. NMT05-T0001
Volume V · Page 1
| VI. GENERAL DEFENSES AND
SPECIAL ISSUES |
| A. Introduction |
| The opening statement of the prosecution
(sec. III A, Vol. IV) contains argument on the broader aspects of the case and
defines, the charge that the defendants were involved in the premeditated plan
for the destruction of entire national and ethnic group (genocide). Since that
part of the opening statement contain pertinent quotations from several
documents which were late. submitted, those documents are not reproduced here.
For example : The treaties issued by the Office for Racial Policy of the Nazi
Party in November 1939, under the title, "The Problem of the Manner of Dealing
with the Population of former Polish Territories on the Basis of
Racial-Political Aspects" (NO-3732 Ex. 82); Himmler's memorandum,
"Reflection on the Treatment of Peoples of Alien Races in the East"
(NO-1880, Pros. Ex. 84); and the "General Plan East," a document drawn
up the defendant Meyer-Hetling (NO-2255, Pros. Ex. 90). The defense dealt with various problems concerning broader aspects of the case in almost all the final statements and in its closing briefs. Documentary evidence was submitted by the defense, and the defendants when testifying stated their position on these various subjects. The Tribunal also heard testimony of several defense witnesses concerning general defenses and special issues. In sections B 1 through B 7, selections from these arguments and evidence of the defense are set forth on the following subjects: Genocide — Defense counsel for the defendant Greifelt dealt with genocide in his opening statement, (sec. III B, Vol. IV). He alleged that the legal concept of genocide had not yet been formulated by any of the authoritative international organizations at the time of the alleged criminal conduct, or even at the time of the trial, and hence that a charge of genocide could not be considered legally valid. He introduced an extract from the Munich newspaper, "Neue Zeitung" 14 July 1947, which has been set forth on pp. 3 to 4. An extract from the opening statement for the defendant Brueckner on the same subject follows on pp. 4 to 5. Historical Background of German-Polish Relations — The defense argued that the methods of the German authorities in Poland, Germanization, resettlement, etc., were justified and |
