dtufail/nuremberg-trials-corpus huggingface dataset:
defendant Oswald Pohl is also accused in the indictment of responsibility for and participation in the so-called final solution of the Jewish question. The evidence in Case No. 1 against Hermann Goering and others before the International Military Tribunal showed that the order for the extermination of the Jews was given as early as the summer of 1941, that is to say, at a time when the WVHA had no connection, administratively or otherwise, with the camps where these measures were carried out. But the evidence before the International Military Tribunal has also shown that there were special agencies and persons who were charged with the execution of this order, as for instance the office IV B of the Reich Security Main Office under SS Obersturmbannfuehrer Eichmann and SS Gruppenfuehrer Globocnik, who had no connection, administratively or otherwise, with the WVHA, and all of whom received their orders immediately from Reich Leader SS Himmler, all necessary measures having been taken to guarantee the greatest possible secrecy. In this connection I refer to the statements of the witnesses Wislizeny , Hoess, and Morgen before the International Military Tribunal . It may be pointed out also, even now that the extermination camps Treblinka, Belsec, Majdanek, and others did not belong into the domain of the Inspectorate of the Concentration Camps, and therefore even after 3 March 1942 were not subordinated to the defendant Oswald Pohl, not even nominally or administratively. I also should like to add that the WVHA, as directed by the defendant Pohl, was only an administrative office which had no executive organs whatsoever, and that an immediate participation in a number of acts which constitute the object of the indictment, would appear impossible if it were for that reason only. 8. Extensive evidence was submitted by the prosecution in connection with the Action Reinhardt. Several agencies were in charge of the execution of this action, among them the Higher SS and Police Leader East and the SS and Police Leader Globocnik. The WVHA as such had at first nothing to do with this matter. It was brought into it only when the action was approaching its end, and certain enterprises near Lublin had to be taken over by the WVHA and, beside the audit of the received
the Higher SS and Police Leader East and the SS and Police Leader Globocnik. The WVHA as such had at first nothing to do with this matter. It was brought into it only when the action was approaching its end, and certain enterprises near Lublin had to be taken over by the WVHA and, beside the audit of the received assets, negotiations with several other Supreme Reich Offices as for instance the Reich Finance Ministry and the Reich Bank, had to be conducted for the purpose of assuming title to these assets. It will be the object of the evidence of the defense to establish in detail the participation of the defendant Oswald Pohl in the wind up of this action and to examine the legal aspects resulting in this connection. 9. The prosecution also submitted extensive evidence in order to prove a participation of the defendant Oswald Pohl in the measures which led to the obliteration of the Warsaw ghetto. The evidence of the prosecution proves that the establishment of the Warsaw ghetto and its transformation into a concentration camp was in the first place the task of the Higher SS and Police Leader East. The documents submitted by the prosecution show, moreover, that the obliteration of the Warsaw ghetto was carried out by the director of the Reich Leader SS Himmler under the military supervision of the Higher SS and Police Leader East by the SS and Police Leader Warsaw, Juergen Stroop, who also submitted an extensive report on it. In this connection it should also be mentioned that in the proceedings before the International Military Tribunal the prosecution made an effort to hold the former Governor General Hans Frank directly responsible for the obliteration of the Warsaw ghetto, although the correspondence submitted now in this trial indisputably shows that neither the administration of the Government General nor the Governor General himself had anything to do with it, but that the obliteration of the Warsaw ghetto was an action which was carried out exclusively by the Security Police and the SD under the military direction of the competent local SS and police leaders, and with which neither the administration of the Government General nor that of the WVHA had anything to do. The defense will consider it its
ghetto was an action which was carried out exclusively by the Security Police and the SD under the military direction of the competent local SS and police leaders, and with which neither the administration of the Government General nor that of the WVHA had anything to do. The defense will consider it its task to ascertain by questioning the defendant Oswald Pohl himself whether the Reich Leader SS informed him in advance of the existing intentions and plans and whether his position within the organization of the SS would have given him the possibility or power to prevent the obliteration. 10. The defendant Oswald Pohl moreover is accused of being particularly responsible for the execution of the so-called euthanasia program in the concentration camps. This program, which was executed in the concentration camps under designation "14 f 13", was initiated by a decree of Hitler of 1 September 1939. In this decree Reich Leader [Reichsleiter] Bouhler and the 'later Reich Commissioner for Public Health, Dr. Karl Brandt, were ordered "under their responsibility, to extend the authority of physicians to be appointed individually, in a manner that patients who, to the best of human knowledge, are incurable, can be granted the euthanasia, the prerequisite being a most discerning evaluation of their condition." The evidence in the proceedings before Military Tribunal I has shown that this program was discontinued again in autumn 1941, due to numerous letters of protest, above all from dignitaries of the churches. The rest of evidence submitted by the defense in this trial deals with the period before 3 March 1942, that is, a period in which the concentration camps were not yet included as Amtsgruppe D in the WVHA with a time limit for the duration of the war and with a view to the fulfillment of certain tasks in connection with the labor supply and the conduct of the war. It will be the task of the defense to ascertain in detail whether and what the defendant Oswald Pohl learned about the measures connected with this count of the indictment . Count Four-Membership in Criminal Organizations In this count the defendant Oswald Pohl is accused of membership in the SS, which has been declared a criminal organization by
in detail whether and what the defendant Oswald Pohl learned about the measures connected with this count of the indictment . Count Four-Membership in Criminal Organizations In this count the defendant Oswald Pohl is accused of membership in the SS, which has been declared a criminal organization by verdict of the International Military Tribunal . In the presentation of evidence on this count, opportunity will be given to observe the career of the defendant, and to show the reasons which induced him as a paymaster official in the navy, to become a member of the National Socialist Party, and what circumstances led him to leave the navy in 1934 and to take over a high office for the purpose of building up the SS administration. Your Honor, I would like to add at this time that the main point of defense in the case of Oswald Pohl is based on the examination of the defendant Oswald Pohl himself at the witness stand. That, furthermore, I would like to start presentation of evidence in the examination of the defendant Oswald Pohl, and I would also like to call a few other witnesses with permission of this Tribunal after his C. Opening Statement for Defendant Georg Loerner (10) LEGAL ASPECTS D. HAENSEL: I consider it my duty to show you in a few brief words the trend to be adhered to in the defense of Georg Loerner. The greatest essayist, Lord Macaulay was of the opinion that the history of the world was a trial, in which the past is brought to trial before the present. The Nuernberg trials, beginning with the war crimes trial before the International Military Tribunal , are not intended to be trials in this sense, but real criminal proceedings, because they sentence people to punishment. The proceedings and the manner in which the law is applied, should therefore be no different from that of a normal case, where the particular deed of one or several people is to be judged by the laws recognized as legally binding for all. "Some 20 broken men are sitting in the dock", said Robert H. Jackson, Chief Prosecutor for the United States in his opening speech on 21 November 1945. "Taken individually, their fate is of little account. But as the defendants represent the evil forces which for a long time to
recognized as legally binding for all. "Some 20 broken men are sitting in the dock", said Robert H. Jackson, Chief Prosecutor for the United States in his opening speech on 21 November 1945. "Taken individually, their fate is of little account. But as the defendants represent the evil forces which for a long time to come will linger in the world, even when they have become dust, this trial is therefore of much importance." As in the case of the IMT trial , the following results from the reasons and the evidence submitted by the prosecution: More has been submitted than is perhaps necessary for a direct basis for a verdict of guilt for the individual defendants, because the "evil forces" are behind the defendants, and their ominous actions must be revealed and rendered harmless together with the defendants. In the IMT trial the prosecution accused Rosenberg, for instance of breeding a false ideology in the people by his kind of philosophy which had psychologically prepared them for aggressive war. Therefore the defense wanted to develop all this pseudo-philosophy and systematically to justify it as neo-romanticism, as a so-called modern sprout on the tree of knowledge. Lord Justice Lawrence rejected these attempts by declaring that Rosenberg was not brought before the court for his ideas, but because of his deeds, not because of his doctrine, but for its practical application. Thus the judge averted the danger, which was to be found in the reasons for the indictment of the first trial, and which has again become almost more clearly discernible in this trial. This danger lies in the fact that a judgment of history is formed by the prosecution in this particular case versus Pohl and others, a judgment on events which have become historical, pronounced by means of criminal proceeding against individuals. But both trials are on quite a different level and should be kept apart, otherwise the criminal case becomes a showcase, one not in the sense of consciously defeating the ends of the law, but in the sense of a verdict which has jurisdiction over the body and soul of certain persons, but which aims at the impersonal factors, such as the "evil forces", quoted by Robert H. Jackson. The difference between this historical
one not in the sense of consciously defeating the ends of the law, but in the sense of a verdict which has jurisdiction over the body and soul of certain persons, but which aims at the impersonal factors, such as the "evil forces", quoted by Robert H. Jackson. The difference between this historical trial and criminal proceedings is the fact that those people thus acting are held responsible to history for the evil forces operating through them; whereas in criminal proceedings, circumstances permitting, such "evil forces" can lessen or even exclude the responsibility. The prosecution endeavors to prove the enormous guilt of the defendants, by presenting for instance all the horror-evoking events, connected with the concentration camps. The task of the defense as opposed to this is summarized in a brief sentence: It must not attempt only to justify these horrible events as such, but merely to discuss to what extent the consciously responsible guilty behavior of the defendants contributed to these events. The extent and the number of the victims is of decisive importance for the historical method of approach. On closer and more penetrating consideration the following apparently strange result ensues for the individual whose particular share in the guilt is to be determined here. The individual guilt does not increase in any mathematical progression with the number of victims mentioned in this trial. One murder suffices to have a person's life legally delivered to the executioner. But if one speaks of the murder of millions of people, forces are set in motion, and conceptions are aroused in us, which suddenly overshadow the individual guilt, and remind us that evil forces and a destiny exist which surpass the power of the individual, and into which we are all forced. In the opening speech on 8 April 1947, one of the prosecution cried (German Tr. p. 55) "It is literally impossible to comprehend the enormity of the crimes committed in Auschwitz, Treblinka, and Majdanek etc." Certainly this is correct, but the prosecutor failed to see that in doing so he had wandered from the prosecution's sphere of arguments to that of the defense. These events can no longer be understood, by any of us. But did the defendants understand them?
Auschwitz, Treblinka, and Majdanek etc." Certainly this is correct, but the prosecutor failed to see that in doing so he had wandered from the prosecution's sphere of arguments to that of the defense. These events can no longer be understood, by any of us. But did the defendants understand them? Did the defendant whom I represent understand them or could he understand them? Could he have been so involved as to be made personally coresponsible? Posterity working on a psychological basis will confirm with great interest that the prosecutor did not add any legal argument to the phrase just quoted by me, for one cannot add to it, but continued, "We will show a film in this respect in support of the Tribunal which shows the warehouses of these death camps filled with clothes, shoes, spectacles, and bales of human hair." The logic is simply disconnected. The ratio, the power of consideration fails, and we can only have recourse to this series of apocalyptical pictures which were burnt into our memory. I shall never forget the shorn human hair mentioned above, and the individual features of the victims, who in the suffering they have overcome, already attain what we imagine to be transcendental sublime greatness, completely raised above this valley of misery. But I was never far distant from the bridge which led from the hell of these events to that, may I say, bourgeois narrow mindedness of my client the defendant, who went to his work in the morning, to lunch at noon, and in the evening to his family, to wife and children; and who was absolutely incapable of having such a vision or the idea of such a vision. I am, however, fortunate to be able to refer not only to the judgments of eminent former courts, but from the reasons for the verdict in the Milch Case (case No. 2) we know the principles upon which the High Tribunal, which will pass judgment in this case, based its decision in the Milch case and will, therefore, presumably do the same in the present case. I take it from this judgment that for us it is a matter of proving that the defendant did not give orders to commit crimes against the laws of war, against humanity, that he did not originate these crimes; that he had no knowledge of such acts, knowledge by which he failed to prevent these acts having
case. I take it from this judgment that for us it is a matter of proving that the defendant did not give orders to commit crimes against the laws of war, against humanity, that he did not originate these crimes; that he had no knowledge of such acts, knowledge by which he failed to prevent these acts having the power to do so. This is my aim. If you want to make the acquaintance of the personality of Georg Loerner then you will enter the simple, bourgeois, German atmosphere. Georg Loerner was nineteen years old when he fought in the First World War. He was severely injured, and it took a few years in order to learn how to walk again. He had a severe injury in the joint of his knees. His father was a locksmith. The business however, turned into a small factory. That is the picture of his German life at that time, suddenly again slowed down through the time after the war, the inflation. Georg Loerner and his brother, Hans, were unable to carry on their business as a result of the inflation and the deflation, and they became bankrupt. Then they had certain bourgeois demands, and it was impossible for them to carry on in their business, and there was one thing left for them: the SS the SS which was increasing its membership at that time, and which tried to obtain organizers in its ranks. It used people who appeared reliable and efficient, and it tried to get such people into its administrative organization in order to put them to a good use. That is how Georg Loerner began, and he went along, and he grew along, and he rose along in the ever increasing Waffen SS, and finally an organizational genius like Pohl gave him a position and a future in the newly created WVHA as office head (Amtschef). We shall have to explain that a man like Loerner did not know anything about the things which took place within the inflationally built up structure of the WVHA, this main office which had been newly organized, and that he only knew of the things that happened to a very small extent. The organization which had been established was organized in such a way that no one could see further than the particular task he was assigned to. When we think quietly about all these things, we hall always think of the criminal concepts of Hitler's with horror. However, his
to a very small extent. The organization which had been established was organized in such a way that no one could see further than the particular task he was assigned to. When we think quietly about all these things, we hall always think of the criminal concepts of Hitler's with horror. However, his organizational ability cannot be doubted. This art of organizing had its effects on the men who were working under him, of whom Pohl is one. We have to discuss a number of detailed points on the subject. My colleagues have already, for their individual clients, given a resume of the various 521 documents which have been submitted by the prosecution with reference to these defendants. Now, I, on my part also, want to make another statement. That is, I want to give an approximate idea of the monstrous amount of work which was being carried out within this giant complex of the WVHA. We would not only have to present the 21 volumes which we have here, but one thousand volumes in order to give an average of the working time there; we could see then, that the conditions which prevailed in the concentration camps could not come to the knowledge of an active office head like Georg Loerner because he had so much work to do within his own field of work that he could not possibly see into these things which he was not directly concerned with. Therefore, on the one hand, I shall try to describe to you just what the field of work of such a man included and then I shall have to show just how he tried to perform this work, and furthermore if he had any time left at all to look beyond his small field of responsibility. I shall not deal with the subjects which my colleagues have discussed in detail, above all with the Action Reinhardt, and with surprising lack of knowledge about these incidents. Above all I shall have one subject which perhaps will concern us most intensely, and that is the question of the extent of Georg Loerner's activity as Oswald Pohl's deputy. We believe we will be able to assume that he was only a formal deputy, and I believe that we shall be able to put before the Tribunal decisive material to that effect. In the verdict of the Tribunal in the Erhard Milch Case the old proverb was applied, "Mitgegangen,
activity as Oswald Pohl's deputy. We believe we will be able to assume that he was only a formal deputy, and I believe that we shall be able to put before the Tribunal decisive material to that effect. In the verdict of the Tribunal in the Erhard Milch Case the old proverb was applied, "Mitgegangen, mitgefangen, mitgehangen" which means in English, "Once you're in it, you can't slip out of it with impunity". Georg Loerner was "in it". However, he did not go along with them. In order to remain informed he was perhaps located very far in the background; however, from his position in the background he was not able to overlook the things which took place within the huge field of task of the WVHA. He was completely in the shadow of Oswald Pohl, and even if the shadow may somewhat darken the picture of this man, then it will be our duty to show in our evidence that we can put Georg Loerner into the proper light so that we can again recognize him as he is. The basis of this character is that of a simple, honest man, yes, one could even say that of a "petit bourgeois" whom fate threw into a time which he could not tackle. D. Opening Statement for Defendant Pook (11) DR. RATZ: 1. Defendant Dr. Hermann Pook is a dentist by profession. He was employed as dentist by the office D III of the WVHA (Economic and Administrative Main Office) and is charged in the indictment in his capacity as dentist. In view of the multitude of serious accusations and incriminating evidence compiled by the prosecution against the defendants, the indictment against defendant Hermann Pook appears to be a trifling matter. The indictment contains only one sentence which involves this defendant who is designated as chief dental surgeon of the WVHA, "Defendant Hermann Pook was entrusted with the dental care of concentration camp inmates" and in the opening statement of the prosecution too he is mentioned only in two sentences "Defendant Pook was chief dental surgeon in office D III, all dental surgeons of concentration camps were subordinate to him. One of their tasks was the removal of gold teeth from deceased prisoners", and, "Defendant Pook was chief of the dentists who were supervising the extractions of gold teeth of