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Air Force, Dr. Von Hammerstein. For several years he was the Supreme Judge of the Air Force and in that capacity he reported once a month to the Defendant Goering. Thus he was in a position to judge the attitude of Goering as supreme legal authority and he now describes in detail how seriously the Defendant Goering too... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 4,050 | 4,550 |
offered in evidence, and they will hear no comment whatever on them. The time is approaching immediately when the defense counsel are going to make their speeches, and if there is anything in these affidavits or interrogatories of real importance, they will have the opportunity then of commenting upon it. And also, the... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 4,500 | 5,000 |
will just give us the numbers then. DR. HORN: The affidavit signed by Best I should like to submit as Exhibit Ribbentrop-320. I should like to give a brief explanation of the reason for this affidavit. 404 3 July 46 In cross-examination, my client was confronted with Document 2375-PS. This document is an affidavit of a... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 4,950 | 5,450 |
not yet been dealt with. 405 3 July 46 First of all we are concerned with the witness who has been allowed me by the Tribunal, Generaladmiral Bohm. The Tribunal will recall that I was permitted to examine this witness at the end of the presentation of evidence. In the meantime, after consultation with Mr. Elwyn Jones a... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 5,400 | 5,900 |
about the political developments. He then asked Raeder 406 3 July 46 whether he had called Hitler's attention to the great dangers and to the fact that the German Navy would not be in a position to carry on a war at sea: "Grossadmiral Raeder replied to me"-and these are his words-"that he had put this up to Hitler more... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 5,850 | 6,350 |
This sentence was never used, and what I have just said applies here, too. Hitler never voiced the intention that he wanted to fight against the West." Now I shall omit the next point and on Lines 15 to 18 on Page 2 it says: " 'It is easy for us to make decisions. We have nothing to lose, only to gain. Our economic sit... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 6,300 | 6,800 |
President, after many weeks the interrogatory of Albrecht has reached me in its final form. I sent it to the Translation Division several days ago and have not yet received the translation. This interrogatory has been approved and I put it in as Exhibit Number Raeder-128. I ask the Tribunal to take judicial notice of t... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 6,750 | 7,250 |
What is your complaint? DR. SIEMERS: Mr. President, you have misunderstood. I was not complaining. I was just stating the facts in order to show why the interrogatory is not here, and I ask that when the interrogatory arrives I may be permitted to submit it then, though by that time the evidence... THE PRESIDENT: I kno... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 7,200 | 7,700 |
have not been understood. I am not accusing anyone. I am just asking for permission to submit my interrogatory subsequently. THE PRESIDENT: Well. We will consider that. We will not make any decision until we have heard a report from the General Secretary upon the circumstances. DR. SIEMERS: Mr. President, then I should... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 7,650 | 8,150 |
concerned with the staff of Raeder. In this connection... THE PRESIDENT: Have you got any evidence of the facts you are stating, or do the Prosecution accept them? SIR DAVID MAXWELL-FYFE: We accept, I am sure. My Lord, we have had it in evidence and we accept the fact that he was in the Naval Historical Section of the ... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 8,100 | 8,600 |
there have been any alleged mis-translations, the matter has always been referred through the General Secretary to the Translation Division and then they have been corrected; and for you to get up at this stage of the Trial and say that there are many mis-translations, without any proof of it at all, simply upon your o... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 8,550 | 9,050 |
if the Tribunal wishes me to do so. There are three documents which refer to the same subject: The testimony given by the President of the Red Cross at Geneva, Professor Burckhardt; the testimony given by Dr. Bachmann, who was the delegate of the Red Cross; and then there is Dr. Meyer's testimony, and he too was an off... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 9,000 | 9,500 |
of his official activities in the course of many years. This witness held for years a leading position in the Foreign Intelligence Service.. He knows Kaltenbrunner's attitude regarding the executive and he confirms the fact that Kaltenbrunner agreed with Himmler at the time, that he, Himmler, would retain the executive... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 9,450 | 9,950 |
will be able to assess the evidence value of the letters according to their own opinion. Perhaps I may submit these two short documents to the Tribunal. So far as I know, the Prosecution is acquainted with these two documents, because they have been in the Translation Division, and some time ago a representative of the... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 9,900 | 10,400 |
part already come up at this Trial. I should like to draw your attention to a few points. There is the question of what was Sauckel's general attitude, particularly toward Himmler's views; and the witness stresses the fact there was considerable controversy between Himmler and Sauckel in this respect. He mentions one p... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 10,350 | 10,850 |
them to the Tribunal. They are mostly concerned with laws and decrees and I would like to submit them in addition to what I have already submitted. THE PRESIDENT: Yes, Dr. Servatius, the Tribunal would like you to submit them now, because the Tribunal wishes to deal with the evidence on behalf of the Defense finally, n... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 10,800 | 11,300 |
DR. SERVATIUS: Yes. COL. PHILLIMORE: Yes, My Lord. , DR. SERVATIUS: Then I was going to submit a list of all of Sauckel's decrees as Document Number Sauckel-109 which will give an idea of the great care he took of all kinds of matters. This list will give the titles only. THE PRESIDENT: Very well, you did not give a nu... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 11,250 | 11,750 |
fact, if it was not submitted by Dr. Servatius, we intended to offer it ourselves. THE PRESIDENT: Very well. Of course the Tribunal thinks it is irregular, really, that a witness who has been called and has given evidence, has been cross-examined-has been re-examined and cross-examined by any other counsel for the defe... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 11,700 | 12,200 |
had the opportunity of cross-examining Speer when he was in the witness box and you could then have elucidated anything you wanted to elucidate at that time. DR. SERVATIUS: Yes, only the circumstances were not known to me at that moment. MR. DODD: Mr. President, I do not wish to press this at all, and if the Tribunal h... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 12,150 | 12,650 |
25th Army in Holland. He confirms that Reich Commissioner Seyss-Inquart, in a letter to the Fuehrer, had requested that the fighting should cease, in order to save the country from being heavily damaged and also to prevent a famine. This document is Number Seyss-Inquart-111 in my document book. This document had been a... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 12,600 | 13,100 |
obtaining of the defendant's NSDAP membership card which was impounded when he was arrested, and which must be among his personal documents in the custody of the Tribunal. A few 423 3 July 46 months ago I made a request to that effect, but both sides apparently lost sight of the matter. THE PRESIDENT: Of course, you do... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 13,050 | 13,550 |
date. I am sure that is what it will show and if it will help the doctor, we will be glad to agree to that. THE PRESIDENT: Very well. DR. STEINBAUER: The last document for which I am applying is the following: During cross-examination a document was submitted in which an 18 year-old female police clerk named Hildegard ... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 13,500 | 14,000 |
the Office of Ideological Enlightenment in the of lice of the Fuehrer's deputy for the supervision of the entire ideological and intellectual framing of the Party. Concerning this activity and this office he testified that it involved almost exclusively a reporting and registration of events in this sphere. Any active ... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 13,950 | 14,450 |
and there was an oral application, I think, to cross-examine those persons. Do you want that to be done, or have you withdrawn that? DR. SCHILF: Mr. President, that application has not been withdrawn, but it was put in only as an auxiliary application, to have effect only if the interrogation notes submitted by the Rus... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 14,400 | 14,900 |
Mr. President. THE PRESIDENT: Then that brings the Tribunal to the end of the evidence for the Defense, with the exception of two witnesses who are to be-who are here and to be called on behalf of the Defendant Bormann. DR.FLACHSNER: Mr. President, on behalf of the Defendant Speer may I submit in addition a document wh... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 14,850 | 15,350 |
the Defense is now concluded, subject to the reception of documents which I may describe as outstanding, either interrogatories or affidavits. DR. MARX: Mr. President, may I be permitted, please, to introduce three more documents with the permission of the Tribunal. They concern the following questions: When considerin... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 15,300 | 15,800 |
this evidence be admitted and that it be declared relevant. THE PRESIDENT: You said you have got three documents. The first one is a directive from Ley? DR. MARX: Yes, Mr. President. THE PRESIDENT: Yes. What are the other two? DR. MARX: One is an excerpt from the newspaper Der Sturmer in May 1935, Number 18, which read... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 15,750 | 16,250 |
At this time interrogations are going on constantly in the commissions in order to gather evidence with regard to the organizations. Witnesses are being interrogated there whom we here do not know, and documents are being submitted which we have not yet seen. It will be several weeks before we know the results of this ... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 16,200 | 16,700 |
that is not strictly offered in rebuttal; but the Tribunal has had before it a document, EC-338, which was put in as Exhibit USSR-356. That document consisted of 432 3 July 46 a commentary by Admiral Canaris on these orders, and Your Lordship may remember the document. Defendant Keitel had made certain notes on it on w... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 16,650 | 17,150 |
General Rudenko; but there is one by the Defendant Fritzsche on 1 October, and so on, culminating with a 433 3 July 46 broadcast by Goebbels on the 22d, the day before the article appeared. My Lord, that will be GB-526. The next document, 3881-PS, is an extract from the proceedings before the Peoples' Court on 7 and 8 ... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 17,100 | 17,600 |
the Reich Minister of Justice. It sets out the feeling of insecurity in the neighborhood of the sanatorium administered by its inspector, in view of the number of deaths which are occurring. 434 3 July 46 The second, dated the 10th, is a letter from the Minister of Justice acknowledging the complaint and saying that it... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 17,550 | 18,050 |
1,800,000 workers and employees in Belgium, 901,280 were employed with the German Armed Forces and in the German interests. 435 3 July 46 My Lord, at Page 4 is a comparison between Belgium, Holland, and France in terms of percentage of workers employed as slave labor. My Lord, at Page 5 is a statement of the production... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 18,000 | 18,500 |
he said that the total slave labor figure was not more than 5 millions. My Lord, at Pages 8 and 9 of this document, the Tribunal will see the slave labor position of Germany at the end of 1943, so that to this must be added slave labor drawn in during 1944. My Lord, it amounts to just under 7 millions, of which 1,462,0... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 18,450 | 18,950 |
the supreme command of the Armed Forces the enclosed document to following parties, among others. I shall name only the ones to which we have attached some importance: To the Party, the 437 3 July 46 Elihrer's Deputy, the first copy; to the Chief of the Reich Chancellery; to Ministerprasident, Field Marshal Goering, th... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 18,900 | 19,400 |
most important questions of Reich defense. They will be worked out by the Reich Defense Committee. "Meetings of the Reich Defense Council are to be convened only for these decisions which are unavoidable. It is urged that the departmental chiefs themselves be present. "Distribution of labor. "I. The President announced... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 19,350 | 19,850 |
of the document which do not seem particularly important to our argument and pass to Item 2, Page 9 of the English translation: "(2) A second category of workers liable for military service will be called up during the war after their replacements have been trained. A decisive role is played by the extensive preliminar... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 19,800 | 20,300 |
65 and upon minors of between 13 and 14. The disabled and the infirm must be deducted from the 56.5 millions. Most prisoners are already employed in industry. The greatest deduction is that of 11 million mothers with children under 14. After deduction of these groups, there remains an employable population of 43.5 mill... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 20,250 | 20,750 |
Germany, particularly in agriculture. They are to be housed in barracks. General Field Marshal Goering will obtain a decision from the Fuehrer on this matter." I shall omit 16. If I may say as I offer this, it seems rather detailed as showing the extent of preparation already accomplished at the time, in June of 1939: ... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 20,700 | 21,200 |
machinery from top to bottom. In this way the number of public posts and officials was increased many times over. This makes public service more difficult. "28. Since the war tasks have increased enormously."-The context makes it clear that that is the preceding war.-"The organizing of total war naturally requires much... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 21,150 | 21,650 |
not known a long time beforehand, but when an unexpected and almost immediate military decision 444 3 July 46 is required. According to the present situation transport is not in a position, despite all preparations, to bring up the troops." "a" is unimportant for my purposes, "a" on Page 18. "b" and "c" represent steps... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 21,600 | 22,100 |
not think it is necessary because the text is not changed any by what we have quoted from it. That becomes Exhibit USA-903. Now, we also have here some photographs, Mr. President; and these are offered with respect to the Defendant Kaltenbrunner. They were turned over to us by our colleagues of the French Prosecution. ... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 22,050 | 22,550 |
the camp entrance either in the autumn of 1943 or the spring of 1944. I took lunch with him there at the mess table." And then another affidavit, Document 4032-PS, which becomes Exhibit USA-908-no, 909. I think it is unnecessary to read this; it has been translated. It is the deposition of one Karl Reif, R-e-i-f, in wh... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 22,500 | 23,000 |
on the left-hand side, where Martin Bormann was walking- suddenly received a direct hit, I imagine from a bazooka fired from a window, and this tank was blown up. A flash of fire suddenly shot up on the very side where Bormann was walking and I saw. .. THE PRESIDENT: You are going too fast. You are still going much too... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 22,950 | 23,450 |
BERGOLD: And nobody else followed you? KEMPKA: Certainly. Always, when you passed this antitank trap, you would run into defensive fire; a few only would remain lying on the spot while the rest always retreated. But those on that tank I have never seen again. DR. BERGOLD: Gentlemen of the Tribunal, I have no further qu... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 23,400 | 23,900 |
other armored vehicles coming along, is that right? KEMPKA: Yes, yes indeed. THE PRESIDENT: German tanks and German armored vehicles? 450 3 July 46 KEMPKA: Yes, German armored cars. THE PRESIDENT: Did you have any conversation with the drivers of them? KEMPKA: No, I did not talk to the drivers. I think State Secretary-... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 23,850 | 24,350 |
did not see any effort on Bormann's part which indicated that he wanted to climb onto the tank. THE TRIBUNAL (Mr. Biddle): How long before the explosion were you looking at Bormann? KEMPKA: All this happened in a very brief period. When I was still talking to Bormann the tanks turned up and we passed the tank trap righ... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 24,300 | 24,800 |
about how you would get out of Berlin when you left the Reich Chancellery bunker at about 9 o'clock that night? KEMPKA: I took my orders from the former Brigadefuehrer Milunke. I was not receiving direct orders from Reichsleiter Bormann any more. MR. DODD: I did not ask you if you got an order from him. I asked if you ... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 24,750 | 25,250 |
was wrapped was rather short, and I only saw his legs hanging out. MR. DODD: I do not think I will inquire any further, Mr. President. DR. BERGOLD: I have no further questions either. THE PRESIDENT: The witness can retire. DR. BERGOLD: Gentlemen of the Tribunal, the witness Walkenhorst is also still present here. It ap... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 25,200 | 25,700 |
I wish to draw the attention of defendants' counsel. The Tribunal have been informed as to the length of the speeches of certain of the defendants' counsel which have been placed before the Translation Division for translation, and in the case of the Defendant Keitel and in the case of the Defendant Jodl the speeches w... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 25,650 | 26,150 |
speech which has been put in on behalf of the Defendant Goering. DR. NELTE: Naturally, I am unable to know by what points of view the counsel for Reich Marshal Goering or Foreign Minister Von Ribbentrop are guided and governed. I can only be guided by my own views and sense of duty. THE PRESIDENT: Perhaps that is a mat... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 26,100 | 26,600 |
last Friday, after my return from Hamburg. I personally did not anticipate that such a mistake or such a misunderstanding could arise. Unfortunately, I also do not know how it did arise. Far be it from me to make any kind of accusation. I have merely requested that if the document were received, then the Tribunal shoul... | Yale Avalon (proceedings_vol17): One Hundred and Seventieth Day | 26,550 | 26,845 |
Avalon Home Document Collections Ancient 4000bce - 399 Medieval 400 - 1399 15 th Century 1400 - 1499 16 th Century 1500 - 1599 17 th Century 1600 - 1699 18 th Century 1700 - 1799 19 th Century 1800 - 1899 20 th Century 1900 - 1999 21 st Century 2000 - Nuremberg Trial Proceedings Volume 17 Previous Day Volume 17 Menu Ne... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 0 | 500 |
juridical question, not with the appreciation of the evidence submitted during the past months. Also, I am dealing only with the problems of law as it is at present valid, not with the problem of such law as could or should be demanded in the name of ethics or of human progress. My task is purely one of research; resea... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 450 | 950 |
made it the central theme of his long address to examine the relationship of the Charter, where our problem is concerned, to existing international law. He justified the necessity of his arguments by saying that it was the task of this Trial to serve humanity and that this task could be fulfilled by the Trial only if t... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 900 | 1,400 |
uncontested. But what if we have regulations capable of different interpretations before us or if the concepts of international law are the subject of controversy? Let us take the first: A stipulation of the Charter is ambiguous and therefore requires interpretation. According to one justifiable interpretation the stip... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 1,350 | 1,850 |
abolish war as an institution, that is, as an institution of international law.(2) After the negotiations had been concluded, Aristide Briand, the other of the two statesmen from whose initiative springs that pact which in Germany is often called the "Pact to Outlaw War," declared, when it was signed in Paris: "Formerl... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 1,800 | 2,300 |
Diplomacy and the doctrine of international law found their way back into their old tracks after the first World War, after a momentary shock from which they recovered with remarkable rapidity. This fact horrified all those who were anxious to see the conclusions-all the conclusions-drawn from the catastrophe. Mankind ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 2,250 | 2,750 |
Messages, Addresses and Public Papers, 1917-2d (edited by Ray Stannard Baker and William E. Dodd), New York 1927. 463 4 July 46 Humanity did not follow Wilson. Even for the members of the League of Nations war remained a means for settling disputes, prohibited in individual cases, but normal on the whole. Jean Ray(8), ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 2,700 | 3,200 |
Kingdom of the Optional Clause of the Statute of the Permanent Court of International Justice (Cmd. 3452, Miscellaneous Number 12, 1929). 464 4 July 46 to answer before the Permanent International Court of Justice at The Hague whenever a complaint was filed against Great Britain, which would include all cases of compla... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 3,150 | 3,650 |
et sequentes. (15) Parliament Debate, H. C., Volume 353, Number 198, Column1178 (21 November 1939). 465 4 July 46 Secondly, in view of the correct conclusions drawn by the British Government and expressed in their note of 7 September 1939 to the League of Nations, it is no wonder that the Soviet Union treated the Germa... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 3,600 | 4,100 |
Jahrreiss Plea, Annex, Exhibit Numbers 35 and 36. (16) Resolutions of the Assembly and the Council of 14 December 1939. (17) Congressional Record, Proceedings and Debates of the Second Session of the 70th Congress of the U.S., Volume LXX Part 2, Pages 1169/99. See also Ellery C. Shotwell, R e s p o n s i b i I i t y o ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 4,050 | 4,550 |
1942 in his paper Law and Peace in International Relations, which he wrote after painstaking research into literature. He himself belongs to the minority who are prepared to concede a legal distinction between just and unjust wars, so that his statement carries all the more weight. Now we must ask: Are we in point of f... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 4,500 | 5,000 |
ancient historical heritage just as the United States Government knows America and its vastly different history. (19) See, for instance, Eagleton, Clyde, An Attempt to Define Aggression (International Conciliation Number 264, 1930). Cuten, A., La notion de guerre permise, Paris 1931. Wright, Quincy, The Concept of Aggr... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 4,950 | 5,450 |
right. Very soon afterward they heard with even greater grief of the course of the discussions in tie American Senate. The ratification was, it is true, passed with 85 votes against 1, with a few abstentions; but if, behind the signatures of the contracting states there was no material agreement, there was even less be... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 5,400 | 5,900 |
all who reckon with human frailty, was never tackled: To create a procedure by which the community of states, even against the will of the-possessor, can change conditions that have become intolerable, in order to provide life with the safety valve it must have if it is to be spared an explosion. The individual state, ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 5,850 | 6,350 |
starts from the political concept of aggression. But that is quite indefinite. Shotwell and Brierly, among others, tried to assist immediately by deducing a legal concept of aggression from the second article of the treaty, which establishes the obligation to follow a procedure of peaceful settlement.(3l) We can leave ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 6,300 | 6,800 |
the belligerents before the law-apply for the qualification of the acts of the belligerent powers against one another? (2) Is it possible, or indeed permissible, that neutrality should still exist in such a war? (3) Can the result of the war, assuming that the aggressor is victorious, be valid under law, especially whe... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 6,750 | 7,250 |
a great power, the more the idea of neutrality asserted itself with fresh vigor. The complete discredit attaching to the League of Nations and the system of the Kellogg-Briand Pact since the Abyssinian conflict put classical international law back into its old position. In 1935 Switzerland declared her unrestricted neu... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 7,200 | 7,700 |
of what he has gained, and one of the main inducements to wage war will thereby be eliminated. Such a policy of nonrecognition is undoubtedly not enough to guarantee by itself a system of collective security, but it is an indispensable part of such an order. There can be no dispute about this. The Brazilian representat... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 7,650 | 8,150 |
strictly neutral.(43),(44) It is necessary to realize all this; and also to know that the British Government, on 20 February 1935, politely but firmly refused, through Lord Chancellor Viscount Sankey,(45) to accept the logical explications and paid tribute to the old truth: "It is not logic but history that creates law... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 8,100 | 8,600 |
Peace (A. J., Volume 32, 1938, Pages 101, 106). 475 4 July 46 being essentially no longer neutral; it was regretted by some, welcomed by others, sometimes attacked and sometimes defended. The supporters of the measures before the American public, above all Stimson and Cordell Hull, quite rightly refrained from justifyi... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 8,550 | 9,050 |
34, 1940, Page 680 et sequentes; particularly Stimson's speech of 6 January 1941 should be mentioned here. 476 4 July 46 The breach of such a treaty would not be any different, under existing international law, from any other violation of international law. The state violating a treaty would be committing an offense ag... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 9,000 | 9,500 |
Page 153. Also Jean Ray, Commentaire, Pages 74~75. 477 4 July g6 But only the Reich-not the individual, even if he were the heat of the State. This is beyond all doubt, according to existing international law. It is unnecessary even to speak about this. For up to the most recent times not even the possibility was menti... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 9,450 | 9,950 |
to look upon the state as one would look upon a private individual; indeed, more than that: What it is doing is destroying the spirit of the state. Such an indictment, the moral justification of which is not my concern- such an indictment is, as we have already shown, incompatible with the very nature of sovereignty an... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 9,900 | 10,400 |
t Really Happened at Paris, New York 1921).-Williams, E.T., The Conflict between Autocracy and Democracy (A. J., Volume 32, 1938, Page 663 et sequentes).-Nelsen, Collective and Individual Responsibility..., Page 541.-Also Borchard, Edwin, Neutrality and Unneutrality (A. J., Volume 32, 1938, Page 778 et sequentes). 479 ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 10,350 | 10,850 |
modified thereby. When looking at the problem from this point of view, no differently from that of international law, we must know how fat the Charter creates penal law with retroactive force. But we must now measure the regulations of the Charter not only against the international law which was Valid for Germany and w... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 10,800 | 11,300 |
The German Reich was incorporated into the community of states in the form and with the constitution which it happened to have at any given moment. Such is the case with every member of the community of states. The United States and the British Empire, the Union of Soviet Socialist Republics and the French Republic, Br... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 11,250 | 11,750 |
already complicated by the words used; in the German language, for instance this is so because "leading" is sometimes substituted for unconscious domination, while domination is occasionally called leading The differentiation is rendered even more difficult by the fact that leading may alternate with domination in rela... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 11,700 | 12,200 |
of this modification. Whereas on a superficial question, that. is, the question as to how he wished to be designated, Hitler urged not to be called "Fuehrer and Reich Chancellor" any longer, but only "Fuehrer," the way in which the State was being governed was taking the exactly opposite path; leadership disappeared mo... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 12,150 | 12,650 |
domination lies in this: Should or can it grant the members of its hierarchy, its civil servants and officers, the right-or even impose on them the duty-to examine at any time any order which demands obedience from them, to determine whether it is lawful and to decide accordingly whether to obey or refuse? No form of r... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 12,600 | 13,100 |
would have failed to see to it that its legislation was in accordance with international law. It would, therefore, have been responsible under the international regulations regarding reparation for international offenses. But until the law concerned had been eliminated in accordance with the rules of German constitutio... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 13,050 | 13,550 |
be normal. In the modern world, a world of constitutions based on the separation of powers under the supervision of the people, absolute monocracy does not seem to be proper in principle. And though this may not yet be the case today, one day the world will know that the vast majority of intelligent Germans did not thi... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 13,500 | 14,000 |
the hierarchy and the whole people as the undisputed and indisputable possessor of all competency. The result of the development was, at any rate, that Hitler became the supreme legislator as well as the supreme author of individual orders. He gained this position to some extent under the impression of the surprising s... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 13,950 | 14,450 |
Chamberlain, after the Munich Conference, displayed the famous peace paper when he landed at Croydon. This fact was pointed to when people went to war against the Reich as the barbaric despotism of this one man. No political system has yet pleased all people who live under it or who feel its effects abroad. The German ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 14,400 | 14,900 |
who as a functionary of the hierarchy invokes an order by the Fuehrer is not trying to claim exemption from punishment for an illegal action but opposes the assertion that his conduct was illegal; for it is his contention that the order with which he complied was legally unassailable. Only a person with full comprehens... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 14,850 | 15,350 |
to these special circumstances and to the recognition by the outside world, we are drawing attention to facts for the existence of which, to take our case, no German was responsible but which cannot be ignored when the question is asked how all this was possible. Attention must also be drawn to certain further facts wi... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 15,300 | 15,800 |
very many, among those Germans who felt Hitler's regime to be intolerable, who indeed hated him like the devil, looked ahead only with the greatest anxiety to the time when this man would disappear from the scene. For what would happen when this connecting link disappeared? It was a vicious circle. I again stress the f... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 15,750 | 16,250 |
given in Greek tragedy, the reply by Antigone in such a conflict cannot be imposed. It would shout scant knowledge of the world to expect it, let alone demand it, as a mass phenomenon. Before we come to the specific question of who in the Reich possessed the power of deciding on war and peace, one more word remains to ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 16,200 | 16,700 |
November 1933 onward, at the latest, the German Reichstag was no longer a parliament but merely an assembly for the acclamation of Hitler's 492 4 July 46 declarations or decisions. These scenes of legislation appeared to many people at home and abroad to amount almost to an attempt to make democratic forms of legislati... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 16,650 | 17,150 |
never a tangible one for the Germany of the Weimar Constitution. If, however, the Reich legislature had by means of a law taken the decision to wage war, the Reich President and the whole State hierarchy, particularly the Armed Forces, would have been bound (57) Kelsen, Collective and Individual Responsibility, Page 54... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 17,100 | 17,600 |
views of the legal world constitution, on which the chief prosecutors base their arguments. THE PRESIDENT: Dr. Sauter, could we take up the time between now and 1 o'clock in dealing with that letter, if you have it now? And possibly Dr. Exner also has his letter. DR. SAUTER: The Defendant Walter Funk was questioned her... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 17,550 | 18,050 |
(Counsel for Defendant Jodl): Mr. President, I was downstairs in the General Secretary's office, and I was promised it at 1:30, but I have not yet received it. I am sorry; at the moment I am not in a position to fulfill your request. THE PRESIDENT: You probably will have it at 2 o'clock. [The Tribunal recessed until 14... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 18,000 | 18,500 |
into the book which has been submitted to the Tribunal, because the hearing of the evidence only took place on Monday and the day before yesterday. I shall have to present it, therefore, without its being in the book. It is only a brief presentation, and the interpreters will receive copies of my draft. Unfortunately, ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 18,450 | 18,950 |
therefore your statement is entirely false-and I believe that same practice obtains in the United States. And as for what you say here about the Defense being under any unfair difficulties as compared with the Prosecution, that also is entirely inaccurate because I feel certain that the Prosecution in this case have ob... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 18,900 | 19,400 |
liberty. This striving for liberty released tremendous forces-so gigantic that in the end it was impossible to master them' The tremendous progress this era has unquestionably made in scientific and technical spheres we have dearly paid for with the shattering of all human order and the loss of peace in the entire worl... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 19,350 | 19,850 |
tendencies and struggles which had been the hallmark of ancient times was overcome by the conception of one eternal and omnipotent Christian 499 4 July 46 Church. With this a static order superseded the dynamic forces of the time, an order which according to the doctrine of the Church was created by the Lord himself an... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 19,800 | 20,300 |
justice be defined as an independent force set above natural impulses. Therefore the theory of Grotius necessarily petered out in the eighteenth century since, thinking in a purely worldly sense, it could not find a criterion for a just war. This development from the old order to new liberty, in other words, the fight ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 20,250 | 20,750 |
shown that might apparently goes before right and that the latter can be changed at will. By what would it then be possible to tell what is right except through the force with which it is able to assert itself and hold its own? This relativity of law which had come about, this positivism of law, no longer concerned its... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 20,700 | 21,200 |
to rest exclusively upon the Charter without taking into consideration the convictions of others with regard to law. In that case the judgment would represent a mere dictate of force, against which there would be no defense "in the name of justice." The Charter may therefore be applied by the Court only insofar as its ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 21,150 | 21,650 |
the administration with the present, and the judiciary with the past. The legislature sets the standards to which life is to conform. From time to time these must be changed in accordance with the changed way of living. But until then they must remain valid. Insofar as a mere establishment of norms of life is not suffi... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 21,600 | 22,100 |
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