Scrapbookpages Blog

September 19, 2012

By what authority does Germany have the right to try non-German citizens?

Filed under: Germany, Holocaust — Tags: , , — furtherglory @ 6:24 pm

According to a news article, which you can read here, German prosecutors are investigating an 87-year-old suspect who has been accused of “involvement” in mass murder at Auschwitz. The suspect is not German and he is not currently living in Germany.  [Update July 5, 2014: This must be Johann Breyer.]

This quote is from the news article:

[The unnamed suspect] was allegedly a camp guard in 1944, when about 344,000 Jews from Hungary were murdered in the Auschwitz-Birkenau gas chambers in occupied Poland.

Prosecutors in Weiden, Bavaria, are to decide whether to charge him and try to bring him to Germany to face trial.

The man is believed to have lived in the Weiden area before going abroad after World War II.

German officials have not named him, but the Sueddeutsche Zeitung news website says the suspect is believed to be a Slovak now living in Philadelphia, in the US.

The chief prosecutor at Germany’s office investigating Nazi war crimes, Kurt Schrimm, said details on the suspect came to light during the high-profile Demjanjuk investigation.

In March this year Ukrainian-born John Demjanjuk, found guilty for his role as a Nazi guard at the Sobibor death camp, died aged 91. He had been sentenced to five years in prison by a German court in May 2011.

In answer to my question in the title of my blog post, the Demjanjuk trial set a precedent. John Demjanjuk was sent to Germany for trial; he was convicted by a German court, under the “common design” theory of guilt. This precedent now gives German courts the right to bring suspects, living in America, to trial in a German court.

There is no defense against the “common design” charge, so anyone who is put on trial in Germany under this charge will be automatically convicted.  The “common design” theory of guilt means that a suspect is guilty if it can be proved that he was there when Jews died during the Holocaust. Just being a guard in a “death camp” is enough to be proven guilty, even though the suspect had nothing to do with the deaths of the Jews.

Why even bother to send this man to Germany for trial?  Just put him in prison in America.  Unless, of course, he is too old for prison, in which case, he can be put into a nursing home in America until he dies of old age.

BTW, the estimate of 344,000 Hungarian Jews, who died at Auschwitz, is  very low.  Since the exact number is unknown, why not go with a higher estimate?  I would not go below 400,000.  Some Holocaust experts claim that over 500,000 Hungarian Jews were killed in the Holocaust.


  1. The Sheppard and Whittle saga is compounded by their flight from Leeds the week before their sentencing. They flew to Los Angeles and requested political asylum after their plane touched down at LAX. They were held for eight months in the Santa Ana city jail while awaiting two hearings and then deported back to Britain. The MSM avoided covering their story until a couple of weeks before they were deported. The LA Times and the Orange County Register then ran two predictably unfavorable articles about their plight. Their website is hosted in Torrence, CA where it’s contents are protected by the 1st Amendment. This makes their “inciting race hatred” in England an interesting and complex digital information issue. One of the things they got in trouble with the British authorities for was posting two racially charged cartoons by Robert Crumb. Scholarly analysis AND bad taste are weapons favored by political dissidents which what Simon Sheppard and Steven Whittle consider(ed) themselves.

    Comment by who dares wings — September 22, 2012 @ 6:03 pm

  2. Am I right in thinking, that Greater Israel (often refer to as Germany), maintains the right to prosecute anyone, anywhere, who promotes Ho£ocaust denial on any medium which can be accessed in Germany, i.e. the web ???

    Comment by The Black Rabbit of Inlé — September 20, 2012 @ 6:49 pm

    • You are correct. Ernst Zündel was subjected to “extraordinary rendition” whereby he was taken to Germany for trial because a website, hosted in America, and maintained by his American wife, contained Holocaust denial which could be read in Germany. Germar Rudolf was also renditioned from America to Germany because his website, hosted in America, could be read in Germany. Technically, I could be renditioned to Germany for trial because my blog and my website can be read in Germany.

      Comment by furtherglory — September 21, 2012 @ 8:13 am

    • The modern day ” bundes” republik is indeed Israeli occupied and suffers from a mental illness. Whatever is said about Iraquis or Afghans at least they have fought back against their occupiers whereas the modern day Germans enjoy the fruits of the Mc Donald’s republik. The modern ” German ” authorities tried to have an Australian citizen arrested at
      Heathrow airport in London on a plane transfer and extradited under a European Union warrant . Thankfully he was eventually released as holocaust denial in England although it will get you ostracised and you would loose your job, is not yet a crime.

      Comment by Pete — September 21, 2012 @ 12:07 pm

      • holocaust denial in England although it will get you ostracised and you would loose your job, is not yet a crime.

        I’m not so sure about the veracity of your assertion; see the case of the Heretical Two, Simon Sheppard and Luke O’Farrell.

        Simon Sheppard, 51, was sentenced to four years and 10 months, and Stephen Whittle, 42, to two years and four months at Leeds Crown Court in July.

        Comment by Eager For Answers — September 21, 2012 @ 5:45 pm

        • Sheppard and Whittle were sentenced for ” inciting race hatred”. They had indeed published articles pertaining to the holocaust but the articles chosen by the prosecution had slipped from scholarly analysis to some would say somewhat bad taste. To say there exists no evidence to suggest there were any gas chambers designed to kill human beings in Auschwitz is not a criminal offence despite all the efforts of the Jewish pressure groups and media. If any public figure were to say that though he or she would loose their position.

          Comment by Pete — September 22, 2012 @ 2:54 am

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