Tag Archives: Benjamin Ferencz

“Each Assumed the Right to Decide the Fate of Men, and Death was the Intended Result of his Power and Contempt” : The Einsatzgruppen Trial Part One


Friends of Padre Steve’s World,

Over the past week I have been writing about the Nazi crimes against humanity in Poland and the Soviet Union I want to spend just a bit of time discussing the leaders of the Einsatzgruppen who were tried at Nuremberg beginning on September 29th 1947.  It was nearly a miracle that these men would face justice, for the evidence that condemned them had not been found until most of the war crimes trials were over, resources And personnel for the American War Crimes Tribunals drying up, and with the Cold War looming a growing impatience of Americans and Germans alike to end the trials due to the growing Soviet threat.

But in the charred ruins of Berlin, American investigations discovered a treasure trove of documents about crimes that had not been brought to justice. A young Jewish-American lawyer named Benjamin Ferencz volunteered to take on the prosecution of these masters of mass murder. Ferencz, a distinguished graduate of Harvard Law School, and veteran of the Second World War, was the youngest man on the prosecution team, and though a brilliant researcher, and investigator, he  had never served as a prosecutor for any trial. But no other prosecutors were available as the Americans attempted to wrap up the remaining trials.

Ferencz reviewed the evidence recovered from the ruins of the Reichs Security Main Office, and realized that the crimes committed had to be prosecuted. He brought the evidence to Brigadier General Telford Taylor admitted his office’s lack of resources but told Ferencz that if he took the case he would add it.

The evidence was some of the most damning of all the War Crimes trials because it came from the unedited reports submitted by the commanders of the Einsatzgruppen and their subordinate units. Eventually, twenty-three of these men were selected for trial, unfortunately some of the most guilty were either dead, or missing, including the man these men reported to and who relentlessly drove them to kill more Jews faster, even if it harmed the German war effort; SD Standartenführer Adolf Eichmann who seemed to have to disappeared off the face of the earth, but with the help of the Vatican was beginning a new life under a false name in Argentina.

On July 29th the following Einsatzgruppe leaders filed into the dock In Nuremberg’s Palace of Justice.

SS-Major General Otto Ohlendorf, Chief of Einsatzgruppe D. Graduated in law and political science from the Universities of Leipzig and Goettingen. A one-time practicing barrister in the courts of Alfeld-Leine and Hildesheim.

SS-Brigadier General Heinz Jost, Chief of Einsatzgruppe A. Specialized in law and economics when he studied at the Universities of Giessen and Munich.

SS-Brigadier General Erich Naumann, Chief of Einsatzgruppe B. Left school at age of 16 and entered commercial firm. Later became officer of police.

SS-Brigadier General Otto Rasch. Doctor of Law and Economics, former mayor of Wittenberg.

SS-Brigadier General Erwin Schulz. Studied law at University of Berlin and later became staff member of Dresden Bank.

SS-Brigadier General Franz Six. Full time university professor.

SS-Colonel Paul Blobel. Former architect.

SS-Colonel Walter Blume. Graduated in law at University of Erlangen.

SS-Colonel Martin Sandberger. Studied jurisprudence at Universities of Munich, Freiburg, Cologne and Tuebinger. Assistant judge in Inner Administration of Wuerttemberg.

SS-Colonel Willy Seibert. Graduated from University of Goettingen in 1932 in economics.

SS-Colonel Eugen Steimle. Studied history, Germanic languages and French at the Universities of Tuebingen and Berlin.

SS-Colonel Ernst Biberstein. Former clergyman.

SS-Colonel Werner Braune. Graduated in law from University of Jena and obtained degree of Doctor of Juridical Science.

SS-Lieutenant Colonel Walter Haensch. Studied law at Leipzig University and trained as “Referendar.”

SS-Lieutenant Colonel Gustav Nosske. Studied banking, economics and law. Became assessor and “entered Administration of Justice” at Halle.

SS-Lieutenant Colonel Adolf Ott. Began career in administrative office of German Workers’ front in Lindau.

SS-Lieutenant Colonel Eduard Strauch. Graduate Erlangen University. Member Intelligence service, press officer, disciplinary officer general SS.

SS-Major Woldemar Klingelhoefer. Voice teacher and opera singer.

SS-Major Lothar Fendler. Doctor in dentistry.

SS-Major Waldemar Von Radetzky. Linguist. Worked with import firm.

SS-Captain Felix Ruehl. Commercial Clerk. Lived in England for one year.

SS-First Lieutenant Heinz Hermann Schubert. High School education; apprentice to lawyer and “registrator.” In civil administrative service.

SS-Master Sergeant Mathias Graf. Independent business man and civil servant.

Telford Taylor spoke at the beginning of the trial:

“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.”

Well educated, cultured for the most part, schooled in the law and justice, cultured and articulate. It seemed that men who were being charged with killing between a million and a million and a half people would look and act  like barbarians, but these men didn’t look anything like murderers, yet all of these men in the dock shared one expression, the firm resolution that drove them across the steppes and swamps of Russia to fulfill Hitler’s diabolical mission of exterminating the Jewish-Bolshevik menace and conquer the Lebensraum that would secure the Thousand Year Reich. 

But all were committed to the cause, and to it they gave what should have been the best years of their lives. But working under the direction of Eichmann they compiled statistics like like the sports reporters of the 1990s reporting the exploits of baseball home run hitters on steroids, each report exacting in detail, and numbing to read.  Einsatzgruppe B sent a report to the RHSA on October 15th 1941 cited the following:

After announcing that 71,105 Jews had been executed in Lithuania, the Einsatz commander, Walter Stahlecker appended an inventory of all persons killed by his organization, just as a regional office of a national or transnational corporation might cite its monthly or quarterly profits:

“Total: Jews | Communists | Total

Lithuania           80,311 | 860 | 81,171
Latvia                 30,025 | 1,845 | 31,868
Estonia.              474 |     684    |1,158
White Ruthenia 7,620 |            |7,620
Total:               118,430 | 3,387 | 121,817

to be added to these figures: In Lithuania and Latvia Jews annihilated by pogroms: 5,500 Jews, Communists and partisans executed in old-Russian area: 2,000 Lunatics executed: 748 (correct total 130,065): 122,455 Communists and Jews liquidated by State Pol. and Security Service Tilsit during search actions: 5,502 Total: 135,567”

Justice Michael Musmanno who tried the case wrote:

“Like election returns, the figures on executions came pouring into Eichmann’s office in Berlin, and with the characteristic Teutonic precision and passion for orderliness the reports were duly mimeographed and tabulated, copies were distributed and originals filed.”

But why? The report filed by the Commander of Einsatzgruppe C wrote after reporting some 51,000 executions in the Ukraine, announced the reason why: 

 “These were the motives for the executions carried out by the Kommandos: Political officials, looters and saboteurs, active Communists and political representatives, Jews who gained their release from prison camps by false statements, agents and  informers of the NKWD, persons who, by false depositions and influencing witnesses, were instrumental in the deportation of ethnic Germans, Jewish sadism and revengefulness, undesirable elements, partisans, politrucks, dangers of plague and epidemics, members of Russian bands, armed insurgents… provisioning of Russian bands, rebels and agitators, drifting juveniles …” and then came the all inclusive phrase: “Jews in general.”

In his opening Ferencz said:

“May it please your Honors. Vengeance is not our goal, nor do we seek merely a just retribution. We ask this Court to affirm by international penal action man’s right to live in peace and dignity regardless of his race or creed. The case we present is a plea of humanity to law… 

“Each of the defendants in the dock held a position of responsibility or command in an extermination unit. Each assumed the right to decide the fate of men, and death was the intended result of his power and contempt. Their own reports will show that the slaughter committed by these defendants was dictated, not by military necessity, but by that supreme perversion of thought, the Nazi theory of the master race. We shall show that these deeds of men in uniform were the methodical execution of long-range plans to destroy ethnic, national, political, and religious groups which stood condemned in the Nazi mind.”

Where Ferencz ended his associate, Peter Walton, from Georgia took up the opening statement:

“These small forces totaling not more than three thousand men killed at least one million human beings in approximately two years’ time. These figures enable us to make estimates which help considerably in understanding this case. They show that the four Einsatzgruppen averaged some 1,350 murders per day during a two-year period; 1,350 human beings slaughtered on the average day, seven days a week for more than one hundred weeks … All these thousands of men, women, and children killed had first to be selected, brought together, held in restraint, and transported to a place of death. They had to be counted, stripped of possessions, shot, and buried. And burial did not end the job, for all of the pitiful possessions taken from the dead had to be salvaged, crated, and shipped to the Reich. Finally, books were kept to cover these transactions. Details of all these things had to be recorded and reported.”

I will leave it at that for tonight.

Peace,

Padre Steve+

Leave a comment

Filed under crimes against humanity, ethics, germany, History, nazi germany, racism, war crimes, war crimes trials, world war two in europe

The Complicity of the German Army in the Crime of Genocide With the Einsatzgruppen in the Soviet Union


Friends of Padre Steve’s World,

Over the past few days I have been writing about War crimes, war criminals, and bringing them to justice while pointing out that some commanders, even in criminal nations have opposed and disobeyed such orders. Most of these articles have already with the Einsatzgruppen which were charged with carrying our the mass murder of Jews, Red Army Commissars, Soviet Officials, anyone believed to be a partisan, with or without proof, as well as “Life Unworthy of Life,” the physically handicapped, mentally ill, including disabled children. Their chain of command ran directly to SD Lieutenant Colonel Adolf Eichmann, and through him to SS Lieutenant General Reinhard Heydrich, SS Reichführer Heinrich Himmler to Adolf Hitler. Everything that concerned Hitler’s genocidal plan to exterminate the Jews, from emigration, to Ghettos, to the Einsatzgruppen and eventually death camps.  Even when Himmler ordered the extermination of the Jews end, Eichmann did all that he could to continue exterminating them.

What caused me to revisit the subject was watching the biographical documentary of Benjamin Ferencz, the last remaining prosecutor from the Nuremberg Trials. Ferencz discovered the evidence to the Einsatzgruppen in Berlin, but not in time to have them prosecuted the Einsatzgruppen Trial. The Einsatzgruppen were four units composed of SS, SD, Waffen SS, and Order Police personnel, with a combined strength of about 3,000 personnel, commanded by SS, or SD Colonels or Generals.

The Einsatzgruppen had the mission of exterminating Jews, Gypsies, and Soviet Communist Party officials, or Red Army Commissars. They received additional support from Order Police Battalions, Wehrmacht Security Divisions, government and party officials in charge of the occupied territories, and from the Wehrmacht Army Group, Army, Army Corps, and Division Commanders in their areas of operations. The Einsatzgruppen murdered nearly a million and a half people up close and personal with pistols, rifles, and machine guns at close range over mass graves. They also pioneered the use of gas vans, which served as some of the initial gas chambers in the East. Many of their actions took place before the decision to implement the Final Solution.

However the Einsatzgruppen could not succeed in their policies without the cooperation of of the Wehrmacht, Government occupation authorities, and the Order Police they could not have murdered so many people. The story begins with Wehrmacht, principally the Army, without which the Einsatzgruppen could not have killed anyone. For the most  part the Army and it’s senior commanders either gave their complete support to the Einsatzgruppen or turned a blind eye to their atrocities.

Contrary to the myth of a clean Wehrmacht, during the German invasion of the Soviet Union senior leaders of the Wehrmacht actively cooperated with the crimes of the Nazi regime against the Jews, Soviet prisoners of war, and Soviet citizens.

I have pointed out that Hitler’s ideology of the racial superiority of his Aryan Master Race and the corresponding view that the Jews and Slavs were untermenschen or subhuman justified the most extreme measures that the Nazis used to kill millions of innocent people through extermination, ethnic cleansing, and extermination.

There was a common myth after the Second World War that the regular German Army, the Wehrmacht, fought an honorable and clean war while the criminal actions of war crimes and genocide were the fault of Hitler, the Nazi Party, and the SS. It was a comforting myth because it allowed a great number of men who agreed with Hitler’s policies, and often assisted in them to maintain a fiction of honor and respectability. While for the most part the German Army in the West fought according to international norms of conduct, it was a different matter on the Easter Front, where following Hitler’s lead the Wehrmacht from its senior officers in down was often at the tip of the spear in enforcing Hitler’s racial and ideological war.

Field Marshal Wilhelm Keitel 

This came form the top. In addition to the Commissar order, also known as the Criminal Order, Field Marshal Keitel offered this directive to units fighting on the Easter Front:

“In view of the vast size of the conquered territories in the East, the forces available for establishing security in these areas will be sufficient only if instead of punishing resistance by sentencing the guilty in a court of law, the occupying forces spread such terror as is likely, by its mere existence, to crush every will to resist amongst the population.

The commanders concerned, together with all available troops, should be made responsible for maintaining peace within their areas. The commanders must find the means of keeping order within their areas, not by demanding more security forces, but by applying suitable drastic measures.”

                                  Field Marshal Walter Von Reichenau 

Commanders in the East used Keitel’s order as carte blanche authority to be even more severe than Keitel’s order specified. Field Marshal Walter Reichenau issued what is something’s known as the Severity Order to his 6th Army which was part of Field Marshal Gerd Von Rundstedt’s Army Group South. Von Rundstedt, who was not a Nazi and who maintained his “clean” reputation after the war expressed his “complete agreement” with it and urged other subordinates to issue similar orders. Reichenau’s order stated:

“The most important objective of this campaign against the Jewish-Bolshevik system is the complete destruction of its sources of power and the extermination of the Asiatic influence in European civilization. … In this eastern theatre, the soldier is not only a man fighting in accordance with the rules of the art of war, but also the ruthless standard bearer of a national conception. … For this reason the soldier must learn fully to appreciate the necessity for the severe but just retribution that must be meted out to the subhuman species of Jewry…” 

Field Marshal Erich Von Manstein

An order was issued by General Erich Von Manstein to his Eleventh Army in November 1941 which stated in part:

“Jewry constitutes the middleman between the enemy in the rear and the remainder of the Red Armed Forces which is still fighting, and the Red leadership. More strongly than in Europe it holds all the key positions in the political leadership and administration, controls commerce and trades, and further forms the nucleus for all unrest and possible uprisings.

The Jewish-Bolshevist system must be exterminated once and for all. Never again must it encroach upon our European living space.

The German soldier has therefore not only the task of crushing the military potential of this system. He comes also as the bearer of a racial concept and as the avenger of all the cruelties’ which have been perpetrated on him and on the German people…

The food situation at home makes it essential that the troops should as far as possible be fed off the land and that furthermore the largest possible stocks should be placed at the disposal of the homeland. Particularly in enemy cities a large part of the population will have to go hungry. Nevertheless nothing which the homeland has sacrificed itself to contribute may, out of a misguided sense of humanity, be given to prisoners or to the population unless they are in the service of the German Wehrmacht.

The soldier must appreciate the necessity for the harsh punishment of Jewry, the spiritual bearer of the Bolshevist terror. This is also necessary in order to nip in the bud all uprisings which are mostly plotted by Jews…

Manstein claimed that he did not remember the order at his trial and that he sought to ensure that his troops did not engage in conduct not fitting of the honor of soldiers. He included the following in the order: “Severest action to be taken: against despotism and self-seeking; against lawlessness and lack of discipline; against every transgression of the honor of a soldier.”

In his defense at Nuremberg Generals Trial, Manstien attempted to mitigate the damning words of the order. He explained that “I do want to point out to you that if it says here that the system must be exterminated, then that is extermination of the Bolshevik system, but not the extermination of human beings.” Despite Manstein’s clarification of what he meant in the order it would be hard for soldiers and commanders receiving the order as written could hardly have been expect not to interpret it literally. Likewise his order mentions the intentional starvation of Soviet citizens and harsh invectives against the Jews.

Like Von Rundstedt, Manstein too would be rehabilitated and for the most part his complicity in Hitler’s racial and ideological war forgotten by historians and military men who admired his strategic, operational, and tactical acumen.

Colonel General Hermann Hoth

Colonel General Hermann Hoth, commander of a Panzer Group issued this order:

“Every trace of active or passive resistance or of any kind of machinations by the Bolshevik -Jewish agitators are [sic] to be immediately and pitilessly rooted out. The necessity of severe measures against elements foreign to people and kind must be understood precisely by the soldiers. These circles are the spiritual pillars of Bolshevism, the tablebearers [priests] of its murder organization, the helpers of the partisans. It consists of the same Jewish class of people which have done so much to harm our Fatherland and by its hostile activity…and anti-culture, which promotes anti-German currents in the whole world and which wants to be the bearer of revenge. Their annihilation is a law of self-preservation. Any soldier criticizing these measures has no memory of the former traitorous activity lasting for years carried on among our own people by Jewish-Marxist elements.”

 

Colonel General Erich Hoepner with SS Major General Walter Krüger of the 4th SS Infantry Division “Polizei” 

Likewise, General Erich Hoepner issued the following order at the beginning of Operation Barbarossa: 

The war against Russia is an important chapter in the German nation’s struggle for existence. It is the old battle of the Germanic against the Slavic people, of the defence of European culture against Muscovite-Asiatic inundation and of the repulse of Jewish Bolshevism. The objective of this battle must be the demolition of present-day Russia and must therefore be conducted with unprecedented severity. Every military action must be guided in planning and execution by an iron resolution to exterminate the enemy remorselessly and totally. In particular, no adherents of the contemporary Russian Bolshevik system are to be spared.

Hoepner issued a number of other orders directing how Jews should be treated and the commander of Einsatzgruppe A, SS Brigadier General Walter Stahlecker whose units killed nearly 250,000 Jews between July and December 1941 praised the cooperation of the Wehrmacht and in particular of Hoepner with his execution squads. Stahlecker described the cooperation of the Wehrmacht with his men as “generally very good”, and “in certain cases, as for example, with Panzer Group 4 under the command of General Hoepner, extremely close, one might say even warm.” The fact is that the Einsatzgruppen could not have ran up such massive numbers of deaths without the cooperation of the German Army leaders in Russia.


There are many other examples of German Army commanders at various levels issuing orders similar to Von Reichenau, Von Manstein, Hoth, and Hoepner as well as accounts of Wehrmacht units cooperating with the Einsatzgruppen in various mass extermination actions against the Jews, including the action at Babi Yar. In many cases the cooperation was quite close as evidenced by the report of the commander of Einsatzgruppe C to Berlin on November 3rd 1941:

In a great number of cases, it happened that the support of the Einsatzkommandos was requested by the fighting troops. Advance detachments of the Einsatzgruppe also participated in every large military action. They entered newly captured localities side by side with the fighting troops. Thus, in all cases, the utmost support was given. For example, in this connection, it is worth mentioning the participation in the capture of Zhitomir, where the first tanks entering the city were immediately followed by three cars of Einsatzkommando 4a.

As a result of the successful work of the Einsatzgruppe, the Security Police is also held in high regard, in particular by the HQ of the German Army. The liaison officers stationed in Army HQ are loyally briefed of all military operations, and, besides, they receive the utmost cooperation. The Commander of the 6th Army, Generalfeldmarschall von Richenau, has repeatedly praised the work of the Einsatzkommandos and, accordingly, supported the interests of the SD with his staff.

It is true that in some cases individual Wehrmacht officers refused to cooperate with the Einsatzgruppen in their operational areas, but without the cooperation of the Wehrmacht the extermination campaigns against the Jews and other Soviet citizens could not have been successful.

One has to ask what it takes for otherwise ordinary and law abiding people to carry out crimes of such magnitude. I believe that the answer is found in the racial ideology that posits certain races as being less than human. The examples of such belief in action litter human history and are not limited to the Germans of the Nazi era.

The truly disturbing thing is that the men who perpetrated the Nazi crimes against humanity and genocide were not unique. The actions of the Japanese army in China, Korea, and Southeast Asia to include the Rape of Nanking and their Unit 731; the American genocide committed against the Native American tribes and the enslavement of Blacks; the extermination of the Herero in German Southwest Africa, the Rwandan genocide, the mass killings of Bosnians by Bosnian Serbs,  the Armenian genocide committed by the Turks, and far too many more examples show this to be the case. But as Israeli historian and Holocaust survivor Yehuda Bauer wrote:

“The horror of the Holocaust is not that it deviated from human norms; the horror is that it didn’t. What happened may happen again, to others not necessarily Jews, perpetrated by others, not necessarily Germans. We are all possible victims, possible perpetrators, possible bystanders.”

I think one of our problems is that we want to believe that evil is simply done be evil people. That is why when we see a Hitler, Stalin, Pol Pot, or the monsters of the so-called Islamic State, we are often strangely comforted. This is often because we can point to a single person with a wicked ideology and say “they are evil,” all the while forgetting that they are, or were, like us, also human.Once human beings decide that other human beings are less than human, then all bets are off, and that includes Americans. Over our history we have shown a taste for barbarity when we believe our opponents are less than human.

There is a scene in the movie Nuremberg in which an American psychologist named Gustave Gilbert questions the commandant of Auschwitz. When he asks the commandant if he felt guilty for the extermination of the Jews in his camp the commandant said “does a rat catcher feel guilty for killing rats.” Thereafter Gilbert confronts Herman Goering pointedly asking the number two Nazi “A rat catcher catching rats”. Is that the kind of thinking it takes to carry out state sanctioned mass murder? Not just blind obedience but also a belief that your victims are not human?” 

Goering replies: Let me ask you this. What was Hiroshima? Was it not your medical experiment? Would Americans have dropped bombs as easily on Germany as it did upon Japan killing as many civilians as possible? I think not. To an American sensibility, a Caucasian child is considerably more human than a Japanese child…

What about the negro officers in your own army? Are they not allowed to command troops in combat? Can they sit on the same buses as the whites? The segregation laws in your country and the anti Semitic laws in mine, are they not a difference of degree? 

The tragic thing is that while Gilbert was certainly correct in his question to Goering, Goering was also right. For all that is good about America there is a persistent strain of this kind of thinking which deems other people, especially non-white people as inferior racially, culturally, and intellectually. Over the decades we like to think that we have become better but the underlying attitudes are still present today, sometimes in plain view, but often just under our veneer of civility and good manners, but what maintains that civility is quite fragile. In his history of Auschwitz British historian Laurence Rees wrote:

“human behavior is fragile and unpredictable and often at the mercy of the situation. Every individual still, of course, has a choice as to how to behave, it’s just that for many people the situation is the key determinate in that choice.” 

The German military officers who took part in the campaign in the East were terrifyingly normal. They were raised in an advanced society, highly cultured, well educated, and raised in the cradle of Protestantism, as well as Catholic Germany. Yet many of them became willing participants in crimes of their nation that are unimaginable. But the fact is that the character of nations can be as fragile as that if individuals. As Americans we like to think that we are different but our history often belies this, even our military history and this is part of our conundrum.

Aleksandr Solzhenitsyn wrote of the struggle:

 “If only it were all so simple! If only there were evil people somewhere insidiously committing evil deeds, and it were necessary only to separate them from the rest of us and destroy them. But the line dividing good and evil cuts through the heart of every human being. And who is willing to destroy a piece of his own heart?”

When I taught ethics at the Joint Forces Staff College I challenged my students to deal with these kinds of questions. They are not easy and they require that we look into the darkest reaches of our hearts to see what we will do when we are confronted with choices to obey orders that go against the values of the institution but may reflect the more troubling aspects of our culture. Some of these men and women I am sure understood and will not break under pressure, but I am not so sure about others, and I worry about them in the crisis. The fact is we are only as good as we are in the crisis. Historian Timothy Snyder wrote something that we should not discount when asking the question about how ordinary men become war criminals:

“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.”

This is something that we most ponder because it would not take much in our present day where the old ethnic race hatreds, religious hatreds, and resurgent nationalism are again raising their head not only in our own country, but around the world. So until tomorrow,

Peace

Padre Steve+

Leave a comment

Filed under anti-semitism, crimes against humanity, germany, History, holocaust, leadership, Military, nazi germany, Political Commentary, world war two in europe

“These men, above all others, themselves, spread the Nazi doctrine with fire and sword.” The Einsatzgruppen in the Soviet Union 1941-44


Friends of Padre Steve’s World,

This is another part of  series of articles on the actions of Hitler’s SS and their Einsatzgruppen during their campaign of mass murder in Eastern Europe. This section is about the campaign in Russia. It is even more troubling than the previous sections, because in Russia, all pretense of civilization was dropped and even the German Army was heavily engaged in committing some of the most heinous and evil atrocities ever committed by a supposedly civilized and allegedly Christian people.

Likewise, it is important to remember that much of what happened before February 1942 occurred before the decision to implement the Final Solution and the beginning operations of the massive extermination camps such as Auschwitz-Birkenau, Soribor, Belzec, and Treblinka in Poland. The latter three were simply extermination centers, while Auschwitz-Birkenau served a multiplicity of roles: death camp, medical experimentation center, work camp which provided laborers for German industry, and camp for Polish political dissidents. I will deal with these camps in future articles. 

The tragedy is that other nations and people’s including Americans, British, French and the Belgians, as well as the Spanish, not to mention the Russians, Chinese, Turks, Japanese, Rwandans, and so many other have committed genocide, but nothing in their litany of genocide can compare with the Nazi Holocaust, even when the numbers added up to more. This is because nearly every ministry of the German Government was involved in them, and the Nazi Party, its officials, German Government ministries, the military and police, and German industry were involved to an extent not seen before or since.

The leaders of the Einsatzgruppen were according to General Telford Taylor:

“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.” (From “The Eichmann Kommandos: Hitler’s Executioners and the Einsatzgruppen Trial” by Justice Michael Musmanno, 1964)

Had not files been unearthed in the ruins of Berlin by a young Jewish American investigator, Benjamin Ferencz, the crimes of the Einsatzgruppen might never had been uncovered, or their leaders tried. Ferencz reported back to his superior Brigadier General Telford Taylor that he had evidence that another trial had to be added to the Nuremberg trials. Taylor agreed, and Ferencz, the youngest member of the prosecution team was appointed to prosecute these men, although he had never tried a case in his life.  


Benjamin Ferencz Prosecuting the Accused during the Einsatzgruppen Trial, Ferencz is the last surviving prosecutor or defense attorney from the Nuremberg Trials still living, he was a driving force in the establishment of the International Criminal Court, which the United States has yet to Join. 


The actions of the Nazis, if they were simply limited to just the Germans of that period could be explained away as a exception, but it is not. That is what makes these heinous crimes so troubling, as the people who committed them were not that different than us, or our own ancestors. Despite those the genocides perpetrated by others, those of the Nazis against the Jews are unique in their execution and evil. The entire police and military power of a nation were used first against their fellow citizens, and then against the Jews of every country they conquered or occupied in Europe. It was unique and thus the evil perpetrated by them was in a league of its own.

Eventually I will be revising these articles significantly and use them in a book that I have already begun to write “Walk, Remember, Bear Witness: Ensuring the Holocaust is not Forgotten after the Last Survivors and Witnesses Have Passed Away” This revision includes minor updates to grammar as well as to clarifying what was written in earlier editions which can be found on this site. All of these revised articles will need to be converted into a word document that I can edit and add new material and update footnotes and references. 

Peace

Padre Steve+

einsattzgruppen map

The Nazi war against Russia was the ultimate test of Hitler’s ideological race war. Planning for the war with the Soviet Union began after the fall of France and during the opening stages of the Battle of Britain, when German and the Soviet Union were supposedly committed to their non-Aggression Pact, signed just before the invasion of Poland. On 21 July 1940 Hitler made“his intentions plain” to the Army leadership of his desire to invade and destroy the Soviet Union, and the head of the OKH, Field Marshal  “von Brauchitsch set his planners to work.” 119 Accordingly his staff at OKH began preparations for the offensive in the winter of 1940-41 following the Luftwaffe’s failure against Britain and postponement of Operation Sea Lion, the proposed invasion of Great Britain.

A war on multiple fronts was what all senior German officers feared, and the fact that Britain was still in the war and had opened yet another front in the Middle East against Italy which required German troops to keep the Italians from collapsing, Hitler decided to open another front.  He announced his intention to “crush Soviet Russia in a quick campaign which was to begin no later than March 15, 1941, and before the end of the war with England.” 120 Field Marshal Keitel noted the final decision came in “early December 1940” and from then he had “no doubt whatsoever that only some unforeseen circumstance could possibly alter his decision to attack.” 121

The military plan initially focused on the destruction of “the Red Army rather than on any specific terrain or political objective,” 122although the political and geographic objectives would arise in later planning and during the campaign, the goal of destroying the Red Army was of paramount importance to the destruction of the Soviet Union. Hitler stated: “What matters is that Bolshevism must be exterminated. In case of necessity, we shall renew our advance whenever a new center of resistance is formed. Moscow as the center of doctrine must disappear from the earth’s center….” 123

Besides preparations aimed at the destruction of the Red Army and overthrow of the Soviet State, versus territorial gain, the “war against the Soviet Union was more openly ideological from the start.” 124 The ideological prominence set the stage for the invasion and on March 3rd 1941 Hitler announced this to his assembled Generals by announcing:

“the forthcoming campaign is more than a mere armed conflict; it is a collision between two different ideologies…this war will not be ended merely by the defeat of the enemy armed forces” and that “the Jewish-Bolshevist intelligentsia must be eliminated….” 125

                                 Ordungspolizei  Officers in Russia 

The Jews remained the primary target of Hitler since he saw Jews and Bolsheviks as one. Because that was so important to him personally he realized that the task of eliminating the Jews was one that had to be conducted by Heinrich Himmler’s SS. He noted, that “this is a task so difficult that it cannot be entrusted to the Army.” 126

Reichskommissarscivilian overlords from the Nazi Party political leadership, mostly those with experience as Gauleiters would be appointed to administer conquered areas.  However, since  normal civilian powers would be insufficient to eliminate the Bolsheviks Hitler noted that it “might be necessary “to establish organs of the Reichsfuhrer SS alongside the army’s Secret Field Police, even in the operational areas….” 127 The “primary task” of the SS Einsatzgruppen and Police battalions was to liquidate “all Bolshevist leaders or commissars” if possible while still in the operations zones,” 128 yet the orders were vague enough not to offend the sensibilities of Army leaders and did not contain “a syllable that in practice every Jew would be handed over to the extermination machine.” 129


Wehrmacht Soldiers (not SS or Police) hanging civilians in Russia 

As with almost all German operations which involved cooperation between the Army and the SS, the parties ensured very precise legal definitions and that existing agreements between the agencies, German laws, and army doctrine were followed. On 13 March an agreement was reached between the Army represented by General Wagner and the SS represented by SS-Brigadeführer Walter Schellenberg  which stated in part, that “the Reichsführer SS has been given by the Führer special tasks within the operations zone of the Army…to settle the conflict between two opposing political systems.” 130Likewise the agreement dictated that Himmler’s SS units would “act independently and on his own responsibility” while ensuring that “military operations are not affected by measures necessary to carry out his task.” 131

einsatzgruppe troops and victims

                                         Rounding up Jews in Russia

A further instruction was issued by Wagner on 26 March which gave the Army’s agreement for the use of the Einsatzgrüppen in the operations zone. The agreement spelled out the coordinating instructions between the Einsatzgruppen and army authorities in the operational zone and communications zones to the rear. Cooperation between the Army and the SS was based on already existing agreements between the SS and the Army, notably the “principals for co-operation between the State Secret Police and the Field Security organization of the Wehrmacht agreed with the Security branch of the War Ministry on 1 January 1937.” 132

Zentralbild – IML / 1.8.1962 II.Weltkrieg 1939-45 Der überlebende halbwüchsige Sohn dieser ermordeten Familie wird an die Mordstelle herangeführt. Von dem hinter ihm stehenden faschistischen deutschen Offizier wurde er durch Genickschuss ermordet. (The surviving teenage son of this murdered family is brought to the scene of the murder. He was murdered by a shot in the neck by the fascist German officer standing behind him.) 5.7.1941 in Slorow, Ukraine A 0706/18/30 

The most significant agreement that the Army reached with the SS was the Commissar Order. This order, sometimes known as the “Criminal Order” was used war as evidence at Nuremberg as against Keitel, Jodl and High Command of the Wehrmacht during the later Generals Trial. The order specified that the Army would cooperate with the SS and kill Soviet Political Commissars attached to the Red Army who were taken prisoner, as “they were not prisoners of war.” Another order specified that “in the event that a German soldier committed against civilians or prisoners, disciplinary action was optional….” 133

This was a major break that the Wehrmacht made with its previous commitment to abide by the provisions of the Geneva and Hague Conventions. The new order noted a new attitude regarding political commissars and their protections under international law:  “in this struggle consideration and respect for international law with regard to these elements is wrong.” 134 Yet another new order released by Keitel’s OKW, the Army’s “Guidelines for the Conduct of Troops in Russia” issued on May 19, 1941 called for “ruthless and vigorous measures against Bolshevist inciters, saboteurs [and] Jews.” 135 The inclusion of the Jews made the Wehrmacht a willing accomplice to every charge leveled against German political and government organizations at Nuremberg.

einsatzgruppen executions
Jewish Women Being Finished off In Russia

Shortly before the Commissar Order was issued Hitler previewed it to the generals saying that the war in Russia “cannot be conducted in a knightly fashion” and that the war against the Soviet Union would have to be waged with “unprecedented, unmerciful and unrelenting harshness…” 136

Hitler told the generals that they would have to “dispense with all of their outdated and traditional ideas about chivalry and the generally accepted rules of warfare: the Bolsheviks had long since dispensed with them.” 137 He explained that he understood that his orders were beyond their comprehension but insisted, “I cannot and will not change my orders and I insist that that they be carried out with unquestioning and unconditional obedience.” 138

General Franz Halder, Chief of the OKH, or the Army High Command took notes on Hitler’s speech. The notes are chilling to read as none of the Generals present could have understood them in any other way than Hitler meant them:

“Clash of two ideologies. Crushing denunciation of Bolshevism, identified with asocial criminality….We must forget the comradeship between soldiers. A Communist is no comrade before nor after the battle. This is a war of extermination….We do not wage war to preserve the enemy….War against Russia: Extermination of the Bolshevist Commissars and of the Communist intelligentsia….this is no job for military courts. The individual troop commanders must know the issues at stake. They must be leaders in the fight….This war will be very different from war in the West. In the East harshness today means leniency in the future. Commanders must make the sacrifice of overcoming their personal scruples.”139

220px-Bundesarchiv_Bild_146-1970-052-08,_Franz_Halder

                        Colonel General Franz Halder, Chief Of OKH

According to Von Brauchitsch a number of Generals protested the orders that Hitler was previewing in the briefing, and demanded that he take their protest to Hitler. 140 Von Brauchitsch refused to protest the order directly or otherwise bring it up to Hitler, but issued an order on his own authority “threatening dire penalties for excesses against civilians and prisoners of war” which he maintained at Nuremberg “was sufficient to nullify the Commissar Order.” 141

But that was a lie, as during the campaign against the Soviet Union, von Brauchitsch told his commanders to “proceed with the necessary hardness.” 142 General Walter Warlimont noted that Field Marshal Fedor von Bock, who would “later emerge as an opponent of the Commissar Order…makes no special comment on the meeting or the restricted conference that followed.”143

At Nuremberg Keitel said that he “stubbornly contested” the clause “relating to the authority of the SS-Reichsführer… in the rearward operational areas.” 144

At Nuremberg Keitel attempted to shift blame for order the to the Army High Command OKH under Halder. But his argument was easy to disprove because the order came out with his signature on behalf of Hitler, which was key evidence against him at Nuremberg. Keitel stated that “there was never any possibility of justifying them in retrospect by circumstances obtaining in the Russian campaign.” 145

Some Wehrmacht commanders refused to publish the orders and “insisted that the Wehrmacht never implemented such policies…” blaming them instead on the SS, but in the campaign such refusals to publish the orders made little difference. One writer stated that “such protests were undoubtedly sincere, but in practice German soldiers were far from innocent. The senior professional officers were often out of touch with their subordinates.” 146

 


Einsatzgruppe Mass Killing and Grave 

The orders coming from Hitler, and signed by Keitel were a “license to kill, although not a great departure from German military traditions….” 147 as I noted in my article about the Legal and Military Foundations of Genocide. The effect of these orders was terrifying, for in a sense the Einsatzgruppen, even when operating with or near the Army “could commit ever crime known to God and man, so long as they were a mile or two away from the firing line.” 148 Additionally the Security Divisions of the Army, which were in charge of rear area security, were “instructed to give material and logistical support to…units of the Einsatzgruppen.” 149 Even worse, other army units in rear areas “could be called on to assist Himmler’s SS police leaders” as the situation dictated, and few commanders refused to honor such requests. 150

Jews Digging their graves. 

Adolf Eichmann 

For the campaign against the Soviet Union, Himmler had his deputy, SS Obergrüppenfuhrer Reynard Heydrich, the Head of the Sicherheitsdienst or SD, assisted by Heydrich’s SD Deputy, SS-Obersturmbannführer (Lieutenant Colonel) Adolf Eichmann, the SS formed four Einsatzgruppen composed of SD, Waffen-SS and Police troops designated Einsatzgruppen A-D.

SS-Brigadeführer Dr. Franz Walter Stahlecker, Einsatzgruppen A 


Einsatzgruppe A
 was assigned to Army Group North; it was commanded by SS-Brigadeführer Dr. Franz Walter Stahlecker. Stahlecker was killed in action against partisans in early 1942 and was replaced by SS Brigadeführer Heinz Jost.

Einsatzgruppe B was assigned to Army Group Center, and it was commanded by SS-Brigadeführer Arthur Nebe. Nebe returned to his job as Chief of the Kriminal Polizei at the Reichs Security Main Office in October 1941. He was ordered by the head of the Gestapo, SS General Heinrich Müller in the 50 British Officer escapees of Stalag Luft III, the Great Escape for execution in March 1944, and would be involved in the plot to kill Hitler. He went into hiding but was betrayed by a former mistress was arrested and executed at the personal order of Hitler. He was succeeded by SS Brigadeführer Erich Naumann. 

Einsatzgruppe C was assigned to Army Group South and was commanded by SS-Gruppenführer Dr. Otto Rasch. Rasch who had been careful to ensure that every officer under his command personally murdered Jews was removed from his position in October 1941 and not returned to service in the SS. Units under his command conducted the Babi Yar Massacre, at Kiev in September 1941. He was employed by a German Oil company until the end of the war. He was a defendant at the Einsatzgruppen Trials but charges were dismissed due to his declining health and inability to take part in his defense. He died in 1948 while in custody. He was followed as commander of Einsatzgruppen C by SS-Gruppenführer und Generalleutnant der Polizei Max Thomas. 

Otto Ohlendorf (standing) at the Einsatzgruppen Trial and in Uniform (below)

Lastly, Einsatzgruppe D was assigned to General Erich von Manstein’s 11th Army, which had the responsibility for operations along the Black Sea coast and the conquest of Crimea. It was commander by SS-Gruppenführer Prof. Otto Ohlendorf. During his command his units executed over 90,000 Jews, and at trial he offered no excuses but was brutally honest and unrepentant in what he had done.

The Einsatzgruppen were not standardized in manpower or equipment. In size they were The equivalent of battalions. The largest Einsatzgruppe was Einsatzgruppe A in the North with 990 assigned personnel 151while Einsatzgruppe D was the smallest and had only 550 troops assigned. 152 These units all had SS, SD or Police commanders. Though these units were not large, they also had the support of nine Ordungspolizei battalions, which were initially assigned to the invasion forces to supplement the operations of the Einsatzgruppen153

The Importance of the Ordnungspolizei Battalions

The police contingent would grow to be a massive force. By 1943, these Ordnungspolizei battalions would be grouped into regiments and number about 180,000 men assisted by 301,000 local non-German auxiliaries. 154 These units acted in concert with nine Army Security Divisions which handled rear area security. 155

197BF44C00000578-3114663-image-a-59_1433720058260

Himmler was so secretive that he initially did not reveal the intent and planned use of the Ordnungspolizei units to the Einsatzgruppen commanders. Instead he told them that they had a “heavy task…to “secure and pacify” the Russian area using Sicherheitspolizei and SD methods.” 156 Understanding the effect of these operations on the Ordungspolizei commanders and their personnel,  Himmler told them that “in many cases it is considerably easier to lead a company in battle than to command a company responsible to…carry out executions, to deport people…to be always consistent, always uncompromising-that is in many cases far, far harder.” 157

Russian Jew about to be executed in 1941 by Einsatzgruppe NCO, note the witnesses that include regular Army Personnel 

The actions of all of the units are well documented; those of the most notorious, the Einsatzgruppen, but also the active and reserve Ordnungspolizei Battalions, the Army Security Divisions, and other Army or Luftwaffe units that directly aided or supported the killing of the Jews, and the locally recruited Schutzmannschaft battalions 158  which ruthlessly exterminated Jews and others in the operational area. No sooner had an Einsatzgruppe unit entered a city, a “deadly stranglehold” would grip the “Jewish inhabitants claiming thousands and thousands of victims day by day and hour by hour.” 159

Babi Yar 

Non-Jewish Russians were encouraged to conduct programs which Heydrich noted “had to be encouraged.” 160 An Einsatzgruppen D report numbered 153 noted: “During period covered by this report 3,176 Jews, 85 Partisans, 12 looters, 122 Communist functionaries shot. Total 79,276.” 161   By the spring of 1942 Einsatzgruppe A had claimed “more than 270,000 victims, the overwhelming majority of whom were Jewish.” 162 The total killed for all groups by early 1942 was 518,388 people, mostly Jews. 163 Germany’s Romanian ally acted against Jews in their operational areas as well. In Odessa, “on 23 October 1941 19,000 Jews were shot near the harbor… probably 200,000 Jews perished either at Romanian hands or after being turned over by the Romanians to the Germans.” 164

To further cloud the ethics and morality, the operations against Jews were often called anti-partisan operations. Himmler referred to Einsatzgruppen as “anti-Partisan formations” 165 while Wehrmacht Security divisions cooperating with the SS “murdered countless Soviet civilians and burned Russian settlements to the ground under the pretext of subduing partisan resistance.” 166 The German attitude in Russia by 1941-1942 was that “all Jews are partisans and all partisans are Jews.” From 1943, all armed resistance was “banditry” and all Jews irrespective of circumstances were treated as “bandits.”” 167

Walter_von_Reichenau

                               Field Marshal Walter von Reichenau

Field Marshal Von Reichenau, commander of the German 6th Army issued an order in which he stated:

“The soldier in the Eastern territories is not merely a fighter according to the art of war but also a bearer of a ruthless national ideology and the avenger of the bestialities which had been inflicted upon German and racially related nations. Therefore the soldier must have full understanding for the necessity of a severe but just revenge on subhuman Jewry.” 168

Likewise the distinguished Panzer commander, General Herman Hoth issued his own order of 17 November 1941 urging his troops to exact revenge on the Jews and Communists:

“Every trace of active or passive resistance or of any kind of machinations by the Bolshevik – Jewish agitators are [sic] to be immediately and pitilessly rooted out. The necessity of severe measures against elements foreign to people and kind must be understood precisely by the soldiers. These circles are the spiritual pillars of Bolshevism, the tablebearers [priests] of its murder organization, the helpers of the partisans. It consists of the same Jewish class of people which have done so much to harm our Fatherland and by its hostile activity…and anti-culture, which promotes anti-German currents in the whole world and which wants to be the bearer of revenge. Their annihilation is a law of self-preservation. Any soldier criticizing these measures has no memory of the former traitorous activity lasting for years carried on among our own people by Jewish-Marxist elements.” 169

 Piaśnica_digging_of_the_graves

                                        Jews digging their own graves

The commander of the Wehrmacht’s 221st Security Division endeavored to persuade his “subordinate units that the Jews were carriers of Bolshevik contamination and, therefore, the ultimate source of any sabotage or difficulty the division faced.” 170 The extermination of the Jews and partisan war were closely intertwined with the Reich’s economic policies designed to exploit the natural resources of the Russia. This included the “hunger plan” which German authorities seemed to imagine that “millionfold starvation could be induced by requisitioning off all available grain and “shutting off” the cities.” 171

einsatzgruppen-brutal-germans-nazi-death-squads1

Einsatzgruppe men and Ordungspolizei in action above and below: Yale Historian Timothy Snyder wrote in his book “On Tyranny” 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.”

Einsatzgruppe_A

The Wehrmacht’s complicity in these measures is demonstrated in the order drafted by Warlimont and signed by Keitel on 13 May 1941. That order, the “Decree on Exercising Military Jurisdiction in the Area of Barbarossa and Special Measures by the Troops” made it clear that international conventions regarding the treatment of civilians would not be observed in the Soviet Union. The order, relying on the historic precedent of German military law in regard to partisan activity stated:

I “Treatment of crimes committed by enemy civilians”

“1. Until further order the military courts and the courts martial will not be competent for crimes committed by enemy civilians.”

2. Francs-tireurs will be liquidated ruthlessly by the troops in combat or while fleeing. “

3. Also all other attacks by enemy civilians against the armed forces, its members, andauxiliaries will be suppressed on the spot by the troops with the most rigorous methods until the assailants are finished (niederkaempfen)”

4. Where such measures were not taken or at least were not possible, persons suspected of the act will be brought before an officer at once. This officer will decide whether they are to be shot. Against localities from which troops have been attacked in or treacherous manner, collective coercive measures be applied immediately upon the order of an officer of the rank of at least battalion etc., commander, if the circumstances do not permit a quick identification of individual perpetrators.”

II. “Treatment of crimes committed against inhabitants by members of the Wehrmacht and its auxiliaries”

1. With regard to offenses committed against enemy civilians by members of the Wehrmacht or by its auxiliaries prosecution is not obligatory, even where the deed is at the same time a military crime or misdemeanor….” 172

Hitler was quite clear in his intent when he told General Halder that in 1941 that he “intended to level Moscow and Leningrad, to make them uninhabitable, so there would be no need to feed their populations during the winter.” 173Economic officials held life and death power over villages. Those that met agricultural quotas were “likely to be spared annihilation and evacuation…the culmination of this process, during 1943, would be the widespread creation of “dead zones.””174

All told during the campaign against the Soviet Union the Einsatzgruppen, Ordnungspolizei, Army, and Local Security  killed nearly 1.5 million Russian Jews. 175

ww2 mizocz1

                                  Jewish Women Awaiting Execution 

By 1942, over two million Soviet POW’s had been killed. 600,000 shot outright, 140,000 by the Einsatzkommandos. 176Eventually about 3.3 million Soviet POWs died in German captivity through starvation, disease and exposure. 177

Most are included included in the total of over 10 million Red Army Combat deaths, but those starved were killed as prisoners, and not in combat, attesting to the inhumanity of their German captors. 178

But still the Jews as an indistinguishable part of the Jewish-Bolshevik menace, were the number one target of the Nazis wherever they went, especially in the Soviet Union. The distinguished German historian Karl Dietrich Bracher wrote, “The reality and irreality of the National Socialism were given their most terrible expression in the extermination of the Jews.” 179

arthur nebe

                   Arthur Nebe, from Jew killer to anti-Hitler plotter

Himmler and others continued to use euphemistic language to describe their efforts talking in terms of “Jewish resettlement.” 180 Terms such as special actions, special treatment, execution activity, cleansing and resettlement were used in place of the word murder. 181At the same time these operations led to problems in the ranks, one SS trooper observed: “deterioration in morale among his own men who had to be issued increasing rations of vodka to carry out their killing orders.” 182

Even commanders of the Einsatzgruppe were affected. Arthur Nebe would say “I have looked after so many criminals and now I have become one myself.” Nebe became an active participant in the July 20th plot against Hitler 183and a fellow conspirator would describe him as a “shadow of his former self, nerves on edge and depressed.” 184 Erich Bach-Zelewski, who led the SS anti- partisan operations, would suffer a nervous breakdown which included “hallucinations connected to the shootings of Jews” which hospitalized him in 1942. 185 Himmler would state in his Posen speech given in October 1943 that “to have gone through” the elimination of the Jews had “and remained decent, that has made us tough. This is an unwritten, never to be written, glorious page in our history.” 186

Proud and Unrepentant: Ohlendorf and Jost on Trial at Nuremberg 

While while the Einsatzgruppen, Ordungspolizei battalions, the Wehrmacht Security Divisions, and locally recruited forces continued their Jew Hunts, another even more ghastly plan was being launched against the Jews in Nazi occupied territory. The Endlösung of the Jewish Problem had been set in motion.

To be continued…

Notes

119 Ibid. Megargee. War of Annihilation p.24

120 Ibid. Wheeler-Bennett The Nemesis of Power p.511

121 Ibid. Goerlitz. The Memoirs of Field Marshal Wilhelm Keitel. P.132

122 Glantz, David M. and House, Jonathan. When Titans Clashed: How the Red Army Stopped Hitler. University Press of Kansas, Lawrence, KS. 1995 p.31

123 Trevor-Roper, H.R. Hitler’s Table Talk 1941-1944 with an introduction by Gerhard L Weinberg, Translated byNorman Cameron and R.H. Stevens, Enigma Books, New York, NY 2000. Originally published in Great Britain by Weidenfeld & Nicholoson, London 1953 p.6

124 Ibid. Megargee. War of Annihilation p.10 The campaign against the Soviet Union was to be much more openlyideological as compared to the campaign in Poland.

125 Ibid. Warlimont. Inside Hitler’s Headquarters p.150 126 Ibid. Warlimont. Inside Hitler’s Headquarters p.151

125 Ibid. Warlimont. Inside Hitler’s Headquarters p.150 126 Ibid. Warlimont. Inside Hitler’s Headquarters p.151

127 Ibid. Reitlinger, The SS p.175

128 Ibid. Höhne The Order of the Death’s Head p. 354

129 Ibid. Höhne The Order of the Death’s Head p. 354 Again another deception.

130 Ibid. Warlimont. Inside Hitler’s Headquarters p.153

131 Ibid. Warlimont. Inside Hitler’s Headquarters p.153

132 Ibid. Warlimont. Inside Hitler’s Headquarters pp. 158-159

133 Ibid. Glantz and House. When Titans Clashed p.56

134 Ibid. Davidowicz. The War Against the Jews p.123

135 Ferguson, Niall. The War of the Worlds: Twentieth Century Conflict and the Descent of the West. The Penguin Press, New York, 2006 p.442

136 Ibid. Wheeler-Bennett. Nemesis of Power p.513

137 Ibid. Goerlitz. The Memoirs of Field Marshal Wilhelm Keitel. P.135

138 Ibid. Wheeler-Bennett. Nemesis of Power p.513

139 Hebert, Valerie Genevieve, Hitler’s Generals on Trial: The Last War Crimes Tribunal at Nuremberg University of Kansas Press, Lawrence Kansas 2010 pp.77-78

140 Ibid. Wheeler-Bennett Nemesis of Power p.513 and footnote. He cites the three Army Group commanders, Leeb, Rundstedt and Bock. However Von Rundstedt’s biographer notes that “no evidence exists as to what VonRundstedt’s to this was at the time.” Messenger, Charles, The Last Prussian: A Biography of Field Marshal Gerd Von Rundstedt 1875-1953 Brassey’s (UK) London England 1991. p.134

141 Ibid. Reitlinger, The SS p.176

142 Ibid. Megargee. War of Annihilation p.33

143 Ibid. Warlimont. Inside Hitler’s Headquarters p.162

144 Ibid. Goerlitz. The Memoirs of Field Marshal Keitel p.136

145 Ibid. Goerlitz. The Memoirs of Field Marshal Keitel pp.136-137

146 Ibid. Glantz and House. When Titans Clashed p.56

147 Ibid. Blood. Hitler’s Bandit Hunters p.52

148 Ibid. Reitlinger The SS p. 177

149 Ibid. Shepherd. War in the Wild East p.54

150 Ibid. Reitlinger The SS p. 177

151 Ibid. Rhodes Masters of Death pp.12-13

152 Ibid. Westermann. Hitler’s Police Battalions p.167 153 Ibid. Westermann. Hitler’s Police Battalions p.164 154 Ibid. Blood Hitler’s Bandit Hunters p.141

155 Ibid. Shepherd Wild War in the East p.48. Shepherd notes the deficiencies of these units in terms of organization, manpower and equipment which he calls “far short of the yardstick of military excellence with which the Wehrmacht is so widely associated

156 Ibid. Höhne The Order of the Death’s Head p. 356 Only one of the Einsatzgruppen commanding officers was a volunteer, Arthur Nebe who was involved in the conspiracy to kill Hitler. It is believed by many that Nebe volunteered to earn the clasp to the Iron Cross to curry favor with Heydrich and that initially “Nebe certainly did not know that “employment in the east” was synonymous with the greatest mass murder in history.

157 Ibid. Bracher. The German Dictatorship p.422

158 Ibid. Blood Hitler’s Bandit Hunters p.55

159 Ibid. Höhne The Order of the Death’s Head p. 360 160 Ibid. Friedlander TheYears of Extermination p.207 161 Ibid. Höhne The Order of the Death’s Head p. 360 162 Ibid. Tooze The Wages of Destruction p.481

163 Ibid. Ferguson. The War of the World p.446

164 Di Nardo, Richard L. Germany and the Axis Powers: From Coalition to Collapse. University Press of Kansas,Lawrence, KS. 2005 p.133 The Hungarians would also engage in ant-Jewish operations. Only the Italian army would not conduct operations against the Jews.

165 Ibid. Höhne The Order of the Death’s Head p. 369

166 Ibid. Wette The Wehrmacht p.127

167 Ibid. Blood. Hitler’s Bandit Hunters p.117

168 Ibid. Hebert p.94

169 Ibid. Hebert pp.94-95

170 Ibid. Shepherd. War in the Wild East pp.90-91

171 Ibid. Tooze The Wages of Destruction p.481

172 Ibid, Hebert p.86

173 Ibid. Magargee. War of Annihilation p.64

174 Ibid. Shepherd. War in the Wild East pp.127-128

175 Ibid. Davidowicz The War Against the Jews from the table on page 403. This included 228,000 from the Baltic republics (90%) 245,000 from White Russia (65%) 900,000 from the Ukraine (60%) and 107,000 from Russia proper (11%)

176 Ibid. Rhodes. Masters of Death p.241

177 Ibid. Glantz and House When Titans Clashed p.57

178 Ibid. Glantz and House. When Titans Clashed table on p.292

179 Ibid. Bracher. The German Dictatorship p.431

180 Ibid. Bracher. The German Dictatorship p.430

181 Ibid. Höhne The Order of the Death’s Head p. 367

182 Ibid. Rhodes. Masters of Death p.225

183 Ibid. Rhodes Masters of Death p.225

184 Ibid. Höhne The Order of the Death’s Head p. 363 185 Ibid. Höhne The Order of the Death’s Head p. 363 186 Ibid. Bracher. The German Dictatorship p.423

Leave a comment

Filed under anti-semitism, crimes against humanity, ethics, germany, History, holocaust, Military, nazi germany, Political Commentary, racism, war crimes, world war two in europe

“The laws of war are not a one-way street.” Benjamin Ferencz, Telford Taylor, and the Primacy of Law over Acts of War

Friends of Padre Steve’s World,

Last night I got a form of the crud going around, I did not sleep well, and woke up coughing, a bit of a sore throat, a terrible sinus headache and wondered if I was getting the Flu. So I called in to work, took some maximum strength Theraflu, went back to bed and didn’t wake up until almost 3:00 PM when a friend sent me a text. That stuff knocked me out for almost seven hours. My sinuses were clear, I was no longer coughing and the headache was gone. After I got up, had some coffee, soup, and Earl Grey Tea, and re-watched the biographical documentary of Benjamin Ferencz, who at the age of 27 served as the chief prosecutor at theNuremberg 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 the ethos of Ben Ferencz as well as that of Robert Jackson.

Part of that requires being honest about current conflicts in which the United States finds itself in today. Which brings me to the assassination of the Iranian Revolutionary Guards Al Quds Force, General Qassem Suleimani, a man who is as much of a war criminal as has been seen in decades, within his own country and throughout the region by sponsoring terrorist organizations, sowing civil wars that have cost hundreds of thousands of lives and  disrupted millions of others.

I shed no tears for Suleimani, but the case the administration used to kill him goes against the international law that the United States helped establish at Nuremberg and which cumulated in the Rome Accords and the Establishment of the International Criminal Court which the United States, though a signatory, has yet to ratify.

Specifically, it is the claim of preemptive action, preemptive killing, preemptive war. It was one of the defenses of the Nazi War Criminals, as well as the Japanese War Criminals. The United States claimed that rationale to kill Suleimani, on the scantiest evidence, none of which was produced. That is an unwise strategy, for it invites such actions against Americans, especially military, and diplomatic personnel, as well as political leaders.

My argument does not let Iran off the hook; however, to paraphrase Ferencz, is that we have to move away from war, and move towards using established international law against men like Suleimani, and nations like Iran. Of course opponents of the United States could easily make the same argument against us. But to quote Taylor, “the laws of war are not a one way street.”

My purpose tonight is not to excuse or defend Suleimani or Iran, it is to to say that unless the United States stands for law and justice, other nations, or non-state actors can and will use the same rational in order to assassinate Americans. The President’s actions have not made the United States any safer, instead it has made us even more of a target. I don’t want American leaders, even President Trump, assassinated by agents of foreign powers, or even Americans seeking extra judicial justice. Such organizations or people may think that such action is justified, but without a basis in law they are not, they just continue the cycle of violence, war, and injustice.

Until tomorrow,

Peace,

Padre Steve+

4 Comments

Filed under crime, ethics, film, History, holocaust, laws and legislation, leadership, nazi germany, News and current events, Political Commentary

War Crimes and War Criminals: Criminal Orders and Cooperation Equals Genocide


Friends of Padre Steve’s World,

Over the past few days I have been writing about War crimes, war criminals, and bringing them to justice while pointing out that some commanders, even in criminal nations have opposed and disobeyed such orders.

What caused me to revisit the subject was watching the biographical documentary of Benjamin Ferencz, the last remaining prosecutor from the Nuremberg Trials. Ferencz prosecuted the Einsatzgruppen Trial. The Einsatzgruppen were four units composed of SS, SD, Waffen SS, and Order Police personnel, with a combined strength of about 3,000 personnel, commanded by SS, or SD Colonels or Generals. They had the mission of exterminating Jews, Gypsies, and Soviet Communist Party officials, or Red Army Commissars. They received additional support from Order Police Battalions, Wehrmacht Security Divisions, government and party officials in charge of the occupied territories, and from the Wehrmacht Army Group, Army, Army Corps, and Division Commanders in their areas of operations. The Einsatzgruppen murdered nearly a million and a half people up close and personal with pistols, rifles, and machine guns at close range over mass graves. They also pioneered the use of gas vans. Many of their actions took place before the decision to implement the Final Solution. Without the cooperation of of the Wehrmacht, Government occupation authorities, and the Order Police they could not have murdered so many people.

Contrary to the myth of a clean Wehrmacht, during the German invasion of the Soviet Union senior leaders of the Wehrmacht actively cooperated with the crimes of the Nazi regime against the Jews, Soviet prisoners of war, and Soviet citizens. I have pointed out that Hitler’s ideology of the racial superiority of his Aryan Master Race and the corresponding view that the Jews and Slavs were untermenschen or subhuman justified the most extreme measures that the Nazis used to kill millions of innocent people through extermination, ethnic cleansing, and extermination. 

There was a common myth after the Second World War that the regular German Army, the Wehrmacht, fought an honorable and clean war while the criminal actions of war crimes and genocide were the fault of Hitler, the Nazi Party, and the SS. It was a comforting myth because it allowed a great number of men who agreed with Hitler’s policies, and often assisted in them to maintain a fiction of honor and respectability. While for the most part the German Army in the West fought according to international norms of conduct, it was a different matter on the Easter Front, where following Hitler’s lead the Wehrmacht from its senior officers in down was often at the tip of the spear in enforcing Hitler’s racial and ideological war. 


                                            Field Marshal Wilhelm Keitel 

This came form the top. In addition to the Commissar order, also known as the Criminal Order, Field Marshal Keitel offered this directive to units fighting on the Easter Front:

“In view of the vast size of the conquered territories in the East, the forces available for establishing security in these areas will be sufficient only if instead of punishing resistance by sentencing the guilty in a court of law, the occupying forces spread such terror as is likely, by its mere existence, to crush every will to resist amongst the population.

The commanders concerned, together with all available troops, should be made responsible for maintaining peace within their areas. The commanders must find the means of keeping order within their areas, not by demanding more security forces, but by applying suitable drastic measures.”

                                           Field Marshal Walter Von Reichenau 

Commanders in the East used Keitel’s order as carte blanche authority to be even more severe than Keitel’s order specified. Field Marshal Walter Reichenau issued what is something’s known as the Severity Order to his 6th Army which was part of Field Marshal Gerd Von Rundstedt’s Army Group South. Von Rundstedt, who was not a Nazi and who maintained his reputation after the war expressed his “complete agreement” with it and urged other subordinates to issue similar orders. 

“The most important objective of this campaign against the Jewish-Bolshevik system is the complete destruction of its sources of power and the extermination of the Asiatic influence in European civilization. … In this eastern theatre, the soldier is not only a man fighting in accordance with the rules of the art of war, but also the ruthless standard bearer of a national conception. … For this reason the soldier must learn fully to appreciate the necessity for the severe but just retribution that must be meted out to the subhuman species of Jewry…” 

Field Marshal Erich Von Manstein

An order was issued by General Erich Von Manstein to his Eleventh Army in November 1941 which stated in part:

“Jewry constitutes the middleman between the enemy in the rear and the remainder of the Red Armed Forces which is still fighting, and the Red leadership. More strongly than in Europe it holds all the key positions in the political leadership and administration, controls commerce and trades, and further forms the nucleus for all unrest and possible uprisings.

The Jewish-Bolshevist system must be exterminated once and for all. Never again must it encroach upon our European living space.

The German soldier has therefore not only the task of crushing the military potential of this system. He comes also as the bearer of a racial concept and as the avenger of all the cruelties’ which have been perpetrated on him and on the German people…

The food situation at home makes it essential that the troops should as far as possible be fed off the land and that furthermore the largest possible stocks should be placed at the disposal of the homeland. Particularly in enemy cities a large part of the population will have to go hungry. Nevertheless nothing which the homeland has sacrificed itself to contribute may, out of a misguided sense of humanity, be given to prisoners or to the population unless they are in the service of the German Wehrmacht.

The soldier must appreciate the necessity for the harsh punishment of Jewry, the spiritual bearer of the Bolshevist terror. This is also necessary in order to nip in the bud all uprisings which are mostly plotted by Jews…

Manstein claimed that he did not remember the order at his trial and that he sought to ensure that his troops did not engage in conduct not fitting of the honor of soldiers. He included the following in the order: “Severest action to be taken: against despotism and self-seeking; against lawlessness and lack of discipline; against every transgression of the honor of a soldier.”

In his defense at Nuremberg Manstien attempted to mitigate the damning words of the order. He explained that “I do want to point out to you that if it says here that the system must be exterminated, then that is extermination of the Bolshevik system, but not the extermination of human beings.” Despite Manstein’s clarification of what he meant in the order it would be hard for soldiers and commanders receiving the order as written could hardly have been expect not to interpret it literally. Likewise his order mentions the intentional starvation of Soviet citizens and harsh invectives against the Jews. 

Like Von Rundstedt, Manstein too would be rehabilitated and for the most part his complicity in Hitler’s racial and ideological war forgotten by historians and military men who admired his strategic, operational, and tactical acumen.


There are many other examples of German Army commanders at various levels issuing orders similar to Von Reichenau and Von Manstein as well as accounts of Wehrmacht units cooperating with the Einsatzgruppen in various mass extermination actions against the Jews, including the action at Babi Yar. In many cases the cooperation was quite close as evidenced by the report of the commander of Einsatzgruppe C to Berlin on November 3rd 1941:

In a great number of cases, it happened that the support of the Einsatzkommandos was requested by the fighting troops. Advance detachments of the Einsatzgruppe also participated in every large military action. They entered newly captured localities side by side with the fighting troops. Thus, in all cases, the utmost support was given. For example, in this connection, it is worth mentioning the participation in the capture of Zhitomir, where the first tanks entering the city were immediately followed by three cars of Einsatzkommando 4a.

As a result of the successful work of the Einsatzgruppe, the Security Police is also held in high regard, in particular by the HQ of the German Army. The liaison officers stationed in Army HQ are loyally briefed of all military operations, and, besides, they receive the utmost cooperation. The Commander of the 6th Army, Generalfeldmarschall von Richenau, has repeatedly praised the work of the Einsatzkommandos and, accordingly, supported the interests of the SD with his staff.

It is true that in some cases individual Wehrmacht officers refused to cooperate with the Einsatzgruppen in their operational areas, but without the cooperation of the Wehrmacht the extermination campaigns against the Jews and other Soviet citizens could not have been successful. 

                                                          The Rape of Nanking 

One has to ask what it takes for otherwise ordinary and law abiding people to carry out crimes of such magnitude. I do believe that the answer is found in the racial ideology that posits certain races as being less than human. The examples of such belief in action litter human history and are not limited to the Germans of the Nazi era. The disturbing thing as that the men who perpetrated the Nazi crimes against humanity and genocide were not unique. The actions of the Japanese army in China, Korea, and Southeast Asia to include the Rape of Nanking and their Unit 731; the American genocide committed against the Native American tribes and the enslavement of Blacks; the extermination of the Herero in German Southwest Africa, the Rwandan genocide, the mass killings of Bosnians by Bosnian Serbs,  the Armenian genocide committed by the Turks, and far too many more examples show this to be the case. 

I think one of our problems is that we want to believe that evil is simply done be evil people. That is why when we see a Hitler, Stalin, Pol Pot, or the monsters of the so-called Islamic State, we are often strangely comforted. This is often because we can point to a single person with a wicked ideology and say “they are evil,” all the while forgetting that they are, or were, like us, also human.Once human beings decide that other human beings are less than human, then all bets are off, and that includes Americans. Over our history we have shown a taste for barbarity when we believe our opponents are less than human.

There is a scene in the movie Nuremberg in which an American psychologist named Gustave Gilbert questions the commandant of Auschwitz. When he asks the commandant if he felt guilty for the extermination of the Jews in his camp the commandant said “does a rat catcher feel guilty for killing rats.” Thereafter Gilbert confronts Herman Goering pointedly asking the number two Nazi “A rat catcher catching rats”. Is that the kind of thinking it takes to carry out state sanctioned mass murder? Not just blind obedience but also a belief that your victims are not human?” 

Goering replies: Let me ask you this. What was Hiroshima? Was it not your medical experiment? Would Americans have dropped bombs as easily on Germany as it did upon Japan killing as many civilians as possible? I think not. To an American sensibility, a Caucasian child is considerably more human than a Japanese child…

What about the negro officers in your own army? Are they not allowed to command troops in combat? Can they sit on the same buses as the whites? The segregation laws in your country and the anti Semitic laws in mine, are they not a difference of degree? 

The tragic thing is that while Gilbert was certainly correct in his question to Goering, Goering was also right. For all that is good about America there is a persistent strain of this kind of thinking which deems other people, especially non-white people as inferior racially, culturally, and intellectually. Over the decades we like to think that we have become better but the underlying attitudes are still present today, sometimes in plain view, but often just under our veneer of civility and good manners, but what maintains that civility is quite fragile. In his history of Auschwitz British historian Laurence Rees wrote:

“human behavior is fragile and unpredictable and often at the mercy of the situation. Every individual still, of course, has a choice as to how to behave, it’s just that for many people the situation is the key determinate in that choice.” 

The German military officers who took part in the campaign in the East were terrifyingly normal. They were raised in an advanced society, highly cultured, well educated, and raised in the cradle of Protestantism, as well as Catholic Germany. Yet many of them became willing participants in crimes of their nation that are unimaginable. But the fact is that the character of nations can be as fragile as that if individuals. As Americans we like to think that we are different but our history often belies this, even our military history and this is part of our conundrum. 

Aleksandr Solzhenitsyn wrote of the struggle:

 “If only it were all so simple! If only there were evil people somewhere insidiously committing evil deeds, and it were necessary only to separate them from the rest of us and destroy them. But the line dividing good and evil cuts through the heart of every human being. And who is willing to destroy a piece of his own heart?”

When I taught ethics at the Joint Forces Staff College I challenged my students to deal with these kinds of questions. They are not easy and they require that we look into the darkest reaches of our hearts to see what we will do when we are confronted with choices to obey orders that go against the values of the institution but may reflect the more troubling aspects of our culture. Some of these men and women I am sure understood and will not break under pressure, but I am not so sure about others, and I worry about them in the crisis. The fact is we are only as good as we are in the crisis. Historian Timothy Snyder wrote something that we should not discount when asking the question about how ordinary men become war criminals:

“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.”

This is something that we most ponder because it would not take much in our present day where the old ethnic race hatreds, religious hatreds, and resurgent nationalism are again raising their head not only in our own country, but around the world. So until tomorrow,

Peace

Padre Steve+

3 Comments

Filed under History, holocaust, laws and legislation, Military, nazi germany, Political Commentary, war crimes, world war two in europe

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