Niall Mcnamara writes from Ireland, Could a Führer Order be Flouted? A Comment on Judge Gray’s Judgment in D J C Irving vs Penguin Books & Lipstadt (subject to appeal) A JUDGE can consider his court as a personal bailiwick. In doing so, they can satisfy their self-indulgent, gratuitously offensive opinions in areas of law and prejudice, especially in a “gray” area. Their verdicts can be surprising and, may even be published as a polemic.

Professor Hilberg (right) gives an example of such a judge in his book, The Destruction of European Jews.(1) In 1935, The Protection of German Blood and Honor Law was passed, prohibiting sexual relationships between Aryans and non-Aryans. For offences relating to Rassenschande [race defilement] only the man could be punished for violations of the law in cases of extramarital relationships.

A case of race defilement was to be heard in the ordinary criminal court in Nuremberg involving a Jew, Herr Katzenberger and an Aryan woman, Frau Seiler . The state prosecutor had anticipated a “moderate” sentence against Katzenberger. All this changed when the bigoted Justice Dr. Rothaug , the presiding judge of the local special court, ordered that the case be brought before him. Rothaug, conducted a show trial, and indulged his anti-Jewish hate when giving his verdict.

Katzenberger was sentenced to death and Seiler received a prison sentence. The verdict, pronounced in March 1942, was one “which kicked up a lot of dust in the judiciary”. Even the Führer Adolf Hitler , then planning his 1942 spring offensive, got to hear of the case. Hitler protested to Justice Rothaug that he had ordered that no woman could be convicted for Rassenschande . Rothaug excused himself by stating he had convicted the woman for perjury. But Rothaug had heeded the message.

Six months later, Frau Seiler was freed. If a relatively lowly judge would try and circumvent a Führer Order, with how much more ease could very powerful Nazi Ministers, acting secretly and with extrajudicial powers, do the same? Niall Mcnamara Ireland. * Raul Hilberg, The Destruction of European Jews. New York; London: Holmes & Meier,1985. Abridged ed. See pp.45-7.