dtufail/nuremberg-trials-corpus huggingface dataset:
for the protection of people and state was not a "legal foundation", i.e. a statement of their duties and their activity, but only the confirmation of the fact that the duties which they had already begun to undertake were in accordance with the will of the highest governing body to set things right.
Both the second clause of the law of 18.3.1938 (Reich Law Publication I p. 262) dealing with the re-unification of Austria and the German Reich and the third clause of the decree of the Fuehrer and Reich Chancellor of 22.10.1938 (Reich Law Publication I p. 1453) dealing with the administration of the Sudeten-German territories, served as the desired formal clarification, in the territories newly acquired by the Reich, that the restrictive legal decisions of the past must not stand in the way of the fulfilling by the "police" of their duties in Reich territory. The first paragraph of both these clauses is practically identical and reads:
The Reichsfuehrer SS and Chief of the German Police in the Reich Ministry of the Interior can take the necessary measures for the maintenance of security and order (in the decree of 22.10.1938: administrative measures) even beyond the legal limits otherwise laid down for this purpose.
b. The unwritten "Police" law.
Not only the legal regulations drawn up by the national socialist regime, but also the whole activity of the German police since the year 1933 sanctioned by the highest governing body of the Reich-and partly on its sole instructions-as well as the re-arrangement of the "police" regulations, show that the duty of the "police" is conceived by the government in the sense represented here, and that any other conception of the duty of the "police" can no longer be valid.
body of the Reich-and partly on its sole instructions-as well as the re-arrangement of the "police" regulations, show that the duty of the "police" is conceived by the government in the sense represented here, and that any other conception of the duty of the "police" can no longer be valid.
Thus all legal definitions which are at odds with this must be considered as altered in the sense of this new conception, without formal cancellation or alteration of the individual earlier laws. For the making of laws as a result of popular "voices" working together, of actively operating organizations and of "actively" or "passively" cooperating individuals, for the fulfilling of a definite task-here the task of the "police"-must not be contradictory in itself, or only because an individual law drawn up at an earlier date has not been formally altered, and to which laws at variance with the will of the government remain tied. At an early date this conception became evident in the administration of justice of individual German High Administrative Courts. The High Administrative Court of Saxony has already explained in a decision of 18.1.1935 (published in the Reich Administrative Publication of 1935, p. 117 ff):
According to it (the national socialist conception of state and law), law is not the sum total of the single regulations expressly laid down by the legislator. Legislation is rather only the expression of the ideas of right which are rooted in the people. Not legislation but these ideas of law ("conceptions of right"), according to which laws are formed in steady development, represent "law" In this sense, "law" as common law, i.e. as the orderly way in which the people lives as a community, is recognized as taking precedence over the statutes themselves.
people. Not legislation but these ideas of law ("conceptions of right"), according to which laws are formed in steady development, represent "law" In this sense, "law" as common law, i.e. as the orderly way in which the people lives as a community, is recognized as taking precedence over the statutes themselves.
This means that the orderly or regular way in which the people fulfills the "police" task through its "voices"-organizations and individuals-is "police" law, which takes precedence over statutory law, insofar as this does not reproduce the contents of the "police" law which is valid at the time but which belongs to an earlier date and has meanwhile been altered.
The unwritten "police" law, i.e. law which is not laid down in statutory form, by means of which all "police" action is determined, does not however consist of mere "ideas of law" which are "rooted in the people", but of many sorts of regulations which in different forms-law, order, decree, single command, general command, organizational and competence regulations, etc.-were laid down by the highest governing body of the Reich or with its sanction. The "police" never acts in a lawless or illegal manner so long as it acts according to the rules laid down by its superiors-up to the highest governing body. The High Administrative Court of Hamburg rightly states in its judgment of 19.11.1937 (published in the Juristischen Wochenschrift 1937, p. 3335 f.):
According to its nature, the police must only deal with what the government wants to know is being dealt with.
What the "government" wants to know is being "dealt with" by the police is the essence of "police" law, and is that which guides and restricts the actions of the police. As long as the "police" carries out the will of the government, it is acting legally; should it overstep the will of the government, then it is no longer a matter of "police" action, but it is a case of a breach of duty by a member of the police.
and restricts the actions of the police. As long as the "police" carries out the will of the government, it is acting legally; should it overstep the will of the government, then it is no longer a matter of "police" action, but it is a case of a breach of duty by a member of the police.
Whether the will of the government lays down the "right" rules, i.e. those possible and necessary for police action-thus the "police" law suitable for and beneficial to the people-is no longer a question of law, but a question of fate. For actual misuse of the "right-to-put-right" on the part of a people's government, whether it consist of harmful severity or of harmful weakness, will be punished more surely before history by fate itself with misfortune and overthrow and ruin, because of the violation of the "laws of life", than by a State Court of Justice.
[Pages 38-39]:
As the intelligence service of the German National Socialist Labor Party, the Security Service has first of all the task of investigating and keeping a watch over all forces, events and facts which are of importance for the domination of the National Socialist idea and movement in German territory. With this task follows that duty laid down by the Reich Minister of the Interior-the duty of supporting the Security Police-which is fulfilled, so far as it goes, under State orders. In support of the task of the Security Police in securing the ranks of the German people against interference and destruction of any kind, the Security Service has to watch over every sphere of life of the German people with regard to the activities of inimical forces and the result of state and political measures, and to inform continually the competent State authorities and offices about the facts which have come to light. Finally, it has to investigate politically and explore fundamentally the activities and connections of the great ideological arch-enemy of National Socialism and the German people, in order thereby to render possible a purposeful and effective fight against it.
Source:
and offices about the facts which have come to light. Finally, it has to investigate politically and explore fundamentally the activities and connections of the great ideological arch-enemy of National Socialism and the German people, in order thereby to render possible a purposeful and effective fight against it. Source:
Nazi Conspiracy and Aggression Volume IV
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ORGANIZATION BOOK OF NSDAP, Page 418.
Bravery is valued by the SS man as the highest virtue of men in a struggle for his ideology.
He openly and unrelentingly fights the most dangerous enemies of the state: Jews, Free Masons, Jesuits, and political clergymen.
However, by his example, he recruits and convinces the weak and inconstant, who have not been able to bring themselves to the National Socialistic ideology.
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HERMANN GOERING, SPEECHES AND ESSAYS.
Edited by Dr. Erich Gritzbach, Third Edition. Published by Central Publishing House of the NSDAP Franz Eher Successor, Muenchen. (1939)
Excerpt from speech entitled: "We Bear the Responsibility", delivered at an NSDAP demonstration on 3 March 1933, at Frankfurt am Main [page 27]:
Fellow Germans, my measures will not be crippled by any judicial thinking. My measures will not be crippled by any bureaucracy. Here I don't have to give Justice, my mission is only to destroy and exterminate, nothing more! This struggle, fellow Germans, will be a struggle against chaos and such a struggle I shall not conduct with the power of any police. A bourgeoise state might have done that. Certainly, I shall use the power of the state and the police to the utmost my dear Communists, so that you won't draw any false conclusions but the struggle to the death, in which my fist will grasp your necks, I shall lead with those down there,-those are the brown shirts.
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VOELKISCHER BEOBACHTER, 26 July 1934 p.I.
The Fuehrer elevates the SS to a standing of an Independent Organization.
Munich, 25 July
The Reich Press Office announces the following order of the Fuehrer:
In consideration of the very meritorious service of the SS, especially in connection with the events of 30 June 1934, I elevate it to the standing of an independent organization within the NSDAP. The Reichsfuehrer SS, like the Chief of Staff, is therefore directly subordinate to the highest SS fuehrer. The Chief of Staff and the Reichsfuehrer SS are both invested with the party rank of Reichsleiter.
Munich, 20 July 1934.
/s/ Adolf Hitler.
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1934 REICHSGESETZBLATT, PART I, PAGE 45
Law Regulating National Labor of 20 January 1934
The Government of the Reich has decided to enact the following law which is hereby made public:
SECTION I
The Leader of the enterprise and the board of employee representatives.
Paragraph 1
The entrepreneur works in the factory as leader of the enterprise together with the employees and the workers who constitute his followers for the furtherance of the aims of the enterprise and for the common benefit of people and state.
Paragraph 2
1. The leader of the enterprise makes the decisions for the employees and laborers in all matters concerning the enterprise, as far as they are regulated by this law.
2. He is responsible for the well-being of the employees and laborers. The employees and laborers owe him faithfulness according to the principles of the factory community.
Paragraph 3
1. In the case of legal persons and personal groups the legal representatives will be the leaders of the enterprises.
2. The entrepreneur or in the case of legal persons or personal groups, the legal representatives can appoint a person who participates in the management of the enterprise in a responsible capacity as their deputy. This must be done if they do not direct the enterprise themselves. In matters of lesser importance they can also appoint another person.
3. Should the court of honor legally deprive the leader of the enterprise of his qualifications to be a leader, then a new entrepreneur must be appointed.
Paragraph 4
1. Administrations are also considered as enterprises in the sense of this law.
2. Subordinate enterprises and parts of the enterprise which are connected with the main enterprise through common direction will only be considered as independent enterprises if they are situated far away from the main enterprise.
4 1. Administrations are also considered as enterprises in the sense of this law. 2. Subordinate enterprises and parts of the enterprise which are connected with the main enterprise through common direction will only be considered as independent enterprises if they are situated far away from the main enterprise.
3. The regulations of this law, with the exception of paragraphs 32 and 33, do not apply to Ships, Inland navigation and Air-transport and their crews.
Paragraph 5
1. Representatives recruited from the employees and laborers act in an advisory capacity to the leader of an enterprise with, in the rule, at least 20 employees. They constitute with the leader and under his direction the board of representatives of the enterprise.
2. To the employees and laborers in the sense of the regulations concerning the board of representatives belong also the persons who do piece work at home, who work mainly for the same enterprise either alone or with their families.
Paragraph 6
1. It is the duty of the board of representatives to increase the mutual confidence within the enterprise-community.
2. It is the task of the board of representatives to discuss all measures concerning the improvement of the output, the form and execution of the general labor conditions, especially the enterprise regulations, the execution and the improvement of enterprise-protection, the strengthening of the ties between the members of the enterprise among themselves and toward the enterprise as well as the welfare of all the members of the community. It is furthermore their task to liquidate all quarrels within the enterprise-community. They must also be heard prior to the determination of punishment for violation of the plant-rules.
3. The board of representatives can charge certain representatives with the execution of certain of its tasks.
Paragraph 7
(1) The number of representatives is as follows:
in enterprises with 20- 49 employees.................... 2
in enterprises with 50- 99 employees.................... 3
3. The board of representatives can charge certain representatives with the execution of certain of its tasks. Paragraph 7 (1) The number of representatives is as follows: in enterprises with 20- 49 employees.................... 2 in enterprises with 50- 99 employees.................... 3
in enterprises with 100-199 employees................... 4
in enterprises with 200-399 employees................... 5
(2) These numbers are increased by one representative for each 300 supplementary employees until they reach the maximum of ten representatives.
(3) An equal number of deputies shall be designated.
(4) Employees, workers and those who do piece work at home are to be considered in the choice of trustees.
The Chancellor of the Reich
Adolf Hitler
The Reich Minister of Labor
Franz Seldte
The Reich Minister of Economic Affairs
Dr. Schmitt
The Reich Minister of Justice
Dr. Guertner
The Reich Minister of Finance
Graf Schwerin von Krosigk
The Reich Minister of Interior
Frick
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1936 REICHSGESETZBLATT, PART I, PAGE 887
Ordinance for the Execution of the Four Year Plan of 18 October 1936.
The realization of the new Four Year Plan-announced by me at the Party Congress of Honor-requires homogeneous leadership of all forces in the German nation and the strict coordination of all competent authorities in Party and State.
The execution of the Four Year Plan, I intrust to Minister-President General Goering.
Minister-President General Goering shall take all steps necessary for the execution of the task put before him; he is authorized to issue decrees of ordinances and general administrative directives. He is empowered to receive reports from all governmental agencies, including the highest agencies of the Reich and from all Party offices, their departments and attached organizations-and issue orders to them.
Berchtesgaden, 18 Oct 36
The Fuehrer and Chancellor of the Reich
Adolf Hitler
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Nazi Conspiracy and Aggression Volume IV Document No. 1866-PS Previous Document Volume IV Menu Next Document TRANSLATION OF DOCUMENT 1866-PS Record of the conversation between the Reich Foreign Minister and the Duce in the Palazzo Venezia on the 13th May 1941, in the presence of Count Ciano. To begin with the Reich Foreign Minister conveyed the Fuehrer's greetings to the Duce. He would shortly propose to the Duce a date for the planned meeting, which he would like to take place as soon as possible. As the place for the meeting he would probably prefer the Brenner. At the present moment he was, as the Duce well understood, still busy with the Hess affair and with a few military matters, but could be at his disposal after that for a meeting. The Duce replied that he would agree with all the Fuehrer's proposals concerning the place and date of this meeting. That he was prepared to go to Germany, to meet him at the Brenner, or to arrange for the conversation to take place anywhere else in Italy. The Reich Foreign Minister then said that the Fuehrer had sent him to the Duce, in order to inform him about the Hess affair and the conversation with Admiral Darlan about the Hess affair. He remarked that the Fuehrer had been completely taken aback by Hess' action, and that it had been the action of a lunatic. Hess had been suffering for a long time from a bilious complaint and had fallen into the hands of magnetists and nature cure doctors who allowed his state of health to become worse. All these matters were being investigated at the moment as well as the responsibility of the aides-de-camp who had known about Hess' forbidden flights. Hess had for weeks carried out secret practice flights in a M.E. 110. Naturally he had acted only from idealistic motives. His being unfaithful to the Fuehrer was utterly out of the question. His conduct had to be explained by a kind of mysticism and a state of mind caused by his illness. The Reich Minister went on to say that Hess was undoubtedly convinced that England was facing imminent defeat, but that the English could not take the step of drawing the necessary conclusions. Being sympathetically inclined towards England Hess had conceived the crazy idea of using Great Britain's Fascist circles to persuade the
Reich Minister went on to say that Hess was undoubtedly convinced that England was facing imminent defeat, but that the English could not take the step of drawing the necessary conclusions. Being sympathetically inclined towards England Hess had conceived the crazy idea of using Great Britain's Fascist circles to persuade the British to give in. He had explained all this in a long and confused letter to the Fuehrer. When this letter reached the Fuehrer, Hess was already in England. It was hoped in Germany that he would perhaps have an accident on the way, but he was now really in England and had tried to contact the former Marquis of Clydesdale, the present Duke of Hamilton. Hess quite wrongly considered him as a great friend of Germany and had flown to the neighbourhood of his castle in Scotland. He had thus carried out his plan at the risk of his life. The Fuehrer who was naturally and personally deeply stricken by these events, took up a very severe attitude under the circumstances, demoted Hess immediately and stated that he would have Hess shot immediately if he returned to Germany. The investigation of the event was continuing, but it was quite clear that Hess had not acted out of lack of faithfulness towards the Fuehrer. The Duce replied that he was also of the opinion that Hess was no traitor. From the political point of view he did not consider the results of his action serious. He was wondering what Hess intended to say in England. It was said that his first words after being found were to the effect that he had always had a great sympathy for England. Without failing to see that the psychological results of Hess' flight were not slight, one could nevertheless say that the prosecution of the war and public opinion in the Axis countries remained untouched by it. In 3 or 4 days the whole affair would gradually subside. The question arose as to whether anyone in Germany knew about Hess' attitude to England, and whether Hess had perhaps wanted to save England. The Reich Foreign Minister remarked here that in Germany Hess had had supporters mainly among the [illegible] party members, but that now every German was wondering how it was possible that Hess could have done such a thing.