Стенограмма Нюрнбергского процесса. Том XXII.
TWO HUNDRED AND THIRTEENTH DAY
Wednesday, 28 August 1946
DR. EGON KUBUSCHOK (Counsel for the Reich Cabinet): … This movement also gripped the old political parties.They dissolved themselves voluntarily. They went even further; they assured Hitler that their former members would loyally collaborate with the National Socialist State; they called upon their former members to do so. The Bavarian People's Party
". . .cleared the way for every former member of their party to collaborate in the construction of the new Germany under Adolf Hitler's direct leadership."
The Catholic Party by its dissolution-I quote-
". . .enabled its supporters to put their forces and experience unreservedly at the disposal of the national front under the leadership of the Reich Chancellor for positive collaboration in the consolidation of our national, social, economic, and cultural life, and to work for the reconstruction of a state order based on law."
Even the Social Democrat Party partly followed, when the provincial committee of the Social Democrat Party of Württemberg suggested to the holders of their mandates
". ..to carry on their activity in such a way as to leave no doubt, as to their national sentiments or their good will to support Germany's new political structure according to the plans of the national revolution."
...The Prosecution pointed out that Himmler in his Posen speech in 1943 stated he was happy to see in this advanced phase of the war that it was no longer possible for the Jews to constitute an internal danger.
Such a statement may, if considered superficially, justify the conclusion that now actually all legislative and administrative measures taken against the Jews to a gradually increasing degree were directed towards achieving the result welcomed by Hitler. Here, however, one will have to differentiate between the restrictions imposed upon the Jews by legislation and what was done to the Jews under Himmler's administration by shutting them up in concentration camps and exterminating them. Only the last-mentioned measures, the segregation of the Jews from the rest of the population, their complete isolation in Polish ghettos and concentration camps, and finally their physical annihilation, constituted what Himmler could consider making the conduct of the war easier. As compared with this, not one of the laws issued by the Reich Cabinet, even the Nuremberg Laws passed by the Reichstag, while undoubtedly unqualified measures of repression, provides for the hermetical sealing-off of the Jews from any association with the rest of the population. The laws finally led to the Jews' being excluded from public positions and the economy and to a restriction of their personal freedom which violates even the most elementary rights of the individual. From their effects it must be recognized that they were aimed at rendering life for the Jews in Germany difficult in every respect. This was coupled with the widely propagated aim of getting Jews to emigrate
...Schlegelberger states that some Party agency, probably the SS Office for Race, intended to remove all partly Jewish persons to the East. In this instance the Ministry of Justice had an opportunity of stating its point of view in connection with a divorce question. The stand he first took, as outlined in the letter addressed to Lammers, and which merely consisted in rejecting the contemplated measure, was of no avail. He therefore felt obliged to moderate the measure by some practical proposal. Hence his proposal, which deals with the prevention of any issue of mixed race, as desired by the Race Office, and which suggests exempting all those persons of mixed race from whom no further offspring can be expected. In this connection, he also proposes that a person of mixed race should be exempted from being sent to the East if he agrees to be sterilized. In considering such a proposal, it is difficult to disregard human sentiments, and to judge it with the objectivity necessary in a trial. But in this instance one can only come to the conclusion that here an attempt was made, admittedly barbaric, to avoid even worse and inescapable measures. Certainly it is a problem to determine how far one may participate in one evil in order to prevent another still greater evil. In any case the motives must be considered here too.
Wednesday, 28 August 1946
DR. EGON KUBUSCHOK (Counsel for the Reich Cabinet): … This movement also gripped the old political parties.They dissolved themselves voluntarily. They went even further; they assured Hitler that their former members would loyally collaborate with the National Socialist State; they called upon their former members to do so. The Bavarian People's Party
". . .cleared the way for every former member of their party to collaborate in the construction of the new Germany under Adolf Hitler's direct leadership."
The Catholic Party by its dissolution-I quote-
". . .enabled its supporters to put their forces and experience unreservedly at the disposal of the national front under the leadership of the Reich Chancellor for positive collaboration in the consolidation of our national, social, economic, and cultural life, and to work for the reconstruction of a state order based on law."
Even the Social Democrat Party partly followed, when the provincial committee of the Social Democrat Party of Württemberg suggested to the holders of their mandates
". ..to carry on their activity in such a way as to leave no doubt, as to their national sentiments or their good will to support Germany's new political structure according to the plans of the national revolution."
...The Prosecution pointed out that Himmler in his Posen speech in 1943 stated he was happy to see in this advanced phase of the war that it was no longer possible for the Jews to constitute an internal danger.
Such a statement may, if considered superficially, justify the conclusion that now actually all legislative and administrative measures taken against the Jews to a gradually increasing degree were directed towards achieving the result welcomed by Hitler. Here, however, one will have to differentiate between the restrictions imposed upon the Jews by legislation and what was done to the Jews under Himmler's administration by shutting them up in concentration camps and exterminating them. Only the last-mentioned measures, the segregation of the Jews from the rest of the population, their complete isolation in Polish ghettos and concentration camps, and finally their physical annihilation, constituted what Himmler could consider making the conduct of the war easier. As compared with this, not one of the laws issued by the Reich Cabinet, even the Nuremberg Laws passed by the Reichstag, while undoubtedly unqualified measures of repression, provides for the hermetical sealing-off of the Jews from any association with the rest of the population. The laws finally led to the Jews' being excluded from public positions and the economy and to a restriction of their personal freedom which violates even the most elementary rights of the individual. From their effects it must be recognized that they were aimed at rendering life for the Jews in Germany difficult in every respect. This was coupled with the widely propagated aim of getting Jews to emigrate
...Schlegelberger states that some Party agency, probably the SS Office for Race, intended to remove all partly Jewish persons to the East. In this instance the Ministry of Justice had an opportunity of stating its point of view in connection with a divorce question. The stand he first took, as outlined in the letter addressed to Lammers, and which merely consisted in rejecting the contemplated measure, was of no avail. He therefore felt obliged to moderate the measure by some practical proposal. Hence his proposal, which deals with the prevention of any issue of mixed race, as desired by the Race Office, and which suggests exempting all those persons of mixed race from whom no further offspring can be expected. In this connection, he also proposes that a person of mixed race should be exempted from being sent to the East if he agrees to be sterilized. In considering such a proposal, it is difficult to disregard human sentiments, and to judge it with the objectivity necessary in a trial. But in this instance one can only come to the conclusion that here an attempt was made, admittedly barbaric, to avoid even worse and inescapable measures. Certainly it is a problem to determine how far one may participate in one evil in order to prevent another still greater evil. In any case the motives must be considered here too.