Judge Haywood: Herr Rolfe, in his skillful defense, has asserted that there are others who must share the ultimate responsibility for what happened here in Germany. There is truth in this. The real complaining party at the bar in this courtroom is civilization. But the tribunal does say that the men in the dock are responsible for their actions. Men who sat in black robes, in judgment on other men. Men who took part in the enactment of laws and decrees, the purpose of which was the extermination of human beings. Men who, in executive positions, actively participated in the enforcement of these laws, illegal even under German law.
The principle of criminal law in every civilized society has this in common: any person who sways another to commit a murder, any person who furnished the lethal weapon for the purpose of the crime, any person who is an accessory to the crime, is guilty.
Herr Rolfe further asserts that the defendant Janning was an extraordinary jurist and acted in what he thought was the best interest of his country. There is truth in this also. Janning, to be sure, is a tragic figure. We believe he loathed the evil he did. But compassion for the present torture of his soul must not beget forgetfulness of the torture and the death of millions by the government of which he was part.
Janning’s record and his fate illuminate the most shattering truth that has emerged from this trial. If he, and all of the other defendants, had been degraded perverts, if all of the leaders of the Third Reich had been sadistic monsters and maniacs, then these events would have no more moral significance than an earthquake, or any other natural catastrophe. But this trial has shown that under a national crisis, ordinary, even able andextraordinary men, can delude themselves into the commission of crimes, so vast and heinous that they beggar the imagination. No one who has sat through the trial can ever forget them. Men sterilized because of political belief. A mockery made of friendship and faith. The murder of children. How easily it can happen.
There are those in our own country too, who today speak of the protection of country, of survival. A decision must be made in the life of every nation. At the very moment when the grasp of the enemy is at its throat, then it seems that the only way to survive is to use the means of the enemy, to rest survival upon what is expedient, to look the other way. Well, the answer to that is… survival as what? A country is not a rock. It’s not an extension of one’s self. It’s what it stands for. It’s what it stands for when standing for something is the most difficult. Justice, truth, and the value of a single human being.
Herr Janning, it came to that the first time you sentenced a man to death you knew to be innocent.