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the long run, and as the witness, Dr. Suadicani has already testified, it was already laid down in national treaties. It failed because the Slavs living in the Government General for the most part preferred not to go to Russia, and the principle of voluntary action which was established in the treaties prohibited the u... | Harvard: RuSHA Case | 1,333,350 | 1,333,850 |
can dispense with discussing this, however, because another defense counsel will do it for all of us. I only want to mention here in general a few subjective points which again concern the executive agencies of the lower authorities. We shall only consider here that which concerns the reception of the ethnic Germans, n... | Harvard: RuSHA Case | 1,333,800 | 1,334,300 |
exhibit 589 - under the jurisdiction of the Plenipotentiary for the four Year Plan, who was represented here by the Main Trustee Office East. The Reich Commissar for Strengthening of Germanism was not consulted at all as to the confiscation, and in the matter of utilization only insofar as the so-called SS-Deputy Gener... | Harvard: RuSHA Case | 1,334,250 | 1,334,750 |
a personal connection to Huebner in this subject "looting" only insofar as Huebner, by virtue of the special assignment already mentioned, supervised thefurnishing of the settlers with objects of everyday need. I have therefore devoted particular attention to this very point, and have learned the same thing from all wi... | Harvard: RuSHA Case | 1,334,700 | 1,335,200 |
invited to a discussion of this question, in which he took part only as a listener. Further negotiations followed, without Huebner's participation or knowledge. Although they agreed basically on the possibility of such a purchase agreement, they did not succeed in bridging the basic differences of opinion as to the ext... | Harvard: RuSHA Case | 1,335,150 | 1,335,650 |
of references. Insofar as it is a question of the use of the ghetto property, thus of the dismantling of houses, the claim of the prosecution that this is Jewish property is not substantiated. From prosecution exhibit 860 it may be seen that the houses of that quarter of the city in which the ghetto was situated, had b... | Harvard: RuSHA Case | 1,335,600 | 1,336,100 |
collaboration in a crime, especially since a definitive regulation was provided by law for the question of indemnification? The statements which are made now with regard to Counts 11, 12, 13 and 15 of the Indictment, I shall not read, and I ask the High Tribunal to accept them without any verbal presentation. Further m... | Harvard: RuSHA Case | 1,336,050 | 1,336,550 |
general interest in the matter by ordering his personal referents to the conferences. It is impossible to assume that Huebner had any real knowledge of the discussions between Koppe and his personal Referent. In view of this evidence which proves with respect to Huebner that he was neither actively engaged in the matte... | Harvard: RuSHA Case | 1,336,500 | 1,337,000 |
names were often left in the places where they landed by chance." I shall not read the next paragraph; I shall now go to Forced Germanization of foreigners, Court 17 of the Indictment. "Also the so-called forced Germanization of enemy foreigners, Count 17 of the Indictment, by which the Prosecution refers to the proced... | Harvard: RuSHA Case | 1,336,950 | 1,337,450 |
at all yet RuS leader. Also it must once more be pointed out here that no connection with the activity of Huebner has been proved as far as this point is concerned, neither did any such connection actually exist so that no evidence is found to indicate that he was an accessory after the fact. I shall not read my statem... | Harvard: RuSHA Case | 1,337,400 | 1,337,900 |
authority since Himmler as Reich Commissar was entrusted with a State task. For this reason already activities and knowledge acquired by Huebner in this connection must be left out of consideration. But I have also here demonstrated that Huebner did neither personally take part in criminal acts nor could he in his posi... | Harvard: RuSHA Case | 1,337,850 | 1,338,350 |
belonged to the SS but to none of its criminal groups, and he did not acquire any knowledge about the activity of these groups either. As regards his activity as RuS Leader, however, I have proved quite incontestably that the Germanization in particular, with which the IMT verdict charges the RuSHA, was entirely outsid... | Harvard: RuSHA Case | 1,338,300 | 1,338,800 |
man who sacrifices himself for his duty in the conviction that all the good he kind-heartedly achieves, caring for the people entrusted to him, served a good purpose eben in a larger view. A man who maintains humane and honest principles even when it is difficult to resist other tendencies. Alperson who is prepared to ... | Harvard: RuSHA Case | 1,338,750 | 1,339,250 |
characterized just by their very want of planning, their inconsistency, and their lack of method. Characteristic is for instance, that the first resettlements from the Baltic states were ordered without any previous indication,1 that no organization had been prepared for this purpose and only afterwards had to be estab... | Harvard: RuSHA Case | 1,339,200 | 1,339,700 |
the immigration of German colonists was welcomed by the rulers of foreign countries. The 1) Illusion and Reality, Stuttgart 1947. 2) same, page 35 rising of national consciousness, which appeared more and more in the course of the last century, the establishment of consolidated national states from a widely split up st... | Harvard: RuSHA Case | 1,339,650 | 1,340,150 |
institutions could, of course, not satisfy any of the participants since they were by compromises. There was, therefore, tension between the various countries of Europe because of the minority problem, which could lead to war, and very nearly led to war in September 1938. It had to be obvious, therefore, to anybody who... | Harvard: RuSHA Case | 1,340,100 | 1,340,600 |
only refer to the decision of the IMT according to which the principles of the Hague convention, even though they have not been accepted by some states, have just the same become established principles of international law, and I cannot believe, that the Allies wanted to disregard acknowledged principles of internation... | Harvard: RuSHA Case | 1,340,550 | 1,341,050 |
that they did not have such knowledge of International Law, as to be able to differentiate, for instance, between the resettlement treaty with Latvia concerning Ethnic Germans on Latvian territory, and a resettlement treaty with the Soviet Union concerning the future resettlement of Ethnic Germans from the Latvian terr... | Harvard: RuSHA Case | 1,341,000 | 1,341,500 |
teletypes7) submitted by the Prosecution is comparatively unimportant.8) Also, the fact that HIMMLER ordered9) the evacuation of territories threatened by the enemy where Ethnic Germans had been settled does not mean anything. It is not a matter of what HIMMLER had in mind when giving his orders, but what actually happ... | Harvard: RuSHA Case | 1,341,450 | 1,341,950 |
their task was terminated at the moment when these resettlers, by gaining German citizenship, were no longer Ethnic Germans in the technical meaning of the word, that is, Germans of foreign nationality. In this case it has been discussed quite often whether, according to the well-known decree of HIMMLER of 11 June 1941... | Harvard: RuSHA Case | 1,341,900 | 1,342,400 |
official administration to an experienced and capable co-worker. This came about when Dr. BEHRENDS, who is often mentioned in this trial and is now sentenced to death by a Yugoslav government because of an activity which in no ways had any bearing on the VOMI, was placed at his side.16) Up to the time of his separation... | Harvard: RuSHA Case | 1,342,350 | 1,342,850 |
did not only suffer from the deficiencies which afflicted every office set up in the Third Reich, namely, the indistinctly defined regulations of competency, thus shaped up by the highest ruling powers, especially HIMMLER, evidently on purpose, it also suffered from the personal problems conditioned by the war. As a re... | Harvard: RuSHA Case | 1,342,800 | 1,343,300 |
II 2e. Moreover, since Section II 2e belongs to the participation definitions, the accomplice must have assumed into his volition and, therewith, into his consciousness the criminal success which was to be brought about by another.22) Insofar as crimes of subordinates should thus exist, it depends on LORENZ's ---------... | Harvard: RuSHA Case | 1,343,250 | 1,343,750 |
in space as well as in organization. It was under the orders of the Superior SS and Police Leader PRUETZMANN as regards Russia, and of HIMMLER directly as regards Transnistria.25) These so-called evacuations must be subjected to a specially close scrutiny. Obviously, the Prosecution is of the opinion that they violate ... | Harvard: RuSHA Case | 1,343,700 | 1,344,200 |
and the VOMI had to put its organization at the disposal for the housing of the evacuated.28) The temporary accommodation of the evacuated is, in my opinion, not a violation of the regulations of International Law; if there was such an offense at all then it happened earlier, and the offense of the evacuation had alrea... | Harvard: RuSHA Case | 1,344,150 | 1,344,650 |
Slovenian Order of HIMMLER's30), and then the testimony of the witness KASEL concerning the treatment of the evacuated Luxemburgers.31) HIMMLER'S Slovenian Order which threatened a run-away Slovenian and his family with death, and ordered the VOMI to submit to the security agencies reports which were necessary for the ... | Harvard: RuSHA Case | 1,344,600 | 1,345,100 |
of this plea. 36) Testimony KASEL, Transcr. p. 1185; KLINGSPORN, Tr. 2961 ff; LORENZExh. 56. 37) Testimony ELLERMEIER, Tr. p. 2910 Court No. I, Case No. VIII. the rest it was not within the powers of the VOMI to shorten the stay of the evacuated in the camps; this depended on the measures of other authorities which had... | Harvard: RuSHA Case | 1,345,050 | 1,345,550 |
these children. Apart from Slovenian children only father and motherless children from the Banate in Roumania have come to the VOMI camps.42) The charge referring to the children from the Banate is a particularly instructive illustration of how harmless incidents often turned out to be which had been demonstrated by th... | Harvard: RuSHA Case | 1,345,500 | 1,346,000 |
index, it procrastinated the matter and achieved eventually that no definite measures were adopted. The VOMI had nothing to do with the DVL or with other Germanization procedure Outside agencies visited the camps and made inquiries of or took measures for re-Germanization of Slovenians and other re-settlers from the We... | Harvard: RuSHA Case | 1,345,950 | 1,346,450 |
is not valid for the class of re-settlers. The prosecution have not contended that the VOMI has used any inhumane measures in this respect. In the case of the so-called Absiedler (deported persons) i.e. persons who did not come voluntarily, the prosecution seem to assume a violation of Article 52 of the Hague Conventio... | Harvard: RuSHA Case | 1,346,400 | 1,346,900 |
POHL objects to.49) Therefore the question can only be whether the labor assignment of ------------------47) POHL Transcript, page 8065 f. 48) LORENZ Exhibit 46 49) POHL Transcript, page 8113. the deportees took place in a humane manner. In this respect, the Prosecution has not produced any relevant evidence material. ... | Harvard: RuSHA Case | 1,346,850 | 1,347,350 |
it is merely forbidden to force members of the opposite party; i.e. members of an enemy state to war service. Therefore all military conscriptions which took place in Hungry, Rumania and Slovakia may be left out of consideration, because these states were not hostile to Germany, but allied with Germany. Consequently th... | Harvard: RuSHA Case | 1,347,300 | 1,347,800 |
General BERGER. 54) All the Prosecution documents can be invalidated on the basis of this attitude of LORENZ' and the VOMI's with regard to the problem of the conscription of ethnic Germans -- an attitude which has been confirmed by the witnesses. As far as the VOMI has also been reproached with robbery and spoliation ... | Harvard: RuSHA Case | 1,347,750 | 1,348,250 |
do the facts warrant conviction. The "atrocities and offenses" listed therein "murder and extermination", etc. are all offenses against the person. Property is not mentioned. Under the doctrine of ejusdem generis the catch-all words "other persecutions" must be deemed to include only such as affect the - - - - - -54a) ... | Harvard: RuSHA Case | 1,348,200 | 1,348,700 |
their executions. A member of the SS is only punishable if he had knowledge of these criminal intentions. This knowledge must be proved by the Prosecution, according to the verdict of the American Tribunal II in the case against POHL and others.60). The Prosecution, was mainly satisfied with proving the high position a... | Harvard: RuSHA Case | 1,348,650 | 1,349,150 |
the SS, such as is demanded before anyone can be convicted of participation in criminal organizations. LORENZ did not hear any other speeches that HIMMLER made, for instance in Metz or in Bad Schachen. There is the additional factor, that a personal impression of LORENZ conveys exactly the oppositeof those qualitiesone... | Harvard: RuSHA Case | 1,349,100 | 1,349,600 |
was to be translated. Therefore, I should like to request the Tribunal to give me permission to have the second part of this brief also Translated. THE PRESIDENT:It will be translated and delivered to the Court. You have filed it with the Translation Department, have you? DR. WERNER:Yes. Yes, it is filed. THE PRESIDENT... | Harvard: RuSHA Case | 1,349,550 | 1,350,050 |
This attempt was also without success. This disadvantage for the defendant BRUECKNER is all the more serious as the prosecution and there is a difference from the German criminal procedure - is presenting in court only such documents which are incriminating for the defendant. Thus these among the captured documents whi... | Harvard: RuSHA Case | 1,350,000 | 1,350,500 |
liable to punishment, He held this position only from 1943 on and by no means immediately after his drafting into the emergency labor-service. Only a very few documents produced by the prosecution contain any information about this activity carried on by him within the framework of basic instructions on the part of his... | Harvard: RuSHA Case | 1,350,450 | 1,350,950 |
- - - - - 1) Prosecution exhibit 30 and 32 (affidavits SCHWARZENBERGER and CREUTZ) Engl. Tr. Translater's note: Engl. transcript page No. missing. German transcript 2268-72 (cross-examination of SCHWARZENBERGER) Engl. transcript 2373-2377) German transcript 2054-55 (Cross-exam. CREUTZ) English t. 2148-2149) German tran... | Harvard: RuSHA Case | 1,350,900 | 1,351,400 |
and directives not submitted with this document. The contents of the teletype messages shows that BRUECKNER was engaged with the forwarding of reports and orders. Whether and which measures had been ordered by Himmler is not made clear. The prosecution exhibits 437,439 and 440 dealing with German orphans from the Banat... | Harvard: RuSHA Case | 1,351,350 | 1,351,850 |
conference contain quite important commissions and errors. On the other hand it establishes irrefutably that BRUECKNFR's affidavit is true. (German transcript page 2719-20, Engl. transcript page 2853 - 55). In which he maintained that the VOMI had no authority in the discussed problems and that he clearly and distinctl... | Harvard: RuSHA Case | 1,351,800 | 1,352,300 |
2721, 2738 (testimony BRUECKNER) Engl. Transcr. P. 2830-31 2855. 2875). German transcript p. 2623, 2625, 2627, 2663 (testimony LORENZ) (Engl. transcr. p. 2752, 2755, 2758, 2793). German transcript page 2780 (testimony ELLERMEIER) (Engl. transcr. p.2918). German transcript p. 2826, 2829 (testimony KLINGSPORN) (Engl. tra... | Harvard: RuSHA Case | 1,352,250 | 1,352,750 |
of these people who fled to Germany, as far as they were not accomodated in the VOMI camps. In the scope of his department - comradeship work -, (Kameradschaftsarbeit) he had to take care of their accomodation and financial support and had to furnish them with identification certificates. 8) 8) German transcr. p. 2722-... | Harvard: RuSHA Case | 1,352,700 | 1,353,200 |
and, in particular, the teletype message dated 2 March 1943, to which BRUECKNER refers in Prosecution Exhibit No.746, - it might be a question of procuding DocumentNO-5333which has not been submitted - then it wouldhave appeared immediately ad unequivocally that Prosecution Exhibit No. 746 was made up in this particula... | Harvard: RuSHA Case | 1,353,150 | 1,353,650 |
the contrary he opposed it. - - - - 10) German transcript 2724-27, 2732 (testimony BRUECKNER), Engl. trans cript 2860-64, 2869. German transcript 2632-33 (Testimony LORENZ), English transcript German transcript 2929 (Testimony PURM), Engl. transcript 3063. German transcript 2793 (Testimony of Prelate PIEGER), English t... | Harvard: RuSHA Case | 1,353,600 | 1,354,100 |
introduced. He carried it out in the only possible way, that is according to the advice given by Dr. BEHRENDS, by suggesting the establishment of a nationality register. But that had nothing to do with the evacuations subsequently effectuated as the evidence has proved - - - - - - 13) German transcript 591, 592, 600-60... | Harvard: RuSHA Case | 1,354,050 | 1,354,550 |
16) German transcript 1809 (Testimony Dr. Steier) English transcript 1889. German transcript 2713 (Testimony BRUECKNER), English transcript 2846. BRUECKNERExhibit No. 1 and 3. Also in this connection the humane and helpful attitude of the defendant BRUECKNER towards non-Germans al ready demonstrated deserves special at... | Harvard: RuSHA Case | 1,354,500 | 1,355,000 |
and the VOMI neither had anything to do with application of the German People's List and with the care of the group of persons belonging to groups III and IV. 20) If the VOMI occasionally received a regulation concerning the German People's List for its information then it was filed in Amt VI of the VOMI, No actions we... | Harvard: RuSHA Case | 1,354,950 | 1,355,450 |
with regard to this statement. As the document show in connection with the statement made by the defendant Brueckner on the witness stand German Transcript 2735 - the matter involved is a discussion or the guardianship for German orphans who came to Germany in their flight from the Red Army. Brueckner thus neither part... | Harvard: RuSHA Case | 1,355,400 | 1,355,900 |
well, carried out in principle by the agencies of the Reich labor administration and certainly not by the VOMI or by Brueckner. Within the scope of his office he had, however, to see to it that these refugees were treated in exactly the same manner as German nationals, to investigate possible complaints and to redress ... | Harvard: RuSHA Case | 1,355,850 | 1,356,350 |
at a smaller pay than Reich Germans. But in order to establish the characteristics constituting slave labor, it is a prerequisite that such conditions are found to exist. 8.) According to Sub-section 19 Brueckner is suppresed to have forced persons of non-German descent to join the Wehrmacht, the Waffen SS, the police,... | Harvard: RuSHA Case | 1,356,300 | 1,356,800 |
a judgment. Neither did he take any part in issolated cases of atrocities or persecution which constitute no crime against humanity in the opinion of Military Tribunal No. III, page 38 of the verdict versus Altstoetter et al, contrary to the resolution on the criminal facts which shall in the future constitute the crim... | Harvard: RuSHA Case | 1,356,750 | 1,357,250 |
emphasized especially by the fact that whenever he had contacts with persons of foreign nationality he supported them at the risk of the religious prejudices. He was not aware of violating any laws. Neither did he know nor was he obliged to know that in matters connected with international law he made himself guilty of... | Harvard: RuSHA Case | 1,357,200 | 1,357,700 |
in violation of the laws of war, neither as principal or abettor nor as a person who ordered, instigated, consented to, planned or had any connection with the execration thereof. He neither murdered nor illtreated the civilian population of the occupied territories. He took no part in any deportation for forced labor o... | Harvard: RuSHA Case | 1,357,650 | 1,358,150 |
26 Brueckner is accused of having been a member of an organization which has been declared criminal by the International Military Tribunal, i.e. the SS. The evidence hasproved the following: On 9 November 1939 Brueckner was drafted into the WOMI for emergency service. In the summer 1940 he was employed as an unskilled ... | Harvard: RuSHA Case | 1,358,100 | 1,358,600 |
remained with the SS in spite of being aware of the fact that the SS had been assigned to perform criminal acts, or who had actually participated in the execution of such crimes. An exception is made in favor of such members of the SS upon whom membership was enforced in such a way by the State that they could not evad... | Harvard: RuSHA Case | 1,358,550 | 1,359,050 |
of which the SS has been accused in the IMT judgment. As far as government measures against Jews, Alsatians, Slovenes, Luxemburgers, Lorrainians, and Poles are concerned, the evidence hasproved Brueckner's unantagonistic, humane and tolerant attitude and his freedom from racial, religious and political- prejudices. His... | Harvard: RuSHA Case | 1,359,000 | 1,359,500 |
broad aspects of this case. Otherwise we might easily get lost in the maze of the material involved in this proceeding and be diverted from those fundamental principles of criminal and international law which alone should govern this trial. The criminal responsibility of the defendant is based on Control Council Law No... | Harvard: RuSHA Case | 1,359,450 | 1,359,950 |
the economic blockade; in the second World War, all this has been greatly surpassed by the enhanced capacity of the armaments industry necessarily involving compulsory labor, by bomb warfare which does not spare women and children, by the so called Vweapons, by the atom bomb, and last but not least by the biological is... | Harvard: RuSHA Case | 1,359,900 | 1,360,400 |
State or responsible officials in Government de partments, shall not be considered as freeing them from responsibility or mitigating punishment." Now, it follows from the nature of a modern state that it sets up a large and efficient and highly involved administrative machinery. As usual in totalitarian states, this ma... | Harvard: RuSHA Case | 1,360,350 | 1,360,850 |
apply to all branches of the entire set-up of state and party authorities. Such interpretation, however, is barred by the London Agreement of 8 august 1945, according to which only the "major war criminals" are to be punished. In my opening statement I have already referred to the definition given by the French Chief o... | Harvard: RuSHA Case | 1,360,800 | 1,361,300 |
Law. In consequence, the legal effect of decrees issued by the supreme national authorities is not affected by the fact that they are inconsistent with the commands of International Law. The 'officials and subjects of the state' must obey such decrees in the same way as those which are consistent with the commands of I... | Harvard: RuSHA Case | 1,361,250 | 1,361,750 |
citizen. But this circumstance may well be of decisive importance for the imputation that the defendant knew of a criminal program of the government, and this knowledge -- the defendant s state of mind - - is one of the elements constituting criminal responsibility. For a man whose entire activities were outside of the... | Harvard: RuSHA Case | 1,361,700 | 1,362,200 |
was also the purpose of the manuals (LEITHEFTE). They show that RuSHA did not emphasize, but avoided anti-semitism, as this would have been inconsistent with the real aims and purpose of RuSHA, The conception of a "master race" was neither coined nor propagated in the SS; this has been stated by Caesar, the previous he... | Harvard: RuSHA Case | 1,362,150 | 1,362,650 |
the SS as such; they can, therefore, never constitute a criminal offense in National or International Law, even if the SS has been declared a criminal organization by the IMT. This has been recognized by the Tribunal in case No. I (medical case): Testifying before this Tribunal. POPPENDICK stated that the Nazi racial p... | Harvard: RuSHA Case | 1,362,600 | 1,363,100 |
doc. book II B. In this exhibit, it is also emphasized that the co-operation of other agencies is nothing but the usual inter-departmental relationship and that it did not imply any change of competence. It was only a matter --------------------------------19) Prosecution Exh. 20, doc. book II B 20) Prosecution Exh. 21... | Harvard: RuSHA Case | 1,363,050 | 1,363,550 |
EWZ. Its activities were financed by the Reich Commissar for the Strengthening of Germanism,25) whereas the RuSHA as such was financed by the Reich Treasurer of the NSDAP. The statistics concerning the activities of the Field Office Lodz were not kept by RuSHA, but by the Main Staff Office.26) The cooperation between t... | Harvard: RuSHA Case | 1,363,500 | 1,364,000 |
Office Lodz is mentioned as a department which cooperates directly, in the same way as the Race Office and the Settlement Office.30a) The Field Office of Bohemia and Moravia, which was set up in 1941, fulfilled its tasks in complete independence. The documents show that it received its immediate directives from the Rei... | Harvard: RuSHA Case | 1,363,950 | 1,364,450 |
more than two documents exist: One of these documents is a letter dated 25 January 1940 and addressed to the Racial Examiner DIETRICH, who was working in the EWZ. By this letter, HOFMANN transmitted a ruling of HIMMLER dated 16 January 1940, according to which the category III of the resettlers was to be included in th... | Harvard: RuSHA Case | 1,364,400 | 1,364,900 |
denominator and be subjected to a summarized legal evaluation. I am now leaving out the first point of my legal argument and continue with II, which will be found on Page 51, second paragraph. II.The decrees of HIMMLER were put into practice on the lowest level. It was on this level that the racial examiners did their ... | Harvard: RuSHA Case | 1,364,850 | 1,365,350 |
of the racial examiners could have actually achieved the effect which must be considered a crime. AD IIIa) It is true that your Honors have made it clear on several occasions that you are not interested in the actions of other persons. And I do not intend to justify the decrees of HIMMLER; of the Staff Main Office, or ... | Harvard: RuSHA Case | 1,365,300 | 1,365,800 |
induce the Polish civilian workers living in Germany to have as many children as possible, and, if possible, with German partners, in order to harm the German race in this manner. It cannot be my task here to present exhaustive - - - - - 152 HOFMANN Exhibit 165, Document Book 8. evidence on this point. Rather would I r... | Harvard: RuSHA Case | 1,365,750 | 1,366,250 |
also new laws against crimes and offenses, which may be necessary for the protection of the armies during a state of war. HOFMANN, in any case, had to rely on the fact that the racial examiners were working for a purpose which the State considered necessary. So far, at any rate, it must be denied on the grounds of limi... | Harvard: RuSHA Case | 1,366,200 | 1,366,700 |
65, Document Book IIIA Hofmann Exhibit 160, Document Book VIII. and misgivings were partly the same as those which have induced other States as well to forbid sexual intercourse between members of their race and nationality and people of a different kind. Thus, for instance, a number of states of the U.S.A. have issued... | Harvard: RuSHA Case | 1,366,650 | 1,367,150 |
submitted affidavits or reports which bear out these deductions.162) The questions of the prosecution in the cross-examinations were mostly on the point as to whether the examinations of the racial examiners had been decisive for the negative result. In contrast to this, we have the testimonies of the prosecution witne... | Harvard: RuSHA Case | 1,367,100 | 1,367,600 |
the effect of the racial examinations in comparison to the millions of people inhabiting the border territories of the East, and just how "decisive" they were. Those words, so often used, and perhaps just for this reason no longer consciously used in their true meaning, can only be reasonably interpreted in this way. F... | Harvard: RuSHA Case | 1,367,550 | 1,368,050 |
work of the racial examiners was purely that of positive selection. From the very start they had been given the task of selecting from the number of SS-candidates those who were tallest, strongest, and came nearest to the average German specimen. ------------------165) Hofmann Exhibit 159 Document Book VIII 165a) " " 1... | Harvard: RuSHA Case | 1,368,000 | 1,368,500 |
which follow have been shown as being incorrect: "Through the control of the police organization, particularly of SIPO and SD, the SS was implicated in all those crimes which have been outlined in the chapter of this judgment dealing with Gestapo and SD." As stated above, RuSHA, was a separate state agency. The SS rath... | Harvard: RuSHA Case | 1,368,450 | 1,368,950 |
aim always was to preserve life, not to destroy it. Himmler's words, when transferring RuSHA to Pancke, are significant: "I transfer RuSHA to you, as it is the most beautiful, office which the SS can confer; indeed, it has purely positive tasks, whereas RSHA has the negative ones. While RSHA has to combat evil, RuSHA h... | Harvard: RuSHA Case | 1,368,900 | 1,369,400 |
stated plans vastly transgressing their com petencies. These plans were not carriedout. Rather, Hofmann considered as his duty to act through his own good example and not through the police bludgeon, his family life was ex emplary, as shown by various statements of witnesses. He was a good comrade and was interested in... | Harvard: RuSHA Case | 1,369,350 | 1,369,850 |
knew from hear say. Believing that things were as presented to him by the interroga tors, he signed affidavits, although he did not actually knot about the matters concerned. Insofar, his affidavits which he signed and - - - - - - - - - - - -50) Hofmann exh. 3, doc. book V. which have been presented here are devoid of ... | Harvard: RuSHA Case | 1,369,800 | 1,370,300 |
54) THE PRESIDENT:The Tribunal will recess until 9:30 tomorrow morning. (A recess was taken until 0930 hours 18 February 1948.) - - - - - - - - - - - - - - - - - - - - - - 53) Hofmann exh. 14, 119,120,121, doc. book V. 54) Hofmann exh. 122, doc. book V. Official Transcript of the American Military Tribunal in the matte... | Harvard: RuSHA Case | 1,370,250 | 1,370,750 |
In Article V of the Control Council Law of 20 December 1945, of the "writ of habeas corpus" of German war criminals, promulgated and signed by the four signatory power it states, and I quote: "If within six months the extradited person has not been convicted by the Court of the Zone or country to which he has been deli... | Harvard: RuSHA Case | 1,370,700 | 1,371,200 |
there is perhaps concealed another motive which would deprive him of the judgment of this court. Realizing the possibilities which could arise from this statement, it has become necessary for the defense of Hildebrandt to discuss the question as to what significance is attached to that statement from the standpoint of ... | Harvard: RuSHA Case | 1,371,150 | 1,371,650 |
no longer be restored by a unilateral declaration made by the Prosecution but only by a legal judgment. The unilateral withdrawal of an action by the Prosectuion after the Trial has been opened would deprive the defendant of his right to know that he in case of his innocence has been exonerated from this charge by a fi... | Harvard: RuSHA Case | 1,371,600 | 1,372,100 |
extend or restrict the criminal action or to renounce the further prosecution of certain parts of the case as not, pr no longer, being covered by the counts: it is exclusively the Tribunal which decides on the justification or nonjustification of these assertions, be it by returning a verdict of guilty or not guilty. T... | Harvard: RuSHA Case | 1,372,050 | 1,372,550 |
the subject of the indictment, The identity of his activity in Danzig-West Prussia is linked with the charges contained in the indictment. Therefore, the subject for the findings of the court constitutes the entire activity of Hildebrandt in accordance with the indictment, as represented in the course of the trial. C. ... | Harvard: RuSHA Case | 1,372,500 | 1,373,000 |
war criminals in the lands of the victor nations are enjoying now as ever their liberty without any information coming to Germany that criminal proceedings had been initiated against them. This fact, which appears odd to the mind of every German, makes understandable the resigned statement of one of the best known Germ... | Harvard: RuSHA Case | 1,372,950 | 1,373,450 |
Polish court. The prosecution maintained silence as to his statements. Fair conduct on the part of the prosecution would at least have demanded some hint. The pro cedure followed by the prosecution towards HILDEBRANDT is not in harmony with the principle as emphasized by me. c) The defense does not wish to impute to th... | Harvard: RuSHA Case | 1,373,400 | 1,373,900 |
secret motives. Such a legal policy is not in harmony with American justice. My fight for HELDEBRANDT's life, this "pure, unselfish character of courageous and humane attitude" is dierected against this policy. 9.) However, the action of the prosecution is also ill-advised. The prosecution is about to add its voice to ... | Harvard: RuSHA Case | 1,373,850 | 1,374,350 |
There was hardly any contact or influence upon these offices on the part of Hildebrandt owing to the changing conditions and the difficulties of transportation facilities, but also owing to lack of inclination. Hildebrandt's activities applied for the most part to caring for SS members and their families. 4.) The Prose... | Harvard: RuSHA Case | 1,374,300 | 1,374,800 |
an ethnic readjustment in the East, intended to serve the pacification of Europe, the Prosecution selected specific measures as for instance, evacuations, 26) ---------------------25) - Hildebrandt Exhibit 31, 41, 42, 43, 44. 26) - " " 31, 52. regermanization and germanization, German Peoples List27) and welfare for or... | Harvard: RuSHA Case | 1,374,750 | 1,375,250 |
construe an organized man hunt from Hildebrandt's activity as Higher SS and Police Leader in Southern Russia during the evacuation of the civilian population, who were fleeing from the Russian Army, in order to misuse these unfortunates as slave laobrers in Germany. It believed to have found in the witness Gerbel the w... | Harvard: RuSHA Case | 1,375,200 | 1,375,700 |
intend to charge the defendant for member--------------------------31) - The Nuernberg Verdict a publication, German Version, page 113. ship in the SS for this period. Thus the prosecution would deviate from the judgment of the IMT which declared as criminal the continuation of membership in the SS of any such person a... | Harvard: RuSHA Case | 1,375,650 | 1,376,150 |
occasion of representative gatherings - nor the Secret State Police were subordinate to his command. Merely the Allgemeine SS, which on account of wartime conditions lost in number and importance at an increasing rate, belonged to his sphere of authority in his capacity as Leader of an Administrative District the offic... | Harvard: RuSHA Case | 1,376,100 | 1,376,600 |
the shortsightedness of the statesmen of that era would preclude a pacification of Europe. To him it was clear that long before the outbreak of World War I Russia's urge for expansion appeared as a storm cloud on the political horizon. Had the Allies in the Peace Treaty of Versailles treated the Germans properly and le... | Harvard: RuSHA Case | 1,376,550 | 1,377,050 |
To safeguard the new Reich frontier by German people. His activity as Deputy was directed at the pacification of the East as purported by the Fuehrer - Decree of 7 October 1939, and appointed a Reich Commissar for Strengthening of Germanism. 11) Whatever position one may take with regard to HITLER his concept to reorga... | Harvard: RuSHA Case | 1,377,000 | 1,377,500 |
Oder-Neisse-Line and which will determine the fate of Europe and perhaps of the entire world. 15) Germany started the war. That was her guilt - (Pause!) in the opinion of the victors. The guilt of a war which had been predicted by far sighted men of their countries as early as 1919 in view of the handling of the Polish... | Harvard: RuSHA Case | 1,377,450 | 1,377,950 |
assume the collective guilt for the current misery and the threatening chaos? Where is now the protest of the world conscience? Where is action? 20) If there existed an absolute law there ought to be a World Tribunal which would have to pass judgment in the millions of cases from the German land against murder, pillage... | Harvard: RuSHA Case | 1,377,900 | 1,378,400 |
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