Extract 6:Application – Natural Law and Nuremberg Trials

July 5, 2010
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Source http://law2.umkc.edu/faculty/projects/ftrials/nuremberg/NurembergIndictments.html

ARTICLE 6

The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes.
The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

  • (a) Crimes against Peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a Common Plan or Conspiracy for the accomplishment of any of the foregoing;
  • (b) War Crimes: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity;
  • (c) Crimes against Humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial, or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of domestic law of the country where perpetrated.

ARTICLE 8

The fact that the defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determine that justice so requires.

HERMAN GOERING – the sentence

Sentenced to: Death by hanging. Goering committed suicide in his cell by swallowing poison before his hanging.

Known as the second in command to Hitler until their relationship deteriorated in 1943, commanding the SA during most of the war and developing the Gestapo. He also served as Chief of the Air Force. Goering was arrested in 1945. He freely told the Tribunal the positions he held, the conferences he attended, and the fact that he treated humans as slave labor, demonstrating  his violation of both the crimes against peace, the war crimes, and crimes against humanity.

In court Goering said,

"I must take 100 percent responsibility. I even overruled objections by the Fuehrer and brought everything to its final development."

Although Himmler was the one in charge of the extermination of the Jewish people, Goering signed several anti-Jewish decrees and he often directed Himmler's actions.

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