THE GERMAN MILITARY CODE
R,—Referring to Mr. Harold Nicolson's timely warning about the ming arguments of the military commanders responsible' for the shoot- g of the fifty Allied officers by the Gestapo, al may state that the erman Military Code establishes their responsibility absolutely. The estapo could not hive acted without the consent or co-operation of the igh Command, which is responsible for military prisoners of war. In s respect § '55 of the Penal Code of October loth, 1940, states: "During a war which has broken out against the German Reich all persons who stand in a relation of duty or obedience to the armed forces or 'who are otherwise attached to them are subject to the penal provisions of this law and in particular of military law in so far as the commanders of the army units concerned or the Commander- in-Chief of the armed forces have made this provision for the sphere of their command."
As to crimes committed under command, the Penal Code says in de 47: " I. If the penal code is violated as the result of the execution of an order given in pursuance of duty, then the authorised superior issuing the order is alone responsible. The subordinate executing the order is, however, liable as an accessory: (t) if he exceeds his orders ; or (2) if he is aware that the order of his superior is an act involving a common or military crime or offence. II. Where the fault of the subordinate is slight, no punishment need be imposed."
do not assume that the Allied judges will be more lenient than the emian Military Penal Code. On the other hand, Mr. Nicolson has fallen German propaganda : he speaks of a mixed population of " over 8o 'lions." Can't we stick to the Versailles frontiers, where the popula- of Germany was 65 millions. Otherwise the pan-German claim at all German-speaking people should be looked upon as German nonals may gain ground.—Yours faithfully, WALTER LOEB. 39 Berkeley Court, Baker Street, London, N W. r.
Previous page
