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Memorial

Memorial to the Victims
of the Nazi Justice System

“But we wish to erect monu­ments in your memo­ry”
(Ricar­da Huch)

Memo­ri­al to the Vic­tims of Nazi Jus­ti­ce at the Ger­man Jud­ges’ Aca­de­my in Trier

In memo­ry of the men and women who suf­fe­r­ed inju­s­ti­ce during the Nazi regime in the name of the Ger­man peo­p­le, a memo­ri­al was erec­ted at the Ger­man Jud­ges’ Aca­de­my in Trier in 1989. The artis­tic design of the memo­ri­al is by the sculp­tor Gabrie­le Mar­we­de, born in 1925. It was sel­ec­ted from among 10 sub­mit­ted designs in a com­pe­ti­ti­on orga­nis­ed by the Fede­ral Minis­try of Justice.

Gabrie­le Mar­we­de pro­vi­ded the fol­lo­wing expl­ana­ti­on of her design:

“In order to make the oppres­si­ve events and the bur­den­so­me past tan­gi­ble in a memo­ri­al through a sculp­tu­re, it see­med to me essen­ti­al to avo­id any­thing ‘lite­ra­ry’.

For my design, I cho­se a ‘head’ in order to place the empha­sis on indi­vi­du­al fates, on the indi­vi­du­al human being, as both vic­tim and perpetrator.”

Memorial

The sculp­tu­re, with its con­cea­led eyes, is inten­ded to symbolise

  • the absence of jus­ti­ce under Hitler’s tyran­ny and abu­se of power,
  • resis­tance
  • the refu­sal of the indi­vi­du­al to con­form, who suf­fers and dies for his convictions,
  • action dri­ven by per­so­nal con­sci­ence and moral duty – against the Nazi regime,
  • a shiel­ding from extre­me horror.

The thou­sands of death sen­ten­ces han­ded down by the cri­mi­nal jus­ti­ce sys­tem in the Third Reich remain, in a sen­se, abs­tract; not so the indi­vi­du­al, tan­gi­ble fate. This fate always had to be lived through – often in gre­at iso­la­ti­on – right up to death.

Yet the head also expres­ses that phy­si­cal anni­hi­la­ti­on is not the end.

The head’s very clo­sed out­line, the solemn, com­pact, dark bron­ze, cor­re­sponds to my con­cep­ti­on of the rigour of the over­all composition.

The plinth should con­sist of light, den­se shell lime­s­tone and be sur­roun­ded by lar­ge, rough­ly sawn slabs of the same material.

The bron­ze pla­te set into the flo­or with its sharp ang­le repres­ents an ele­ment fun­da­men­tal­ly oppo­sed to the orga­nic form of the head, one that evo­kes violence.

I envi­sa­ge the head being posi­tio­ned at eye level. Pla­cing it befo­re the eyes is done in the hope of promp­ting the view­er to reflect very direct­ly, to shar­pen their awa­re­ness of the individual’s respon­si­bi­li­ty (and guilt) – that is, not to shift per­so­nal respon­si­bi­li­ty onto a higher-level sys­tem or a hig­her authority.

In this way, the aim is to evo­ke a sen­se of con­cern, a sti­mu­lus to enga­ge with the role of the judi­cia­ry in the Third Reich.

Gabrie­le Marwede

Docu­men­ta­ti­on of the competition

In 1989, the Fede­ral Minis­try of Jus­ti­ce published a docu­ment detail­ing the com­pe­ti­ti­on it had orga­nis­ed for the con­s­truc­tion of the memo­ri­al. In it, the then Fede­ral Minis­ter of Jus­ti­ce, Hans A. Engel­hard (1939–2008), addres­ses visi­tors to the Ger­man Jud­ges’ Academy:

“To the visi­tors of the Ger­man Jud­ges’ Academy!

“In the abyss of inju­s­ti­ce, you will always find the grea­test care taken to main­tain the appearance of law.”

This sen­tence, writ­ten by Pes­ta­loz­zi over 100 years befo­re Hitler’s rise to power, cap­tures pre­cis­e­ly the essence of the Ger­man judiciary’s ent­an­gle­ment in the Nazi sys­tem of inju­s­ti­ce. It was lawy­ers who upheld the pre­tence of the rule of law, who inter­pre­ted exis­ting law in a Natio­nal Socia­list sen­se and who ulti­m­ate­ly acted as part of the machi­nery of exter­mi­na­ti­on against poli­ti­cal oppon­ents and racial minorities.

After the war, the Ger­mans were con­fron­ted with the full ext­ent of the Nazi reign of ter­ror. But ins­tead of facing up to their own histo­ry, the past was repres­sed and down­play­ed. Legal pro­fes­sio­nals were also among tho­se who suc­cee­ded in tri­via­li­sing their invol­vement in the sys­tem of inju­s­ti­ce: hard­ly anyo­ne was held to account. Only today – more than 40 years after the end of the Nazi dic­ta­tor­ship – are we asking more cle­ar­ly and open­ly about the judiciary’s com­pli­ci­ty in the inju­s­ti­ces of that time and about the fail­ures of the post-war years.

We can only achie­ve an honest enga­ge­ment with the past, a genui­ne sen­se of empa­thy with the events of that time and a true sen­se of shock at the unbe­lie­va­ble cri­mes if we keep the memo­ry of the vic­tims alive.

The memo­ri­al to the vic­tims of the Nazi judi­cia­ry at the Judi­cial Aca­de­my in Trier is inten­ded to encou­ra­ge you, who are here today, to enga­ge with histo­ry, to con­stant­ly exami­ne your own thoughts and actions, and to remain vigi­lant in ensu­ring that the judi­cia­ry remains one of the gua­ran­tors of the libe­ral con­sti­tu­tio­nal sta­te. It is also inten­ded to help pre­ser­ve your capa­ci­ty for com­pas­si­on and for iden­ti­fy­ing with the victims.

Hans A. Engelhard

Fede­ral Minis­ter of Jus­ti­ce­The nine-member jury for the com­pe­ti­ti­on also included two repre­sen­ta­ti­ves of the White Rose Foun­da­ti­on. Its then chair­man and cur­rent hono­ra­ry chair­man, Franz J. Mül­ler, wro­te the fol­lo­wing con­tri­bu­ti­on for the docu­men­ta­ti­on of the art competition:

“But we wish to erect monu­ments in your memory”

(Ricar­da Huch 1945, from a poem to the vic­tims of the Ger­man resistance)

The People’s Court sen­ten­ced over 5,000 men and women to death, and even more to long pri­son terms.

The Nazi spe­cial courts han­ded down simi­lar ‘jud­ge­ments’. Bit­ter inju­s­ti­ce for so many, gre­at suf­fe­ring for their families …

More than 40 years on, the­re is no site of remem­brance and com­me­mo­ra­ti­on of this. More than 40 years on, howe­ver, all inves­ti­ga­ti­ons against jud­ges and public pro­se­cu­tors of the People’s Court have been dropped.

It remains an incom­pre­hen­si­ble fact that the judi­cia­ry of the Fede­ral Repu­blic of Ger­ma­ny after 1945 did not clear its ter­ri­ble bur­den from the Nazi era, did not sub­ject its­elf to catharsis.

The memo­ri­al to the vic­tims of the Nazi judi­cia­ry, which has now been erec­ted at the Jud­ges’ Aca­de­my in Trier, was con­se­quent­ly not initia­ted by the judi­cia­ry, but by sur­vi­vors of the Ger­man Resistance.

From ten designs sub­mit­ted for Trier, the jury – which included two repre­sen­ta­ti­ves of the White Rose – agreed to recom­mend Ms Marwede’s sculp­tu­re. The reti­cence, the aloof­ness of this design com­pels one to enga­ge with it, to pene­tra­te it. We at the White Rose belie­ve that in doing so, we have hel­ped to choo­se a chal­len­ging symbol.

We hope that, fol­lo­wing Trier, a memo­ri­al in Karls­ru­he will also com­me­mo­ra­te the vic­tims of the Nazi judiciary.

White Rose Foun­da­ti­on
Franz J. Mül­ler
First Chair­man

Memorial to the Victims
of the Nazi Justice System

“But we wish to erect monu­ments in your memo­ry”
(Ricar­da Huch)

Memo­ri­al to the Vic­tims of Nazi Jus­ti­ce at the Ger­man Jud­ges’ Aca­de­my in Trier

In memo­ry of the men and women who suf­fe­r­ed inju­s­ti­ce during the Nazi regime in the name of the Ger­man peo­p­le, a memo­ri­al was erec­ted at the Ger­man Jud­ges’ Aca­de­my in Trier in 1989. The artis­tic design of the memo­ri­al is by the sculp­tor Gabrie­le Mar­we­de, born in 1925. It was sel­ec­ted from among 10 sub­mit­ted designs in a com­pe­ti­ti­on orga­nis­ed by the Fede­ral Minis­try of Justice.

Memorial

Gabrie­le Mar­we­de pro­vi­ded the fol­lo­wing expl­ana­ti­on of her design:

“In order to make the oppres­si­ve events and the bur­den­so­me past tan­gi­ble in a memo­ri­al through a sculp­tu­re, it see­med to me essen­ti­al to avo­id any­thing ‘lite­ra­ry’.

For my design, I cho­se a ‘head’ in order to place the empha­sis on indi­vi­du­al fates, on the indi­vi­du­al human being, as both vic­tim and perpetrator.”

Memorial

The sculp­tu­re, with its con­cea­led eyes, is inten­ded to symbolise

  • the absence of jus­ti­ce under Hitler’s tyran­ny and abu­se of power,
  • resis­tance
  • the refu­sal of the indi­vi­du­al to con­form, who suf­fers and dies for his convictions,
  • action dri­ven by per­so­nal con­sci­ence and moral duty – against the Nazi regime,
  • a shiel­ding from extre­me horror.

The thou­sands of death sen­ten­ces han­ded down by the cri­mi­nal jus­ti­ce sys­tem in the Third Reich remain, in a sen­se, abs­tract; not so the indi­vi­du­al, tan­gi­ble fate. This fate always had to be lived through – often in gre­at iso­la­ti­on – right up to death.

Yet the head also expres­ses that phy­si­cal anni­hi­la­ti­on is not the end.

The head’s very clo­sed out­line, the solemn, com­pact, dark bron­ze, cor­re­sponds to my con­cep­ti­on of the rigour of the over­all composition.

The plinth should con­sist of light, den­se shell lime­s­tone and be sur­roun­ded by lar­ge, rough­ly sawn slabs of the same material.

The bron­ze pla­te set into the flo­or with its sharp ang­le repres­ents an ele­ment fun­da­men­tal­ly oppo­sed to the orga­nic form of the head, one that evo­kes violence.

I envi­sa­ge the head being posi­tio­ned at eye level. Pla­cing it befo­re the eyes is done in the hope of promp­ting the view­er to reflect very direct­ly, to shar­pen their awa­re­ness of the individual’s respon­si­bi­li­ty (and guilt) – that is, not to shift per­so­nal respon­si­bi­li­ty onto a higher-level sys­tem or a hig­her authority.

In this way, the aim is to evo­ke a sen­se of con­cern, a sti­mu­lus to enga­ge with the role of the judi­cia­ry in the Third Reich.

Gabrie­le Marwede

Docu­men­ta­ti­on of the competition

In 1989, the Fede­ral Minis­try of Jus­ti­ce published a docu­ment detail­ing the com­pe­ti­ti­on it had orga­nis­ed for the con­s­truc­tion of the memo­ri­al. In it, the then Fede­ral Minis­ter of Jus­ti­ce, Hans A. Engel­hard (1939–2008), addres­ses visi­tors to the Ger­man Jud­ges’ Academy:

“To the visi­tors of the Ger­man Jud­ges’ Academy!

“In the abyss of inju­s­ti­ce, you will always find the grea­test care taken to main­tain the appearance of law.”

This sen­tence, writ­ten by Pes­ta­loz­zi over 100 years befo­re Hitler’s rise to power, cap­tures pre­cis­e­ly the essence of the Ger­man judiciary’s ent­an­gle­ment in the Nazi sys­tem of inju­s­ti­ce. It was lawy­ers who upheld the pre­tence of the rule of law, who inter­pre­ted exis­ting law in a Natio­nal Socia­list sen­se and who ulti­m­ate­ly acted as part of the machi­nery of exter­mi­na­ti­on against poli­ti­cal oppon­ents and racial minorities.

After the war, the Ger­mans were con­fron­ted with the full ext­ent of the Nazi reign of ter­ror. But ins­tead of facing up to their own histo­ry, the past was repres­sed and down­play­ed. Legal pro­fes­sio­nals were also among tho­se who suc­cee­ded in tri­via­li­sing their invol­vement in the sys­tem of inju­s­ti­ce: hard­ly anyo­ne was held to account. Only today – more than 40 years after the end of the Nazi dic­ta­tor­ship – are we asking more cle­ar­ly and open­ly about the judiciary’s com­pli­ci­ty in the inju­s­ti­ces of that time and about the fail­ures of the post-war years.

We can only achie­ve an honest enga­ge­ment with the past, a genui­ne sen­se of empa­thy with the events of that time and a true sen­se of shock at the unbe­lie­va­ble cri­mes if we keep the memo­ry of the vic­tims alive.

The memo­ri­al to the vic­tims of the Nazi judi­cia­ry at the Judi­cial Aca­de­my in Trier is inten­ded to encou­ra­ge you, who are here today, to enga­ge with histo­ry, to con­stant­ly exami­ne your own thoughts and actions, and to remain vigi­lant in ensu­ring that the judi­cia­ry remains one of the gua­ran­tors of the libe­ral con­sti­tu­tio­nal sta­te. It is also inten­ded to help pre­ser­ve your capa­ci­ty for com­pas­si­on and for iden­ti­fy­ing with the victims.

Hans A. Engelhard

Fede­ral Minis­ter of Jus­ti­ce­The nine-member jury for the com­pe­ti­ti­on also included two repre­sen­ta­ti­ves of the White Rose Foun­da­ti­on. Its then chair­man and cur­rent hono­ra­ry chair­man, Franz J. Mül­ler, wro­te the fol­lo­wing con­tri­bu­ti­on for the docu­men­ta­ti­on of the art competition:

“But we wish to erect monu­ments in your memory”

(Ricar­da Huch 1945, from a poem to the vic­tims of the Ger­man resistance)

The People’s Court sen­ten­ced over 5,000 men and women to death, and even more to long pri­son terms.

The Nazi spe­cial courts han­ded down simi­lar ‘jud­ge­ments’. Bit­ter inju­s­ti­ce for so many, gre­at suf­fe­ring for their families …

More than 40 years on, the­re is no site of remem­brance and com­me­mo­ra­ti­on of this. More than 40 years on, howe­ver, all inves­ti­ga­ti­ons against jud­ges and public pro­se­cu­tors of the People’s Court have been dropped.

It remains an incom­pre­hen­si­ble fact that the judi­cia­ry of the Fede­ral Repu­blic of Ger­ma­ny after 1945 did not clear its ter­ri­ble bur­den from the Nazi era, did not sub­ject its­elf to catharsis.

The memo­ri­al to the vic­tims of the Nazi judi­cia­ry, which has now been erec­ted at the Jud­ges’ Aca­de­my in Trier, was con­se­quent­ly not initia­ted by the judi­cia­ry, but by sur­vi­vors of the Ger­man Resistance.

From ten designs sub­mit­ted for Trier, the jury – which included two repre­sen­ta­ti­ves of the White Rose – agreed to recom­mend Ms Marwede’s sculp­tu­re. The reti­cence, the aloof­ness of this design com­pels one to enga­ge with it, to pene­tra­te it. We at the White Rose belie­ve that in doing so, we have hel­ped to choo­se a chal­len­ging symbol.

We hope that, fol­lo­wing Trier, a memo­ri­al in Karls­ru­he will also com­me­mo­ra­te the vic­tims of the Nazi judiciary.

White Rose Foun­da­ti­on
Franz J. Mül­ler
First Chair­man