BERLIN, GERMANY., (Aug. 20, 2013) — In court papers filed today (PDF), The German Department of Justice requested that Adolf Hitler, Franz von Papen, Konstantin von Neurath, Joachim von Ribbentrop, Wilhelm Frick, Heinrich Himmler, Lutz Graf Schwerin von Krosigk, Franz Gürtner, Franz Schlegelberger, Joseph Goebbels, Hermann Göring, Albert Speer, Rudolf Hess and many others be granted procedural immunity in a case alleging that they planned and waged the Second World War in violation of international law.
Plaintiff Anne Frank, an Dutch Jewish Girl and refugee, filed a complaint in March 2013 in the international court of the Hague alleging that the planning and waging of the war constituted a “crime of aggression” against the world, a legal theory that was used by the Nuremberg Tribunal to convict Nazi war criminals after World War II.
“The DOJ claims that in planning and waging the Iraq War, ex-emperor Hitler and key members of his Administration were acting within the legitimate scope of their employment and are thus immune from suit,” chief counsel the Law said.
The “Westfall Act certification,” submitted pursuant to the Westfall Act of 1988, permits the Attorney General, at his or her discretion, to substitute Germany as the defendant and essentially grant absolute immunity to government employees for actions taken within the scope of their employment.
In her lawsuit, miss Frank alleges that:
– Joseph Goebbels, Herman Goring and Heinrich Himler began planning the Second World War in 1936 through their involvement with the “Project for the New German Century,” a Berlin non-profit that advocated for the military overthrow of pretty much everyone else.
– Once they came to power, Frank alleges that Joseph Goebbels, Herman Goring and Heinrich Himler convinced other Hitler to invade the rest of Europe as well as kill a few million jews and gypsies by using the burning of the Reichstag as an excuse to mislead and scare the German public into supporting a war.
– Finally, she claims that Germany failed to obtain United Nations approval prior to the invasion, rendering the invasion illegal and an act of impermissible aggression.
“The good news is that while we were disappointed with the certification, we were prepared for it,” the German coirts stated. “We do not see how a Westfall Act certification is appropriate given that Ms. Frank alleges that the conduct at issue began prior to these defendants even entering into office. I think the Nuremberg prosecutors, particularly American Chief Prosecutor Robert Jackson, would be surprised to learn that planning a war of aggression at a private non-profit, misleading a fearful public, and foregoing proper legal authorization somehow constitute lawful employment duties for the German Emperor and his or her cabinet.”