 |
by it [his country], but there, too, I submit to Your Honors that
that is an attitude for which nobody in good faith is entitled to blame him.
The International Military Tribunal recognized this view when, in the
ground for its judgment concerning the defendant Speer, it stated:
|
| |
"His activities in charge of
German armament production were in aid of the war effort in the same way that
other productive enterprises aid in the waging of war; but the Tribunal is not
prepared to find that such activities involve engaging in the common plan to
wage aggressive war as charged under count one, or waging aggressive war as
charged under count two." * |
As far as the charges under count two of the indictment are
concerned, I can leave their discussion to those of my colleagues whose clients
were engaged in the negotiations which led to the arrangements the prosecution
styles "plunder and spoliation." The evidence introduced by the prosecution
does not bear out this contention.
Turning to count three of the
indictment, my client assumes the responsibility for the Wolfen-Film plant
whose immediate head he was. As far as the employment of foreign labor, inmates
of prisons and inmates of concentration camps as such is concerned, I
respectively submit to Your Honors that this fact alone, in view of German
legislation and the war situation, cannot be considered as a sufficient basis
for justifying criminal proceedings against my client. The legal problems
relevant in this connection will be discussed at length by my colleagues. The
defense is in a position to introduce evidence to prove that my client acted in
such a way that no other decent man in his position, at the same period and
under the same circumstances, could have acted differently. We are able to
prove, too, that conditions of work, and the food and housing situation of all
persons working at the Wolfen-Film plant were such that one cannot contend they
were bad. Dr. Gajewski did all in his power and issued instructions to the
effect that [workers] especially foreign workers received decent treatment and
were cared for to the extent that prevailing circumstances allowed. As far as
the concentration camp inmates (a few hundred women from Ravensbrueck) were
concerned, they certainly preferred their work at the Wolfen-Film plant to the
Ravensbrueck camp. They were not engaged in heavy work; the work was the same
[as work] performed before by free German women. As to the other plants
|
__________
* Trial of the Major War Criminals,
volume I, pages 330-331.
242 |
. 
