Scrapbookpages Blog

August 20, 2012

The ex-post-facto law of “common design” lives on as the “Demjanjuk principle”

Filed under: Holocaust, World War II — Tags: , — furtherglory @ 11:35 am

In today’s news, there is an article about a former Auschwitz guard who is still alive and is now in danger of being prosecuted under the concept of “common design,” an ex-post-facto legal principle that was made up by the Allies after World War II.  The Allies used the “common design” or “common plan” concept to convict anyone who had any connection whatsoever to a concentration camp.  The “common plan” principle was also used at the Nuremberg International Military Tribunal.

I previously blogged about the Demjanjuk case in which the “common plan” law was used.  I predicted that this principle would be used again to convict any German still alive who had any connection, however remote, with the Holocaust.  I also blogged here about the American Military Tribunal which had a 100% conviction rate, using the “common design” principle which has no defense.  Basically, under the “common design” principle, if you were there, you are guilty.  For example, the Commandant of the Buchenwald camp:  I blogged about his conviction here.

The following quote is from the news article about the 87-year-old man who will be the next victim who is brought into a German court on a stretcher to face charges of gassing people at Auschwitz because he was a guard at Auschwitz and he did nothing to stop the gassing.  His only defense will be to prove that he was not a guard at Auschwitz. Will the court have to prove that people were gassed at Auschwitz?  No, of course not.  That is “common knowledge” which does not have to be proved.

The Baden-Württemberg Zentrale Stelle for Nazi prosecutions said its investigation into the man was completed and had been handed to the public prosecutor in Weiden, Bavaria.

The man, who lives outside Germany, worked at the camp from at least April 1944, in closing off ramps leading to gas chambers, in guard duties around the camp, and in shifts on the watchtowers. This is enough to consider him having made a “causal contribution to the murderous crimes,” the Zentrale Stelle report concluded.

The public prosecutor confirmed it had received files which it would take several weeks to check.

Head of the Zentrale Stelle Kurt Schrimm said May’s conviction of Demjanjuk had been crucial to his continued work in putting together this prosecution case. “The verdict of Munich district court burst the dam,” he said.

Before that verdict courts had required proof of individuals personally taking part in a murder to convict them.

But since the conviction of Demjanjuk this is no longer the case. He was convicted of helping to murder at least 28,000 people at Sobibor death camp in Poland simply due to the fact he worked there as a guard.

When will this madness stop?  Never!  There will never be enough Revenge against the German people.  The German people have now been rehabilitated and they are participating in their own demise.