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 System and the Reich Ministry of Justice 212

1. The Position and Responsibility of Leading Officials in the Reich 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 Jahrreiss Concerning the Development of German Law 252

E. The General Development of the Administration of Justice under Hitler 284

V. Evidence Concerning Principal Issues in the Case 311

A. Introduction 311

B. Measures Outside the Judicial Process--Protective Custody Transfer of Persons to Concentration Camps and to the Police 313

C. Measures to Influence or Avoid the Judicial Process 352

1. Developments Principally During the Period When Guertner Was Reich Minister of Justice (1933–January 1941) 352

a. Examples of Relations of Officials of the Reich Ministry of Justice, Judges, and Public Prosecutors with Officials of the Nazi Party, the Gestapo, the SD, the SS, and the 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 When the Defendant Schlegelberger Was Acting Reich Minister of Justice (January 1941–August 1942) 417

a. The Influence of Hitler and Others Upon the Administration of Justice 417

b. Defendant Rothenberger’s Writings on Judicial Reform and his Guidance of Judges in his District 467

c. Testimony of Defendant Rothenberger on his Memorandum Concerning Judicial Reform 489

3. Further Developments Principally While Thierack Was Reich Minister of Justice (August 1942–1945) 503

a. “Special Treatment.” Further Relations with Officials of the Nazi Party, the Gestapo, the SD, and the SS 503

b. Judges’ Letters Written by Thierack and the Defendant Klemm 523

c. Lawyers’ Letter written by Thierack 554

d. The Withholding of Criminal Proceedings against Persons Participating in “Lynch Justice” against Allied Fliers 568

D. The Making and Application of Special Measures Concerning Nationals of Occupied Territories, Minority Groups and Races, and Alleged “Asocials” 594

1. Introduction 594

2. Jews, Poles, Gypsies, and Others 594

3. Nationals of the Western Occupied Countries--The “Night and Fog” Decree 774

E. High Treason and Treason. Malicious Acts. Undermining the Military 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 Crimes and 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 United States Zone of Occupation 1202

X. Order of the United States Supreme Court Denying Writs of Habeas Corpus 1204