. NMT05-T0005
Volume V · Page 5
| the author at the international conference for the simplification of criminal law in Madrid. Lemkin himself draws the conclusion from this that the charge of "genocide" as a crime is not possible, because an international convention does not exist. This was probably the reason for the prosecution's attempt to put the concept "genocide" as a crime on the same level as a crime against humanity. Thus we have the same question before us again, namely the question which we asked at the beginning during the investigation of the concept "crime against humanity," and the same misgivings remain. In addition, this coupling together of terms violated the basic principle of justice determined by the International Military Tribunal "nullum crimen sine lege, nulla poena sine lege", which needs no further explanation. |
| * * * * * * * * * * |
| 2. HISTORICAL BACKGROUND OF
GERMAN-POLISH RELATIONS |
| a. Selection
from the Argumentation of the Defense |
| EXTRACT FROM THE CLOSING
STATEMENT¹ FOR DEFENDANT MEYER-HETLING |
| Your Honors, a proper comprehension of the
problems discussed in this trial is possible only if the Tribunal is not
influenced in its opinion by the period of 1939-1945 and sees the events under
discussion against their whole historical background. I am leaving out the historical aspect and come now to conditions in 1918. In spite of the Minorities Protection Agreement of 1919, whereby Poland promised equal treatment to "all Polish nationals belonging to a racial, religious, or language minority,"² the time from 1919 to 1939 is characterized by constant violations of this agreement. Up to 1988, approximately 610,000 hectares (1,525,000 acres) of German soil had been lost by liquidation and agricultural reform in the territories surrendered in 1919. This does not include the land expropriated by the abolition of the estates of the Prussian Settlement Commission, or state property and forest lands. These categories cover a further 500,000 hectares (1,250,000 acres). |
¹ Complete closing statement is recorded in mimeographed transcript, 16 February 1948, pp. 4926-4953.
² Compare agreement between the Allied and the associated powers and Poland on June 1919. [Footnote in transcript to defendant's closing statement.]
