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Volume V · Page 1208
| been discussed in the Hohberg
Judgment and need not be repeated here. The Tribunal here finds that in each
instance of comparison drawn by defense counsel, the conclusions reached by the
Tribunal were based on the record. In his brief, defense counsel says: |
"There is no proof for the assertion that Baier's functions embraced the carrying out of the slave labor program. The individual cases cited by the Tribunal in proof thereof clearly disclose that there were either special orders given to Baier by Pohl which did not fall within the field of work of my client, or that they did not concern any activity on the part of Baier but merely his taking notice of them." |
| Here defense counsel is relying on the
defense of superior orders, but superior orders do not constitute a defense,
although they may be pleaded in mitigation of punishment. That mitigation has
been considered and passed on. It is strenuously argued by defense counsel that Baier was entirely ignorant of concentration camp atrocities. Concentration camp inmates were being used by SS industries without remuneration. In their work they were abused, maltreated, starved, and some killed, either because of ill treatment, lack of care, or through punitive companies. Much of this was done for the industries controlled and directed by staff W. Yet it is argued that those who directed the enterprises but had no contact with the inmates are not guilty of war crimes or crimes against humanity. A machinery of misery and destruction is put into operation and yet no one seems to be responsible for the resulting physical and moral devastations except perhaps Pohl. It is admitted by counsel that Baier knew the prisoners did not receive wages. Being prisoners he knew they were deprived of their liberty. And all this adds up to slavery. But defense counsel says that Baier was a soldier in time of war and he could not resign without risking life and liberty. But there is no evidence that he protested his work, nor is there any evidence that he tried to get out of it, or that he did it with lack of enthusiasm. He joined the Nazi Party as far back as 1933, so it must be assumed he knew of Nazi policies and that he approved of them. Thus it is too late for him now to say there was nothing for him to do. Not all the Germans in Germany are in prisoners' docks or felons' cells. The vast population is free. They stayed out of trouble, they did not commit war crimes and crimes against humanity. That possibility was open also to Baier, as it was open to all others, but he chose the fruits and the glory of National Socialism, and as a consequence he finds himself in his present position. |
