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simultaneously he was leader of
the Administration District Danzig-West Prussia of the Allgemeine SS and deputy
of the RKFDV. From 20 April 1943 to the end of the war, he was chief of RuSHA.
From 1939 to 1945, while serving in these capacities, he was deeply implicated
in many measures put into force in the furtherance of the Germanization
program, as has heretofore been set forth in detail in this judgment. By an
abundance of evidence, it has been established beyond a reasonable doubt that
the defendant Hildebrandt actively participated in and is criminally
responsible for the following criminal activities: the kidnaping of alien
children; forcible abortions on Eastern workers; taking away infants of Eastern
workers; the illegal and unjust punishment of foreign nationals for sexual
intercourse with Germans; hampering the reproduction of enemy nationals; the
forced evacuation and resettlement of populations; the forced Germanization of
enemy nationals; and the utilization of the enemy nationals as slave labor.
Hildebrandt, as the sole defendant, is charged with special
responsibility for and participation in the extermination of thousands of
German nationals pursuant to the so-called "Euthanasia program." It is not
contended that this program, insofar as Hildebrandt might have been connected
with it, was extended to foreign nationals. It is urged by the prosecution,
however, that notwithstanding this fact, the extermination of German nationals
under such a program constitutes a crime against humanity; and in support of
this argument the prosecution cites the judgment of the International Military
Tribunal as well as the judgment in the case of the United States of America
vs. Brandt, Case No. 1. Neither decision substantiated the contention of
the prosecution. For instance, in holding defendants guilty in the Brandt
judgment, the Tribunal expressly pointed out that the defendants, in
participating in this program, were responsible for exterminating foreign
nationals. The Tribunal expressly stated: |
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"Whether or not a state may validly
enact legislation which imposes euthanasia upon certain classes of its citizens
is likewise a question which does not enter into the issues. Assuming that it
may do so, the Family of Nations is not obliged to give recognition to such
legislation when it manifestly gives legality to plain murder and torture of
defenseless and powerless human beings of other nations.
"The evidence
is conclusive that persons were included in the program who were non-German
nationals. The dereliction of the defendant Brandt contributed to their
extermination. That is enough to require this Tribunal to find that he is
criminally responsible in the program." |
161 |