. NMT05-T0154
Volume V · Page 154
| shall not free a defendant
from responsibility for crime but this fact may be considered in mitigation of
punishment. We have, in passing judgment on all the defendants, given due
consideration to this defense as it might affect the punishment of the
individual defendants. It is our view in this respect that justice demands a
fair consideration of the fact that each and all defendants occupied a
subordinate position, being answerable to Himmler, and several of the
defendants were even subordinate to other defendants at bar. Still another defense often asserted is to the effect that if certain events happened, or certain orders or memoranda were issued, the defendant knew nothing of these transactions. Such a defense is of no avail when it appears, as it does in many instances, that the defendant urging such a defense actually issued an order or memorandum, or actually received it, or otherwise had full knowledge, at the time, of the commission of various acts. It has been urged and argued at length that certain territories, such as the Incorporated Eastern Territories of Poland and parts of Luxembourg, Alsace, and Lorraine, were incorporated into the Reich and thereby became a part of Germany during the war. Hence, it is urged, the laws and customs of war are inapplicable to these territories. Any purported annexation of territories of a foreign nation, occurring during the time of war and while opposing armies were still in the field, we hold to be invalid and ineffective. Such territory never became a part of the Reich but merely remained under German military control by virtue of belligerent occupancy. Moreover, if it could be said that the attempted incorporation of territories into the Reich had a legal basis, it would avail the defendants nothing, for actions similar to those occurring in the areas attempted to be annexed also occurred in areas which Germany never professed to have incorporated into the Reich. |
| COUNT THREE |
| Count three of the indictment charges all defendants, except the defendant Viermetz, with membership in a criminal organization, namely, the SS. This charge will be dealt with in passing upon the guilt or innocence of the individual defendants |
| __________ |
| We shall now consider and determine the individual responsibility of the defendants. |
| ULRICH GREIFELT |
| The defendant Ulrich Greifelt, as chief of the Staff Main Office and deputy to Himmler, was, with the exception of Himmler, the |
