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Germar Rudolf, Resistance Is Obligatory (2012; PDF-Datei

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GERMAR RUDOLF, RESISTANCE IS OBLIGATORY<br />

constitutes scientific nature, which are, however, mixed with (irrelevant)<br />

historical examples.<br />

Hence as a whole roughly two thirds of the expert report consist of<br />

content not covered by the assignment. The expert has therefore essentially<br />

missed the topic. (The Addendum of 5 Feb. 2006 does not address<br />

the book at all which was to be assessed.)<br />

2. Adherence to the limits of the expert’s competence<br />

Although a scientist can and may express himself about all subjects<br />

when not testifying as an expert witness in court, an expert report as<br />

such ought to move within the scope of that for which the expert witness<br />

is actually an expert. For as an assistant of the investigating Court<br />

his opinion is ultimately relevant only where it clearly and demonstrably<br />

supersedes the expertise of the court.<br />

The expert witness is a historian, although by his own account not an<br />

expert on issues of the “final solution” (p. 2). He is thus an expert regarding<br />

the criteria of the nature of science in historiography, but not<br />

necessarily regarding the evaluation of expert works on questions of the<br />

final solution. Under no circumstances is he an expert regarding toxicological,<br />

chemical, technical, demographic or moral issues.<br />

Following the motto in dubio pro reo, statements by the expert witness<br />

about historical issues of the final solution running contrary to his<br />

assignment shall not be dealt with in detail.<br />

That toxicological properties of Zyklon B are intelligible “even to<br />

the lay person,” as the expert witness writes (p. 27), does not prove the<br />

correctness of this statement, yet it does prove that the expert witness as<br />

“a lay person” is not an expert in toxicology and should therefore abstain<br />

from addressing this issue in his expert report.<br />

A similar conclusion applies to the expert witness’s statement that<br />

expected chemical-analytical values can be calculated (p. 27), but have<br />

not been calculated by <strong>Rudolf</strong> (p. 28). For this question the expert witness<br />

is not competent either – and he furthermore errs, as <strong>Rudolf</strong> has<br />

indeed tried to calculate expected chemical-analytical values. That the<br />

expert witness has not noticed this merely underscores his lack of expertise<br />

as well as the necessity for expert witnesses not to leave their<br />

area of competence.<br />

The same is true for technical issues which the expert witness addresses<br />

in contravention to his assignment and without expertise, so for<br />

instance on p. 24, where he states regarding the cremation of corpses<br />

294

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