. NMT04-T0340
Volume IV · Page 340
| B. The legal prerequisites for a putative necessity and a putative legitimate self-defense according to continental legal conceptions. | |||
| I. | Self-defense. | ||
| 1. | According to German law. | ||
| 2. | According to Soviet law. | ||
| II. | Necessity. | ||
| 1. | According to German law. | ||
| 2. | According to Soviet law. | ||
| III. | Conclusions drawn from a comparison of the two systems of law. | ||
| C. Inclusion of the concrete case under the established legal pre requisites. | |||
| 1. | The objective prerequisites: The war against the Soviet Union as exceptional war. | ||
| a. The attitude of the Soviet Union towards
international law from its formation to the outbreak of war in 1941. |
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| (aa) | Class struggle and international war in the light of Soviet theory. | ||
| (bb) | Use of international law as a means in the fight against the non-communist states. | ||
| (cc) | The practice of the Soviet Union with regard to international law before the outbreak of the war with Germany. | ||
| b. The conduct of the U.S.S.R. after the outbreak of war in 1941. | |||
| (aa) | to the question of being bound by war conventions. | ||
| (bb) | conduct of the so-called partisan warfare. | ||
| 2. | The subjective prerequisites: bolshevism and Judaism | ||
| a. The merger of the "Jewish problem with the Bolshevist problem" according to the official Nazi theory. | |||
| b. Link between Jewry and Bolshevism according to the
personal experiences and
conceptions of the defendants. |
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| 3. | Conclusions in regard to criminal law. | ||
| a. Putative assistance in case of distress. | |||
| b. Putative necessity. | |||
| INTRODUCTION | |||
| Subject and Outline of this Expert Opinion | |||
| The present expert opinion has to deal with only a part of the questions which will be discussed during the trial. It does not propose to investigate whether the acts of the defendants represent the characteristic elements of a given crime, i.e., whether they can | |||
