Re Buhler

• Jurisdiction: Polonia
• Docket Number: Case No. 219
• Date: 10 July 1948
• Court: Obsolete Court (Poland)

Poland, Supreme National Tribunal, Cracow.

Case No. 219

In re Buhler.

Territory — Annexation of — Annexation of Occupied Territory during War — Purported Annexation by Germany of Occupied Polish Territory.

War Crimes — Belligerent Occupation — Treatment of Civilian Population — Infliction of Death Penalty upon Civilian Inhabitants of Occupied Polish Territory.

War Crimes — Authors of — Civilians as Authors of War Crimes.

War Crimes — Punishment of — Plea of Act of State and of Superior Orders.

Belligerent Occupation — Extraordinary Tribunals Set Up by the Occupying Belligerent Exercising Arbitrary Criminal Jurisdiction — Denial of Judicial Process.

Belligerent Occupation — Civilian Inhabitants — Treatment of — Legislation Concerning the Murder, Extermination, Ill-treatment, Enslavement and Persecution of Civilian Inhabitants — Extraordinary Tribunals Set Up by the Occupying Belligerent Exercising Arbitrary Criminal Jurisdiction — Plunder and Confiscation of Public and Private Property in Occupied Territory — War Crimes and Crimes against Humanity — Individual Responsibility for — Annexation of Territory during War — Purported Annexation by Germany of Occupied Polish Territory — Pleas of Act of State and of Superior Orders.

The Facts.—The accused, Joseph Buhler, was appointed by Hitler to be Secretary of State and Deputy Governor-General of that part of Poland which was occupied by German armed forces and known as the Government-General.1 He was charged with committing, between October 28, 1939, and January 17, 1945, war crimes and crimes against humanity. It was alleged, inter alia, that the accused participated in the murder, extermination, ill-treatment, enslavement and persecution of large numbers of the civilian population of Poland and in the plunder and confiscation of public and private property, including the unlawful economic exploitation of the resources of the country.

“The accused pleaded: (1) that he had signed a number of the laws and decrees promulgated in the German Official Gazette of the Government-General in obedience to the express orders of his superior Hans Frank, the Governor-General, and that he did not realize the criminal nature of these enactments; that he was not sufficiently acquainted with the principles of international law and was satisfied at the time that in view of the subjugation of Poland the legislative activities of the German authorities in the Government-General were not subject to any restrictions; (2) that the...