Vae victis!

[Eriugena]

Anyone approaching the subject of holocaust revisionism needs to study the sources for the claims made, the Nuremberg proceedings and the lesser trials by the allies but also one needs to look at the nature of the contemporary German state and how it came about. In particular one needs to understand why it is effectively impossible to mount a proper defence if you are charged with NS period crimes as well as it being impossible to inquire and discuss freely and properly the facts of the holocaust story.

What follows below was originally posted at the Revisionist Forum by ClaudiaRothenbach and it shows how the German state and every German court is bound by allied imposed laws to accept as incontestable fact all the findings and judgements of the allied trials in the post-1945 period.

This means that even with the best will in the world, no German court could accept a defence which contests the factuality of any of the bizarre and impossible claims made at Nuremberg. If a chemistry expert comes forward to testify as to the impossibility of the gassing stories as they stand, not only will his evidence be rejected but he too will face criminal prosecution. This is precisely the situation of research chemist Germar Rudolf who now lives in exile. Many others who challenge the holocaust story are either in jail or living in exile.
(see the post by ClaudiaRothenbach and Fugazi’s translation at the Revisionist Forum http://www.yourforum.org/revforum/viewtopic.php?t=1235&highlight=germany )

Gerd Schultze-Rhonhof
June 2003

Contracts on the binding nature of the judgements of the Nuremberg Trials

"Contract on the settling of questions arising from the war and occupation as at 26 May 1952"

So-called "Handover contract"

Article 7

(1) All judgements and decisions in criminal cases already made or made in future by a court of the 3 Powers or of one of those powers, remain in every respect in force according to German law and are to be treated accordingly by German courts and government departments. (End Article 7(1))

Source: Federal Law Publication Part II (International Contracts) 1955, Nr. 8, Bonn, 31. March 1955, "Contract on the settling of questions arising from the war and occupation", First Part including Article 7 (page 413)


Explanation:

The judgements of the International Military Tribunals of the victorious powers in Nuremberg in the so-called Nuremberg Trials are judgements and decisions in the sense of Article 7(1) above.

German culture ministries and subordinate positions are government departments in the sense of Article 7(1) above. They provide the acceptable guidelines for teaching at universities and schools and issue permits for the resources used in teaching, including school history books.

The International Military Tribunal in Nuremberg was, according to Article 19 of its statutes, not bound by the rules of evidence. According to Article 20 of the same statutes, the Tribunal could decide whether evidence was admissable or not. In this way, evidence brought by the defence was often not considered in the judgement statements of the Tribunal.

The judgement statements of the Nuremberg Tribunal include representations of events regarding the causes of the Second World War and the behaviour of the German armed forces in the Second World War. These representations of events are part of the judgements. According to Article 7(1) they are not open to dispute by German courts and government departments, even by the presentation of new evidence. The culture ministries are also bound by this article, with reference to the school book contents.

This legal situation was confirmed again in 1990 and extended to cover the new German states (former east Germany). In connection with the 2-plus-4 contract of 1990, the following agreement was made between the Federal Republic of Germany and the 3 powers on the 27th/28th of September 1990:

"Agreement of 27/28. 9. 1990"

1. (Complete suspension of the so-called Germany Contract)

2. (Part suspension of the so-called Handover Contract)

3. However, the following conditions of the Handover Contract remain in force: First Part: (Single clauses from Articles 1 through 5) Article 7 Clause 1.

Source: Federal Law Publication II page 1386.

Explanation: Because the validity of Article 7(1) of the Handover Contract is maintained in the Agreement in Connection with the 2-plus-4 Contract, the judgements and decisions of the Nuremberg International Military Tribunal, including the findings regarding prewar and wartime history, remain binding for the German authorities.

This subject is included among other subjects in the following books:

German Naval Rearmament in the Years from the Treaty of Versailles to the Beginning of the Second World War, and its Representation and Treatment in the Nuremberg Trial of 1945/6, Carl Dreessen, Verlag E. S. Mittler, Hamburg 2000 (page 293)

1939, The War with Many Fathers: the Long Run-up to the Second World War, Gerd Schultze-Rhonhof, OLZOG-Verlag, Munich 2003 (page 12F)

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