been included in the draft. I can not
agree to this type of punishment . . . . The procedure for enforcing
prosecution has been abrogated, for it seemed intolerable that Poles
or Jews should be able to instigate a public indictment. Poles and
Jews have also been deprived of the right to prosecute in their own
names or join the public prosecution in an action.... From the very
beginning it was intended to intensify special treatment in case of
need: When this necessity became actual a supplementary decree was
issued to which the Führer's deputy refers to in his letter . .
. . " (GB-268, R-96)
Thus, there can be no doubt that Hess together with
the other major war criminals is guilty of Crimes against Humanity.
Taking into consideration that among political leaders of
Hitlerite Germany Hess was third in significance and played a
decisive rode in the crimes of the Nazi regime, I consider the only
justified sentence in his case can be death.
V. Incorrect Judgment with regard to
the Reich Cabinet
The Prosecution has posed before the Tribunal the
question of declaring the Reich Cabinet a criminal organization. The
verdict rejects the claim of the Prosecution, unfoundedly refusing to
declare the Hitler Government a criminal organization.
With such a decision I cannot agree.
The Tribunal considers it proven that the Hitlerites have
committed innumerable and monstrous crimes.
The Tribunal also considers it proven that these crimes were as a
rule committed intentionally and on an organized scale, according to
previously prepared plans and directives ("Plan
Barbarossa", "Night and Fog", "Bullet",
etc.).
The Tribunal has declared criminal several of the Nazi mass
organizations founded for the realization and putting into practice
the plans of the Hitler Government.
In view of this it appears particularly untenable and rationally
incorrect to refuse to declare the Reich Cabinet the directing organ
of the State with a direct and active role in the working out of the
criminal enterprises, a criminal organization. The members of this
directing staff had great power, each headed an appropriate
Government agency, each participated in preparing and realizing the
Nazi program.
In confirmation it is deemed proper to cite several facts:
1. Immediately after the Nazi accession to power
— on 24 March 1933 — there was a law passed entitled
"The Law of Defense of the