. NMT05-T0920
Volume V · Page 920
| confirmation of the sentence was
the Higher SS and Police Leader as highest court authority in whose
administrative district or section the camp was situated. The limits of criminal responsibility can also be established directly from the Control Council Law No. 10. 1. The "crimes" which are relevant in the proceedings before these military tribunals, are enumerated in the Control Council Law No. 10, Article II, paragraph 1(a) - (d) and comprise 4 groups: (a) crimes against peace; (b) war crimes; (c) crimes against humanity; (d) membership of a criminal group or organization declared criminal by the IMT. The following elaborations are restricted to groups (b) and (c), i.e., war crimes and crimes against humanity. 2. These crimes must be committed "intentionally." In this connection the following is to be taken into consideration: a. As a guiding, and in this case also authoritative, principle Donnedieu de Vabres in his "Modern Principles of International Penal Law," (1929) page 409 states: |
"If there exists one principle of International Penal Law which is above discussion, consecrated as it is by a venerable tradition and by advantages beyond doubt, it is that of the priority of the local law." |
| b. Control Council Law No. 10,
Article II, paragraph 1 defines only the outward extent of offenses.
Anglo-Saxon Law in principle also recognizes the mental aspect of the deed, the
"mens rea" as a requisite for the punishment: "the deed alone does not
constitute guilt unless the mind be likewise guilty." (Stephen, Criminal Law
19th edition 1928, p. 11). But "it is impossible now to apply the maxim with
regard to `mens rea' generally to all statutes, and it is necessary to look at
the object and terms of each act to see whether and how far knowledge or
particular intent is the essence of the offense created," (Archbold's Pleading,
31st edition 1943, pp. 20-21). But in each and every case it must first
be ascertained what is meant by "mens rea." c. The Control Council Law No. 10 does not discuss the question of "mens rea" in the article mentioned. For this reason alone it is indispensable to revert to the principle formulated by Dornedieu de Vabres. Therefore to define "mens rea" more clearly, the law in force at the place of the deed must be decisive, the "loi territoriale." d. "La loi territoriale", the local law under which the defendant Pohl acted is German Law. But this in principle — if there are no special reasons (of which there are none in this case) — recognizes only intentional crimes. e. This is not a requirement specified by a National Socialist |
