| Page |
|---|
| Preface | [III] |
| Trials of War Criminals before Nuernberg Military Tribunals | [IX] |
| Declaration on German Atrocities | [X] |
| Executive Order 9547 | [X] |
| London Agreement of 8 August 1945 | [XI] |
| Charter of The International Military Tribunal | [XIII] |
| Control Council Law No. 10 | [XVIII] |
| Executive Order 9679 | [XXII] |
| General Orders Number 301, Hq. USFET, 24 October 1946 | [XXIII] |
| Military Government—Germany, United States Zone, Ordinance No. 7 | [XXIII] |
| Military Government—Germany, Ordinance No. 11 | [XXIX] |
| Officials of the Office of the Secretary General | [XXXI] |
| “The Justice Case” |
|---|
| Introduction | [3] |
| Orders Constituting The Tribunal | [7] |
| Members of The Tribunal | [13] |
| Prosecution Counsel | [14] |
| Defense Counsel | [14] |
| I. Indictment | [15] |
| II. Arraignment | [27] |
| III. Opening Statements | [31] |
| A. For the Prosecution | [31] |
| B. For all Defendants | [108] |
| C. For the Defendant Schlegelberger | [126] |
| D. For the Defendant Klemm | [130] |
| E. For the Defendant Rothenberger | [142] |
| F. For the Defendant Lautz | [150] |
| G. For the Defendant von Ammon | [152] |
| H. For the Defendant Rothaug | [154] |
| IV. General Development of German Law During the Nazi Period | [159] |
| A. Introduction | [159] |
| B. Selected Laws and Decrees, 1933–44 | [160] |
| C. Organization and Structure of the German Judicial Systemand the Reich Ministry of Justice | [212] |
| 1. The Position and Responsibility of Leading Officials in theReich Ministry of Justice | [212] |
| 2. Extracts from the “Basic Information” | [214] |
| 3. Special Courts | [218] |
| 4. People’s Court | [231] |
| 5. Hereditary Health Courts | [243] |
| 6. Civilian Courts Martial | [250] |
| D. Expert Opinion by Defense Witness Professor JahrreissConcerning the Development of German Law | [252] |
| E. The General Development of the Administration of Justiceunder Hitler | [284] |
| V. Evidence Concerning Principal Issues in the Case | [311] |
| A. Introduction | [311] |
| B. Measures Outside the Judicial Process—Protective CustodyTransfer of Persons to Concentration Camps and to thePolice | [313] |
| C. Measures to Influence or Avoid the Judicial Process | [352] |
| 1. Developments Principally During the Period When GuertnerWas Reich Minister of Justice (1933–January 1941) | [352] |
| a. Examples of Relations of Officials of the Reich Ministryof Justice, Judges, and Public Prosecutors with Officialsof the Nazi Party, the Gestapo, the SD, the SS, andthe SA | [352] |
| b. New Devices to Change Final Court Decisions—The“Extraordinary Objection” and the “Nullity Plea” | [405] |
| 2. Further Developments Principally During the Period Whenthe Defendant Schlegelberger Was Acting Reich Ministerof Justice (January 1941–August 1942) | [417] |
| a. The Influence of Hitler and Others Upon the Administrationof Justice | [417] |
| b. Defendant Rothenberger’s Writings on Judicial Reformand his Guidance of Judges in his District | [467] |
| c. Testimony of Defendant Rothenberger on his MemorandumConcerning Judicial Reform | [489] |
| 3. Further Developments Principally While Thierack Was ReichMinister of Justice (August 1942–1945) | [503] |
| a. “Special Treatment.” Further Relations with Officials ofthe Nazi Party, the Gestapo, the SD, and the SS | [503] |
| b. Judges’ Letters Written by Thierack and the DefendantKlemm | [523] |
| c. Lawyers’ Letter written by Thierack | [554] |
| d. The Withholding of Criminal Proceedings against PersonsParticipating in “Lynch Justice” against Allied Fliers | [568] |
| D. The Making and Application of Special Measures ConcerningNationals of Occupied Territories, Minority Groups andRaces, and Alleged “Asocials” | [594] |
| 1. Introduction | [594] |
| 2. Jews, Poles, Gypsies, and Others | [594] |
| 3. Nationals of the Western Occupied Countries—The “Nightand Fog” Decree | [774] |
| E. High Treason and Treason. Malicious Acts. Undermining theMilitary Efficiency. Public Enemies | [840] |
| F. Handling of Religious Matters | [912] |
| VI. Final Statements of the Defendants | [941] |
| VII. Opinion and Judgment | [954] |
| The Jurisdictional Enactments | [956] |
| The Procedural Ordinance | [957] |
| Source of Authority of Control Council Law 10 | [959] |
| Construction of Control Council Law 10—War Crimesand Crimes Against Humanity | [971] |
| The Ex Post Facto Principle | [974] |
| Crimes Against Humanity as Violative of International Law | [979] |
| The Law in Action | [1010] |
| Treason and High Treason | [1027] |
| Membership in Criminal Organizations | [1029] |
| Crimes under the Night and Fog Decree (Nacht und Nebel Erlass) | [1031] |
| Concentration Camps | [1044] |
| Trials under NN Decree | [1046] |
| Disposition of NN Cases | [1053] |
| Use of NN Prisoners in Armament Industry | [1054] |
| Clemency in the NN Cases | [1055] |
| Racial Persecution | [1063] |
| Defendant Schlegelberger | [1081] |
| Defendant Klemm | [1087] |
| Defendant Rothenberger | [1107] |
| Defendant Lautz | [1118] |
| Treason Cases Involving Border Crossings by Poles | [1120] |
| Defendant Mettgenberg | [1128] |
| Defendant von Ammon | [1132] |
| Defendant Joel | [1134] |
| Defendant Rothaug | [1143] |
| Defendant Barnickel | [1156] |
| Defendant Petersen | [1156] |
| Defendant Nebelung | [1157] |
| Defendant Cuhorst | [1157] |
| Defendant Oeschey | [1159] |
| Defendant Altstoetter | [1170] |
| VIII. Separate Opinion by Judge Blair | [1178] |
| Sentences | [1199] |
| IX. Confirmation of sentences by the Military Governor of the UnitedStates Zone of Occupation | [1202] |
| X. Order of the United States Supreme Court Denying Writs ofHabeas Corpus | [1204] |
| Appendix | [1205] |
| Titles of Judges and Prosecutors at Regular German Courts | [1205] |
| German Civil Service Ranks | [1206] |
| Table of Comparative Ranks | [1207] |
| Glossary of Terms and Abbreviations | [1208] |
| List of Witnesses in Case 3 | [1212] |
| Index of Documents and Testimonies | [1217] |