. NMT03-T0143
Volume III · Page 143
people were entangled into error, misery, and guilt, should he not feel even more that he is one of them, and should he not try to gain that which cannot be lost-self-reflection, principles, and dignity. The defense wishes to thank the Tribunal for having given it full opportunity to represent the interests of its client in this spirit during this trial.
Dr. Rothenberger is charged with the crime of conspiracy, committing war crimes and crimes against humanity. According to the prosecution, the same concrete facts form the basis for the last two charges. In like manner, the charge of conspiracy is connected with the planning of the afore-mentioned war crimes and crimes against humanity. The facts presented by the prosecution to prove these crimes are in accordance with the IMT judgment only relevant from the penal point of view since the beginning of the war. We are concerned with the following facts:
Numbers 9 and 21 of the indictment — Use of the Special Courts and the People's Courts for the oppression of political enemies.
Numbers 10 and 22 of the indictment — Participation in the discussion between Himmler and Thierack of 18 September 1992. Numbers
11 and 28 of the indictment — Sentencing and execution of Germans and non-Germans for high treason.
Numbers 14 and 26 of the indictment — 11 legal execution.
Numbers 16 and 28 of the indictment — Preferential treatment shown Party members who are to be punished and collaboration in the introduction of the special penal law for Jews and others.
Before starting to discuss the basis for the above charges in the indictment, it seems fitting to treat briefly the question of conspiracy, From a legal standpoint, attention must be called to the fact that according to the statute of the London Treaty, as well as the Control Council Law No. 10, the conspiracy, or plan, can only be considered as a crime in itself if it concerns a crime against peace but not if it concerns a war crime or Crime against humanity. This viewpoint was maintained also by the IMT in trial No. I.
