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the established principle of law
that an otherwise permissible act becomes a crime when carried out in a
criminal manner. A close study of the pertinent parts of Control Council Law
No. 10 strengthens the conclusions of the foregoing statements that deportation
of the population is criminal whenever there is no title in the deporting
authority or whenever the purpose of the displacement is illegal or whenever
the deportation is characterized by inhumane or illegal
methods. |
| * * * * * |
| |
“Article II, paragraph 1(c)
of Control Council Law No. 10 specifies certain crimes against humanity. Among
these is listed the deportation of any civilian population. The general
language of this subjection as applied to deportation indicates that Control
Council Law No. 10 has unconditionally contended as a crime against humanity
every instance of the deportation of civilians. Article II, paragraph 1(b)
names deportation to slave labor as a war crime. Article II, paragraph 1 (c)
states that the enslavement of any civilian population is a crime against
humanity. This Law No. 10 treats as separate crimes and different types of
crime 'deportation' to slave labor and ‘enslavement.’ The Tribunal
holds that the deportation, the transportation, the retention, the unlawful use
and the inhumane treatment of civilian populations by an occupying power are
crimes against humanity.” |
In connection with the subject of deportation of civilians from
occupied territory, it is interesting to note that as shown by a document
introduced by the defense, General Thoenissen was dismissed from the service by
the High Command during World War II because of his “refusal to
violate” the laws of war and to deport French workers to Germany.
The deportation of Belgians to Germany also was over the vigorous
protests of the military commander in Belgium, General von Falkenhausen. With
reference to Sauckel’s order introducing a compulsory labor service for
the Belgians, he deposed that “this was done against my explicit and
constant protest for I had various objections against a compulsory labor
allocation and considered it more important to keep the indigenous economy in
motion.”
That the employment of concentration camp inmates under
the circumstances disclosed by the record was a crime there can be no doubt.
The conclusion is inescapable that they were mostly Jews uprooted from their
homes in occupied territories and no less deportees than many of the other
foreign workers who were forcibly brought to Germany. The only difference was
that they |
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