Post-WWII - 1945, Germany: Nuremberg War Crime Trial, Organizational Charges. 28Feb46 1 of 2
Munich 016. SOF (German). MS German lawyer, Dr. Martin Horne / Horn, re calling Winston Churchill.
04:19:32 (English) Tribunal President: “Did you propose to argue first on question of organization?” MS & LS Robert Jackson: “If that is agreeable to the Tribunal, that's definitely our...we are taking up, as I understand it, the deferred subject of the rules which should guide in determining the criminality of organizations partly upon our initiative & partly in response to the questions propounded by the Tribunal. The unconditional surrender of Germany created for the victors novel & difficult problems of law & administration. Being the first such surrender of an entire & modernly organized society, precedents & past experiences are of little help in guiding our policy toward the vanquished. The responsibility implicit in demanding & accepting capitulation of a whole people certainly must include a duty to discriminate justly & intelligently between the opposing elements of that population, which bore dissimilar relations to the policies & conduct which led to the catastrophe. This differentiation is the objective of those provisions of the Charter which authorize this Tribunal to declare organizations or groups to be criminal. Understanding of the problem w/ which the instrument attempts to deal is essential to its interpretation & application. One of the sinister peculiarities of German society at the time of the surrender was that the state itself played only a subordinate role in the exercise of political power, while the really drastic controls over German society were organized outside of the nominal government. This was accomplished thru an elaborate network of closely knit & exclusive organizations of selected volunteers, both bound to execute without delay & without question the commands of the Nazi leaders. These organizations penetrated the whole German life. The country was subdivided into little Nazi principalities of about 50 households each, & every such community had its recognized Party leaders, Party police & its undercover Party spies. These were combined into larger units w/ higher ranking leaders, executioners & spies; the whole forming a pyramid of power outside the law w/ the Fuehrer at its apex, the local Party officials constituting its broad base which rested heavily on the German population. The Nazi despotism therefore did not consist of these individual defendants alone. A thousand little Fuehrers dictated; a thousand imitation Goerings strutted; a thousand Schirachs incited the youth; a thousand Sauckels worked slaves; a thousand Streichers & Rosenbergs stirred up hate; a thousand Kaltenbrunners & Franks tortured & killed; a thousand Schachts & Speers & Funks administered & supported & financed this movement.”
04:24:08 “The Nazi movement was an integrated force in every city and county and hamlet. The party power resulting from this system of organizations first rivaled and then dominated the power of the state itself. The primary vice of this web of organizations was that they were used to transfer the power of coercing men from the government and the law to the Nazi leaders. Liberty, self-government, and security of person and property do not exist except where the power of coercion is possessed only by the state and is exercised only in obedience to law. The Nazis, however, set up this private system of coercion outside of and immune from the law, with Party-controlled concentration camps and firing squads to administer privately decreed sanctions.”
Continued...
Post-WW2; Holocaust Charges; Extermination; Evidence; Horrors of War; Crimes Against Humanity; 1940s;
NOTE: Partial or entire of 04:18:06 - 04:28:45 (2 cards) sold at per reel rate. Good sound quality.
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Post-WWII - 1945, Germany: Nuremberg War Crime Trial, Organizational Charges. 28Feb46 1 of 2 Munich 016. SOF (German). MS German lawyer, Dr. Martin Horne / Horn, re calling Winston Churchill. 04:19:32 (English) Tribunal President: “Did you propose to argue first on question of organization?” MS & LS Robert Jackson: “If that is agreeable to the Tribunal, that's definitely our...we are taking up, as I understand it, the deferred subject of the rules which should guide in determining the criminality of organizations partly upon our initiative & partly in response to the questions propounded by the Tribunal. The unconditional surrender of Germany created for the victors novel & difficult problems of law & administration. Being the first such surrender of an entire & modernly organized society, precedents & past experiences are of little help in guiding our policy toward the vanquished. The responsibility implicit in demanding & accepting capitulation of a whole people certainly must include a duty to discriminate justly & intelligently between the opposing elements of that population, which bore dissimilar relations to the policies & conduct which led to the catastrophe. This differentiation is the objective of those provisions of the Charter which authorize this Tribunal to declare organizations or groups to be criminal. Understanding of the problem w/ which the instrument attempts to deal is essential to its interpretation & application. One of the sinister peculiarities of German society at the time of the surrender was that the state itself played only a subordinate role in the exercise of political power, while the really drastic controls over German society were organized outside of the nominal government. This was accomplished thru an elaborate network of closely knit & exclusive organizations of selected volunteers, both bound to execute without delay & without question the commands of the Nazi leaders. These organizations penetrated the whole German life. The country was subdivided into little Nazi principalities of about 50 households each, & every such community had its recognized Party leaders, Party police & its undercover Party spies. These were combined into larger units w/ higher ranking leaders, executioners & spies; the whole forming a pyramid of power outside the law w/ the Fuehrer at its apex, the local Party officials constituting its broad base which rested heavily on the German population. The Nazi despotism therefore did not consist of these individual defendants alone. A thousand little Fuehrers dictated; a thousand imitation Goerings strutted; a thousand Schirachs incited the youth; a thousand Sauckels worked slaves; a thousand Streichers & Rosenbergs stirred up hate; a thousand Kaltenbrunners & Franks tortured & killed; a thousand Schachts & Speers & Funks administered & supported & financed this movement.” 04:24:08 “The Nazi movement was an integrated force in every city and county and hamlet. The party power resulting from this system of organizations first rivaled and then dominated the power of the state itself. The primary vice of this web of organizations was that they were used to transfer the power of coercing men from the government and the law to the Nazi leaders. Liberty, self-government, and security of person and property do not exist except where the power of coercion is possessed only by the state and is exercised only in obedience to law. The Nazis, however, set up this private system of coercion outside of and immune from the law, with Party-controlled concentration camps and firing squads to administer privately decreed sanctions.” Continued... Post-WW2; Holocaust Charges; Extermination; Evidence; Horrors of War; Crimes Against Humanity; 1940s; NOTE: Partial or entire of 04:18:06 - 04:28:45 (2 cards) sold at per reel rate. Good sound quality.