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sine 1ege praevia. In its police measures It dispensed with their justification by the judge exactly as today the execution of denazification sentences was justly not placed under the jurisdiction of the Ministry of Justice by the Regional Council of the American Zone, on the grounds of being "alien to justice." By thr... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 22,050 | 22,550 |
Criminal Code, dwindled considerably. In contrast to this, no fixed ideological base as a foundation for the Charter is discernible. Since its signatories stand on very different ideological ground we will have to proceed, as in the international law valid hitherto, from the liberal idea of freedom of ideology. Therefo... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 22,500 | 23,000 |
Justice Jackson himself has expressed doubts whether punishment will serve to intimidate and thus help prevent breaking the peace in the future. 505 4 July 46 Only somebody certain of victory will decide to wage a war and thus will not seriously consider punishment, which would reach him only in the case of defeat. The... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 22,950 | 23,450 |
National Socialist jurisdiction. He does, however, believe that the possibility of punishing an act already branded as a crime does slot represent a change of the legal situation but only its logical further development, and is therefore permissible. I do not at all want to 506 4 July 46 contest the institution of the ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 23,400 | 23,900 |
objections to the Charter, he invokes the power of the victorious, who really could have made short work of the defendants. It seems to me that he speaks too much as an accuser, the sole role he really wants to assume according to his own words. For the prosecutor- especially in Anglo-American procedure-the word "justi... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 23,850 | 24,350 |
authority. There can be no doubt that the politicians called upon the judges to relieve them of a job which they could not manage themselves. And now the judges will have to decide by their own competence ff and in how far they are able to execute the mandate. With any remainder the politicians wUI have to manage someh... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 24,300 | 24,800 |
means my purpose to defend National Socialist criminal law, but honesty compels me to say that this is an error. The Third Reich has-as mentioned before-issued three laws increasing the penalty for an action with retroactive effect by applying the death penalty to acts which carried, when committed, prison sentences on... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 24,750 | 25,250 |
for committing a crime against life is punishable. According to Article 49b he is punishable for a crime of preparing a killing even if the intended action failed to take place. In a certain sense Article 129 can also be applied here. Participation in an association pursuing certain aims hostile to the state is punisha... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 25,200 | 25,700 |
crimes against peace, the law of war, or humanity are responsible for all actions committed by any partner while executing such a plan. This is fundamentally quite another thing from the case mentioned in (1). It does not mean punishment of the crime of conspiracy, but responsibility for the individual act of another c... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 25,650 | 26,150 |
the issue depends on the special circumstances of the case. Let us, for instance, go back to the example, quoted by Mr. Justice Jackson, of the three robbers, one of whom kills the victim. Considering the nature of American gangsterism, it would appear quite normal that the individual gangsters concerned bore in mind t... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 26,100 | 26,600 |
law. The Charter does not mention anything of the sort; after all, the common plan, in the execution of which the act was perpetrated, was common only to those who were members at that time. Even if one takes the act of joining the conspiracy to be an approval of any acts so far committed, the approval of a crime alrea... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 26,550 | 27,050 |
today are charged with having conspired with him. The hearing of evidence repeatedly mentions conspiracies, but conspiracies against Hitler. From a psychological point of view it is, to say the least, highly improbable that the score of survivors of the Third Reich selected and put in the dock by the Prosecution should... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 27,000 | 27,500 |
to the outbreak of war. He was at that time Hitler's confidant and friend, the country's second string, and he is now the chief figure among the defendants. If there had been, in truth, a conspiracy to launch wars of aggression at that time, then he would have taken second place within such a conspiracy, yet it was act... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-First Day | 27,450 | 27,782 |
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-Second Day | 0 | 500 |
the course of government business. This opinion is wrong and is based on ignorance of the importance of his position. It meant that according to rank Goering was the second man in the State. This rank was due to the fact that Hitler, in the fall of 1934, had made a will and by a secret Fuehrer order had appointed Goeri... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 450 | 950 |
rearmament was only to give more weight to the voice of Germany. The Weimar Government, which could not even express the self-determination of the Germans after 1918 in the surely very modest form of a German-Austrian customs union, though they advocated this determination themselves, owed the lack of success of their ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 900 | 1,400 |
bitter consequences. 518 5 July 46 Field Marshal Milch also knows from conversations with the Defendant Goering that the latter opposed a war, and that he advised Hitler in vain against a war with Russia. In public the Defendant Goering, in his many speeches since 1933, frequently emphasized how he had his heart set on... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 1,350 | 1,850 |
Forces on the Obersalzberg on 519 5 July 46 22 August 1939, the danger of a war became imminent, Goering immediately-that is, already on the following day-summoned the witness Dahlerus from Sweden and endeavored, passing over the Foreign Office, to reach an agreement with England for the prevention of war on his own re... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 1,800 | 2,300 |
5 July 46 to the League of Nations? Obviously Poland did not want any arbitration regarding Danzig and the Corridor. The utterance of the Polish Ambassador, Lipski, to the First Secretary of the British Embassy, Mr. Forbes, which was stated by the witness Dahlerus, is even greater proof of the unwillingness of Poland t... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 2,250 | 2,750 |
these occasions Hitler solely and one-sidedly made known his own opinion about 521 5 July 46 military and political questions. The participants were only informed of what possible political developments Hitler expected. The participants were never asked for their opinion nor had they even any possibility to express the... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 2,700 | 3,200 |
known. Especially, 522 5 July 46 economic warfare was not considered at all. Due to this gap, there is no international law which has been generally recognized for economic warfare. Therefore the old statement of Hugo Grotius that everything is permitted in war (God ad Anew belli necessarium est) applies to economic wa... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 3,150 | 3,650 |
should be taken away from a party at sea who would not be allowed to touch similar goods belonging to the other party on land? 523 5 July 46 According to established international law, the principle applies now as before that private property is actually inviolable during war. This principle suffers exception only inso... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 3,600 | 4,100 |
principles established in the preamble to the Convention concerning the Rules and Customs of 524 5 July 46 Land Warfare, dated 18 October 1907, as they result from the customs existing among civilized nations, from the laws of humanity, and from the demands of public conscience, were strictly observed. A renunciation o... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 4,050 | 4,550 |
must not overlook one thing. This war was of such bitterness, such proportions, such duration and totality as the creators 525 5 July 46 of the Hague Convention certainly never had or could have even remotely imagined. It was a war in which nations fought for life or death. It was a war in which all values had changed.... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 4,500 | 5,000 |
ultimate peace treaty. Whether the Reich Government was juridically entitled to confiscate the goods and to become their owner is a moot question. A solution of the question is no longer necessary, because Goering acted in good faith in the matter of this acquisition. In his testimony he 526 5 July 46 emphasized his be... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 4,950 | 5,450 |
was as follows: At this general conference on 25 March 1944 Himmler reported the escape of the 76 officers to the Fuehrer. For this Hitler severely reprimanded Field Marshal Keitel. He considered the event a great danger to public security, since the escaped officers might assist the 6 million foreigners in Germany in ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 5,400 | 5,900 |
Muller or, as the case may be, to Nebe. Not only did Reich Marshal Goering remonstrate with Himmler because he had executed the order without informing Goering, but also raised the most vigorous protest against this measure in a subsequent interview with Hitler. This resulted in heated controversies between Goering and... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 5,850 | 6,350 |
placed in the midst of themes which deal with matters of an entirely different nature and has no point in this connection. Besides, Goering, had he approved and wished it, could himself have immediately issued such an order without further ado, as he knew the Fuehrer's attitude on this point The decisive fact is that t... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 6,300 | 6,800 |
can, therefore, only be made use of to the detriment of the parties implicated when the content matter is confirmed by other material brought for evidence from sources other than these minutes. In the present case there is no confirmation from other evidence that Goering actually made the statement contained in Item 20... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 6,750 | 7,250 |
effect. Early in June 1944 General Korten informed this witness of the fact that the Fuehrer intended to decree an order to the effect that terrorist aviators were to be surrendered to public fury. In the course of repeated conversations the witness Holler and General Korten arrived at the opinion that the conception o... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 7,200 | 7,700 |
necessary. Where it is stated in a subsequent document of 26 June 1944, "The Reich Marshal agrees with the formulation as communicated defining the concept of terrorist aviators and with the suggested procedure," such agreement with the procedure refers exclusively to the procedure of publication suggested in the final... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 7,650 | 8,150 |
Prussian Minister of the Interior and soon afterward as Prussian Prime Minister, in order to suppress all opposition against the Nazi program. In order to carry out his plans he had used the Prussian police, which he had ordered as early as February 1933 to protect the new government by proceeding ruthlessly against al... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 8,100 | 8,600 |
after the assumption of power in order to protect the new state against attacks which threatened it, in particular from the very strong Communist Party. In order to make clear that this department of the police was charged exclusively with safeguarding the state against enemies of the state it was named "Secret State P... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 8,550 | 9,050 |
against the Government had already been committed or was obviously on the verge of being committed. The fact of membership in itself and previous activity in that party was sufficient to warrant arrest as a political act of self-protection on the part of the Government. Such considerations very soon after the assumptio... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 9,000 | 9,500 |
such a community. In handling enemies of the people not only legal principles were applied, but also the viewpoint of the necessities of state. Since it was an act of political expediency, the Defendant Goering could decide in some eases on his own responsibility that there was no necessity for further confinement and ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 9,450 | 9,950 |
Communist leader Thalmann personally to report to him about his complaints in the concentration camp and took care to have them remedied. He dissolved the so-called "wild" camps of Stettin and Breslau, punished the Gauleiter of Pomerania who had organized this camp without his knowledge and against his will, and had th... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 9,900 | 10,400 |
and was kept secret in a masterly manner until it was disclosed after the collapse as the horror of Auschwitz and Maidanek. This brings me to the Jewish question. The Defendant Goering has explained in detail his views on the Jewish question during his interrogation as witness; furthermore, he has shown in all detail t... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 10,350 | 10,850 |
the war. He never would have approved such a measure and would have opposed it with all his might. For he had too much political insight not to recognize the tremendous and at the same time senseless dangers which would perforce result for the German people from such a brutal and horrible act of extermination. Goering ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 10,800 | 11,300 |
a few days ago. However, this matter is not very long. The interpreters have a copy. I shall begin with this report now. A detailed opinion has still to be given on the Katyn case, in which the taking of evidence was concluded only a few days back. The Russian Prosecution based their indictment on the findings of an in... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 11,250 | 11,750 |
little castle. Special facts which would incriminate Hodt or Bedenck cannot be derived from the document which has been submitted, and such facts have not been presented here. Therefore, it is not proved that Bedenck and Hodt could be considered as perpetrators. The following circumstances contradict the theory that Un... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 11,700 | 12,200 |
quarters, this site was quite unsuitable for such a misdeed. As I have already stated, there was lively traffic not only on the near-by road, but also in the direct vicinity of the graves which were near a small road connecting the regimental headquarters with the main road. The executions could also have been observed... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 12,150 | 12,650 |
this connection. The expert opinion obtained by the German Government was given by 12 members of a commission of leading representatives of legal medicine from European universities, while the expert opinion referred to by the Prosecution was deposed by a group of Russian experts only. The first expert opinion should b... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 12,600 | 13,100 |
protocol or whatever it is called, is that right? That, I take it, is not a very long document, is it? DR. STAHMER: No, MR. President. May I explain again. I am sorry but I have not received the transcript of the session. Therefore, I do not know just what is contained in this protocol; but I do recall-and one of my co... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 13,050 | 13,550 |
not lodge an immediate protest and refuse to sign it or why he did not at a later date at least acquaint the other experts who participated with his true scientific conviction. Through this testimony the German experts' opinion cannot lose its weight and become weakened, especially since the other 11 experts obviously ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 13,500 | 14,000 |
545 5 July 46 Afternoon Session DR. STAHMER: I come now to the summary. In reviewing the personality and life of the Defendant Goering, the following points must be considered for the appreciation of his actions: Provided at home with a good educational background and training in character, he was moulded decisively as... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 13,950 | 14,450 |
the Germans his followers. Goering firmly believed that salvation could come only through Hitler. He recognized in him the born national leader who knew how to influence and to guide the masses and whose hypnotic will power shrank before no obstacle. He realized that under a democratic constitution only sum a man of de... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 14,400 | 14,900 |
Had Hitler afterwards observed loyally 547 5 July 46 the Munich Agreement, then he would probably have stayed the arguments for the "stop" policy which was initiated against him. Not only would peace have been maintained, but Hitler could also have harvested the fruits of his domestic and foreign policy pursued until t... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 14,850 | 15,350 |
from the standpoint of the purely German legal conception probably considerably different from that of other nations or even the world. For the latter, for example, were hardly interested in the maintenance of the Weimar constitution and the basic rights granted by it to the individual German. Its violation, therefore,... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 15,300 | 15,800 |
excusing Hitler again and again. To many this may appear incomprehensible, and many may see in it a sign more of weakness than of strength. But this loyalty reveals his whole personality. Goering has occasionally been described as a late Renaissance type; and there is something in that. Although of high intelligence, h... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 15,750 | 16,250 |
repentance which many would have liked to see in him. He thereby remains loyal to himself as well. And this completes the picture of his character. In a period still threatened by chaos, in which men are again searching for a firm foundation for life, the positive value of such loyalty should not be ignored. THE PRESID... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 16,200 | 16,700 |
a legal document or not. We do not propose to listen to your contending that the Versailles Treaty is not a legal document. There are plenty of matters which are of material moment for your client which you have to discuss before us, but that is not one of them. DR. SEIDL: Mr. President, I cannot leave the Tribunal ign... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 16,650 | 17,150 |
the armistice, he fought with various volunteer corps. But in 1919, after the conclusion of the Versailles Peace Treaty, he had to recognize that the victors did not really desire a peace based on justice and a corresponding adjustment of interests. As could be expected, the terms of the Peace Treaty of Versailles, and... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 17,100 | 17,600 |
all. But as I said, if you make arguments that the Treaty of Versailles is illegal or unjust, the Tribunal will not hear you. DR. SEIDL: I shall continue, and I ask you, Mr. President, since I do not know the exact limits which I may not transgress, to interrupt me if I should again touch upon a subject which in the op... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 17,550 | 18,050 |
Versailles was unfair and that the victorious powers had failed to recognize the essential justice of Germany's case or something of that sort. If you can't adjust your speech to what I have laid down, we shall have to ask you to recast the whole speech. DR. SEIDL: Then I shall turn to Page 11, second paragraph. No, I ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 18,000 | 18,500 |
such an upheaval. It is by no means concluded as yet. To select isolated events in order to submit them to a judicial appraisal is not only almost impossible but entails the danger of a premature judgment. Let us make no mistake about it; we are not judging here a local crisis the causes of which are limited to a certa... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 18,450 | 18,950 |
international game of power was successfully accomplished when he concluded the Naval Agreement between Germany and England in 1935. The circumstances under which this treaty came into existence are as significant for the political problems of those years as they are characteristic for judging the personality of Von Ri... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 18,900 | 19,400 |
Simultaneously with all these factors a generally favorable political atmosphere was created. The Naval Agreement and its effects may also have been the reason for Hitler to appoint Herr Von Ribbentrop Ambassador to the Court of St. James the following year, after the death of Hoesch. However surprisingly fast Herr Von... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 19,350 | 19,850 |
London as Ambassador. The answer to this will best be furnished by Document TC-75, which contains the views of Herr Von Ribbentrop on the then prevailing foreign political situation of Germany and on the future possibilities of German-British relations. In this, Herr Von Ribbentrop presupposes that Germany does not wan... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 19,800 | 20,300 |
he explained to Lord Halifax the necessity of solving these questions and said that they were an integral part of German foreign politics. He also clearly expounded these goals to the French Minister Bonnet. Herr Von Ribbentrop therefore put his energy into the attainment of goals which were known and which beyond that... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 20,250 | 20,750 |
after clarifying this aspect, present the role of Herr Von Ribbentrop within the alleged conspiracy for the plotting of wars and acts of aggression in violation of treaties. Herr Von Ribbentrop had not been Foreign Minister for 10 days when he was called upon by Hitler to participate in the conference with the Austrian... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 20,700 | 21,200 |
the Weimar state their spiritual offspring. The economic distress resulting from the destruction of the Danube area as an economic entity nurtured the thought of a union with the Reich, which was in a better economic position. In this fertile soil the National Socialists were able to cultivate the Anschluss idea. In an... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 21,150 | 21,650 |
of the adaption of the law to the strength of bare facts. An Englishman once asserted the following: "We have to face the stubborn fact that Central Europe is populated by an almost solid block of 80 million people who are highly gifted, highly organized, and who are conscious of these achievements in the highest degre... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 21,600 | 22,100 |
with reference to foreign policy. The situation was again complicated only by Hitler's invitation to Hacha to come to Berlin and by the events resulting from this visit. This step with its far-reaching importance came as a complete surprise to Herr Von Ribbentrop. Reich Marshal Goering has testified that after the Slov... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 22,050 | 22,550 |
in the form of documentary evidence, a review of the Polish crisis which then developed. I can therefore assume that the actual course of events is known, including the incorporation of the Memelland which returned to the Reich through an agreement with Lithuania. In order not to take up the time of the Tribunal unnece... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 22,500 | 23,000 |
from them, that at best a critic judging retrospectively could recognize such intentions. Besides, the contents of these documents, in accordance with the strict regulations for secrecy, became known only to those who took part in the conferences. This might explain why Herr Von Ribbentrop learned about them only here ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 22,950 | 23,450 |
1939, did all he possibly could to prevent peace with Poland, although he knew that a war with Poland would draw Great Britain and France into the conflict. The Prosecution base this statement on Document TC-73. This is a report by the Polish Ambassador to Berlin, Lipski, to his Foreign Minister. The document contains ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 23,400 | 23,900 |
good services of England ended with the breaking-off of all mediation without having been able to bring Poland to the conference table. Herr Von Ribbentrop has been blamed for having practically defeated the purpose of the last decisive discussion with the British Ambassador, Henderson, by having read the German propos... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 23,850 | 24,350 |
strengthen the League of Nations meant a new bulwark for the maintenance of the status quo. Under cover of the elegant diction of juridical formalities power politics continued. Besides, the obsession by the idea of securite soon deprived the newly-created body of any breath of freshness and life. In this fashion, natu... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 24,300 | 24,800 |
were too high for one generation, the revolutionary essence too strong. The initial successes were startling, but they also resulted in lack of criticism as to the methods and aims. The process of uniting all larger German groups in the Central European space would most probably have succeeded, if at the end-I am refer... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 24,750 | 25,250 |
one or the other of the statesmen, even though such mistakes were made without doubt. Actually the war came about as an inevitable result of the development of international economic and political forces based on modern monopolistic capitalism."* Professor Jahrreiss has already fully explained, in his basic arguments c... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 25,200 | 25,700 |
rules of international law are regarded as binding components of German Reich law. Owing to the differing legal appreciation of the Kellogg Pact on the part of the Great Powers the interpretation advanced by the Prosecution cannot be looked upon as German Reich law. C£. Reich Supreme Court Decisions in Litigation Proc... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 25,650 | 26,150 |
must earnestly request the Tribunal to protect us from letting this suggestion, made to and granted by the Tribunal at the time, become our own pitfall in that a resolution which has been made is interpreted too strictly. I do not have the resolution before me and I do not intend to deal with it and discuss it, but I s... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 26,100 | 26,600 |
in such an important matter a speaker has dealt with this question, although in a sense which possibly one of the counsel considers entirely improper and harmful to his case, that that counsel is forced to keep silent on such a matter? That cannot have been the intention of the Tribunal. Well, all I wanted to say was t... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 26,550 | 27,050 |
any other counsel. That is all that I need to say, I think, at this stage; and as it is now 5 o'clock the Tribunal will adjourn. [The Tribunal adjourned until 8 July 1946 at 1000 hours.] 574 Previous Day Volume 17 Menu Next Day Nuremberg Trials Page Avalon Home Document Collections Ancient 4000bce - 399 Medieval 400 - ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Second Day | 27,000 | 27,135 |
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-Third Day | 0 | 500 |
Geneva Protocol, which was meant to supplement the Covenant inadequacies concerning the question of the settlement of disputes, also transferred to the League of Nations Council the decision of determining who had violated the agreement and was therefore the aggressor. All other attempts to outlaw war and settle confli... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 450 | 950 |
1933 may offer valuable characteristics for establishing the aggressor, but one does not get around the fact that a formal legal definition shows the impossibility of doing justice to all actual political cases. With the attempt to set down a new regulation for creating order in the world in the Charter of the United N... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 900 | 1,400 |
really have had the opinion in 1939 that his acts, measured by traditional diplomatic technique, would be considered as a crime punishable by international law? I have already pointed out that generally, and therefore also by Herr Von Ribbentrop, the then existing frontier line in the East was considered untenable in t... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 1,350 | 1,850 |
shown by the evidence, it became more and more clear in the course of political evolution that sooner or later solutions of some kind had to be sought. Both the statute of the Free City of Danzig, which was in contradiction with ethnological, cultural, and economic facts, and the isolation of East Prussia through the c... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 1,800 | 2,300 |
Britain and France, the conflict in Eastern Europe grew into a European one, inevitably followed by the universal war. The entry in the war of the powers mentioned took place according to the form provided by the Third Hague Convention concerning the opening of hostilities, that is, an ultimatum with a conditional decl... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 2,250 | 2,750 |
Presuming that this information was true, he could justly assume that the German Reich behaved in the intended action quite in accordance with international law. I leave more detailed argument concerning this point of law to my colleague, Dr. Siemers, well conversant with this point, whose client, Grossadmiral Raeder, ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 2,700 | 3,200 |
rights and duties of neutral powers and persons in case of war on land. The Prosecution overlook that this treaty does not refer to drawing a neutral into a war between other powers but deals only with the rights and duties of neutrals and belligerents as long as a state of neutrality exists. The Prosecution have made ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 3,150 | 3,650 |
the Treaty of Versailles to give up the rights given to her by the London Agreement of 1867. When, on 24 March 1941, the Yugoslav Government joined the Tripartite Pact, Herr Von Ribbentrop could not, in the light of the available news, assume that a few days later a military intervention by Germany in the Balkans would... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 3,600 | 4,100 |
Germany that the maintenance of friendly relations with Russia must always be the goal of our foreign policy. For the traditional reasons just mentioned, Herr Von Ribbentrop at that time considered these pacts a strong pillar of German foreign policy. Because of this opinion, in the winter of 1940 he invited the Foreig... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 4,050 | 4,550 |
the German-Russian line of interests. Is it really to be assumed that such conduct by the Soviet Union is in agreement with the Non-Aggression Pact? Around that time the danger of a spreading of the European war into a world war began to loom more and more threateningly. The United States entered the arena of war under... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 4,500 | 5,000 |
had a character obviously hostile to the Axis Powers and left them in no doubt that the United States espoused the cause of the other side. There followed the incidents on the high seas which, as the evidence has shown, can be credited to the account of the material support of Great Britain by the United States. By occ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 4,950 | 5,450 |
shall see that even so the conclusions drawn by the Prosecution cannot 586 8 July 46 be upheld. Assuming that an individual minister were criminally responsible for the nonfunctioning of a series of treaties, even the Prosecution would have to put the question whether the minister was actually in a position to obtain t... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 5,400 | 5,900 |
arbitration and conciliation with Poland, Czechoslovakia, and Belgium, concluded in connection with the Locarno Treaty, the further point applies, quite apart from the legal argument just mentioned, that they and the Western pact 587 8 July 46 form a political unit. Even externally, this is expressed in the fact that t... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 5,850 | 6,350 |
This conception is illustrated by a number of examples such as deportation, shooting of hostages, et cetera. But these examples fail to complete this conception in full. We are therefore obliged, in the same way as with Article 6(a), 588 8 July 46 to propose to the Court a qualification which it can use as a basis for ... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 6,300 | 6,800 |
to the outbreak of war, for the examination and judging of which a special international political court was to be created. The customary conception is therefore that a minister cannot be held responsible for violations of the jus In hello. The Prosecution can achieve this only by going the roundabout way via a conspir... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 6,750 | 7,250 |
not one word was mentioned about the massacre of Jews in that particular conference, the less so, since there was no reason for it at all. I beg the Tribunal to base their decision regarding charges of War Crimes and Crimes against Humanity raised against Herr Von Ribbentrop, on the general attitude of the accused with... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 7,200 | 7,700 |
conduct of the air warfare of the Western Powers that, according to established and traditional conceptions in armed conflict between nations, attacks on the civilian population are prohibited. This thought is not only expressed in the Hague Convention concerning land warfare but constitutes a binding stipulation of ge... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 7,650 | 8,150 |
commit a crime. A further prerequisite is that the mutual plan leads to the perpetration of a definite punishable offense. The Charter proceeds from this form of participation in a crime in declaring punishable all offenses stated in Paragraph 6, assuming the existence of a conspiracy or a common plan, as a special for... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 8,100 | 8,600 |
at a time during which the German Reich and its opponents confronted one another first in peace and then in war on the stage of international relations. An example taken from the sphere of common criminal law as practiced inside a country is not suitable to convey a plastic representation of a conspiracy of an entire s... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 8,550 | 9,050 |
aim, compresses into a subsequently fabricated unity a number of actions and individuals, chosen at random, which have nothing at all to do with one another. If one followed the Charter and the Indictment, the result-wholly alien to any actual and legal thought-would be that Herr Von Ribbentrop, while personally and ac... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 9,000 | 9,500 |
now. [A recess was taken.] DR. HORN: With permission of the Tribunal, I shall continue on Page 79 of my final plea. The point of view just mentioned applies particularly to Herr Von Ribbentrop. Not only did the military conduct of war have nothing to do with his department; but he was, as was proved by evidence, expres... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 9,450 | 9,950 |
he emphasized that Herr Von Ribbentrop had had to handle foreign policy for years according to Hitler's political directives. Herr Von Ribbentrop, therefore, did not hold the position of a minister as understood by modern political constitutions. As shown in the above-mentioned speech, he did not hold it either in fact... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 9,900 | 10,400 |
in the hands of the Fuehrer, who made use of them separately through his plenipotentiaries. The constitutional jurisprudence of the Third Reich designated this as change from the actual to the functional division of power. The individual minister, after this change had taken place, did not act any longer on his own res... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 10,350 | 10,850 |
application of a law that was made in the regular way provided for by the constitution may not be refused by any office of the state. Examination even by courts of law is limited to the question of determining whether the way laid down by the constitution has been followed. This is also the case in Great Britain and th... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 10,800 | 11,300 |
a secretary for foreign affairs but not for a Foreign Minister. This development in the practice of constitution and government can hardly be reconciled with the thought of a Common Plan or Conspiracy. The conspiracy demands, as we have seen, a unanimity or correspondence in aims in which the participants form their wi... | Yale Avalon (proceedings_vol17): One Hundred and Seventy-Third Day | 11,250 | 11,750 |
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