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requirements. Arbitrary spoliation, such as the prosecution asserted
took place, is entirely out of question.
This brings to an end my statement with
respect to the charges contained in counts two and three of the indictment.
In no case the
prosecution proved that – disregarding extreme cases, that is, excesses
– measures ordered by General Hoth during the Russian campaign or measures
carried out under his command were not a, “military necessity,”
within the meaning of the Hague Rules of Land Warfare. Without claiming this is
a point in favor of my client, the question does not appear to be out of place
today whether, in view of the destruction of cities – Nuernberg is only
one example of many – and the killing of thousands and thousands of
innocent people incidental thereto; the legal concept of “military
necessity,” which was laid down 40 years ago, that is, a long time before
the epoch of total war began, is still valid in any way.
In any case General Hoth attempted to stay
within these legal and humanitarian limits. I shall prove this in particular
with a number of affidavits. His character and personality will become clear
through these affidavits. According to his whole personality and character he
is not even capable of committing such crimes of which he is accused by the
prosecution.
And this is
the last and most fundamental question of this trial, namely, if and in how far
we are dealing here with the problem of individual, personal and criminal
guilt. How many of the facts under discussion here can only be clarified by
history and only be judged as integral parts of a whole development.
However, that may be. In
the case of the defendant Hoth, the prosecution could not prove in any way the
atrocious accusations of a subjective nature which allegedly alone formed the
basis for the charges of the indictment. |
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D. Extract From the Opening Statement for Defendant
Schniewind* |
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DR. MECKEL : May it please the Tribunal:
The IMT trial
against the so-called chief war criminals which opened the various Nuernberg
trials was meant to establish who were the primarily guilty persons responsible
for the great international disaster of World War II, and the crimes committed
in connection therewith. In that trial, two admirals of the German Navy were
also sentenced, Admirals of the Fleet Raeder and Doenitz. |
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* Complete opening statement is recorded
in mimeographed transcript, 25 May 1948, pp. 4760-4779.
891018 — 51 — 16
201 |
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