. NMT03-T0282
Volume III · Page 282
| no matter what a state regulates concerning the question of review of a law the state has to think of normal conditions. These occurrences and matters cannot be measured by any order of the world at all. Therefore, I believe that these things that happened in Germany behind a complicated system of secrecy, a system of mutual delimitation, and if then one adds the pressure of conscience of millions of people who felt themselves hemmed in between patriotism and hatred of the system, then the question which you put to me attains a very bitter human weight, and I can only say I don't know any way out. |
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| PRESIDING JUDGE BRAND: In order to
better understand your views which you have ably expressed, I would like to ask
you a few questions. I understand your view to be that judges were obliged to
obey the law of their State of Germany even though in doing so they violated a
principle of international law. That is a fair brief statement, is it not, of
the matter? WITNESS JAHRRIESS: Yes. During the Weimar republic this was already uncontestedly applicable, and with the permission of the Tribunal, I read the commentary of Anschuetz to article 102. Q And you would apply the same principle after 1933, would you not? A. After 1933? There was much less the question whether this was different than before. Q. What court or tribunal ordinarily enforced the rule that judges must obey the law of their State under such circumstances? I assume the answer is obvious. A. Excuse me. I didn't understand your question, sir. Q. What tribunal ordinarily enforced against the judges or upon the judges this obligation to obey the law of the State even though they in doing so, violated international law? A. I never heard that a court violated this principle so that there was no need to force the judges to conform to it. Mr. President, I never heard that a German court did not apply a Reich law because in the opinion of the court it was contrary to international law. I never heard of such a case. You see, it was entirely uncontested. The court, just in such a case, couldn't do anything but through official channels call the attention of the government to this contradiction so that the government, in accordance with its obligation under international law, would see to it that the laws were changed. Let us assume the case that the Reich Supreme Court, for example, in deciding a case had come to the conclusion |
