The highest good (summum bonum) in international morals of nations has not yet been mandatorily codified. There does not exist any authoritative idea for the community of nations. Instead of discussions on individual ethics and individual criminality, the prosecution should have submitted its accepted principles and criteria as international common law, which was not done.

Therefore, with regard to the standpoint of the prosecuting authorities as to the personal responsibility of the acting statesmen, I must put it down as a totally new philosophy and one which is very dangerous in its consequences.

Apart from the misdeeds of the individual, which do not satisfy even the minimum of moral conceptions, the ethical conceptions of National Socialism and the actions resulting from them, insofar as they are an expression of the National Socialist ethos, cannot be subjected to the judgment of a human forum, since they are an event of world history. And the "Fate and Guilt" of the defendant Rosenberg likewise cannot be judged conclusively within the framework of this trial. As to the question of deciding the criminal guilt of the defendant, that is the heavy task of the High Tribunal but his potential historical guilt cannot and will not be judged by the Tribunal. Rosenberg like all persons of historical importance has acted according to his character and his pathos, thereby perhaps becoming guilty in the eyes of history. The more freedom of action a given personality has in his will, the clearer becomes the importance of conditions and the onesidedness of all human activities, and out of an insignificant guilt there grows, particularly in historical personalities, an enormous power, which decides the fate of many and which remains a gloomy foreboding him who lets it loose.

Goethe says once, "The doer never has a conscience, no one feels his conscience but the observer". But this maxim can never mean that a person is not to move and act to the best of his knowledge and conscience, and particularly for his country's sake. And we all know that in reality nobody is capable of attaining the good he is striving for. Just as his knowledge, so will his actions, always be incomplete. Any action we accomplish as free beings is an infringement on the operating forces of the universe, which we are never able to overlook.

I will now sum up in conclusion and I would like to point out the following:

Rosenberg was caught up in the destiny of his nation in a period of heavy foreign political oppression and internal dissension. He struggled for cultural purity, social justice, and national dignity

from the legitimate requirements of the occupation power, his labor legislation for the Eastern territories was necessary for the establishment of order and the repression of despotism as well as of dangerous idleness, growing sabotage, and increasing murderous actions. It was war time and it was a war area, not a postarmistice period or by any means a period subsequent to a definite capitulation.

So far as he was informed of things and commanded any influence Rosenberg fought for his good conviction. The fact that adverse powers were stronger cannot be brought as a charge against him. One cannot punish offenses and at the same time punish those who revolted against them. With regard to the terrible extermination orders which have now been disclosed, it is certainly possible to raise the point whether Rosenberg could not have exerted a much stronger opposition. Such a demand would, however, suppose an earlier knowledge of things which he only learned after the collapse. Should he be incriminated with any carelessness it must not be forgotten that he felt the duty of serving the German Reich and engaged in the struggle for its existence and that terrible injuries were also inflicted upon the German nation, injuries which Rosenberg was unable to accept as war necessities.

The official orders, as for example the duties of the Operational staff West and East, were carried out by Rosenberg in preserving his personal integrity. The seizure of artistic and cultural goods he always carried out provisionally, subject to final decision of supreme headquarters and, as far as was possible in any way, subject to agreement with the proprietor. Moreover, for the use of stray furniture for the benefit of air raid victims in Germany, provisions were made for the subsequent indemnification of the proprietors based upon a precise inventory.

མ

Considered in his entire personality, Rosenberg has followed his belief and love for an ideal of social justice allied to national dignity. He has fought for it openly and honorably, he has gone to prison and risked his life for it. He did not only step in when National Socialism afforded the opportunity to begin a career but at a time when it was dangerous and only cost the life of victims. In his speeches after 1933, he took his stand in favor of a deeper spiritual formation, a new cultural education, personality values and respect for every form of honest work. He accepted the sombre days of that time as unfortunate but inevitable accompanying phenomena of a revolution without bloodshed without having in fact been aware of the secret details. He fully believed that the better forces and ideas would prevail over these as well