Category Archives: War on Terrorism

Who Were the Victims? Does Anybody Care? The Holocaust and War Crimes Today

Friends of Padre Steve’s World,

Tonight I write about the victims of the Holocaust, and other Nazi Crimes Against Humanity. At the heart of the Nazi crimes was the genocide committed against the Jews, but the Nazi crimes extended far beyond them; the systemic extermination of the handicapped, mentally ill, chronically sick, and others deemed to be Life Unworthy of Life. Likewise there was the killing of possible political political opponents in the Reich and conquered territories; the intentional starvation of Poles and Russians, the use of slave labor, and the indiscriminate killing of civilians.

In the film Judgement at Nuremberg the American Prosecutor at the Judges Trial played by Richard Widmark asked a question when showing a film of the victims of the Nazis when the Concentration Camps were liberated by American and British troops in the spring of 1945. His question in the face of films of massed piles of bodies being bulldozed into mass graves at Bergen-Belsen, of the cremated remains, shrunken skulls, and lampshades made of human skin at Buchenwald, gas chambers, medical experiments, the emaciated bodies of still living victims; little more than skin and bones, elbows, hips, and knees bulging over the shrunken remains of their bodies, eyes sunken in to the skulls.

Who were they?

The Nazis specifically targeted the Jews for extermination. According to Hitler, his hnchemen, and other German nationalists, the Jews were less than human, they worked hand in hand with the Bolsheviks, and thus deserved their fate. Likewise, there were those crippled in body or mind who were euthanized, political opponents, religious and racial minorities, populations of conquered nations, who died at the hands of the German military, or who were gunned down in mass graves by the Einsatzgruppen, intentionally starved to death, or who were worked to death as Slave laborers in the Nazi work camps.

To the average German of the time they were subhuman, and even those not fully in agreement with the Nazis seldom cared, and simply turned their backs. There were the perpetrators and the bystanders, who seldom if ever thought about their victims. In a way very much like most of us don’t even blink when we are confronted with war crimes committed by our own soldiers, and their victims, or innocent women and children killed during air or drone strikes where perhaps one or two at best terrorists or insurgents were reportedly located.

we have a lot to learn from the past.

The victims of the Nazis, like so many others who have committed crimes against humanity, including us, were men and women, wives and husbands, sons and daughters. They spanned the spectrum from infants to the aged. Too many times multiple generations of families went to death together. Examples of the Nazi crimes are so numerous that they must never be forgotten. That is why I write tonight, that we never forget, so we do not repeat them ourselves. Human nature is human nature, and as much as we think we have progressed, the darkness still resides in us, and we must fight to do right.

However, some witnesses to the Nazi crimes were appalled and when the Nazi regime finally was crushed testified to those crimes.

One of them was Hermann Graebe, a civilian employed to help build roads for the Wehrmacht came across one of the many massacres committed up close and personal by SS Men on October 5th 1943 at Dubno, Ukraine. At Nuremberg he testified:

Moennikes and I went direct to the pits. Nobody bothered us. Now I heard rifle shots in quick succession, from behind one of the earth mounds. The people who had got off the trucks—men, women and children of all ages—had to undress upon the orders of an SS-man, who carried a riding or dog whip.

They had to put down their clothes in fixed places, sorted according to shoes, top clothing and underclothing. I saw a heap of shoes of about 800 to 1,000 pairs, great piles of underlinen and clothing. Without screaming or weeping these people undressed, stood around in family groups, kissed each other, said farewells and waited for a sign from another SS-man, who stood near the pit, also with a whip in his hand.

During the 15 minutes that I stood near the pit I heard no complaint or plea for mercy. I watched a family of about 8 persons, a man and woman, both about 50 with their children of about 1, 8 and 10, and two grown up daughters of about 20 to 24. An old woman with snow-white hair was holding the one year old child in her arms and singing to it, and tickling it. The child was cooing with delight. The couple were looking on with tears in their eyes. The father was holding the hand of a boy about 10 years old and speaking to him softly; the boy was fighting his tears. The father pointed toward the sky, stroked his head, and seemed to explain something to him. At that moment the SS-man at the pit shouted something to his comrade.

I looked into the pit and saw that the bodies were twitching or the heads lying already motionless on top of the bodies that lay before them. Blood was running from their necks.

I was surprised that I was not ordered away, but I saw that there were two or three postmen in uniform nearby. The next batch was approaching already.

These victims were not just numbers and statistics. They were living breathing human beings whose lives were snuffed out by the Nazis and their allies. They had been abandoned by most of the world. Anything of value that they possessed was appropriated by the men who exterminated them; their businesses, homes, farms, clothes, shoes, currency, jewelry, wedding rings, artwork, furniture, and even their gold fillings, and yes, their hair, and even their skin.

Whole towns were exterminated, millions of people killed and millions of other people displaced, never to return to their homes. At Babi Yar outside of Kiev 33,771 Jews were exterminated by the members of Sonderkommando 4b of Einsatzgruppen C as well as Police battalions. About 10,000 others, mainly Communist Officials and Gypsies were rounded up and killed in the same operation. The victims were stripped of all of their belongings taken to a ravine and shot. The German Army provided logistic support as well as security for the murder squads.

Fritz Hoefer, a SS man serving as a truck driver with the Sonderkommando said these words at the Einsatzgruppen Trial:

One day I was ordered to drive my truck out of town. I had a Ukrainian with me. It was about 10 a.m. On our way, we passed Jews marching in columns in the same direction, we were going. They were carrying their belongings. There were whole families. The farther we drove away from the town, the more people we saw in the columns. There were piles of clothes in a wide open field. My job was to fetch them.   

I stopped the engine nearby, and the Ukrainians standing around started loading the car with this stuff. From where I was, I saw other Ukrainians meeting the Jews who arrived, men, women and children, and directing them to the place where, one after another, they were supposed to remove their belongings, coats, shoes, outer garments and even their underwear.

They were supposed to put all their belongings together in a pile. Everything happened very quickly, the Ukrainians hurried those who hesitated by kicking and pushing them. I think it took less than a minute from the moment a person took off his coat before he was standing completely naked.

No distinction was made between men, women and children. The Jews who were arriving could have turned back when they saw those who had come earlier taking off their clothes. Even today I cannot understand why they didn’t run.

 

Columns of Jews march past a corpse in Kiev

Naked Jews were led to a ravine about 150 metres long, 30 metres wide and 15 metres deep. The Jews went down into the ravine through two or three narrow paths. When they got closer to the edge of the ravine, members of the Schutzpolizei (Germans) grabbed them and made them lie down over the corpses of the Jews who had already been shot.

It took no time. The corpses were carefully laid down in rows. As soon as a Jew lay down, a Schutzpolizist came along with a sub-machine gun and shot him in the back of the head.The Jews who descended into the ravine were so frightened by this terrible scene that they completely lost their will. You could even see some of them lying down in the row on their own and waiting for the shot to come.

Only two members of the Schutzpolizei did the shooting. One of them was working at one of the ravine, the other started at the other end. I saw them standing on the bodies and shooting one person after another.

Walking over the corpses toward a new victim who had already laid down, the machine gunner shot him on the spot. It was an extermination machine that made no distinction between men, women and children.Children were kept with their mothers and shot with them. I did not watch for long. When I approached the edge, I was so frightened of what I that I could not look at it for a long time.

 

German Einsatzgruppen & Police force groups of Jews to hand over their possessions and undress before being shot in the ravine at Babi Yar

I saw dead bodies at the bottom laid across in three rows, each of which was approximately 60 metres long. I could not see how many layers were there. It was beyond my comprehension to see bodies twitching in convulsions and covered with blood, so I could not make sense of the details.Apart from the two machine gunners, there were two other members of the Schutzpolizei standing near each passage into the ravine.

They made each victim lie down on the corpses, so that the machine gunner could shoot while he walked by. When victims descended into the ravine and saw this terrible scene at the last moment, they let out a cry of terror. But they were grabbed by the waiting Schutzpolizei right away and hurled down onto the others.

Those who followed them could not see the terrible scene because it was obstructed by the edge of the ravine. While some people were getting undressed and most of the others were waiting their turn, there was a lot of noise. The Ukrainians paid no attention to the noise and just kept forcing people through the passages into the ravine.

You could not see the ravine from the site where people were taking off their clothes, because it was situated about 150 metres away from the first pile of clothes. Besides, a strong wind was blowing and it was very cold. You couldn’t hear the shooting in the ravine.

Jews at Babi Yar waiting to be murdered

So I concluded that the Jews had no idea what was actually happening. Even today I wonder why the Jews did nothing to challenge what was going on. Masses of people were coming from town and they did not seem to suspect anything.

They thought they were just being relocated.              

The men who were the leaders of the mobile Einsatzgruppen which conducted these up close and personal killings of nearly a million and a half Jews and others were not common thugs. Most were very educated and accomplished men.

General Telford Taylor, an American lawyer who served as a prosecutor at the Einsatzgruppen Trial explained:

“These defendants are not German peasants or artisans drafted into the Wehrmacht. They are not uneducated juveniles. They are lawyers, teachers, artists, and a former clergyman. They are, in short, men of education, who were in full possession of their faculties and who fully understood the grave and sinister significance of the program they embarked upon. They were part of the hard core of the SS. They did not give mere lip service to Himmler’s atrocious racial doctrines; they were chosen for this terrible assignment because they were thought to be men of sufficient ruthlessness to carry them out. They are hand-picked fanatics; every one of them was an officer of the SS … They are not unhappy victims, unwillingly pushed into crime by the tyranny of the Third Reich; these men, above all others, themselves, spread the Nazi doctrine with fire and sword.”

The men who ran the death camps might not have been from the same “elite” stock as the commanders of the Einsatzgruppen but they carried out their duties in calculating and businesslike manner. Rudolf Hoess who commanded Auschwitz gave this statement to the International Military Tribunal:

On 1 December 1943 1 became Chief of Amt 1 in Amt Group D of the WVHA, and in that office was responsible for co-ordinating all matters arising between RSHA and concentration camps under the administration of WVHA. I held this position until the end of the war. Pohl, as Chief of WVHA, and Kaltenbrunner, as Chief of RSHA, often conferred personally and frequently communicated orally and in writing concerning concentration camps. . . .

The ‘final solution’ of the Jewish question meant the complete extermination of all Jews in Europe. I was ordered to establish extermination facilities at Auschwitz in June 1941. At that time, there were already in the General Government three other extermination camps: Belzek, Treblinka, and Wolzek. These camps were under the Einsatzkommando of the Security Police and SD. I visited Treblinka to find out how they carried out their exterminations. The camp commandant at Treblinka told me that he had liquidated 80,000 in the course of one-half year. He was principally concerned with liquidating all the Jews from the Warsaw Ghetto. He used monoxide gas, and I did not think that his methods were very efficient. So when I set up the extermination building at Auschwitz, I used Cyklon B, which was a crystallized prussic acid which we dropped into the death chamber from a small opening. It took from 3 to 15 minutes to kill the people in the death chamber, depending upon climatic conditions. We knew when the people were dead because their screaming stopped. We usually waited about one-half hour before we opened the doors and removed the bodies. After the bodies were removed our special Kommandos took off the rings and extracted the gold from the teeth of the corpses.

When he was asked specifics, Hoess stated: This gold was melted down and brought to the Chief Medical Office of the SS at Berlin.

He continued with some pride during cross examination:

Another improvement we made over Treblinka was that we built our gas chamber to accommodate 2,000 people at one time whereas at Treblinka their 10 gas chambers only accommodated 200 people each. The way we selected our victims was as follows: We had two SS doctors on duty at Auschwitz to examine the incoming transports of prisoners. The prisoners would be marched by one of the doctors who would make spot decisions as they walked by. Those who were fit for work were sent into the camp. Others were sent immediately to the extermination plants. Children of tender years were invariably exterminated since by reason of their youth they were unable to work. Still another improvement we made over Treblinka was that at Treblinka the victims almost always knew that they were to be exterminated and at Auschwitz we endeavored to fool the victims into thinking that they were to go through a delousing process. Of course, frequently they realized our true intentions and we sometimes had riots and difficulties due to that fact. Very frequently women would hide their children under the clothes, but of course when we found them we would send the children in to be exterminated. We were required to carry out these exterminations in secrecy but of course the foul and nauseating stench from the continuous burning of bodies permeated the entire area and all of the people living in the surrounding communities knew that exterminations were going on at Auschwitz.

But the bodies…

Jews and Gentiles from every nation in Europe as well as the Americas, Africa, and Asia ended up dying at the hands of the Nazis, either in their Death Camps, Concentration/ Labor Camps, or up close and personal at the hands of the Einsatzgruppen, the Waffen SS, or the Wehrmacht.

Every one of those bodies, the cold statistics of the Nazi machine were people like you and me. In April of 2018 I visited the United States Holocaust Museum while visiting friends in Washington D. C.

I think that the one that hit me the hardest was the pictorial Tower of Faces from the Polish shtetl of Ejszyszki. That town was home to some 4,000 Jews and the pictures had been taken over the preceding decade by local photographers. They were pictures of everyday family and community life; men, women, children at work, at play, at rest. Worshipping, working, studying, the old and the young, the well off and the poor, the religious and those not as religious at all phase of life captured in photos for eternity. For 3500 of them their lives ended on September 21st 1941 when the Nazis rounded up the Jews at their Synagogues on the eve of Yom Kippur and executed them by firing squad in mass graves at the town’s Christian and Jewish cemeteries. Only 29 of those who survived that day lived through the war. That Jewish community had existed for 900 years and was exterminated in a matter of hours.

          The Tower of Faces at the United States Holocaust Museum 

I looked at those pictures and I could not get over all of those innocent lives cut short. Each face was the picture of an individual or individuals, families, friends, schoolmates. They were not abstract numbers or statistics but real flesh and blood people like you and me. They had hopes and dreams, but because they were Jews they were exterminated, like nearly six million other Jews who also were real people with hopes and dreams that would be destroyed by the Nazi racial war. Of course the Nazis targeted others, but none with the relentless anti-Semitic racial hatred propagated by Nazi ideology. Thus they condoned and executed by people who would have ordinarily have been considered upstanding and moral citizens. The late Christopher Hitchens wrote:

“We should not at all allow ourselves to forget the millions of non-Jewish citizens of Belarus, Russia, Ukraine, and other Slav territories who were also massacred. But for me the salient fact remains that anti-Semitism was the regnant, essential, organizing principle of all the other National Socialist race theories. It is thus not to be thought of as just one prejudice among many.” 

The Jewish-Italian Philosopher and Auschwitz survivor Primo Levi wrote:

Then for the first time we became aware that our language lacks words to express this offence, the demolition of a man. In a moment, with almost prophetic intuition, the reality was revealed to us: we had reached the bottom. It is not possible to sink lower than this; no human condition is more miserable than this, nor could it conceivably be so. Nothing belongs to us any more; they have taken away our clothes, our shoes, even our hair; if we speak, they will not listen to us, and if they listen, they will not understand. They will even take away our name: and if we want to keep it, we ill have to find ourselves the strength to do so, to manage somehow so that behind the name something of us, of us as we were, still remains.

               Wehrmacht Troops Pose With Jews that They Hanged 

I write because the remaining witnesses to the Nazi Crimes are dying off and deniers are becoming ever more numerous. In researching this article I came across a man, an American of all people, who is denying the mass murder at Babi Yar. I have to shake my head, but the fact is that such people have become emboldened by the Presidency of Donald Trump, a man who has pardoned and praised convicted American War Criminals. They see in him a kindred spirit. Such does not bode well for the future, and the lives who will stand behind the faces and names of the future crimes against humanity.

Until tomorrow,

Peace,

Padre Steve+

2 Comments

Filed under crime, ethics, film, Foreign Policy, germany, History, holocaust, imperial japan, laws and legislation, leadership, middle east, Military, national security, nazi germany, News and current events, Political Commentary, racism, war crimes, War on Terrorism, world war two in europe

When Militaries Become Accessories and Instruments of War Crimes: Robert Jackson’s Closing Argument at Nuremberg for Our Time

Friends of Padre Steve’s World,

Tonight I am continuing on with my series on Supreme Court Justice Robert Jackson’s closing arguments while serving as the Chief American Prosecutor at the Major War Crimes Trials at Nuremberg. These crimes are not without relevance today, thus it is important for us to revisit them, for as I noted yesterday, quoting Yehuda Bauer, the Holocaust did not deviate from human norms.

For me it is a difficult subject, for I served in and supported a war that by any standard of legal and moral judgement would have met the criteria that we prosecuted the Nazis for in 1945. I should have known better because I had studied the Nazi crimes and had been the student of a professor who served as an interrogator and interpreter during the Nuremberg War Crimes Trials. But in the moment of hysteria after the attacks of September 11th 2001 and my belief in the integrity of Secretary of State Colin Powell, I allowed my good sense to be persuaded that an act of aggressive war that resulted in war crimes, and might even include crimes against humanity was perfectly legal.

I went to Iraq in 2007 and 2008. I worked with advisors to Iraqi Army, Border Troops, Police, Port of Entry, and Provincial Reconstruction Teams In Al Anbar Province. I came back from Iraq a very different man. I saw the lies. I came to love and appreciate the Iraqis and what they had suffered under both Saddam Hussein and our invasion and occupation. I can still see the maimed bodies, the destroyed cities and hamlets, the crippled children, as well as the wounded Marines in my mind. I pray and hope that the Iraqis that I served alongside did not become victims of ISIS after I left the country.

I am haunted by it to this day, and I no longer trust the supposedly good intentions of the American government, and in the age of Donald Trump fear for our nation and the world. A year ago the American Border Patrol fired CS gas, a riot control agent that is banned for use in combat across the international border into Mexico at unarmed Central American refugees, many of whom were women and children. The reason was that they “felt endangered” because some in the sea of refugees threw rocks across the border at the border control officers, who were dressed in body armor and Kevlar helmets with face masks. Rocks were going to do nothing to them.

While this was not war, there is a principle and law of war that American law enforcement officers frequently violate, the principle of proportionality. I’m sorry, but firing CA gas at unarmed refugees on the opposite side of the border for throwing rocks is not proportional. They had not breached the border and were also facing Mexican Federal Police. I have to wonder what is next. After that President Trump says that he has authorized U. S. Military personnel to use deadly force against rock throwers, and his former Chief of Staff, retired Marine Corps General John Kelly issued a “cabinet order” something never heard of before, allowing U. S. Military personnel to engage refugees believed to be endangering Border Control agents, in what appears to be a direct violation of Posse Comitatus. Add to those issues the use of drone strikes, by the Bush, Obama, and Trump Administrations, both DOD and CIA, against often insignificant targets that that more often than not have many women and children in them, and finally the pardoning of convicted war criminals by President Trump, and firing the only administration who stood in his way, Secretary of the Navy Richard Spencer.

But I digress. When I read these accounts my mind is taken back to the subject of war crimes, and based on my expertise and study of the crimes of the Nazis, not to mention the Japanese in the Second World War, I automatically default to those settings.

So, I will stop with my words and go back to those of Robert Jackson at Nuremberg, because they are so pertinent today.

Until tomorrow,

Peace,

Padre Steve+

Immediately after the seizure of power the Nazis went to work to implement these aggressive intentions by preparing for war. They first enlisted German industrialists in a secret rearmament programme. Twenty days after the seizure of power Schacht was host to Hitler, Goering and some twenty leading industrialists. Among them were Krupp von Bohlen of the great Krupp armament works and representatives of I. G. Farben and other Ruhr heavy industries. Hitler and Goering explained their programme to the industrialists, who became so enthusiastic that they set about to raise three million Reichsmarks to strengthen and confirm the Nazi Party in power. Two months later Krupp was working to bring a reorganised association of German industry into agreement with the political aims of the Nazi Government. Krupp later boasted of the success in keeping the German war industries secretly alive and in readiness despite the disarmament clauses of the Versailles Treaty, and recalled the industrialists’ enthusiastic acceptance of “the great intentions of the Fuehrer in the rearmament period of 1933-1939”.

Some two months after Schacht had sponsored his first meeting to gain the support of the industrialists, the Nazis moved to harness industrial labour to their aggressive plans. In April, 1933, Hitler ordered Dr. Ley “to take over the trade unions”, numbering some 6 million members. By Party directive Ley seized the unions, their property and their funds. Union leaders, taken into “protective custody” by the SS and SA, were put into concentration camps. The free labour unions were then replaced by a Nazi organization known as the German Labour Front, with Dr. Ley at its head. It was expanded until it controlled over 23 million members. Collective bargaining was eliminated, the voice of labour could no longer be heard as to working conditions, and the labour contract was prescribed by “trustees of labour” appointed by Hitler. The war purpose of this labour programme was clearly acknowledged by Robert Ley five days after war broke out, when he declared in a speech that:

“We National Socialists have monopolised all resources and all our energies during the past seven years so as to be able to be equipped for the supreme effort of battle.”

The Nazis also proceeded at once to adapt the Government to the needs of war. In April, 1933, the Cabinet formed a Defence Council, the working committee of which met frequently thereafter. In the meeting of 22nd May, 1933, at which defendant Keitel presided, the members were instructed that:

“No document must be lost since otherwise the enemy propaganda would make use of it. Matters communicated orally cannot be proven; they can be denied by us in Geneva.”

In February, 1934 -and, your Honours, dates in this connection are important -with defendant Jodl present, the Council planned a mobilization calendar and mobilization order for some 240,000 industrial plants. Again it was agreed that nothing should be in writing so that “the military purpose may not be traceable”.

On 21st May, 1935, the top secret Reich Defence Law was enacted. Defendant Schacht was appointed Plenipotentiary General for War Economy with the task of secretly preparing all economic forces for war and, in the event of mobilization, of financing the war.

Schacht’s secret efforts were supplemented

in October, 1936, by the appointment of defendant Goering as Commissioner of the Four-Year Plan, with the duty of putting the entire economy in a state of readiness for war within four years.

A secret programme for the accumulation of the raw materials and foreign credits necessary for extensive rearmament was also set on foot immediately upon seizure of power. In September of 1934, the Minister of Economics was already complaining that:

“The task of stock-piling is being hampered by the lack of foreign currency; the need for secrecy and camouflage also is a retarding influence.”

Foreign currency controls were at once established. Financing was delegated to the wizard Schacht, who conjured up the MEFO bill to serve the dual objectives of tapping the short-term money market for rearmament purposes while concealing the amount of these expenditures.

The spirit of the whole Nazi administration was summed up by Goering at a meeting of the Council of Ministers, which included Schacht, on 27th May, 1936, when he said: “All measures are to be considered from the standpoint of an assured waging of war.” The General Staff, of course, also had to be enlisted in the war plan. Most of the generals, attracted by the prospect of rebuilding their armies, became willing accomplices. The Minister of War von Blomberg and the Chief of Staff General von Fritsch, however, were not cordial to the increasingly belligerent policy of the Hitler regime, and by vicious and obscene plotting they were discredited and removed in January, 1938. Thereupon, Hitler assumed for himself supreme command of the armed forces and the positions of von Blomberg and of von Fritsch were filled by others who became, as Blomberg said of Keitel, “a willing tool in Hitler’s hands for every one of his decisions”. The generals did not confine their participation to merely military matters. They participated in all major diplomatic and political manoeuvres, such as the Obersalzberg meeting where Hitler, flanked by Keitel and other top generals, issued his virtual ultimatum to Schuschnigg.

As early as 5th November, 1937, the plan to attack had begun to take definiteness as to time and victim. In a meeting which included the defendants Raeder, Goering and von Neurath, Hitler stated the cynical objective:

“The question for Germany is where the greatest possible conquest could be made at the lowest possible cost.”

He discussed various plans for the invasion of Austria and Czechoslovakia, indicating clearly that he was thinking of these territories not as ends in themselves, but as means for further conquest. He pointed out that considerable military and political assistance could be afforded by possession of these lands, and discussed the possibility of constituting from them new armies up to a strength of about 12 divisions. The aim he stated boldly and baldly as the acquisition of additional living-space in Europe, and recognized that “The German question can be solved only by way of force.” Six months later, emboldened by the bloodless Austrian conquest, Hitler, in a secret directive to Keitel, stated his “unalterable decision to smash Czechoslovakia by military action in the near future”.

On the same day, Jodl noted in his diary that the Fuehrer had stated his final decision to destroy Czechoslovakia soon and had initiated military preparations all along the line. By April the plan had been perfected to attack Czechoslovakia “with lightning swift action as the result of an ‘incident’”.

All along the line preparations became more definite for a war of expansion, on the assumption that it would result in a world-wide conflict. In September, 1938, Admiral Carls officially commented on a “Draft Study of Naval Warfare against England”:

“There is full agreement with the main theme of the study.

1. If, according to the Fuehrer’s decision, Germany is to acquire a position as a world power, she needs not only sufficient colonial possessions but also secure naval communications and secure access to the ocean.

2. Both requirements can only be fulfilled in opposition to Anglo-French interests and will limit their positions as world powers. It is unlikely that they can be achieved by peaceful means. The decision to make Germany a world power therefore forces upon us the necessity of making the corresponding preparations for war.

3. War against England means at the same time war against the Empire, against France, probably against Russia as well, and a large number of countries overseas; in fact, against one-third to one-half of the whole world.

It can only be justified and have a chance of success if it is prepared economically as well as politically and militarily and waged with the aim of conquering for Germany an outlet to the ocean.”

This Tribunal knows what categorical assurances were given to an alarmed world after the Anschluss, after Munich, after the occupation of Bohemia and Moravia, that German ambitions were realised and that Hitler had “no further territorial demands to make in Europe.” The record of this trial shows that those promises were calculated deceptions and that those high in the bloody brotherhood of Nazidom knew it.

As early as 15th April, 1938, Goering pointed out to Mussolini and Ciano that the possession of those territories would make possible an attack on Poland. Ribbentrop’s Ministry wrote on 26th August, 1938:

“After the liquidation of the Czechoslovakian question, it will be generally assumed that Poland will be next in turn.”

Hitler, after the Polish invasion, boasted that it was the Austrian and Czechoslovakian triumphs by which “the basis for the action against Poland was laid”. Goering suited the act to the purpose and gave immediate instructions to exploit, for the further strengthening of the German war potential, first the Sudetenland, and then the whole Protectorate.

By May of 1939 the Nazi preparations had ripened to the point that Hitler confided to the defendants Goering, Raeder, Keitel, and others, his readiness “to attack Poland at the first suitable opportunity”, even though he recognized that “further successes cannot be attained without the shedding of blood”. The larcenous motives behind this decision he made plain in words that echoed the covetous theme of Mein Kampf:

“Circumstances must be adapted to aims. This is impossible without invasion of foreign States or attacks upon foreign property. Living-space in proportion to the magnitude of the State is the basis of all power -further successes cannot be attained without expanding our living-space in the East ….”

While a credulous world slumbered, snugly blanketed with perfidious assurances of peaceful intentions, the Nazis prepared not as before for a war but now for the war. The defendants Goering, Keitel, Raeder, Frick and Funk, with others, met as the Reich Defence Council in June of 1939. The minutes, authenticated by Goering, are revealing evidence of the way in which each step of Nazi planning dovetailed with every other. These five key defendants, three months before the first panzer unit had knifed into Poland, were laying plans for “employment of the population in wartime”, and had gone so far as to classify industry for priority in labour supply after “five million servicemen had been called up”. They decided upon measures to avoid “confusion when mobilization takes place”, and declared a purpose “to gain and maintain the lead in the decisive initial weeks of war”. They then planned to use in production prisoners of war, criminal prisoners, and concentration camp inmates. They then decided on “compulsory work for women in war time”. They had already passed on applications from 1,172,000 specialist workmen for classification as indispensable, and had approved 727,000 of them. They boasted that orders to workers to report for duty “are ready and tied up in bundles at the labour offices”. And they resolved to increase the industrial manpower supply by bringing into Germany “hundreds of thousands of workers” from the Protectorate to be “housed together in hutments”.

It is the minutes of this significant conclave of many key defendants which disclose how the plan to start the war was coupled with the plan to wage the war through the use of illegal sources of labour to maintain production. Hitler, in announcing his plan to attack Poland, had already foreshadowed the slave labour programme as one of its corollaries when he cryptically pointed out to the defendants Goering, Raeder, Keitel, and others that the Polish population “will be available as a source of labour”. This was part of the plan made good by Frank, who as Governor-General notified Goering, that he would supply “at least one million male and female agricultural and industrial workers to the Reich”, and by Sauckel, whose impressments throughout occupied territory aggregated numbers equal to the total population of some of the smaller nations of Europe.

Here also comes to the surface the link between war labour and concentration camps, a manpower source that was increasingly used and with increasing cruelty. An agreement between Himmler and the Minister of Justice, Thierack, in 1942 provided for “the delivery of anti-social elements from the execution of their sentence to the Reichsfuehrer SS to be worked to death”. An SS directive provided that bedridden prisoners be drafted for work to be performed in bed. The Gestapo ordered 46,000 Jews arrested to increase the “recruitment of manpower into the concentration camps”. One hundred thousand Jews were brought from Hungary to augment the camps’ manpower. On the initiative of the defendant Donitz concentration camp labour was used in the construction of submarines. Concentration camps were thus geared into war production on the one hand, and into the administration of justice and the political aims of the Nazis on the other. The use of prisoner-of-war labour, as then planned in that meeting, also grew with German needs. At a time when every German soldier was needed at the front and forces were not available at home, Russian prisoners of war were forced to man anti-aircraft guns against Allied planes. Field-Marshal Milch reflected the Nazi merriment at this flagrant violation of International Law, saying: “… This is an amusing thing, that the Russians must work the guns.”

The orders for the treatment of Soviet prisoners of war were so ruthless that Admiral Canaris, pointing out that they would “result in arbitrary mistreatments and killing”, protested to the OKW against them as breaches of International Law. The reply of Keitel was unambiguous. He said:

“The objections arise from the military conception of chivalrous warfare! This is the destruction of an ideology! Therefore I approve and back the measures”.

The Geneva Convention would have been thrown overboard openly, except that Jodl objected because he wanted the benefits of Allied observance of it while it was not being allowed to hamper the Germans in any way.

Field Marshal Wilhelm Keitel

Other crimes in the conduct of warfare were planned with equal thoroughness as a means of ensuring victory of German arms: In October, 1938, almost a year before the start of the war, the large-scale violation of the established rules of warfare was contemplated as a policy, and the Supreme Command circulated a most secret list of devious explanations to be given by the Propaganda Minister in such cases. Even before this time commanders of the armed forces were instructed to employ any methods of warfare so long as they facilitated victory. During the progress of the war the orders increased in savagery. A typical Keitel order, demanding the use of the “most brutal means”, provided that .

“… It is the duty of the troops to use all means without restriction, even against women and children, so long as they ensure success.”

The German naval forces were no more immune from the infection than the land forces. Raeder ordered violations of the accepted rules of warfare wherever necessary to gain strategic successes. Donitz urged his submarine crews not to rescue survivors of torpedoed enemy ships, in order to cripple merchant shipping of the Allied Nations by decimating their crews.

Thus, the WAR CRIMES against Allied forces and the CRIMES AGAINST HUMANITY committed in occupied territories are incontestably part of the programme for making the war because, in the German calculations, they were indispensable to its hope of success.

Similarly, the whole group of pre-war crimes, including the persecutions within Germany, fall into place around the plan for aggressive war like stones in a finely wrought mosaic. Nowhere is the whole catalogue of crimes of Nazi oppression and terrorism within Germany so well integrated with the crime of war as in that strange mixture of wind and wisdom which makes up the testimony of Hermann Goering. In describing the aims of the Nazi programme before the seizure of power, Goering stated that the first question was to achieve and establish a different political structure for Germany, which would enable Germany to object against the Dictate (of Versailles), and to make not only a protest, but an objection of such a nature that it would actually be considered.

With these purposes, Goering, admitted that the plan was made to overthrow the Weimar Republic, to seize power, and to carry out the Nazi programme by whatever means were necessary, whether legal or illegal.

From Goering’s cross-examination we learn how necessarily the whole programme of crime followed. Because they considered a strong State necessary to get rid of the Versailles Treaty, they adopted the Fuehrerprinzip. Having seized power, the Nazis thought it necessary to protect it by abolishing parliamentary government, and suppressing all organized opposition from political parties. This was reflected in the philosophy of Goering that the opera was more important than the Reichstag. Even the “opposition of each individual was not tolerated unless it was a matter of unimportance”. To insure the suppression of opposition a secret police force was necessary. In order to eliminate incorrigible opponents, it was necessary to establish concentration camps and to resort to the device of protective custody. Protective custody, Goering, testified, meant that:

“People were arrested arid taken into protective custody who had not yet committed any crime but who could be expected to do so if they remained free.”

The same war purpose was dominant in the persecution of the Jews. In the beginning, fanaticism and political opportunism played a principal part, for anti-Semitism and its allied scapegoat, mythology, were the vehicle on which the Nazis rode to power. It was for this reason that the filthy Streicher and the blasphemous Rosenberg were welcomed at Party rallies and made leaders and officials of the State or Party. But the Nazis soon regarded the Jews as foremost amongst the opposition to the police State with which they schemed to put forward their plans of military aggression. Fear of their pacifism and their opposition to strident nationalism was given as the reason that the Jews had to be driven from the political and economic life of Germany. Accordingly, they were transported like cattle to the concentration camps, where they were utilised as a source of forced labour for war purposes.

At a meeting held on 12th November, 1938, two days after the violent anti-Jewish pogroms instigated by Goebbels and carried out by the Party Leadership Corps and the SA, the programme for the elimination of Jews from the German economy was mapped out by Goering, Funk, Heydrich, Goebbels, and the other top Nazis. The measures adopted included confinement of the Jews in ghettoes, cutting off their food supply, “aryanizing” their shops, and restricting their freedom of movement. Here another purpose behind the Jewish persecutions crept in, for it was the wholesale confiscation of their property which helped to finance German rearmament. Although Schacht’s plan to use foreign money to ransom the entire race within Germany was not adopted, the Jews were stripped to the point where Goering was able to advise the Reich Defence Council that the critical situation of the Reich exchequer, due to rearmament, had been relieved “through the billion Reichsmark fine imposed on Jewry, and through profits accrued to the Reich in the aryanization of Jewish enterprises”.

A glance over the dock will show that, despite quarrels among themselves, each defendant played a part which fitted in with every other, and that all advanced the Common Plan. It contradicts experience that men of such diverse backgrounds and talents should so forward each other’s aims by coincidence. The large and varied role of Goering was half militarist and half gangster. He stuck his pudgy finger in every pie. He used his SA bullies to help bring the gang into power. In order to entrench that power he contrived to have the Reichstag burned, established the Gestapo, and created the concentration camps. He was equally adept at massacring opponents and at framing scandals to get rid of stubborn generals. He built up the Luftwaffe and hurled it at his defenceless neighbours. He was among the foremost in harrying Jews out of the land. By mobilising the total economic resources of Germany he made possible the waging of the war which he had taken a large part in planning. He was, next to Hitler, the man who tied the activities of all the defendants together in a common effort.

The parts played by the other, defendants, although less comprehensive and less spectacular than that of the Reichsmarschall, were nevertheless integral and necessary contributions to the joint undertaking, without any one of which the success of the common enterprise would have been in jeopardy. There are many specific deeds of which these men have been proven guilty. No purpose would be served -nor indeed is time available -to review all the crimes which the evidence has charged against their names. Nevertheless, in viewing the conspiracy as a whole and as an operating mechanism, it may be well to recall briefly the outstanding services which each of the men in the dock rendered to the common cause.

To be continued…

1 Comment

Filed under crime, ethics, Foreign Policy, germany, History, holocaust, laws and legislation, Military, national security, nazi germany, News and current events, Political Commentary, War on Terrorism, world war two in europe

The Indictment of America Today: Justice Robert Jackson’s Opening Statement at Nuremberg

Friends of Padre Steve’s World,

It is hard to write this series of articles in the wake of President Donald Trump’s pardoning of American soldiers convicted of War Crimes and the Crime of Aggressive War initiates by President George Bush against Iraq in 2003. Before such actions, even the My Lai Massacre and other atrocities in Vietnam I couldn’t imagine the United States government going against the Nuremberg War Crimes precedents or the words of Justice Robert Jackson who organized the trials and served as the chief American Prosecutor at the Major War Crimes Trials. Before those Trials Jackson noted something incredibly profound, which too many Americans, regardless of their political party or ideology fail to comprehend.

“If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.” Justice Robert Jackson International Conference on Military Trials, London, 1945, Dept. of State Pub.No. 3080 (1949), p.330.

However, Jackson’s words are not our reality, Bush and Trump are not out of the ordinary when it comes to Twentieth Century and even the Obama Administration which with the barest of obfuscation continued without asking for either a declaration of war or update to the 2001 Authorization for the Use of Force against Al Qaeda. In fact all of our military actions since 2001 have been based on that that one act by Congress, disregarding any other facts regarding those that we are fighting.

That brings me to tonight’s article and my articles for much of the next week.

On November 20th, 1945 twenty Nazi leaders took their seats in the dock in Saal 6oo (Courtroom 600) at the Palace of Justice in Nuremberg. The men were among the top leaders of the Third Reich, though there were a number of conspicuous absences. Adolf Hitler, Joseph Goebbels, and Heinrich Himmler had committed suicide as the Reich collapsed. Martin Bormann was missing and was believed to have escaped. Reinhard Heydrich died of wounds caused by Czech partisans in 1942.

Now, the men who ruled over most of Europe just three years before presented a sad sight. Deprived of their opulent uniforms and power they looked terrifyingly ordinary.

At 10 A.M., Presiding Judge, Sir Geoffrey Lawrence banged his gavel on his desk looking across the courtroom at the defendants and made his opening statement, saying:

“Before the defendants in this case are called upon to make their pleas to the indictment which has been lodged against them, and in which they are charged with Crimes against Peace, War Crimes, and Crimes against Humanity, and with a Common Plan or Conspiracy to commit those Crimes… The trial which is now about to begin is unique in the history of the jurisprudence of the World and it is of supreme importance to millions of people all over the globe…”

Two years ago during I stood next to that same defendant’s dock where Hermann Goering and nineteen other men sat. Goering had been Hitler’s number two man and designated successor until the last days of the war. The others in the dock with Goering were Governor General of Poland, Dr. Hans Frank; Minister of the Interior and Reich Protector of Bohemia-Moravia, Dr.Wilhelm Frick; General Alfred Jodl, Chief of Staff of the Oberkommando Der Wehrmacht; Field Marshal Wilhelm Keitel, Chief of the Oberkommando der Wehrmacht; Foreign Minister Joachim von Ribbentrop; Gauleiter of Thuringia, and head of Slave Labor programs, Fritz Sauckel; Dr. Arthur Rosenberg, Reich Minister for the Occupied Easter Territories, Dr. Arthur Seyess-Inquart, Reichskommissar of occupied Netherlands; Julius Streicher, Gauleiter of Franconia and publisher of the Nazi propaganda paper, Der Sturmer; Commander of the German Navy and Hitler’s successor, Grand Admiral Karl Donitz; Minister of Economics, Dr. Walter Funk; Deputy Fuhrer Rudolf Hess;;Foreign Minister, Baron Konstantin von Neurath; the First Commander of the German Navy under Hitler, Grand Admiral Erich Raeder; Head of the Hitler Youth, and Gauleiter of Vienna, Baldur von Schirach; Armaments Minister, Albert Speer; Hans Fritzsche of the Propaganda Ministry, Dr. Hjalmar Schlacht pre-war head of the Reichsbank, and Economics Minister, Franz von Papen, who also had served as Vice Chancellor, Ambassador to Austria and later Turkey.

Also indicted but not in the dock, were SS Obergrüppenfuhrer and Chief of the Reich Security Main Office, Ernst Kaltenbrunner, who was recovering from a mild stroke; Gustav Krupp von Bohlen und Halbach, Head of the Armaments and heavy industry conglomerate Friedrich Krupp AG, and Chief of The Nazi Party Chancellery Martin Bormann. Robert Ley, leader of The German Labor Front committed suicide in his cell before the trial began. Krupp was too sick and senile to go to trial.

On the second day of trial Associate Justice of the United States Supreme Court, Robert Jackson who was serving as Chief Prosecutor for the United States gave one of the most powerful opening statements in any trial. He said:

May it please Your Honour, the privilege of opening the first trial in history for crimes against the peace of the world imposes a grave responsibility. The wrongs which we seek to condemn and punish have been so calculated, so malignant and so devastating, that civilisation cannot tolerate their being ignored, because it cannot survive their being repeated. That four great nations, flushed with victory and stung with injury, stay the hands of vengeance and voluntarily submit their captive enemies to the judgement of the law, is one of the most significant tributes that Power ever has paid to Reason.

This Tribunal, while it is novel and experimental, is not the product of abstract speculations nor is it created to vindicate legalistic theories. This inquest represents the practical effort of four of the most mighty of nations, with the support of seventeen more, to utilise International Law to meet the greatest menace of our times -aggressive war. The common sense of mankind demands that law shall not stop with the punishment of petty crimes by little people. It must also reach men who possess themselves of great power and make deliberate and concerted use of it to set in motion evils which leave no home in the world untouched. It is a cause of that magnitude that the United Nations will lay before Your Honour.

In the prisoners’ dock sit twenty-odd broken men. Reproached by the humiliation of those they have led, almost as bitterly as by the desolation of those they have attacked, their personal capacity for evil is forever past. It is hard now to perceive in these miserable men as captives the power by which as Nazi leaders they once dominated much of the world and terrified most of it. Merely as individuals their fate is of little consequence to the world.

What makes this inquest significant is that these prisoners represent sinister influences that will lurk in the world long after their bodies have returned to dust. We will show them to be living symbols of racial hatreds, of terrorism and violence, and of the arrogance and cruelty of power. They are symbols of fierce nationalism and of militarism, of intrigue and war-making which embroiled Europe, generation after generation, crushing its manhood, destroying its homes, and impoverishing its life. They have so identified themselves with the philosophies they conceived, and with the forces they have directed, that tenderness to them is a victory and an encouragement to all the evils which attached to their names. Civilisation can afford no compromise with the forces which would gain renewed strength if we deal ambiguously or with the men in whom those forces now precariously survive.

What these men stand for we will patiently and temperately disclose. We will give you undeniable proofs of incredible events. The catalogue of crimes will omit nothing that could be conceived by a pathological pride, cruelty, and lust for power. These men created in Germany, under the “Fuehrerprinzip,” a National Socialist despotism equalled only by the dynasties of the ancient East. They took from the German people all those dignities and freedoms that we hold natural and inalienable rights in every human being, The people were compensated by inflaming and gratifying hatreds towards those who were marked as “scapegoats.” Against their opponents, including Jews, Catholics, and free labour the Nazis directed such a campaign of arrogance, brutality, and annihilation as the world has not witnessed since the pre-Christian ages. They excited the German ambition to be a “master race,” which of course implies serfdom others. They led their people on a mad gamble for domination. They diverted social energies and resources to the creation of what they thought to be an invincible war machine. They overran their neighbours. To sustain the “master race” in its war-making, they enslaved millions of human beings and brought them into Germany, where these hapless creatures now wander as “displaced persons.” At length, bestiality and bad faith reached such excess that they aroused the sleeping strength of imperilled Civilisation. Its united efforts have ground the German war machine to fragments. But the struggle has left Europe a liberated yet prostrate land where a demoralised society struggles to survive. These are the fruits of the sinister forces that sit with these defendants in the prisoners’ dock.

In justice to the nations and the men associated in this prosecution, I must remind you of certain difficulties which may leave their mark on this case. Never before in legal history has an effort been made to bring within the scope of a single litigation the developments of a decade covering a whole continent, and involving a score of nations, countless individuals, and innumerable events. Despite the magnitude of the task, the world has demanded immediate action. This demand has had to be met, though perhaps at the cost of finished craftsmanship. In my country, established courts, following familiar procedures, applying well-thumbed precedents, and dealing with the legal consequences of local and limited events, seldom commence a trial within a year of the event in litigation. Yet less than eight months ago to-day the courtroom in which you sit was an enemy fortress in the hands of German S.S. troops. Less than eight months ago nearly all our witnesses and documents were in enemy hands. The law had not been codified, no procedures had been established, no tribunal was in existence, no usable courthouse stood here, none of the hundreds of tons of official German documents had been examined, no prosecuting staff had been assembled, nearly all of the present defendants were at large, and the four prosecuting powers had not yet joined in common cause to try them. I should be the last to deny that the case may well suffer from incomplete researches, and quite likely will not be the example of professional work which any of the prosecuting nations would normally wish to sponsor. It is, however, a completely adequate case to the judgement we shall ask you to render, and its full development we shall be obliged to leave to historians.

Before I discuss particulars of evidence, some general considerations which may affect the credit of this trial in the eyes of the world should be candidly faced. There is a dramatic disparity between the circumstances of the accusers and of the accused that might discredit our work if we should falter, in even minor matters, in being fair and temperate.

Unfortunately, the nature of these crimes is such that both prosecution and judgement must be by victor nations over vanquished foes. The world-wide scope of the aggressions carried out by these men has left but few real neutrals. Either the victors must judge the vanquished or we must leave the defeated to judge themselves. After the First World War we learned the futility of the latter course. The former high station of these defendants, the notoriety of their acts, and the adaptability of their conduct to provoke retaliation make it hard to distinguish between the demand for a just and measured retribution, and the unthinking cry for vengeance which arises from the anguish of war. It is our task, so far as is humanly possible, to draw the line between the two. We must never forget that the record on which we judge these defendants today is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our lips as well. We must summon such detachment and intellectual integrity to our task that this trial will commend itself to posterity as fulfilling humanity’s aspirations to do justice.

At the very outset, let us dispose of the contention that to put these men to trial is to do them an injustice entitling them to some special consideration. These defendants may be hard pressed but they are not ill used. Let us see what alternative they would have to being tried.

More than a majority of these prisoners surrendered to or were tracked down by the forces of the United States. Could they expect us to make American custody a shelter for our enemies against the just wrath of our Allies? Did we spend American lives to capture them only to save them from punishment? Under the principles of the Moscow Declaration, those suspected war criminals who are not to be tried internationally must be turned over to individual governments for trial at the scene of their outrages. Many less responsible and less culpable American-held prisoners have been and will continue to be turned over to other United Nations for local trial. If these defendants should succeed, for any reason, in escaping the condemnation of this Tribunal, or if they obstruct or abort this trial, those who are American-held prisoners will be delivered up to our continental Allies. For these defendants, however, we have set up an International Tribunal, and have undertaken the burden of participating in a complicated effort to give them fair and dispassionate hearings. That is the best known protection to any man with a defence worthy of being heard. If these men are the first war leaders of a defeated nation to be prosecuted in the name of the law, they are also the first to be given a chance to plead for their lives in the name of the law. Realistically, the Charter of this Tribunal, which gives them a hearing, is also the source of their only hope. It may be that these men of troubled conscience, whose only wish is that the world forget them, do not regard a trial as a favour. But they do have a fair opportunity to defend themselves -a favour which, when in power, they rarely extended even to their fellow countrymen. Despite the fact that public opinion already condemns their acts, we agree that here they must be given a presumption of innocence, and we accept the burden of proving criminal acts and the responsibility of these defendants for their commission.

When I say that we do not ask for convictions unless we prove crime, I do not mean mere technical or incidental transgression of international conventions. We charge guilt on planned and intended conduct that involves moral as well as legal wrong. And we do not mean conduct that is a natural and human, even if illegal, cutting of corners, such as many of us might well have committed had we been in the defendants’ positions. It is not because they yielded to the normal frailties of human beings that we accuse them. It is their abnormal and inhuman conduct which brings them to this bar.

We will not ask you to convict these men on the testimony of their foes. There is no count in the Indictment that cannot be proved by books and records. The Germans were always meticulous record keepers, and these defendants had their share of the Teutonic passion for thoroughness in putting things on paper. Nor were they without vanity. They arranged frequently to be photographed in action. We will show you their own films. You will see their own conduct and hear their own voices as these defendants re-enact for you, from the screen, some of the events in the course of the conspiracy.

We would also make clear that we have no purpose to incriminate the whole German people. We know that the Nazi Party was not put in power by a majority of the German vote. We know it came to power by an evil alliance We would also make clear that we have no purpose to incriminate the whole German people. We know that the Nazi Party was not put in power by a majority of the German vote. We know it came to power by an evil alliance between the most extreme of the Nazi revolutionists, the most unrestrained of the German reactionaries, and the most aggressive of the German militarists. If the German populace had willingly accepted the Nazi programme, no Storm-troopers would have been needed in the early days of the Party, and there would have been no need for concentration camps or the Gestapo, both of which institutions were inaugurated as soon as the Nazis gained control of the German state. Only after these lawless innovations proved successful at home were they taken abroad.

The German people should know by now that the people of the United States hold them in no fear, and in no hate. It is true that the Germans have taught us the horrors of modern warfare, but the ruin that lies from the Rhine to the Danube shows that we, like our Allies, have not been dull pupils. If we are not awed German fortitude and proficiency in war, and if we are not persuaded of their political maturity, we do respect their skill in the arts of peace, their technical competence, and the sober, industrious and self-disciplined character of the masses of the German people. In 1933, we saw the German people recovering prestige in the commercial, industrial and artistic world after the set-back of the last war. We beheld their progress neither with envy nor malice. The Nazi regime interrupted this advance. The recoil of the Nazi aggression has left Germany in ruins. The Nazi readiness to pledge the German word without hesitation and to break it without shame has fastened upon German diplomacy a reputation for duplicity that will handicap it for years. Nazi arrogance has made the boast of the “master race” a taunt that will be thrown at Germans the world over for generations. The Nazi nightmare has given the German name a new and sinister significance throughout the world, which will retard Germany a century. The German, no less than the non-German world, has accounts to settle with these defendants.

The fact of the war and the course of the war, which is the central theme of our case, is history. From September 1st, 1939, when the German armies crossed the Polish frontier, until September, 1942, when they met epic resistance at Stalingrad, German arms seemed invincible. Denmark and Norway, the Netherlands and France, Belgium and Luxembourg, the Balkans and Africa, Poland and the Baltic States, and parts of Russia, all had, been overrun and conquered by swift, powerful, well-aimed blows. That attack on the peace of the world is the crime against international society which brings into international cognizance crimes in its aid and preparation which otherwise might be only internal concerns. It was aggressive war, which the nations of the world had renounced. It was war in violation of treaties, by which the peace of the world was sought to be safeguarded.

This war did not just happen -it was planned and prepared for over a long period of time and with no small skill and cunning. The world has perhaps never seen such a concentration and stimulation of the energies of any people as that which enabled Germany, twenty years after it was defeated, disarmed and dismembered, to come so near carrying out its plan to dominate Europe. Whatever else we may say of those who were the authors of this war, they did achieve a stupendous work in organisation, and our first task is to examine the means by which these defendants and their fellow conspirators prepared and incited Germany to go to war.

In general, our case will disclose these defendants all uniting at some time with the Nazi Party in a plan which they well knew could be accomplished only by an outbreak of war in Europe. Their seizure of the German State, their subjugation of the German people, their terrorism and extermination of dissident elements, their planning and waging of war, their calculated and planned ruthlessness in the conduct of warfare, their deliberate and planned criminality toward conquered peoples -all these are ends for which they acted in concert; and all these are phases of the conspiracy, a conspiracy which reached one goal only to set out for another and more ambitious one. We shall also trace for you the intricate web of organisations which these men formed and utilised to accomplish these ends. We will show how the entire structure of offices and officials was dedicated to the criminal purposes and committed to the use of the criminal methods planned by these defendants and their co-conspirators, many of whom war and suicide have put beyond reach.

It is my purpose to open the case, particularly under Count One of the Indictment, and to deal with the Common plan or Conspiracy to achieve ends possible only by resort to Crimes against Peace, War Crimes, and Crimes against Humanity. My emphasis will not be on individual perversions which may have occurred independently of any central plan. One of the dangers ever present in this trial is that it may be protracted by details of particular wrongs and that we will become lost in a “wilderness of single instances.” Nor will I now dwell on the activity of individual defendants except as it may contribute to exposition of the Common Plan.

The case as presented by the United States will be concerned with the brains and authority behind all the crimes. These defendants were men of a station and rank which does not soil its own hands with blood. They were men who knew how to use lesser folk as tools. We want to reach the planners and designers, the inciters and leaders without whose evil architecture, the world would not have been for so long scourged with the violence and lawlessness, and racked with the agonies and convulsions, of this terrible war.

I shall first take up the lawless road by which these men came to possess the power which they have so used. The chief instrumentality of cohesion in plan and action was the National Socialist German Workers Party, known as the Nazi Party. Some of the defendants were with it from the beginning. Others joined only after success seemed to have validated its lawlessness or power had invested it with immunity from the processes of the law. Adolf Hitler became its supreme leader or “Fuehrer” in 1921.

On the 24th February, 1920, at Munich, it publicly had proclaimed its programme (1708-PS). Some of its purposes would commend themselves to many good citizens, such as the demands for “profit-sharing in the great industries,” “generous development of provision for old age,” “a land reform suitable to our national requirements,” and “raising the standard of health.” It also made a strong appeal to that sort of nationalism which in ourselves we call patriotism and in our rivals chauvinism. It demanded “equality of rights for the German people in its dealing with other nations and the evolution of the peace treaties of Versailles and St. Germain.” It demanded the “union of all Germans on the basis of the right of self-determination of peoples to form a Great Germany.” It demanded “land and territory (colonies) for the enrichment of our people and the settlement of our surplus population.” All of these, of course, were legitimate objectives if they were to be attained without resort to aggressive warfare.

The Nazi Party from its inception, however, contemplated war. It demanded the “abolition of mercenary troops and the formation of a national army.” It proclaimed that “in view of the enormous sacrifice of life and property demanded of a nation by every war, personal enrichment through war must be regarded as a crime against the nation. We demand, therefore, ruthless confiscation of all war profits.” I do not criticise this policy. Indeed, I wish it were universal. I merely wish to point out that in a time of peace, war was a preoccupation of the Party, and it started the work of making war less offensive to the masses of the people. With this it combined a programme of physical training and sports for youth that became, as we shall see, the cloak for a secret programme of military training.

The Nazi Party declaration also committed its members to an anti-Semitic programme. It declared that no Jew or any person of non-German blood could be a member of the nation. Such persons were to be disfranchised, disqualified for office, subject to the alien laws, and entitled to nourishment only after the German population had first been provided for. All who had entered Germany after 2nd August, 1914, were to be required forthwith to depart, and all non-German immigration was to be prohibited.

The Party also avowed, even in those early days, an authoritarian and totalitarian programme for Germany. It demanded creation of a strong central power with unconditional authority, nationalisation of all businesses which had been “amalgamated,” and a “reconstruction” of the national system of education, which “must aim at teaching the pupil to understand the idea of the State (state sociology).” Its hostility to civil liberties and freedom of the Press was distinctly announced in these words: “It must be forbidden to publish newspapers which do not conduce to the national welfare. We demand the legal prosecution of all tendencies in art or literature of a kind likely to disintegrate our life as a nation, and the suppression of institutions which might militate against the above requirements.”

The forecast of religious persecution was clothed in the language of religious liberty, for the Nazi programme stated “We demand liberty for all religious denominations in the State.” But it continued with the limitation, “so far as they are not a danger to it and do not militate against the morality and moral sense of the German race.”

The Party programme foreshadowed the campaign of terrorism. It announced, “we demand ruthless war upon those whose activities are injurious to the common interests,” and it demanded that such offences be punished with death.

It is significant that the leaders of this Party interpreted this programme as a belligerent one, certain to precipitate conflict. The Party platform concluded:

“The leaders of the Party swear to proceed regardless of consequences -if necessary, at the sacrifice of their lives -toward the fulfilment of the foregoing points.”

It is this Leadership Corps of the Party, not its entire membership, that stands accused before you as a criminal Organisation.

We have not sought to include every person who may, at some time, have supported the Nazi Party, but only the leadership core which pledged itself to achieve its ends at the risk of their lives.

Let us now see how the leaders of the Party fulfilled their pledge to proceed regardless of consequences. Obviously, their foreign objectives, which were nothing less than to undo international treaties and to wrest territory from foreign control, as well as most of their internal programme, could be accomplished only by possession of the machinery of the German State. The first effort, accordingly, was to subvert the Weimar Republic by violent revolution. An abortive “putsch” at Munich in 1921 landed many of them in jail. A period of meditation which followed produced “Mein Kampf,” henceforth the source of law for the Party workers and a source of considerable revenue to its supreme leader. The Nazi plans for the violent overthrow of the feeble Republic then turned to plans for its capture.

No greater mistake could be made than to think of the Nazi Party in terms of the loose organisations which we of the Western world call “political parties.” In discipline, structure, and method the Nazi Party was not adapted to the democratic process of persuasion. It was an instrument of conspiracy and of coercion. The Party was not organised to take over power in the German State by winning the support of a majority of the German people; it was organised to seize power in defiance of the will of the people.

The Nazi Party, under the “Fuehrerprinzip,” was bound by an iron discipline into a pyramid, with the Fuehrer, Adolf Hitler, at the top and broadening into a numerous Leadership Corps, composed of overlords of a very extensive Party membership at the base. By no means all of those who may have supported the movement in one way or another were actual Party members. The membership took the Party oath which in effect amounted to an abdication of personal intelligence and moral responsibility. This was the oath: “I vow inviolable fidelity to Adolf Hitler; I vow absolute obedience to him and to the leaders he designates for me.” The membership in daily practise followed its leaders with an idolatry and self-surrender more Oriental than Western. We will not be obliged to guess as to the motives or goal of the Nazi Party. The immediate aim was to undermine the Weimar Republic. The order to all Party members to work to that end was given in a letter from Hitler of 24th August, 1931, to Rosenberg, of which we will produce the original.

Hitler wrote:-“I am just reading in the Volkischer Beobachter, edition 235/ 236 page 1, an article entitled ‘Does Wirth intend to come over?’ The tendency of the article is to prevent on our part a crumbling away from the present form of government. I myself am travelling all over Germany to achieve exactly the opposite. May I therefore ask that my own paper will not stab me in the back with tactically unwise articles …” (047-PS)

Captured film enables us to present the defendant, Alfred Rosenberg, who from the screen will himself tell you the story. The S.A. practised violent interference with the elections. We have here the reports of the S.D., describing in detail how its members later violated the secrecy of elections in order to identify those who opposed them. One of the reports makes this explanation:

“The control was effected in the following way: some members of the election-committee marked all the ballot-papers with numbers. During the ballot itself, a voters list was made up. The ballot-papers were handed out in numerical order, therefore it was possible afterwards with the aid of this list to find out the persons who cast no-votes or invalid votes. One sample of these marked ballot-papers is enclosed. The marking was done on the back of the ballot-papers with skimmed-milk.” (R-142)

The Party activity, in addition to all the familiar forms of political contest, took on the aspect of a rehearsal for warfare. It utilised a Party formation, “Die Sturmabteilungen,” commonly known as the S.A. This was a voluntary organisation of youthful and fanatical Nazis trained for the use of violence under semi-military discipline. Its members began by acting as bodyguards for the Nazi leaders and rapidly expanded from defensive to offensive tactics. They became disciplined ruffians for breaking up opposition meetings and the terrorisation of adversaries. They boasted that their task was to make the Nazi Party “master of the streets.” The S.A. was the parent organisation of a number of others. Its offspring included “Die Schutzstaffeln” commonly known as the S.S., formed in 1925, and distinguished for the fanaticism and cruelty of its members; “Der Sicherheitsdienst,” known as the S.D.; and “Die Geheime Staatspolizei,” the Secret State Police, the infamous Gestapo formed in 1934 immediately after Nazi accession to power.

A glance at a chart of the Party Organisation is enough to show how completely it differed from the political parties we know. It had its own source of law in the Fuehrer and it had its own courts and its own police. The conspirators set up a government within the Party to exercise outside the law every sanction that any legitimate State could exercise and many that it could not. Its chain of command was military, and its formations were martial in name as well as in function. They were composed of battalions set up to bear arms under military discipline, motorised corps, flying corps, and the infamous “Death Head Corps,” which was not misnamed. The Party had its own secret police, its security units, its intelligence and espionage division, its raiding forces, and its youth forces. It established elaborate administrative mechanisms to identify and liquidate spies and informers, to manage concentration camps, to operate death vans, and to finance the whole movement. Through concentric circles of authority, the Nazi Party, as its leadership later boasted, eventually organised and dominated every phase of German life -but not until they had waged a bitter internal struggle characterised by brutal criminality. In preparation for this phase of their struggle they created a party police system. This became the pattern and the instrument of the police State, which was the first goal in their plan.

The Party formation, including the Leadership Corps of the Party, the S.D., the S.S. the S.A. and the infamous Secret State Police, or Gestapo -all these stand accused before you as criminal organisations; organisations which, as we will prove from their own documents, were recruited only from the recklessly devoted Nazis, ready in conviction and temperament to do the most violent of deeds to advance the common programme. They terrorised and silenced democratic opposition and were able at length to combine with political opportunists, militarists, industrialists, monarchists and political reactionaries.

A glance at a chart of the Party Organisation is enough to show how completely it differed from the political parties we know. It had its own source of law in the Fuehrer and it had its own courts and its own police. The conspirators set up a government within the Party to exercise outside the law every sanction that any legitimate State could exercise and many that it could not. Its chain of command was military, and its formations were martial in name as well as in function. They were composed of battalions set up to bear arms under military discipline, motorised corps, flying corps, and the infamous “Death Head Corps,” which was not misnamed. The Party had its own secret police, its security units, its intelligence and espionage division, its raiding forces, and its youth forces. It established elaborate administrative mechanisms to identify and liquidate spies and informers, to manage concentration camps, to operate death vans, and to finance the whole movement. Through concentric circles of authority, the Nazi Party, as its leadership later boasted, eventually organised and dominated every phase of German life -but not until they had waged a bitter internal struggle characterised by brutal criminality. In preparation for this phase of their struggle they created a party police system. This became the pattern and the instrument of the police State, which was the first goal in their plan. The Party formation, including the Leadership Corps of the Party, the S.D., the S.S. the S.A. and the infamous Secret State Police, or Gestapo -all these stand accused before you as criminal organisations; organisations which, as we will prove from their own documents, were recruited only from the recklessly devoted Nazis, ready in conviction and temperament to do the most violent of deeds to advance the common programme. They terrorised and silenced democratic opposition and were able at length to combine with political opportunists, militarists, industrialists, monarchists, and political reactionaries.

On January 30,1933 Adolf Hitler became Chancellor of the German Republic. An evil combination, represented in the prisoner’s dock by its most eminent survivors, had succeeded in possessing itself of the machinery of the German Government, a facade behind which they thenceforth would operate to make reality of the war of conquest they so long had plotted. The conspiracy had passed into its second phase.

We shall now consider the steps, which embraced the most hideous of crimes against humanity, to which the conspirators resorted In perfecting control of the German State and in preparing Germany for the aggressive war indispensable to their ends.

The Germans of the 1920′ s were a frustrated and baffled people as a result of defeat and the disintegration of their traditional government. The democratic elements, which were trying to govern Germany through the new and feeble machinery of the Weimar Republic, got inadequate support from the democratic forces of the rest of the world. It is not to be denied that Germany, when world-wide depression added to her other problems, was faced with urgent intricate pressures in her economic and political life, which necessitated bold measures.

The internal measures by which a nation attempts to solve its problems are ordinarily of no concern to other nations. But the Nazi programme from the first was recognised as a desperate programme for a people still suffering the effects of an unsuccessful war. The Nazi policy ends recognised as attainable only by a renewal and more successful outcome of war. The conspirators’ answer to Germany’s problems was nothing less than to plot the the regaining of territories in the First World War and the acquisition of other fertile lands of Eastern Europe by dispossessing or exterminating those who inhabited them. They also contemplated destroying or permanently weakening all other neighbouring peoples so as to win virtual domination over Europe and probably over the world. The precise limits of their ambition we need not define, for it was and is as illegal to wage aggressive war for small stakes as for large ones.

We find at this period two governments in Germany-the real and the ostensible. The form of the German Republic was maintained for a time, and it was the outward and visible government. But the real authority in the State was outside of and above the law and rested in the Leadership Corps of the Nazi Party.

On February 27, 1933, less than a month after Hitler became Chancellor, the Reichstag building was set on fire. The burning of this symbol of free parliamentary government was so providential for the Nazis that it was believed they staged the fire themselves. Certainly when we contemplate their known crimes, we cannot believe they would shrink from mere arson. It is not necessary, however, to resolve the controversy as to who set the fire. The significant point is in the use that was made of the fire and of the state of public mind it produced. The Nazis immediately accused the Communist Party of instigating and committing the crime, and turned every effort to portray this single act of arson as the beginning of a Communist revolution. Then, taking advantage of the hysteria, the Nazis met this phantom revolution with a real one. In the following December, the German Supreme Court, with commendable courage and independence, acquitted the accused Communists, but it was too late to influence the tragic course of events which the Nazi conspirators had set rushing forward.

Hitler, on the morning after the fire, obtained from the aged and ailing President von Hindenburg a Presidential decree suspending the extensive guarantees of individual liberty contained in the constitution of the Weimar Republic. The decree provided that “Sections 114, 115, 117, 118, 123, 124, and 153 of the constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the Press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications and warrants for house searches, orders for confiscation as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.” (1390-PS)

The extent of the restriction on personal liberty under the decree of 28th February, 1933, may be understood by reference to the rights under the Weimar Constitution which were suspended:

Article 114. The freedom of the person is inviolable. Curtailment or deprivation of personal freedom by a public authority is only permissible on a legal basis. Persons who have been deprived of their personal freedom must be informed at the latest on the following day by whose authority and for what reasons the deprivation of freedom was ordered. Opportunity shall be afforded them without delay of submitting objection to their deprivation of freedom.

Article 115. Every German’s home is his sanctuary and is inviolable. Exceptions may only be made as provided by law.

Article 117. The secrecy of letters and all postal, telegraphic and telephone communications is inviolable. Exceptions are inadmissible except by Reich law.

Article 118. Every German has the right, within the limits of the general laws, to express his opinions freely in speech, in writing, in print, in picture form or in any other way. No condition of work or employment may detract from this right and no disadvantage may accrue to him from any person making use of this right.

Article 123. All Germans have the right to assemble peacefully and unarmed without giving notice and without special permission. A Reich law may make previous notification obligatory for assemblies in the open air, and may prohibit them in the case of immediate danger to the public safety.

Article 124. All Germans have the right to form associations or societies for purposes not contrary to criminal law. This right may not be curtailed by preventive measures. The same provisions apply to religious associations and societies. Every association may become incorporated (Erwerb der Rechtsfaehigkeit) according to the provisions of the civil law. The right may not be refused to any association on the grounds that its aims are political, social-political or religious.

Article 153. Property is guaranteed by the Constitution. Its content and limits are defined by the laws. Expropriation can only take place for the public benefitand on a legal basis. Adequate compensation shall be granted, unless a Reich law orders otherwise. In the case of dispute concerning the matter to the ordinary civil courts, unless Reich laws determine otherwise. Compensation must be paid if the Reich expropriates property belonging to the Lands, Communes, or public utility associations. Property carries obligations. Its use shall also serve the common good.” (2050-PS)

It must be said, in fairness to von Hindenburg, that the Constitution itself authorised him temporarily to suspend these fundamental rights “if the public safety and order in the German Reich are considerably disturbed or endangered.” It must also be acknowledged that President Ebert previously had invoked this power.

But the National Socialist coup was made possible because the terms of the Hitler-Hindenburg decree departed from all previous ones in which the power of suspension had been invoked. Whenever President Ebert had suspended constitutional guarantees of individual rights, his decree had expressly revived the Protective Custody Act adopted by the Reichstag in 1916 during the previous war. This Act guaranteed a judicial hearing within twenty-four hours of arrest, gave a right to have counsel and to inspect all relevant records, provided for appeal, and authorised compensation from Treasury funds for erroneous arrests.

The Hitler-Hindenburg decree of 28th February, 1933, contained no such safeguards. The omission may not have been noted by von Hindenburg. Certainly he did not appreciate its effect. It left the Nazi police and party formations, already existing and functioning under Hitler, completely unrestrained and irresponsible. Secret arrest and indefinite detention without charges, without evidence, without hearing, without counsel, became the method of inflicting inhuman punishment on any whom the Nazi police suspected or disliked. No court could issue an injunction, or writ of habeas corpus, or certiorari. The German people were in the hands of the police, the police were in the hands of the Nazi Party, and the Party was in the hands of a ring of evil men, of whom the defendants here before you are surviving and representative leaders.

The Nazi conspiracy, as we shall show, always contemplated not merely overcoming current opposition, but exterminating elements which could not be reconciled with its philosophy of the State. It not only sought to establish the Nazi “new order” but to secure its way, as Hitler predicted, “for a thousand years.” Nazis were never in doubt or disagreement as to what those dissident elements were. They were concisely described by one of them, Col. General von Fritzsche, on 11th December, 1938, in these words:

“Shortly after the first war I came to the conclusion that we should have to be victorious in three battles if Germany were to become powerful again: (1) The battle against the working class -Hitler has won this; (2) Against the Catholic Church, perhaps better expressed against Ultramontanism (3) Against the Jews.” (1947-PS)

The warfare against these elements was continuous. The battle in Germany was but a practice skirmish for the world-wide drive against them. We have here in point of geography and of time two groups of crimes against humanity -one within Germany before and during the war, the other in occupied territory during the war. But the two are not separated in Nazi planning. They are a continuous unfolding of the Nazi plan to exterminate peoples and institutions which might serve as a focus or instrument for overturning their “new world order” at any time. We consider these Crimes against Humanity in this address as manifestations of the one Nazi Plan and discuss them according to General von Fritsche’s classification…

Jackson would continue his statement and address the battle against the Working Class, the battle against the churches, the crimes committed against the Jews, crimes in the conduct of war. I will deal with each of these In later articles.

Jackson concluded his opening statement with this words, and they are important, not only to the Nuremberg Process, but in our day today:

While the defendants and the prosecutors stand before you as individuals, it is not the triumph of either group alone that is committed to your judgement. Above all personalities there are anonymous and impersonal forces whose conflict makes up much of human history. It is yours to throw the strength of the law behind either the one or the other of these forces for at least another generation. What are the forces that are contending before you?

No charity can disguise the fact that the forces which these defendants represent, the forces that would advantage and delight in their acquittal, are the darkest and most sinister forces in society-dictatorship and oppression, malevolence and passion, militarism and lawlessness. By their fruits we best know them. Their acts have bathed the world in blood and set civilisation back a century. They have subjected their European neighbours to every outrage and torture, every spoliation and deprivation that insolence, cruelty, and greed could inflict. They have brought the German people to the lowest pitch of wretchedness, from which they can entertain no hope of early deliverance. They have stirred hatreds and incited domestic violence on every continent. There are the things that stand in the dock shoulder to shoulder with these prisoners.

The real complaining party at your bar is Civilisation. In all our countries it is still a struggling and imperfect thing. It does not plead that the United States, or any other country, has been blameless of the conditions which made the German people easy victims to the blandishments and intimidations of the Nazi conspirators.

But it points to the dreadful sequence of aggression and crimes I have recited, it points to the weariness of flesh, the exhaustion of resources, and the destruction of all that was beautiful or useful in so much of the world, and to greater potentialities for destruction in the days to come. It is not necessary among the ruins of this ancient and beautiful city with untold members of its civilian inhabitants still buried in its rubble, to argue the proposition that to start or wage an aggressive war has the moral qualities of the worst of crimes. The refuge of the defendants can be only their hope that International Law will lag so far behind the moral sense of mankind that conduct which is crime in the moral sense must be regarded as innocent in law.

Civilisation asks whether law is so laggard as to be utterly helpless to deal with crimes of this magnitude by criminals of this order of importance. It does not expect that you can make war impossible. It does expect that your juridical action will put the forces of International Law, its prospects, its prohibitions and, most of all, its sanctions, on the side of peace, so that men and women of good will, in all countries, may have “leave to live by no man’s leave, underneath the law.”

Following the trials of the major war criminals, eleven more trials were held, including the Doctor’s Trial, a General’s Trial, also known as the Hostage Trial, and the Einsatzgruppen Trial, as well as others.

To stand in the courtroom where such evidence was presented and powerful testimony given was humbling. To see where learned men, powerful, and even respected men, who had so willingly sacrificed any trace of personal honor and morality, men who aided and abetted a regime which committed the most heinous crimes committed by a civilized “Christian” nation in history left me silent. I have studied these trials since I was in college over 35 years ago. My primary professor, Dr. Helmut Haeussler was an interpreter at the trials.

Since that time I have continued to study them and today as I see the rise of Right Wing movements in Europe, as well as the United States, movements which have at their core many of the same beliefs and principles held by Hitler, the Nazi Party, and the men who stood trial at Nuremberg I find myself frightened.

This is especially so in the United States where Donald Trump has made repeated policy statements limiting civil rights and freedom of speech, limiting the role of the courts, curtailing freedom of the press, favoring one religion above others, curtailing the legal and civil rights of whole groups of people, expelling millions of people, banning whole groups of other people entry into the country, promising to rid the government of his opponents, to fire military leaders who disagree with him in mass, to commit the military to use methods that are condemned as war crimes, war crimes such as were prosecuted by the United States and her Allies at Nuremberg.

To make matters more frightening, many of Trump’s supporters see no problem with this and are often shown on video threatening opponents, advocating even more extreme and violent measures than Trump himself. They justify their proposed polices by saying that these measures are to “protect the country,” and to Make America Great Again.” 

But at what price?

In Judgement at Nuremberg, the film version of the Judges’ Trial, Spencer Tracy played Judge Dan Heywood. In the scene at which the verdicts were read, he gave this speech, some of which echoed the words of Justice Robert Jackson’s closing argument in the Major War Criminal Trial.

“Janning, to be sure, is a tragic figure. We believe he loathed the evil he did. But compassion for the present torture of his soul must not beget forgetfulness of the torture and the death of millions by the Government of which he was a part. Janning’s record and his fate illuminate the most shattering truth that has emerged from this trial: If he and all of the other defendants had been degraded perverts, if all of the leaders of the Third Reich had been sadistic monsters and maniacs, then these events would have no more moral significance than an earthquake, or any other natural catastrophe.

But this trial has shown that under a national crisis, ordinary – even able and extraordinary – men can delude themselves into the commission of crimes so vast and heinous that they beggar the imagination. No one who has sat through the trial can ever forget them: men sterilized because of political belief; a mockery made of friendship and faith; the murder of children. How easily it can happen. There are those in our own country too who today speak of the “protection of country” – of ‘survival’. A decision must be made in the life of every nation at the very moment when the grasp of the enemy is at its throat. Then, it seems that the only way to survive is to use the means of the enemy, to rest survival upon what is expedient – to look the other way. Well, the answer to that is ‘survival as what’? A country isn’t a rock. It’s not an extension of one’s self. It’s what it stands for. It’s what it stands for when standing for something is the most difficult! Before the people of the world, let it now be noted that here, in our decision, this is what we stand for: justice, truth, and the value of a single human being.”

A nation is what it stands for. The ideals that have marked the American experiment have never been perfectly practiced by the United States, but they are still the hallmark of the last and greatest hope of civilization. They are the ideals which lead people around the world to want to become Americans, they are the ideals which sustain us. But what Trump and his followers say is that they are not important, and in fact should be limited or abrogated entirely. But this is the way of expediency, and the end of the American experiment.

Standing beside the dock at Nuremberg I was humbled by the fact that I was where such history had been made, and at the same time I was frightened for my country and the world. This is important because the United States is not immune from going down the path of the Third Reich. Historian Timothy Snyder wrote:

“The European history of the twentieth century shows us that societies can break, democracies can fall, ethics can collapse, and ordinary men can find themselves standing over death pits with guns in their hands. It would serve us well today to understand why.”

The Nuremberg trials help us to understand why. We cannot forget them.

Until tomorrow,

Peace

Padre Steve+

Leave a comment

Filed under crime, ethics, History, holocaust, iraq,afghanistan, nazi germany, Political Commentary, War on Terrorism

Happy 244th Birthday Marines

 

Friends of Padre Steve’s World,

i will take a momentary break from politics and everything else to wish all United States Marines a Happy 244th Birthday. This one is more special than many others because my nephew Darren is now a Marine.

Honestly, after all that we have been through as a country this year, today is one of these days where I just want to wish people well. Those men and women are those of the United States Marine Corps, with whom I have have spent almost ten years of my thirty-five year military career assigned to or in support of as a chaplain. Today is the 244th anniversary of the establishment of the Marine Corps and its founding at Tun Tavern, in Philadelphia. Today I wish all those who have served past, present and future, especially those who I have served alongside a happy birthday.

On November 10th 1775 the Continental Congress passed a resolution that stated:

Resolved, that two Battalions of Marines be raised consisting of one Colonel, two Lieutenant Colonels, two Majors & Officers as usual in other regiments, that they consist of an equal number of privates with other battalions; that particular care be taken that no persons be appointed to office or enlisted into said Battalions, but such as are good seamen, or so acquainted with maritime affairs as to be able to serve to advantage by sea, when required. That they be enlisted and commissioned for and during the present war with Great Britain and the colonies, unless dismissed by Congress. That they be distinguished by the names of the first & second battalions of American Marines, and that they be considered a part of the number, which the continental Army before Boston is ordered to consist of.

The history of the Marine Corps is one of the most fascinating of any armed service in the world. Starting out as a tiny force attached to Navy ships and shipyards the Corps has gained prominence as one of the premier fighting forces ever assembled. Flexible and deployable anywhere in the world on short notice the Marine Corps has seen action in “every place and clime” and continues to serve around the world.

In 1775 a committee of the Continental Congress met at Philadelphia’s Tun Tavern to draft a resolution calling for two battalions of Marines able to fight for independence at sea and on shore.  The resolution was approved on November 10, 1775, officially forming the Continental Marines. The first order of business was to appoint Samuel Nicholas as the Commandant of the newly formed Marines.

Robert Mullan the owner and proprietor of the said Tun Tavern became Nicholson’s first captain and recruiter. They began gathering support and were ready for action by early 1776.  They served throughout the War for Independence and like the Navy they were disbanded in April 1783 and reconstituted as the Marine Corps in 1798.

The Marines served on the ships of the Navy in the Quasi-war with France, against the Barbary Pirates where a small group of 8 Marines and 500 Arabs under Lieutenant Presley O’Bannon made a march of 500 miles across the Libyan Desert to lay siege Tripoli but only reached Derna. The action is immortalized in the Marine Hymn as well as the design of the Marine Officer’s “Mameluke” Sword. They served in the War of 1812, the Seminole Wars and in the Mexican-American War where in the storming of the on Chapultepec Palace they continued to build and enduring legacy. In the months leading up to the Civil War they played a key role at home and abroad.  In October 1859 Colonel Robert E. Lee led Marines from the Marine Barracks Washington DC to capture John Brown and his followers who had captured the Federal Armory at Harper’s Ferry.

The Corps would serve through the Civil War and on into the age of American Expansion serving in the Spanish American War in the Philippines, Puerto Rico and Cuba where they seized Guantanamo Bay at the battle of Cuzco Wells.  The would serve in China and be a key component of the international force that defended foreign diplomats during the Boxer Revolt as well as the international force that would relieve the diplomatic compound in Peking (Beijing).  In World War One the Marines stopped the German advance at Chateau Thierry and cemented their reputation as an elite fighting force at Belleau Wood where legend has it that the Germans nicknamed them Teufelhunden or Devil Dogs, a name that they Marines have appropriated with great aplomb.

During the inter-war years the Marines were quite active in the Caribbean and Asia and also developed amphibious tactics and doctrine that would be put to use in the Pacific Campaign.  During the war the Marines served in all theaters but won enduring fame at Wake Island, Guadalcanal, Tarawa, Iwo Jima, Okinawa and numerous other battles in the Pacific war. Marine Aviators flew in some the most desperate actions in the war to support the Navy and amphibious operations ashore.

After the war the Truman Administration sought to eliminate the Marine Corps but the Corps was saved by the efforts of Americans across the country and Marine supporters in Congress.  That was a good thing because the Marines were instrumental in keeping the North Koreans from overrunning the South during the Korean War on the Pusan Perimeter, turned the tide at Inchon and helped decimate Communist Chinese forces at the Chosin Reservoir.  After Korea the Marines would serve around the World in the Caribbean and Lebanon and in Vietnam where at Da Nang Keh Sanh, Hue City, Con Thien fighting the North Vietnamese and their Viet Cong allies.  The Marines took the initiative to implement innovative counter insurgency measures such as the Combined Action Platoons which enjoyed tremendous success until they were shut down by the Army high command.  These lessons would serve the Marines well in the new millennium during the Anbar Awakening in Iraq which changed the course of that insurgency and war.

The Marines would again be involved around the World after Vietnam serving in the Cold War, in Lebanon and the First Gulf War which was followed by actions in Somalia, the Balkans and Haiti. After the attacks of September 11th 2001 the Marines were among the first into Afghanistan helping to drive the Taliban from power. In the Iraq Campaign the Marines had a leading role both in the invasion and in the campaign in Al Anbar Province.  After their withdraw from Iraq the Marines became a central player in Afghanistan where they were engaged around Khandahar and in Helmand Province. In the wake of the ISIS gains in Syria and Iraq the Marines returned to Iraq serving to help train and advise Iraqi Army units in areas of Al Anbar Province and other areas of that country, while others have been involved in relief efforts in Puerto Rico following Hurricane Maria. If by some chance war breaks out on the Korean Peninsula, Marines will be among the first to respond.

The Marines are elite among world military organizations and continue to “fight our nations battles on the air and land and sea.” The Corps under General John LeJeune institutionalized the celebration of the Marine Corps Birthday and their establishment at Tun Tavern. General LeJeune issued this order which is still read at every Marine Corps Birthday Ball or observance:

MARINE CORPS ORDER No. 47 (Series 1921)
HEADQUARTERS
U.S. MARINE CORPS Washington, November 1, 1921

The following will be read to the command on the 10th of November, 1921, and hereafter on the 10th of November of every year. Should the order not be received by the 10th of November, 1921, it will be read upon receipt.

On November 10, 1775, a Corps of Marines was created by a resolution of Continental Congress. Since that date many thousand men have borne the name “Marine”. In memory of them it is fitting that we who are Marines should commemorate the birthday of our corps by calling to mind the glories of its long and illustrious history.

The record of our corps is one which will bear comparison with that of the most famous military organizations in the world’s history. During 90 of the 146 years of its existence the Marine Corps has been in action against the Nation’s foes. From the Battle of Trenton to the Argonne, Marines have won foremost honors in war, and in the long eras of tranquility at home, generation after generation of Marines have grown gray in war in both hemispheres and in every corner of the seven seas, that our country and its citizens might enjoy peace and security.

In every battle and skirmish since the birth of our corps, Marines have acquitted themselves with the greatest distinction, winning new honors on each occasion until the term “Marine” has come to signify all that is highest in military efficiency and soldierly virtue.

This high name of distinction and soldierly repute we who are Marines today have received from those who preceded us in the corps. With it we have also received from them the eternal spirit which has animated our corps from generation to generation and has been the distinguishing mark of the Marines in every age. So long as that spirit continues to flourish Marines will be found equal to every emergency in the future as they have been in the past, and the men of our Nation will regard us as worthy successors to the long line of illustrious men who have served as “Soldiers of the Sea” since the founding of the Corps.

JOHN A. LEJEUNE,
Major General
Commandant

I have had the privilege to have served with the Marines directly or indirectly for nearly ten of the thirty-seven years that I have served in the military. In addition to that I wear the Fleet Marine Force Officer Warfare Qualification device and I am a graduate of the Marine Corps Command and Staff College. I have been able to celebrate the Marine Corps Birthday with Marines in places like Ramadi and Guantanamo Bay. For me it is an honor to have served with so many great Americans.

So to all my Marine Corps friends, and any other Marines who read this piece, have a great night and Semper Fidelis.

Peace

Padre Steve+

Leave a comment

Filed under History, iraq,afghanistan, Military, shipmates and veterans, Tour in Iraq, US Marine Corps, US Navy, War on Terrorism, world war one, world war two in the pacific

Trump Sets Stage for Turkish Offensive and Genocide Against Syrian Kurds

  

Awaiting Orders, Turkish Armor on Syrian Border

Friends of Padre Steve’s World,

I was stunned to find out Sunday that President Trump announced that U.S. advisors and other troops backing the Kurds in Syria were going to be pulled out in order to aid a Turkish offensive against them. It was an announcement evoked strong bi-partisan condemnations in Congress, but it appears that the President will not make down.

       U.S. Troops Pulling Out to Make Way for Turkish Offensive 

During the war against ISIS, or the Islamic State, it was the Kurds who were our most effective and and loyal ally. It was mostly due to their military prowess and sacrifice, that we achieved a large measure of success in defeating ISIS on the battlefields of Syria and Iraq. For the most part they did the dying for us and still are doing so. The Kurds were also responsible for clearing ISIS from much of northern Iraq.

Kurdish Forces in Action 

While crippled, ISIS is not yet defeated, its key leaders remain alive and the Kurds are necessary to ensure their final defeat. Our military commitment inside Syria has been minimal and achieved greater success than our substantially greater efforts in Iraq or Afghanistan. The Joint operations with the Kurds in Syrian and northwestern Iraq have arguably been our most successful operations in the Middle East since we invaded Afghanistan eighteen years ago.

Over a hundred years ago T. E. Lawrence provides the template for success that we have used with the Kurds. While we have given them important help, it has been their war to win or lose. Lawrence wrote his superiors:

“Do not try to do too much with your own hands. Better the Arabs do it tolerably than that you do it perfectly. It is their war, and you are to help them, not to win it for them. Actually, also, under the very odd conditions of Arabia, your practical work will not be as good as, perhaps, you think it is.”

We could keep doing that if we didn’t have a President who is willing to cut and run, and abandon the Kurds to the Turks under their leader Recep Erdogan. Erdogan is not just a Turk Nationalist, he is an Islamist. He and for that matter many generations of Turks have desired to crush the Kurds, a people left without a state when the borders of the former Ottoman Empire were redrawn after World War One. They live in Iraq, Syrian, and eastern Turkey. They are a distinct ethnic group who only want freedom and to be left in peace.

Now all the success against ISIS is in doubt and the Turks will have a free hand to exterminate the Kurds. History shows that they are quite good at genocide. The Armenian genocide was bloody and brutal. Between 700,000 and 1.5 million  Armenians were killed, others used as Slave Labor, placed in Concentration Camps, subjected to poison gas, infected with Typhus, in some cases pushed out to sea in overloaded unseaworthy small boats in condition that left them to drown.  Still others driven into the Syrian desert. The genocide began in 1915 and continued after the war, however, over the preceding decades they had been subjected to smaller yet brutal pogroms. At the same time the Turks conducted similar operations against ethnic Greeks and Abyssinians.

Now, the American President is presenting Turkey its long delayed chance to eliminate the Kurds. Sadly, with his emigration policies, those men and women who have fought alongside of us for the better part of a decade will not be afforded asylum and left to the bloody designs of the Turks, and the revenge of ISIS.

In response to his critics the President tweeted something so incredibly inane that I cannot begin to fathom it:

If he really believes this he should be removed from office under the 25th Amendment. Anyone who says that they have Great and Unmatched Wisdom” as they threaten to destroy the economy of another country with good options for support, such as Russia and China, our economic and military competitors is a loon.

At this point I can only imagine the worst, unless Congress votes to overturn his unilateral action. The blood of the Kurds will be on our hands, and we will be saddled with the reputation of being an unreliable ally that cannot be trusted. That is already happening across the globe as long time allies explore non-U.S. based options for their security. In such a case no amount of military might can save us. We will be alone, but then that is what Trump wants. He thinks an omnipotent military, a tightly controlled police state, and economic isolation through tariff after tariff, including against allies will Make America Great? 

Although all of this is connected I digress. We are watching the President melt down before our eyes. His actions are erratic and setting us, all of us, his supporters and opponents alike up for disaster, economic, and possibly military. In his desperation to save his Presidency with impeachment looming, it is highly likely that he will become more unstable and devolve further.

But right now I expect the worst for the Kurds.

Anyway, until tomorrow,

Peace,

Padre Steve+

 

 

 

2 Comments

Filed under Foreign Policy, History, middle east, Military, national security, Political Commentary, War on Terrorism

“So it Goes” Remembering the Day Before 9-11-2001 and the Beginning Of War Without End

The twin Towers, September 10th 2001 

Friends of Padre Steve’s World,

After 18 years of unending war, terrorism, and the paranoia that come with it, I almost find it hard to remember what things were like on September 10th 2001.

I had been in the military over 20 years by then, but having resigned my commission as a Major in the Army Reserve in order to return to active duty as a Navy Chaplain serving with the 2nd Marine Division at a lower rank, I try to think about Monday, September 10th once in a while.

Despite coming close to a ground war in Kosovo in 1999, we had settled into the norms of peacetime training and preparation for whatever the next crisis might be. I had participated in the preparations for the Kosovo campaign, which thankfully we were prevented from going into a ground war over due to Serbian President Slobodan Miloševićat blinking at the last minute and agreeing to a ceasefire and withdraw from Kosovo, which could have led to a wider war in the Balkans and with Russia.

On the night of September 10th 2001 my mind was as far from war and terror as it could be. I was much more interested in the MLB Pennant Race than I was anything going on in the world, after all the only issues we faced were occasional, if deadly terrorist attacks on foreign installations and deployed ships like the USS Cole.  But as to the security of the Continental United States, or as it has been referred to by some since 9-11 as “the Homeland” I wasn’t concerned. Somehow, despite my knowledge, understanding and study of terrorist groups I just never thought anyone could pull off an attack of this magnitude.  The next morning I discovered just how wrong I was as the first reports came in while I was on my way to a late PT session at Camp LeJeune North Carolina where I was serving with the Second Marine Division, but that is a story for tomorrow night.

September 10th was a normal and pretty much a typical September day in America. The Denver Broncos beat the New York Giants in Denver that night. The Seattle Mariners won their 104th game of the season, defeating the Anaheim Angels 5-1.

But the next morning changed all of our lives and ushered in what is now 18 years of war which has cost the United States military almost 80,000 casualties including over 7,000 dead or died of wounds. Of course that does not count non-DOD agency casualties, or those of the contractors who have been a big part of the war effort, nor does it count the number of friendly Afghans, Iraqis, and others who have to use the antiseptic and dehumanizing term collateral damage, who have been killed, maimed, or displaced by nearly two decades of war.

Eighteen years after 9-11-2001 we are not only still at war, but it is becoming a war without end. President Trump tried and failed using ham handed tactics to make a deal with the Taliban, including a meeting that was to occur yesterday at Camp David to allegedly secure a peace deal that would net him the Nobel Peace Prize. That didn’t happen after Taliban fighters killed yet another American soldier in combat last week. Of course the deaths of over a dozen other Americans since January, not to mention hundreds of Afghan soldiers, police and civilians who have died at the hands of the Taliban and the descendants of the original Al Qaida. Those lives didn’t matter as long as the President thought he could get a deal to end the war, then with Taliban representatives at his doorstep he called the talks off. Personally I don’t think the President really cared about any of those lives, he hasn’t mentioned any of them over the past year, nor gone to their funerals, or met their remains at Andrews Air Force Base, so what happened had to be about him, otherwise why invite Taliban leaders to meet with him of the week of the anniversary of the 9-11-2001? If not to get a deal.

Eighteen years ago, I figured that after a few months Al Qaeda would be no more, and the war that they had unleashed upon us would be over. however I was wrong. Now now, many of the sailors, soldiers, marines, and airmen I deal with were just children or not even born when the attacks happened.

In just over six months I will be retired from the military, and as Kurt Vonnegut wrote in Slaughterhouse Five: “So it goes…” 

Have a good night, until tomorrow,

Peace

2 Comments

Filed under crime, History, iraq,afghanistan, middle east, national security, News and current events, Political Commentary, terrorism, War on Terrorism

Benjamin Ferencz and the Pursuit Of International Justice: “A true patriot will support his country when it is right but will have the courage to speak out when it’s wrong and try to set it right.”

Friends of Padre Steve’s World,

Last night I watched the biographical documentary of Benjamin Ferencz, who at the age of 27 served as the chief prosecutor at the Nuremberg Einsatzgruppen Trials In 1947, on Netflix. The title is Prosecuting Evil: the Extraordinary World Of Ben Ferencz. It is well worth the time to watch. Ferencz is now 98 years old and has been a driving force in the prosecution of war crimes. Probably more than any other American took to heart the message of Justice Robert Jackson:

If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.”

Ferencz, took, and still takes that seriously. He fought long and hard for the establishment of the International Criminal Court and delivered the closing argument in its first prosecution of a war criminal, Thomas Lubanga Dyilo, for his use of child soldiers in the Democratic Republic Of the Congo, the Trial ended in 2006, with Dyilo’s conviction.

Ferencz was brought into the Nuremberg process because of his experience investigating Concentration Camps during and shortly after the war while still in the Army, by Colonel, Later General Telford Taylor, who was appointed to direct the 12 trials that followed the trial of the Major War Criminals. Ferencz discovered the evidence of the crimes of the Einsatzgruppen while doing investigations for Taylor, and he volunteered to take the lead in prosecuting the highest ranking of those killers. Taylor said:

“The laws of war do not apply only to the suspected criminals of vanquished nations. There is no moral or legal basis for immunizing victorious nations from scrutiny. The laws of war are not a one-way street.

Ferencz understood that, and ever since Nuremberg has been a consistent force in the conscience of the nation and international law. I had read about him many times, as well as the Einsatzgruppen Trials. As I watched the documentary about him, which included many interviews with him, I was amazed by how much he was like my history professor at California State University, Northridge, Dr. Helmut Haeussler in the pursuit of truth and justice, who served as an interpreter at Nuremberg and introduced me to victims of the Holocaust, people who survived Auschwitz.

Since that time, as a historian I have been devoted to telling the truth about the Holocaust and bearing witness, even as I confront Holocaust deniers, anti-semites, and Neo-Nazis.

Ferencz made history, and by his continued witness, and at the age of 98 still makes history and inspires men like me to want to make a difference after I retire from the Navy by bearing witness when all of the survivors are gone. Benjamin Ferencz never retired in his quest for justice. He noted:

“Nuremberg taught me that creating a world of tolerance and compassion would be a long and arduous task. And I also learned that if we did not devote ourselves to developing effective world law, the same cruel mentality that made the Holocaust possible might one day destroy the entire human race.”

I agree with him and no matter how long I live I will travel, research, write, and testify on behalf of the victims of the Holocaust and other genocides so that they won’t happen again.

Ferencz spoke out against the Invasion of Iraq in 2003, about American War Crimes in Vietnam, and in what we call The War on Terror. To be sure he labels those who attacked us in 2001 as War Criminals based on the Nuremberg statutes, but he has also been critical of the United States.

Ferencz said: “A true patriot will support his country when it is right but will have the courage to speak out when it’s wrong and try to set it right.”

I want to devote the remaining part of my life to making sure that the truth is told and such events of mass murder never happen again. I will do my best to live according to his ethos, as well as that of Robert Jackson,

Until tomorrow,

Peace,

Padre Steve+

3 Comments

Filed under ethics, History, holocaust, laws and legislation, Military, national security, nazi germany, war crimes, War on Terrorism