 |
“closing of the eyes” or “turning away” could be
punishable only if the defendant had realized at least the possibility of a
criminal effect and of preventing if by his intervention and if, furthermore,
he had approved of said effect.
8. The defendants may advance the plea
of necessity in all cases where, by omitting a specific activity or by
interfering with such activity, they would have been in clear opposition to
measures of the Nazi authorities.
9. It is therefore the position of
the defense that even if — contrary to their opinion — certain
activities of one or several defendants directly involved should be considered
criminal, no criminal responsibility of the other defendants can be assumed in
any such case on the basis of all the aforementioned observations.
This, Your honors, brings me to the end of my closing statement
covering the general subjects of the relevancy of the prosecution’s
evidence under count one and five, and the general theory of responsibility. I
am afraid that I took up Your Honors’ time in indulging in rather
extensive legal arguments. But I thought it proper and fitting to do so to the
best of my ability, as in my humble opinion the incredibly vast amount of
evidence which kept pouring in during these past months at times nearly
engulfed certain simple and basic legal rules long ago conceived by men free
from feelings of vengeance and dedicated to that noble cause which so
frequently has been abused, for which so many gave the last full measure of
devotion, and which alone may revive in its the hope that, after all, human
dignity will not perish from the earth, and this harassed world of ours will
see a rebirth of freedom — the cause of justice. |
| |
| |
| F. Closing Statement for the Prosecution* |
| |
| BRIGADIER GENERAL TAYLOR: Mr. President and Members of the
Tribunal! |
| |
| I. INTRODUCTION |
| |
| In summing up at the close of this trial, the prosecution finds the
case in such a posture as precludes any necessity for an extensive rehearsal of
the evidence or restatement of the law. The evidence has, we believe, been well
and truly translated and reported — thanks to the care and precision of
the many persons who have worked so hard to bring that about — and the
record not only provides an accurate and clear foundation for the grave purpose
of the Tribunal’s judgment, but will stand the close scrutiny of the many
persons in years to come who will seek to test the Tribunal’s judgment
against the record. |
__________
* Recorded in mimeographed
transcript, 10 June 1946, page 1539.
988 |
. 
