1933 RGBl. I, p. 136.
[636]1933 RGBl. I, p. 136.
[637]1944 RGBl. I, p. 339.
[637]1944 RGBl. I, p. 339.
[638]1934 RGBl. I, p. 91.
[638]1934 RGBl. I, p. 91.
[639][Article 1, 4, b] Law of 28 June 1935; 1935 RGBl. I, page 844.
[639][Article 1, 4, b] Law of 28 June 1935; 1935 RGBl. I, page 844.
[640]Ibid., article 4, 1, a.
[640]Ibid., article 4, 1, a.
[641]“German Criminal Procedure,” by Heinrich Henkel, (Hamburg 1943) pages 440–442.
[641]“German Criminal Procedure,” by Heinrich Henkel, (Hamburg 1943) pages 440–442.
[642]1945 RGBl. I, p. 30.
[642]1945 RGBl. I, p. 30.
[643]1942 RGBl. I, p. 475.
[643]1942 RGBl. I, p. 475.
[644]Law of 28 June 1935; 1935 RGBl. I, p. 844.
[644]Law of 28 June 1935; 1935 RGBl. I, p. 844.
[645]The three expressions “supreme justice,” “supreme law lord” and “supreme magistrate” are three different translations of the German term “Oberster Gerichtsherr.”
[645]The three expressions “supreme justice,” “supreme law lord” and “supreme magistrate” are three different translations of the German term “Oberster Gerichtsherr.”
[646]Department of State Bulletin, 4 November 1939, page 458, cited in Hyde’s International Law, Volume 1 (2d rev. ed.), page 391.
[646]Department of State Bulletin, 4 November 1939, page 458, cited in Hyde’s International Law, Volume 1 (2d rev. ed.), page 391.
[647]“Legal Effects of War” (2d ed.) (Cambridge, 1940), footnote on page 320.
[647]“Legal Effects of War” (2d ed.) (Cambridge, 1940), footnote on page 320.
[648]Trial of the Major War Criminals, op. cit., volume I, page 255.
[648]Trial of the Major War Criminals, op. cit., volume I, page 255.
[649]Ibid., p. 256.
[649]Ibid., p. 256.
[650]Ibid., p. 261.
[650]Ibid., p. 261.
[651]Ibid., pp. 267–268.
[651]Ibid., pp. 267–268.
[652]Ibid., p. 273.
[652]Ibid., p. 273.
[653]Ibid., pp. 232–233.
[653]Ibid., pp. 232–233.
[654]Ibid., p. 234.
[654]Ibid., p. 234.
[655]Ibid., p. 266.
[655]Ibid., p. 266.
[656]Trial of the Major War Criminals, op. cit., Volume I, page 266.
[656]Trial of the Major War Criminals, op. cit., Volume I, page 266.
[657]Ibid., pp. 235–236.
[657]Ibid., pp. 235–236.