The Mazal Library

©MAZAL LIBRARY

NMT05-T1171

NUERNBERG MILITARY TRIBUNAL
Volume V · Page 1171

"I did not have anything to do with the personnel of concentration camps. For this, there was a special personnel office within department D."

"It is true that I signed Exhibit X, but this letter was dictated by another."

"I did sign these orders of transfer, but they are really extracts from an order issued by the Main Office. I merely had to perform the subordinate function of passing on these excerpts."

"There were hardly any administrative tasks left which still needed to be dealt with."

"I had no insight into the activities of other departments."

"Nothing which had to do with administration proper belonged to his sphere of responsibility. There were other departments between him and the concentration camps which were responsible."

"It is correct, that on the plan of organization he appears as such, but no letter of appointment has been submitted."

These contentions, if true, go only to the extent of participation, by the several defendants. They serve, not as alibis, but as extenuating circumstances, at best. The most that they could do would be to exert a sort of centrifugal force in removing the defendant from the vortex of the criminal project toward, but not beyond, its perimeter.

In its original judgment the Tribunal indicated (Tr. p. 8079) that it "realized the necessity of guarding against assuming criminality, or even culpable responsibility, solely from the official titles which the several defendants held". This should not be interpreted to mean, however, that the fact that a defendant occupies an important organizational position is of no consequence and has no probative value. People are placed in high positions for the purpose of exercising authority and performing duties pertaining to that position. If a man is designated as a purchasing agent, it can be fairly assumed that his duties and powers pertain to the making of purchases. If a defendant is designated as head of an Amtsgruppe, it is logical to assume that this was done with a purpose and that he was expected and authorized to perform the functions of an Amtsgruppe chief, and not merely to occupy an office with no duties or responsibilities or authority.

Several defense counsel have urged the contention that other persons, more responsible than their clients, have not been indicted or tried, and one has even gone so far as to suggest that his client should not be tried or sentenced unless and until his superior officer has been indicted and tried and judgment entered against him, a situation which might never arise. This results in

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