IV. _Concerning the Sentence of the Defendant Rudolf Hess_

The Judgment of the Tribunal correctly and adequately portrays the

outstanding position which Rudolf Hess occupied in the leadership of the

Nazi Party and State. He was indeed Hitler’s closest personal confidant

and his authority was exceedingly great: In this connection it is

sufficient to quote Hitler’s decree appointing Hess as his deputy: “I

hereby appoint Hess as my deputy and give him full power to make

decisions in my name on all questions of Party leadership” (Transcript,

Afternoon Session, 7 February 1946).

But the authority of Hess was not only confined to questions of Party

leadership.

The official NSDAP publication _National Socialist Year Book for 1941_

states that:

“In addition to the duties of Party leadership, the deputy of

the Führer has far-reaching powers in the field of the State.

These are: First—participation in national and state

legislation, including the preparation of the Führer’s order.

The deputy of the Führer in this way validates the conception of

the Party . . . Second—approval of the deputy of the Führer of

proposed appointments for official, and labor service leaders.

Third—securing the influence of the Party over the

self-government of the municipal units.” (USA-255, PS-3163)

Hess was an active supporter of Hitler’s aggressive policy. The Crimes

against Peace committed by him are dealt with in sufficient detail in

the Judgment. The mission undertaken by Hess in flying to England should

be considered as the last of these crimes, as it was undertaken in the

hope of facilitating the realization of aggression against the Soviet

Union by temporarily restraining England from fighting.

The failure of this mission led to Hess’s isolation and he took no

direct part in the planning and commission of subsequent crimes of the

Hitler regime. There can be no doubt, however, that Hess did everything

possible for the preparation of these crimes.

Hess, together with Himmler, occupied the role of creator of the SS

police organizations of German fascism which afterwards committed the

most ruthless Crimes against Humanity. The defendant clearly pointed out

the “special tasks” which faced the SS formations in occupied

territories.

When the Waffen SS was being formed Hess issued a special order through

the Party Chancellery which made aiding the conscription of Party

members into these organizations by all means compulsory for Party

organs. He outlined the tasks set before the Waffen SS as follows:

“The units of the Waffen SS composed of National Socialists are more

suitable than other armed units _for the specific tasks to be solved in

the occupied Eastern territories_ due to the intensive training in

regard to questions of race and nationality” (GB-267, PS-3245).

As early as 1934 the defendant initiated a proposal that the so-called

SD under the Reichsführer SS (Security Service) be given extraordinary

powers and thus become the leading force in Nazi Germany.

On 9 June 1934 Hess issued a decree in accordance with which the

“Security Service of the Reichsführer SS” was declared to be the “sole

political news and defense service of the Party” (GB-257).

Thus the defendant played a direct part in the creation and

consolidation of the system of special police organs which were being

prepared for the commission of crimes in occupied territories.

We find Hess to have always been an advocate of the man-hating “master

race” theory. In a speech made on 16 January 1937 while speaking of the

education of the German Nation, Hess pointed out: “_Thus, they are being

educated to put Germans above the subjects of a foreign nation_,

regardless of their positions or their origin” (GB-253, PS-3124).

Hess signed the so-called “Law for the Protection of Blood and Honor” on

15 September 1935 (USA-200, PS-3179). The body of this law states that

“the Führer’s deputy is authorized to issue all necessary decrees and

directives” for the practical realization of the “Nuremberg decrees”.

On 14 November 1935, Hess issued an ordinance under the Reich

citizenship law in accordance with which the Jews were denied the right

to vote at elections or hold public office (GB-258, PS-1417).

On 20 May 1938 a decree signed by Hess extended the Nuremberg laws to

Austria (GB-259, PS-2124).

On 12 October 1939 Hess signed a decree creating the administration of

Polish occupied territories (_Reichsgesetzblatt_, No. 210, 1939, p.

2077). Article 2 of this decree gave the Defendant Frank the power of

dictator.

There is sufficiently convincing evidence showing that this defendant

did not limit himself to this general directive which introduced into

the occupied Polish territories a regime of unbridled terror. As is

shown in the letter of the Reichsminister of Justice to the Chief of the

Reich Chancellery dated 17 April 1941, Hess was the initiator in the

formation of special “penal laws” for Poles and Jews in occupied Eastern

territories. The role of this defendant in the drawing up of these

“laws” is characterized by the Minister of Justice in the following

words:

“In accordance with the opinion of the Führer’s deputy I started

from the point of view that the Pole is less susceptible to the

infliction of ordinary punishment . . . . Under these new kinds

of punishment, prisoners are to be lodged outside prisons in

camps and are to be forced to do heavy and heaviest labor

. . . . The introduction of corporal punishment, which the

deputy of the Führer has brought up for discussion has not been

included in the draft. I can not agree to this type of

punishment . . . . The procedure for enforcing prosecution has

been abrogated, for it seemed intolerable that Poles or Jews

should be able to instigate a public indictment. Poles and Jews

have also been deprived of the right to prosecute in their own

names or join the public prosecution in an action . . . . From

the very beginning it was intended to intensify special

treatment in case of need: When this necessity became actual a

supplementary decree was issued to which the Führer’s deputy

refers to in his letter . . . .” (GB-268, R-96)

Thus, there can be no doubt that Hess together with the other major war

criminals is guilty of Crimes against Humanity.

Taking into consideration that among political leaders of Hitlerite

Germany Hess was third in significance and played a decisive role in the

crimes of the Nazi regime, I consider the only justified sentence in his

case can be death.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 01 · 第 195 / 199 题