In view of the weight of the accusations and the far-flung activities of the defendants, and the extraordinary amount of official contemporaneous German documents introduced in evidence, the records of these trials constitute a major source of historical material covering many events of the fateful years 1933 (and even earlier) to 1945, in Germany and elsewhere in Europe.

The Nuernberg trials under Law No. 10 were carried out under the direct authority of the Allied Control Council, as manifested in that law, which authorized the establishment of the Tribunals. The judicial machinery for the trials, including the Military Tribunals and the Office, Chief of Counsel for War Crimes, was prescribed by Military Government Ordinance No. 7 and was part of the occupation administration for the American zone, the Office of Military Government (OMGUS). Law No. 10, Ordinance No. 7, and other basic jurisdictional or administrative documents are printed in full hereinafter.

The proceedings in these trials were conducted throughout in the German and English languages, and were recorded in full by stenographic notes, and by electrical sound recording of all oral proceedings. The 12 cases required over 1,200 days of court proceedings and the transcript of these proceedings exceeds 330,000 pages, exclusive of hundreds of documents, books, briefs, etc. Publication of all of this material, accordingly, was quite unfeasible. This series, however, contains the indictments, judgments, and other important portions of the record of the 12 cases, and it is believed that these materials give a fair picture of the trials, and as full and illuminating a picture as is possible within the space available. Copies of the entire record of the trials are available in the Library of Congress, the National Archives, and elsewhere.

In some cases, due to time limitations, errors of one sort or another have crept into the translations which were available to the Tribunal. In other cases the same document appears in different trials, or even at different parts of the same trial, with variations in translation. For the most part these inconsistencies have been allowed to remain and only such errors as might cause misunderstanding have been corrected.

Volume III of this series is dedicated to the case United States of America vs. Josef Altstoetter, et al. (Case 3). This trial has become known as the Justice Case, because all of the defendants held positions in the Reich system of justice, as officials of the Reich Ministry of Justice or as judges or prosecutors of the Special Courts and the People’s Courts.

CONTENTS

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]

TRIALS OF WAR CRIMINALS BEFORE NUERNBERG MILITARY TRIBUNALS

Case No.United States of America againstPopular nameVolume No.
1Karl Brandt, et al.Medical CaseI and II
2Erhard MilchMilch CaseII
3Josef Altstoetter, et al.Justice CaseIII
4Oswald Pohl, et al.Pohl CaseV
5Friedrich Flick, et al.Flick CaseVI
6Carl Krauch, et al.I. G. Farben CaseVII and VIII
7Wilhelm List, et al.Hostage CaseXI
8Ulrich Greifelt, et al.RuSHA CaseIV and V
9Otto Ohlendorf, et al.Einsatzgruppen CaseIV
10Alfried Krupp, et al.Krupp CaseIX
11Ernst von Weizsaecker, et al.Ministries CaseXII, XIII, and XIV
12Wilhelm von Leeb, et al.High Command CaseX and XI
ProcedureXV