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Volume VI · Page 1185
| and criticized that doctrine in his presentation. But, with that one
notable omission, the rest of it has a highly familiar ring; when I read it, I
had the same "peculiar, uncanny sort of feeling" which Dr. Kranzbuehler's
client, Burkart, says he felt whenever concentration camps were mentioned. And
it is this kind of law in fact which we are asked to accept as being suited to
restore the German faith in justice. In the same breath, we are warned that the
"Nuernberg administration of justice" is following a "horrifying erroneous
course" which is "bound to end in nihilism." This, we are told, is bound to
result from any qualification of the proposition that a man is bound to follow
the policies laid down by his government even to the extent of committing what
he knows to be serious crimes under recognized general principles of law. It
seems to me again that Dr. Kranzbuehler has overlooked some very recent
history. Germany has just passed 12 years under a legal regime which required
just this unquestioning and unthinking obedience, and which enacted a great
number of criminal laws and decrees. I will not say that, under these
circumstances, the slavish adherence to Dr. Kranzbuehler's legal precepts ended
in nihilism, but it certainly ended in something very shattering and disastrous
indeed. I should think that, after such unhappy experiences, defense counsel
might at least consider the possible merits of another point of view.
Your Honor, the balance of what we have to say in conclusion will be contained in the briefs. That is all. |
|
| X. FINAL STATEMENT BY DEFENDANT FLICK ON BEHALF OF ALL DEFENDANTS* | |
| PRESIDING JUDGE SEARS: As I had begun to say, the case is now
completed so far as the presentation of the evidence is concerned and so far as
the argumentation is concerned. The rules under which we are acting allow the
defendants to make a statement not under oath, freely, not under oath and not
as witnesses, and We are ready to hear the defendants in such order as they see
fit. DR. DIX (counsel for the defendant Flick) : With reference to this last statement, I would ask the Tribunal to take note of the fact that only Dr. Flick intends to speak and that he is speaking for his associates at the same time. PRESIDING JUDGE SEARS: Well, the defendant Flick may stand at the counsel's desk. You may stand at the counsel's desk and speak from there. DEFENDANT FLICK: May it please the Tribunal. For my friends indicted with me and for myself, I should like |
* Complete final statement is recorded in the mimeographed record, 29 November 1947, pages 10970-10073.
