I. The sentence exceeds the maximum penalty
According to the recommendations of the International Military Tribunal (The Trial of the Major War Criminals before the International Military Tribunal, Vol. I, p. 288), inserted into the sentence of the Medical Case, a maximum penalty is provided for the punishment of members of organizations declared criminal. The IMT recommendation provides in detail that “in no case is the penalty, imposed on the basis of Law No. 10 upon a member of an organization or group declared criminal by the Tribunal, to be more severe than the one provided in the Denazification Law”. The Denazification Law, dated 5 March 1946, valid for the U.S. Occupation Zone of Germany, referred to as a standard for comparison, provides the maximum penalty of 10 years in a labor camp. According to present penal regulations, 10 years’ imprisonment is, however, a more severe penalty than being sent to a labor camp for the same period. 10 years’ imprisonment exceeds, therefore, the penalty provided in the recommendation of the IMT. The sentence against Poppendick does not give any special reason for exceeding the maximum penalty.
II. More lenient evaluation of the group of persons within the
SS who only knew about crimes without, however,
being involved in them
The sentence of the International Military Tribunal declares punishable in the sense of the statute “the group composed of those persons who were officially admitted as members * * * in the SS, became or remained members of the organization knowing that use was made of them for committing acts declared punishable by Article 6 of the Statute, or who were involved in committing such crimes as members of the organization.” According to a reasonable interpretation of this provision, if mere membership is punished, one has to differentiate between those persons involved in committing such crimes and those persons only knowing about the commission of such crimes within the SS. According to a sound sense of justice, the provided maximum penalty for membership in the SS cannot possibly be valid for both groups of persons. On the contrary, the group having only knowledge has to be punished more lightly than the group involved in crimes. A penalty inferior to the provided maximum penalty has, therefore, to be imposed on the first mentioned persons among the SS members called to account. The Tribunal clearly stated that the defendant Helmut Poppendick was not involved in the crimes of the SS and, in this way, made it clear that not even on account of his rank or official position was he able to prevent crimes. The Tribunal only tried to impute knowledge on the part of the defendant Poppendick of definite experiments specified in the indictment. For this reason the maximum penalty should not be imposed in the case of the defendant Poppendick.