War crime trials, Judicial proceedings, Law & legal affairs, Nuremberg, War crimes
In this document Paul M. Hebert dissented from the majority conclusions made in the Judgment by Military Tribunal IV on Count Three of the Indictment USA vs. Carl Krauch. Under this count all defendants were charged with: commission of war crimes and crimes against humanity through participation in enslavement and forced labor of the civilian population of countries and territories occupied or controlled by Germany; the enslavement of concentration-camp inmates, including Germans, within Germany; and the use of prisoners of war in war operations and work having a direct relation to war operations. Additionally, defendants were charged with the mistreatment, terrorization, torture and murder of enslaved persons. Paul M. Hebert strongly opposed the majority decision to apply the defense of necessity in the cases of fifteen members of I.G. Farben Vorstand: Schmitz, Schnitzler, Buergin, Haefliger, Ilgner, Jaehne, Oster, Gajewski, Hoerlein, Knieriem, Schneider, Kuehne, Lautenschlaeger, Mann, and Wurster. Although Paul M. Hebert recognizes that the utilization of slave labor was imposed on I.G. Farben plants by the strict labor policy of the Reich, he argued that this fact does not relieve the defendants of the moral responsibility to diverge from governmental solutions. Paul M. Hebert stated that the utilization of slave labor at I.G. Farben plats was generally known and accepted as Farben policy by all of the defendants, and as such was approved as only mean to maintain war production. For this reason, Paul M. Hebert argued that all defendants that were members of the I.G. Farben Vorstand who set this policy should be found guilty on Count Three of the indictment as recognized in Control Council Law No. 10.
Paul Macarius Hebert,
Nuremberg Trials Documents
Available at: http://digitalcommons.law.lsu.edu/nuremberg_docs/46