. ©MAZAL LIBRARY

NMT09-T0208


. NUERNBERG MILITARY TRIBUNAL
Volume IX · Page 208
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Table of Contents - Volume 9
[contra…] dictory attitudes adopted by the Control Council powers. There is the tremendous danger that in spite of the formal and apparent maintenance of the principle of individual criminal responsibility, such responsibility may actually be established merely on the basis of the fact that a person adheres to a certain “system,” and that thus penal justice may be faced with a task in which in view of its essence it must necessarily fail. The more powerful and contradictory the political ideologies are, on which the world powers opposing each other in Germany base their administration of justice, the greater is the danger of responsibility being based on the fact that a person belongs to a certain “group“ or “system” designated by these ideologies, and the more impossible is the task of establishing criminal discriminations merely on account of a tragic connection with world development of historical importance which can only be judged by the future course of history. 
 
K. Opening Statement for the Defendant von Buelow* 
 
DR. POHLE: Your Honors. In the opening statements reference is made more than once to the fact that the defense intends to deal first of all with the arguments connected with count one, preparation for and participation in aggressive war. That part of the argument which I have undertaken to deal with can be summed up in the concept, support given to the National Socialist Party by industry and the firm of Krupp before and after the seizure of power. This does not mean that my client, Friedrich von Buelow, had any special part in the relations between the National Socialist Party and the firm of Krupp, between national socialism and industry. He played neither a greater nor a smaller part in shaping or not shaping these connections than did any of the other defendants here before you. Maybe the prosecution deduces that such connections did exist from the fact that some of the defendants sat on committees and other bodies of industrial groups or associations which the prosecution thinks fit to regard as typically National Socialist organizations. Friedrich von Buelow, too, was a member of a small number of committees of a district group, a district subdivision of the Economic Group Iron Producing Industry. He was only one among the many representatives from other industries, and his main task consisted in arranging the meetings, and, to some extent in the exchange of experimental data with the other representatives. The prosecution describes this activity as extremely risky,
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* Opening statement is recorded in mimeographed transcript, 23 March 1948, pp. 4821 4836.  
 
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