According to an article in the news yesterday, a former SS soldier, who is accused of being a war criminal, is being given a pass because, at the age of 94, he has signs of dementia. This man would have trouble understanding the charges against him, even if he were sound of mind.
According to the news article, 94-year-old Hans Lipschis was set to be charged with being an accessory to thousands of murders. Say what? Hans was a cook. Did he personally poison thousands of Jews? No, that was not his crime.
The news article does not explain that Hans Lipschis was scheduled to be tried on a charge of “common design” or as it is currently called, the Demjanjuk principle.
Common design was the name of an ex-post-facto law, that was dreamed up, as a charge under which the SS men who worked, in any position, in a concentration camp, could be tried as war criminals, even if they had done nothing wrong. You can read about the “common design” charge, which was first used by the American Military Tribunal at Dachau, on my website here. “Common Design” was also used at the Nuremberg International Military Tribunal.
This quote is from the news article:
Germany is in a last push to try to convict former guards at Nazi concentration camps after a historic change in stance by the courts. Previously it was necessary to bring witness evidence of a physical killing. Now, the fact of working at a camp proves guilt.
Prosecutors argue that whatever Lipschis did at Auschwitz, it helped to enable thousands of Holocaust murders by the guards as a group.
Last month, Germany’s war-crimes investigation unit asked regional prosecutors to arrest and try 30 other former guards on similar charges.
Lipschis was arrested May 6 and has been held since in a jail near Stuttgart.
The Ellwangen court based its ruling on Lipschis’ demeanor at court hearings and a psychiatrist’s report that said his powers of concentration and short-term memory were significantly reduced, with ups and downs day by day. Under stress, he became disoriented.
Lipschis, who was recruited during the war as an auxiliary by the SS, the security arm of the Nazi party, has not denied to reporters being at Auschwitz. He has contended he was assigned to the kitchen.
The indictment said he was part of the guard corps there between 1941 and 1943, a period when 12 trainloads of prisoners with thousands of people on board arrived as Nazi Germany killed Jewish people on a massive scale.
The SS routinely selected any of the new arrivals it considered incapable of work and killed them immediately in gas chambers.
As a displaced person after the war, Lipschis first lived in Germany, then obtained entry to the United States in 1956 and lived in Chicago. His U.S. citizenship was later revoked and he was expelled back to Germany in 1982 and settled in the small town of Aalen.
The photo below shows Friedrich Wetzel, as he is sentenced to death for the crime of being a supply officer at Dachau.
Friedrich Wetzel, shown in the photo above, was a pathetic, mild-mannered man who wouldn’t hurt a fly; he was the supply officer in the camp and had not personally committed any atrocities. In the defense closing argument on December 12, 1945, Lt. Col. Douglas Bates argued against the concept of “common design.” Bates said the following, with regard to Friedrich Wetzel, as quoted from the trial transcript:
“And a new definition of murder has been introduced along with common design. This new principle of law says “I am given food and told to feed these people. The food is inadequate. I feed them with it, and they die of starvation. I am guilty of murder.” Germany was fighting a war she had lost six months before. All internal business had completely broken down. I presume people like Filleboeck and Wetzel should have reenacted the miracle of Galilee, where five loaves and fishes fed a multitude.”
When will this madness end? Never! The Jews can never get enough revenge for the Holocaust. The German people are just trying to protect themselves.