Tag Archives: crimes against humanity

The Perpetrators, the Victims, and the Bystanders: Putin’s War and War Crimes and Us


Friends of Padre Steve’s World,

The Czech-Jewish historian Yehuda Bauer, who escaped the Holocaust with his family the day that Hitler invaded Czechoslovakia, which had been abandoned by England, France, Italy, and even indirectly the United States which was battling a pro-Nazi isolationist movement, made this commend that none of us should forget: “Thou shalt not be a victim, thou shalt not be a perpetrator, but, above all, thou shalt not be a bystander.” 

The Perpetrators: Putin, his Enablers, and those Who Carry Out His War

Bauer’s words are so applicable today as Vladimir Putin and his willing accomplices in the Russian government and military, having miserably failed to overthrow the Ukraine in a fast military campaign have now resorted to using massive artillery barrages, dumb bombs, and long range missiles to directly attack and massacre Ukrainian civilians, including children.

In the long build up to his attack on Ukraine Putin, his advisors, his military planners, as well as the President of Belarus, Alexander Lukashenko and his advisors easily could be charged under the same counts as were the Nazi leaders at Nuremberg. The first is “CRIMES AGAINST PEACE: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.

The facts of this case are that beginning in 2014 Putin’s Russia invaded the eastern regions of the Ukraine and Crimea based on the deliberate lie that Ukraine was committing genocide against Russia speaking people in those areas. the fact is that there was no genocide or even any government organized systematic persecution of any Russian speaking people there or anywhere in Ukraine. this is back up by the testimony of Russian speaking Ukrainians who are now fighting for the Ukraine against Russia. Likewise, the fact that Russia had nearly eight years to bring evidence of the alleged genocide to the U.N. and the International Criminal Court demonstrates that the Russian allegations were lies. They repeated and doubled down on those lies when they began their invasion in February, not only invoking they were invading to prevent genocide, and to destroy “the Nazi regime that had taken over Ukraine.” One again this was a lie. there was no genocide, as Russian speaking Ukrainians call a lie as they fight for Ukraine against Russia, and Ukraine is not a Nazi state. It is a liberal democracy which has free and fair elections, which coincidentally has a Jewish President.

Putin, his advisors, and his military planners began their preparations and planning for this attack in 2021. They built up forces along their eastern and southern borders with Ukraine and in January began conducting joint exercises with Belarus which enabled them to put tens of thousands more troops on Ukraine’s northern border. This would not possible without the cooperation of Belorussian President Lukashenko.

The invasion was in clear violation of international agreements and treaties to which Russia is a signatory, and they all participated in a common plan and conspiracy to make this possible. Those who should be charged with this count include Presidents Putin and Lukashenko, Russian Foreign Minister Sergei Lavrov, who has been masterminding the Russian diplomatic lies and propaganda, Russian Defense Minister Sergei Shoygu, Chief of the General Staff General Valery Garasimov, First Deputy Chief of the General Staff Colonel General Nikolay Bogdanovsky, the commanders of the Western and Central, and Southern Military districts, their subordinate commanders in Ukraine, and the Commander of the Russian Air Force, Lieutenant General Sergey Dronov, and the commanders of Air Force units that are conducting attacks on civilian targets in Ukraine, General of the Army Viktor Zolotov, Commander of the Russian National Guard which in addition to breaking up anti-war demonstrations in Russia are now deployed in Ukraine. The list could go on but many of these leaders are not readily findable on the internet. Regardless, they are known and their names should be placed before the International Criminal Court for investigation of war crimes and crimes against humanity.

The Victims: The Ukrainians

Putin’s war has bogged down. The Ukrainians are fighting with a heroism, patriotism, and ferocity that nobody imagined. Despite being outnumbered, they are killing thousands of Russian soldiers and destroying hundreds of Russian tanks and armored vehicles, and shot down dozens of Russian aircraft and helicopters, and taken hundreds of Russian soldiers as prisoners of war, most of who had no idea that they had no idea why they were in Ukraine. Despite that Putin mpushes forward destroying more towns and and civilian targets while making up lie after lie.

Putin is desperate, isolated and has changed his tactics to target civilians, hospitals, homes and apartment buildings, cut off Ukrainian civilians from evacuation along agreed to evacuation corridors using direct fire from tanks and artillery to kill them and force them back into battered encircled cities with no electricity, water or power. That is not a new thing for the Russian and the Soviet militaries of the past century. When they are bogged down because of poor training, leadership, logistics, and intelligence they resort to brute force. They do not use precision weapons to target military units or facilities, but use artillery already in Ukraine and missiles fired from Russia and Belarus to devastate Ukrainian cities, towns and people.

The Russian military controls the former but still potentially deadly nuclear plant and Chernobyl, and the Zaporizhzhia nuclear plant, the largest nuclear plant in Europe. The attack on Zaporizhzhia was premeditated and experts now believe that the attack brought the plant closer to disaster than before, had it melted down with would have been similar to the disaster at Fukushima. The Russians have now set up a headquarters and forward operating base manned by 500 soldiers at Zaporizhzhia.

The Ukrainian staff are being held captive to run the plants, even though Russians are now calling the shots, including cutting off the electrical power to Chernobyl and the reporting systems used to let the International Atomic Energy Commission to monitor what is happening at those facilities. It is well within the realm of probability that the Russians will either inadvertently or intentionally trigger a nuclear catastrophe at either of these plants, or the other three Ukrainian nuclear plants.

Wednesday the Russians accused Ukraine and the United States of operating secret chemical weapons facilities in Ukraine, the then convened a meeting of the Security Council of the United Nations where they made the accusation, and were basically told that they could not use that forum to spread lies with absolutely no evidence. Their accusations are false but being fanned by Russian and Chinese media outlets as a pretext to attack Ukraine with chemical weapons.

The Russians have three chemical weapon research and production facilities which they have never allowed international inspectors to inspect. Likewise, the vast amounts of chemical weapons which the Russians had committed to destroying in the 1990s cannot be confirmed to be destroyed, and new production cannot be overseen. These facilities are illegal under international law and produce chemical and biological weapons, some of which have been used in Syria, Chechnya, and against individuals, especially dissidents in Russia and abroad. The Russians maintain missile, tactical rocket, artillery, and bombs which can be used to deliver chemical or biological weapons against Ukrainians. These weapons include Sarin, VX, Tabun, Soman, and Novichok nerve agents which even a singled drop on contact with skin can shut down the human nervous system Lewisite, and Mustard gas blister agents which when inhaled so scar the lungs that people die by drowning in their own bodily fluids, choking agents such as phosgene, and blood agents. Their biological agents include Anthrax and Ricin.

The United States ended its offensive chemical and biological weapons programs in 1969, and the programs in Ukraine ended with their independence from the Soviet Union. However, the Russians have played this game before in Syria, where after its weapons were removed, mostly by the United States, the Russians used them numerous times on civilian targets. The Russian accusations against the United States and Ukraine developing chemical weapons are a certain false flag operation to allow the Russians to claim that they are using chemical weapons in self defense, which is also in violation of international treaties and protocols that they have signed. The Russians have vast stockpiles of these weapons which they have continued to develop and use during and after the Cold War.

The second count is WAR CRIMES: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.

There is absolutely no doubt that they will use them as they get more desperate to finish this war which they refuse to call a war and have made it illegal for Russian media or citizens to call it such. The Russians have already attacked over 20 civilian hospitals and many other purely civilian targets, including attacking refugees and relief convoys in prearranged humanitarian corridors. The have attacked nuclear facilities and will not hesitate to use chemical weapons as long as the United States and NATO do not call their hand and find a way to get the Ukrainians weapons that can effect tactical actions such as the Stingers and Javelins, and those include the MiG 29s offered by Poland and other heavy weapons systems that the Ukrainian military has experience using. Likewise, Russia needs to be warned that we will hunt down and take into custody any member of the Russian government or military who has take part in these war crimes, and hand them over to the International Criminal Court, from Putin down, diplomatic status notwithstanding.

Finally we come to CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

The Russians are doing this impunity because not a single leader of any NATO, E.U., or the United Nations has authorized anything more than the shipment of tactical weapons, humanitarian supplies, and yes, massive Economic Sanctions. But Putin is a bully. He is willing to toss around threats of using nuclear or chemical weapons because he knows that we are afraid of crossing his red lines due to fear of World War III and mutually assured destruction in a nuclear war. He is counting on us to back down like Kruschev did in the Cuban Missile Crisis against President Kennedy who put our nuclear forces at THREATCON II, the next to highest and when the Soviet Union under Brezhnev threatened to attack Israel and send nuclear weapons to Egypt during the 1973 Yom Kippur War and President Nixon responded by both mobilizing troops and increasing our Nuclear Threat Condition (THREATCON) to THREATCON III. in both cass the Soviets, fearing the complete destruction of their country backed down. Likewise, when Soviet Lieutenant Colonel Stanislov Petrov was alerted to a nuclear launch of five nuclear missiles realized that the new missile detection system had malfunctioned because such a strike did not match U.S.first strike doctrine, as a result Petrov refused to notify the High Command of the threat, which with only a minute or two to order the retaliatory full nuclear strike mandated by Soviet Doctrine would have certainly ordered. He was relieved of his duties and retired from the Soviet military, but he prevented a world wide nuclear war, which would destroy, him, his family, and his entire country. He later said:  “I had obviously never imagined that I would ever face that situation. It was the first and, as far as I know, also the last time that such a thing had happened, except for simulated practice scenarios.“ Petrov made the right decision, as will any officer order by Putin to launch a nuclear weapon, regardless of Russian doctrine. Putin cannot get around that, and if he ordered such an attack he would be eliminated by Russian military or security officers more committed to the survival of Russia and their loved ones than Putin.

The final count is that of conspiracy of Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.

Every single Russian leader involved in the invasion of Ukraine is guilty of this.

The Bystanders and their chance to intervene

From now on the United States and NATO need to look at history and realize that Putin’s words of nuclear escalation are a bluff that needs to be called without threatening Russia with a nuclear strike but by simply doing what we did in World War II before we were attacked by Japan. We passed the Lend Lease, giving the British, and the Free French, and the Soviets weapons to fight the Nazis and even use American ships and aircraft to escort convoys to Britain. Not only, that but American officers flew is British aircraft during the Battle of the Atlantic, one of them who spotted the German Battleship Bismarck, enabling it to be disabled and sunk by British Aircraft and battleships. Likewise, our involvement did not come without cost. The USS Kearny was damaged by a torpedo while coming to the aid of a convoy in October 1941 with the loss of 11 sailors, and the USS Reuben James was sunk with the loss of 100 of 144 crew members.

Other Americans fought to aide countries being attacked by Fascists, as did American members of the Lincoln Brigade who fought Franco’s Fascists, Mussolini’s Blackshirts, and Hitler’s Condor Legion in Spain, and the American pilots who flew with the Nationalist Chinese against Japan as the ”Flying Tigers” who valiantly fought the Japanese. Today, thousands of Americans, Europeans, and others are volunteering to serve in an international unit of the Ukrainian army. Many are professional soldiers and highly trained combat veterans.

Diplomacy sometimes has to edge towards brinksmanship. Lend Lease and the Cold War demonstrate this. Putin is a typical Soviet KGB hack who only remains in power through the fear of people who are afraid that he is a madman. He is not. We need to give him a way to save face and end his war with Ukraine while claiming that he ended Ukraine’s threat to Russia without destroying Russia, and with it his at least temporary power as its leader. It is the only way to return to what Putin’s Foreign Minster referred to the normal days of the Cold War.

Calling out Putin’s threats, providing the Ukrainians the weapons they need to defend themselves and escorting those weapons to them, daring Putin to do something about it. Despite his bluster and threat of using nuclear weapons or engaging American and NATO units in combat he will not. All of his threats have been political theater to conjure up the fear we have of nuclear war, World War III, and mutually assured destruction. But his is an empty threat, other Russian leaders in the Soviet era made similar threats and never pushed the button because they knew that it would involve the absolute destruction of ”Mother Russia”, the preservation of which is paramount to Putin, who has allied himself with the keepers of this sacred mission, the Russian Orthodox Church. This being the case he will be loathe to start a war that would destroy the holy land he is committed to preserve. For those unaware of the political power of the Orthodox Church in Russia have to rem that its leaders and theologians consider it the Third Rome, in terms of the authority of the Christian Church. It sees itself as the successor to Rome and Constantinople. The Russian Orthodox Church will not permit the destruction of ”Mother Russia” and Putin will not dare cross them. Since the fall of the Soviet Union he was baptized and confirmed as a member of the Church and has presented himself as its defender. To allow it to be destroyed would be tantamount to destroying the Church and Mother Russia. Putin would be damned by the Russian Orthodox Church and his people for letting that happen. Do not underestimate the power of that Church in Russia to deter Putin.

The only way that Putin has a chance to remain in power and salvage a bit of self respect in Russia by declaring his ”limited military operation” a success. If he doesn’t do this the mothers of all those Russian boys killed in Ukraine will rise up like those mothers of the Russian boys lost in Afghanistan. The wounded will come home and tell their stories of the lies they were told, and how honorably and valiantly the Ukrainians fought.

Of course all of this requires the courage of American, NATO, and E.U. leaders to call Putin’s desperate bluffs. We should immediately agree with Poland’s idea to transfer their MiG 29s to Ukraine. The Russians will not do anything to stop them. Despite his threats he does not want war with NATO. He cannot defeat Ukraine unless he totally destroys it, and he is failing. He cannot risk war with NATO.

We should tell Russia directly that if they use chemical or biological weapons against Ukraine that we will find and destroy the Russian military units responsible for their use, declare and enforce a defensive no fly zones over humanitarian aid corridors, airfields, and rail lines, not to destroy Russian military forces. Likewise, we should demand the immediate access by the International Red Cross and other non-aligned humanitarian Non Governmental Organizations to precent a humanitarian catastrophe, that Putin alone would be responsible. Do not be be deceived, despite his false claims about coming to the rescue of of ethnic Russians against Putin and Lavarov’s fake claims of ”genocide” against them, one has to remember that the majority of the people he is killing in Ukraine are the ethnic Russians in Kharkiv, Marianopul, Khorsun, and other cities who have now take up arms against him.

The slaughter can be stopped. Nuclear war avoided, but it cannot be stopped unless we act from the position of moral, legal, economic, diplomatic, and military strength. Putin’s military cannot subdue Ukraine, much less than the full diplomatic, informational, military, and economic might of the United States. President Biden and the leaders of NATO need to call Putin’s bluff knowing that without destroying Mother Russia he doesn’t have the cards or chips to do anything but fold.

For far too many years Western leaders have allowed Putin to get his way by playing on our fears rather than facts. It is true that Russia has the weapons to destroy the world, but when one looks at history, culture, and the preservation of Mother Russia it is a calculated risk that we should take. Putin is not stupid. He is not crazy, he gambled that he could conquer Ukraine in days, that the Inited States, the E.U. and NATO would acquiesce to his seizure of Ukraine. But he was arrogant, made far too many faulty assumptions about how Ukraine, the United States, the E.U., NATO and the world would respond.

Now is the time to take the calculated risk and call his bluffs. If we do not he will continue to wreak havoc in Ukraine, and promote unwarranted fears in the West. The fact is that a militarily, diplomatically, economically and informationally superior NATO is more than a match for him. He is playing the part of a fear filled bully who when push comes to shove, he will back down, or if he continues down this path, members of the Russian military leadership, the FSB, the Oligarchs, and the Russian people will rise up against him. Putin might not face a War Crimes trial if these people kill him and hang him up by meathooks like Mussolini.

The truth is that Putin is playing a weak hand that gets weaker every day. The United States, NATO, and the E.U. need to stop encouraging his aggression by giving in to his threats that paly upon our fears. This is the only way to stop Putin.

The first and final count was the conspiracy charge, which could be used against anyone cooperating with the other charges. It is time for the United States, the E.U., NATO, and the ICC to hang this like the Sword of Damocles over the heads of Putin’s willing helpers. Believe me, none of them want to lose everything for a cause that benefits none of them.

Ukraine will not surrender. That is a given. Many of the Russian people, including senior officers of the FSB are against this invasion, and if the United States, the E.U. and NATO act to support Ukraine beyond supplying short range tactical weapons, fly the Polish MiGs into Ukraine and supply that nation long and medium range air defense missiles, coastal anti-ship missiles, as well as surplus Russian made tanks, artillery, and armored vehicles that Ukrainian military personnel are already trained to use. That is not an escalation as Russian will allege, but something we have always done to help nations being attacked by criminal nation states, just like we did Britain and the Soviet Union through Lend Lease before we were officially at war.

Economic sanctions, diplomatic isolation, and the use of intelligence and information do not deter a state using illegal war built upon lies and disinformation, and threats that it will not Putin will not carry out because they will result in the destruction of the Holy Nation Putin has promised to preserve. Thus the theory of calculated risk. Miether Putin or Russias other leaders will risk the existence of their families and Mother Russia for a war that they cannot win. Standing up and doing these things will bring about peace, enable the Russians to withdraw from Ukraine while preserving the myth that they succeeded in their operation

Sanctions should be maintained until Putin and his willing henchmen turn themselves in to the International Criminal Court, or a new Russian government surrenders them. That being done the people of Russian, many who oppose Putin’s actions should be offered ever resource to rebuild their lives and bring Russia completely into the fold of freedom and democracy without further punishment or declaration of guilt of their nation. This was a terrible legacy of Treaties of Brest-Livstock and Versailles that led to the Soviet Revolution, the Nazis, and World War II.

The Ukrainians need to be free, and the territories seized by Russia in 2014 restored to them. Instead of Russians wealth being seized by the west, a fair amount needs to be given to Ukraine as reparations, but Russia will also need to be rebuilt and its citizens who lost sons and husbands in this war be compensated. The toxic seeds of blame and shame cannot be placed on all Russians, even as their leaders are tried for their conspiracy to commit illegal war, the conduct of that war, and the war crimes and crimes against humanity committed by that regime. We have to separate the ordinary citizens, many who are risking their lives by protesting or fleeing the country because they do not want to be associated with Putin’s regime’s malevolent crimes.

There is justice and there is mercy, but the path to them is filled with danger. That danger includes taking calculated risks against a malevolent dictator attempting to use the fear of World War III to keep powers capable of preventing his war crimes and crimes against humanity from intervening more forcibly. This is where the principle of calculated risk helps us and Ukraine, and eventually the Russian people.

It will take time, and in that time tens of thousands of Ukrainian and Russian lives, but fewer lives will be lost if these actions are taken sooner than later. They are a calculated risk but necessary unless we want to see a complete disaster in Ukraine and and an emboldened Russia that will beging planing attacks on the Baltic States, Poland, and Romania. It will also deter China from making attacks against the Republic of China, Vietnam, and the Philippines. They want an empire but traditionally they are patient and will not take risks that will endanger their nation.

The United States, NATO, the EU, and the World cannot remain bystanders, we must do all we can based on facts, history, diplomatic, informational, military, and economic power cannot be paralyzed by fear by the threats of a bully whose only winning card results in the destruction of his nation. As I have described this is based on the principle of calculated risk. To assume that Putin will resort to a nuclear war that will destroy Mother Russian is to play into the fear that he wants to engender in us, like Hitler did to Britain and France in 1938 at Munich. Putin cannot be appeased. Meeting him with strength the combined weight of Western diplomacy, information, military power and economics might very allow his opponents at home to overthrow him.

It is a risk we must take, sooner rather than later for the sake of the valiant Ukrainians, led by their incredibly brave and insightful President, Volodymyr Zelenskyy.

That is all for tonight. Glory to Ukraine.

Peace,

Padre Steve+

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Filed under crimes against humanity, Foreign Policy, History, Military, national security, nuclear weapons, Political Commentary, ukraine, war crimes

Nuremberg at 75 Years and Trump’s GOP “An Instrument of Conspiracy and of Coercion”

Friends of Padre Steve’s World,

As I watch the actions of Donald Trump and his sycophant Administration and Party Loyalist trying to steal an election they lost and to destroy as much trust in the United States possible on their way out I am reminded of the Götterdämmerung of the Nazi regime from beginning to end. As a historian I am obligated to point out facts. Trump has pardoned war criminals, cooperated with enemies of the United States, destroyed the careers of military, intelligence, police, and other civil servants because they upheld their oaths to the Constitution. He has been complicit in the deaths of over a quarter of a million Americans from the Coronavirus 19 Pandemic, and the infections of more than 12 million more. Many of his actions in the Middle East and Africa could be considered war crimes, and he and his Party’s abandonment of Americans during the pandemic by all means fit the definition of Crimes Against Humanity. 

Before such actions, even the President Bush’s Criminal war of aggression against Iraq, the My Lai Massacre and other atrocities in Vietnam I couldn’t imagine the United States government going against the legal precedents laid down by American Supreme Court Justice Robert Jackson, the Chief American Prosecutor at the Nuremberg War Crimes trials. Justice Jackson organized the trials and served as the chief American Prosecutor at the Major War Crimes Trials. Before those Trials Jackson noted something incredibly profound, which too many Americans, regardless of their political party or ideology fail to comprehend.

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

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

But even more than his criminal actions overseas, President Trump has been acting like a dictator in the United States since he took office. He has bulldozed the Constitutional guardrails that protected our Republic since the beginning. He curtails civil rights, impoverishes Americans while further enriching the richest. But his and their greatest crimes are those in his ham fisted attempt to steal an election that he lost, to undermine trust in our system of government, provoke violence, and endanger national security by failing to facilitate a smooth transition. His actions and those of his followers remind me of Hitler’s actions in his final days to destroy a Germany that did not live up to his expectations.

That brings me to tonight’s article and my articles for much of the next week. I hate to write this but in the face of tyranny I have to tell the truth. In doing so I have to bring up the ghosts of the past which we mistakenly thought were confined to Adolf Hitler and his Nazi Party, but have found a welcoming home in Trump’s America. The fact that 73 million Americans voted for him, though President elect Biden received over 80 million votes and a massive win in electoral votes shows us all that tyrannical regimes like the Nazis are not confined to a single nation, people, place or time, but rather are far more common than we care to admit.

Now on to the story…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This is especially so in the United States where Donald Trump has made repeated policy statements limiting civil rights and freedom of speech, limiting the role of the courts, curtailing freedom of the press, and favoring one religion above others. He has curtailed the legal and civil rights of whole groups of people, expelled millions of people, and banned whole groups of other people entry into the country. He has openly supported police attacks on peaceful protestors. He promised to rid the government of his opponents. He fires career intelligence officials, diplomats, military officers, and believes that the military should use methods that are condemned as war crimes, war crimes such as were prosecuted by the United States and her Allies at Nuremberg, even pardoning convicted war criminals.

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

But at what price?

Even now Trump and his cabal of jackbooted thieves, racists, theocrats, anti-democracy, Constitution and Declaration of Independence hating, traitors who cooperate with enemies of the United States to remain in power. Every fiber of my being as a Christian and career military officer committed to the Constitution and the highest ideals of our country cries out against their actions because they are traitors and accomplices of a yet to be indicted criminal gang occupying the White House and denying every meaningful part of the Christian faith they so loudly profess and try to force in others. Their strategy now is scorched earth, to destroy everything that made this country special and the envy of most of the world.

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

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

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

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

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

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

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

Until tomorrow,

Peace

Padre Steve+

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“Say I Slew Them Not…” the Long Lasting Impact of Trumpism

Friends of Padre Steve’s World,

This is the final installment of my introduction and comments regarding Supreme Court Justice and Chief American Prosecutor Robert Jackson’s closing arguments at Nuremberg.

In this final segment of his closing arguments, Jackson confronted the impossibility of a cabal of the most powerful members of the Nazi Party, the German Government, its Military, and Police organizations, the men closest to Adolf Hitler and the center of power in Germany who by their testimony knew nothing of what was going on in the country.

When one reads the transcripts of the trials as I am continuing to do in between reading other books, including one about the Tokyo War Crimes Trials, the defendants universal defense was that they knew nothing, or had learned of the Nazi crimes for the first time during the trial.

What is remarkable is that for every denial there was documented evidence to the contrary, that each in their own way were willing participants in the Nazi crimes. While they pointed fingers at the dead, like Joseph Goebbels, Heinrich Himmler, Reinhard Heydrich, or unaccounted for like Martin Bormann, and on occasion the other defendants in the dock, each attempted to cover his tracks with lies and deception. Even Albert Speer, who was the only one of the defendants to openly admit his guilt during the trial engaged in deception.

The lies of these men and their brutal exposure before the watching world should serve as a warning to the leaders of nations, especially the nations which prosecuted these men, the foremost being the United States of America. Before the trial in the London agreement, Jackson noted:

“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.

I have served and continue to serve the United States, but my oath to the Constitution demands that I be intellectually honest and forthright in stating that the United States has not lived up to its founding principles or the words of Justice Jackson. During the Cold War the United States engaged in overthrowing foreign governments and replacing them with dictators more inclined to do our bidding, engineered the pretext to allow massive U. S. Military intervention in Vietnam, and after the Cold War used the real pretext of the terrorism of the 9-11-2001 attacks to invade Iraq, a country that was not involved. The list could go on and on, but because of the protections of the First Amendment, a free press has been able to expose many of those lies, even as the beast of corporate media egged on war like the Yellow Journalism of William Randolph Hearst during the run up to the Spanish American War.

Every government in every nation has engaged in some amount of lying to increase its power, influence, or to cover its malfeasance. The United States is not blameless, but too often Americans, ignorant or history, and the Constitution revel in the myth of American Exceptionalism to justify actions against other nations that do the same, that we have gone to war to confront or prosecuted as war criminals for doing. In fact, some of the Nazis in the dock at Nuremberg defended their actions by citing American history: Slavery, Jim Crow, the extermination of the peoples of America’s First Nations, the American practice of eugenics, and medical experiments on racial minorities or the mentally ill, and the incarceration of Japanese Americans following Pearl Harbor to justify and defend their crimes, even as they denied their culpability for their crimes.

The Nazis in the dock at Nuremberg included true believers as well as opportunists. The were willing members of a regime founded upon lies. In defeat and on trial they would all repeat those lies, and add to them. Unfortunately, the current American President and his administration seem to be playing the same game with truth as the Nazis did. Hannah Arendt wrote:

“Before mass leaders seize the power to fit reality to their lies, their propaganda is marked by its extreme contempt for facts as such, for in their opinion fact depends entirely on the power of man who can fabricate it.”

Truth and integrity are not fungible assets that one can abandon without consequences. Germany is still hampered in international relations as well as domestic politics by what the Nazis did. The shadows of the Nazi past still enshroud Germans who are two or three generations removed from the Nazi past. The great ethicist Sissela Bok wrote:

“Trust and integrity are precious resources, easily squandered, hard to regain. They can thrive only on a foundation of respect for veracity.” 

As I watch the final days of President Trump and his consigliere’s of criminal corruption be exposed for what they are by a still free press following an election defeat that he refuses to acknowledge and salts the earth behind him, I am reminded of Hitler and his cult like entourage, including those who did not kill themselves at the end of the war. Their malfeasance and criminal acts are too great to enumerate here, except killing over a quarter of a million Americans by their steadfast refusal to do what was necessary to save lives during the Coronavirus 19 Pandemic. They separated immigrant families from their children and caging those children in inhumane conditions with hundreds still separated even today. Engaging in the forced sterilization of immigrant and refugee mothers in border detention centers. Making common cause with White Nationalists engaging in reigns of terror against Blacks, Jews, Muslims, Asians and Hispanics. Accusing anyone who does not completely agree with them as “enemies of America” “Communists,” or “traitors.”

Through his Twitter Account Trump has spread lie upon lie, and spread hate filled conspiracy theories so base and demonic that they are beyond belief, yet his followers believe those lies as if they were the Gospel. In fact many of his followers who identify as conservative or evangelical Christians act as if Trump’s words and actions trump the beliefs of the Church. Trump has become their Messiah, just as Hitler was for his true believers.

I cannot predict with accuracy what will happen with these people when Trump leaves office, but I presume that they will believe a version of the Dolchstoß Myth, the Stab-in-the-back, of betrayal. Trump will feed that belief and that at least some violence will ensue, including political assassinations, lynchings, and other violence.

I am reminded of how Robert Jackson and the team of Allied prosecutors used the words and documents of the Nazis themselves to indict and convict them.

With that I give you Robert Jackson’s masterful dissection of the Nazis in the dock at Nuremberg’s Palace of Justice. Something that we should pay close attention to as we follow the nefarious antics of President Trump and his corrupt administration and cult-like followers. What is interesting about the Nuremberg defendants were that some were true believers, while others were opportunists trying to advance their careers, even knowing the cause was evil and often criminal. The latter were probably more like many people nowadays, they just look the other way while trying to take advantage of any opportunity given to them.

Anyway, back to indexing my book.

Until tomorrow,

Peace,

Padre Steve+

Record of Proceedings: July 26, 1946, continued:

Rudolf Hess

The zealot Hess, before succumbing to wanderlust, was the engineer tending the Party machinery, passing orders and propaganda down to the Leadership Corps, supervising every aspect of Party activities, and maintaining the organization as a loyal and ready instrument of power.

Joachim von Ribbentrop

When apprehensions abroad threatened the success of the Nazi regime for conquest, it was the double-dealing Ribbentrop, the salesman of deception, who was detailed to pour wine on the troubled waters of suspicion by preaching the gospel of limited and peaceful intentions.

Wilhelm Keitel

Keitel, the weak and willing tool, delivered the armed forces, the instrument of aggression, over to the Party and directed them in executing its felonious designs.

Ernst Kaltenbrunner

Kaltenbrunner, the grand inquisitor, assumed the bloody mantle of Heydrich to stifle opposition and terrorise into compliance, and buttressed the power of National Socialism on a foundation of guiltless corpses.

Alfred Rosenberg

It was Rosenberg, the intellectual high priest of the “master race”, who provided the doctrine of hatred which gave the impetus for the annihilation of Jewry, and who put his infidel theories into practice against the Eastern occupied territories. His woolly philosophy also added boredom to the long list of Nazi atrocities.

Hans Frank

The fanatical Frank, who solidified Nazi control by establishing the new order of authority without law, so that the will of the Party was the only test of legality, proceeded to export his lawlessness to Poland, which he governed with the lash of Caesar and whose population he reduced to sorrowing remnants.

Wilhelm Frick

Frick, the ruthless organiser, helped the Party to seize power, supervised the police agencies to ensure that it stayed in power, and chained the economy of Bohemia and Moravia to the German war machine.

Julius Streicher

Streicher, the venomous vulgarian, manufactured and distributed obscene racial libels which incited the populace to accept and assist the progressively savage operations of “race purification”.

Walter Funk

As Minister of Economics Funk accelerated the pace of rearmament, and as Reichsbank president banked for the SS the gold teeth-fillings of concentration camp victims -probably the most ghoulish collateral in banking history.

Hjalmar Schacht

It was Schacht, the facade of starched respectability, who in the early days provided the window-dressing, the bait for the hesitant, and whose wizardry later made it possible for Hitler to finance the colossal rearmament programme, and to do it secretly.

Karl Dönitz

Donitz, Hitler’s legatee of defeat, promoted the success of the Nazi aggressions by instructing his pack of submarine killers to conduct warfare at sea with the illegal ferocity of the jungle.

Erich Raeder

Raeder, the political admiral, stealthily built up the German Navy in defiance of the Versailles Treaty, and then put it to use in a series of aggressions which he had taken a leading part in planning.

Baldur von Schirach

Von Schirach, poisoner of a generation, initiated the German youth in Nazi doctrine, trained them in legions for service in the SS and Wehrmacht, and delivered them up to the Party as fanatic, unquestioning executors of its will.

Fritz Sauckel

Sauckel, the greatest and cruellest slaver since the Pharaohs of Egypt, produced desperately needed manpower by driving foreign peoples into the land of bondage on a scale unknown even in the ancient days of tyranny in the kingdom of the Nile.

Alfred Jodl

Jodl, betrayer of the traditions of his profession, led the Wehrmacht in violating its own code of military honour in order to carry out the barbarous aims of Nazi policy.

Franz von Papen

Von Papen, pious agent of an infidel regime, held the stirrup while Hitler vaulted into the saddle, lubricated the Austrian annexation, and devoted his diplomatic cunning to the service of Nazi objectives abroad.

Arthur Seyess-Inquart

Seyss-Inquart, spearhead of the Austrian fifth column, took over the government of his own country only to make a present of it to Hitler, and then, moving north, brought terror and oppression to the Netherlands and pillaged its economy for the benefit of the German juggernaut.

Konstantin von Neurath

Von Neurath, the old-school diplomat, who cast the pearls of his experience before the Nazis, guided Nazi diplomacy in the early years, soothed the fears of prospective victims, and as Reich Protector of Bohemia and Moravia strengthened the German position for the coming attack on Poland.

Albert Speer

Speer, as Minister of Armaments and Production, joined in planning and executing the programme to dragoon prisoners of war and foreign workers into German war industries, which waxed in output while the labourers waned in starvation.

Hans Fritzsche

Fritzsche, radio propaganda chief, by manipulation of the truth goaded German public opinion into frenzied support of the regime, and anaesthetised the independent judgement of the population so that they did their masters’ bidding without question.

Martin Bormann

Bormann, who has not accepted our invitation to this reunion, sat at the throttle of the vast and powerful engine of the Party, guiding it in the ruthless execution of Nazi policies, from the scourging of the Christian Church to the lynching of captive Allied airmen.

The activities of all these defendants, despite their varied backgrounds and talents, were joined with the efforts of other conspirators not now in the. dock, who played still other essential roles: They blend together into one consistent and militant pattern animated by a common objective to reshape the map of Europe by force of arms. Some of these defendants were ardent members of the Nazi movement from its birth. Others, less fanatical, joined the common enterprise later, after success had made participation attractive by the promise of rewards. This group of latter-day converts remedied a crucial defect in the ranks of the original true believers, for as Dr. Siemers has pointed out in his summation:

“… There were no specialists among the National Socialists for the particular tasks. Most of the National Socialist collaborators did not previously follow a trade requiring technical education.”

It was the fatal weakness of the early Nazi band that it lacked technical competence. It could not from among its own ranks make up a government capable of carrying out all the projects necessary to realize its aims. Therein lies the special crime and betrayal of men like Schacht and von Neurath, Speer and von Papen, Raeder and Donitz, Keitel and Jodl. It is doubtful whether the Nazi master plan could have succeeded without their specialized intelligence which they so willingly put at its command. They did so with knowledge of its announced aims and methods, and continued their services after practice had confirmed the direction in which they were tending. Their superiority to the average run of Nazi mediocrity is not their excuse. It is their condemnation.

The dominant fact which stands out from all the thousands of pages of the record of this trial is that the central crime of the whole group of Nazi crimes -the attack on the peace of the world -was clearly and deliberately planned. The beginning of these wars of aggression was not an unprepared and spontaneous springing to arms by a population excited by some current indignation. A week before the invasion of Poland Hitler told his military commanders:

“I shall give a propagandist cause for starting war -never mind whether it be plausible or not. The victor shall not be asked later on whether we told the truth or not. In starting and making a war, it is not the right that matters, but victory.”

The propagandist incident was duly provided by dressing concentration camp inmates in Polish uniforms, in order to create the appearance of a Polish attack on a German frontier radio station. The plan to occupy Belgium, Holland, and Luxembourg first appeared as early as August, 1938, in connection with the plan for attack on Czechoslovakia. The intention to attack became a programme in May, 1939, when Hitler told his commanders that:

“The Dutch and Belgian air bases must be occupied by armed forces. Declarations of neutrality must be ignored.”

Thus, the follow-up wars were planned before the first was launched. These were the most carefully plotted wars in all history. Scarcely a step in their terrifying succession and progress failed to move according to the master blueprint or the subsidiary schedules and timetables until long after the crimes of aggression were consummated. Nor were the war crimes and the crimes against humanity unplanned, isolated or spontaneous offences. Apart from our undeniable evidence of their plotting, it is sufficient to ask whether six million people could be separated from the population of several nations on the basis of their blood and birth, could be destroyed and their bodies disposed of, unless the operation had fitted into the general scheme of government. Could the enslavement of five millions of labourers, their impressment into service, their transportation to Germany, their allocation to work where they would be most useful, their maintenance, if slow starvation can be called maintenance, and their guarding have been accomplished if it did not fit into the common plan? Could hundreds of concentration camps located throughout Germany, built to accommodate hundreds of thousands of victims, and each requiring labour and materials for construction, manpower to operate and supervise, and close gearing into the economy -could such efforts have been expended under German autocracy if they had not suited the plan? Has the Teutonic passion for organization suddenly become famous for its toleration of non-conforming activity? Each part of the plan fitted into every other. The slave labour programme meshed with the needs of industry and agriculture, and these in turn synchronised with the military machine. The elaborate propaganda apparatus geared with the programme to dominate the people and incite them to a war which their sons would have to fight. The armament industries were fed by the concentration camps. The concentration camps were fed by the Gestapo. The Gestapo was fed by the spy system of the Nazi Party. Nothing was permitted under the Nazi iron rule that was not in accordance with the programme.

Everything of consequence that took place in this regimented society was but a manifestation of a premeditated and unfolding purpose to secure the Nazi State a place in the sun by casting all others into darkness.

COMMON DEFENCES AGAINST THE CHARGE OF COMMON RESPONSIBILITY

The defendants meet this overwhelming case, some by admitting a limited, responsibility, some by putting the blame on others, and some by taking the position, in effect, that while there have been enormous crimes there are no criminals. Time will not permit me to examine each individual and particular defence, but there are certain lines of defence common to so many cases that they deserve some consideration.

Counsel for many of the defendants seek to dismiss the charge of a common plan or conspiracy on the ground that the pattern of the Nazi plan does not fit into the concept of conspiracy applicable in German law to the plotting of a highway robbery or a burglary. Their concept of conspiracy is in the terms of a stealthy meeting in the dead of night, in a secluded hide-out, in which a group of felons plot every detail of a specific crime. The Charter forestalls resort to such parochial and narrow concepts of conspiracy taken from local law by using the additional and non-technical term, “common plan”. Omitting entirely the alternative term of “conspiracy”, the Charter reads that “leaders, organisers, instigators, and accomplices participating in the formulation or execution of a common plan to commit” any of the described crimes “are responsible for all acts performed by any persons in execution of such plan”.

The Charter concept of a common plan really represents the conspiracy principle in an international context. A common plan or conspiracy to seize the machinery of a State, to commit crimes against the peace of the world, to blot a race out of existence, to enslave millions, and to subjugate and loot whole nations cannot be thought of in the same terms as the plotting of petty crimes, although the same underlying principles are applicable. Little gangsters may plan who will carry a pistol and who a stiletto, who will approach a victim from the front and who from behind, and where they will waylay him. But in planning war, the pistol becomes a Wehrmacht, the stiletto a Luftwaffe. Where to strike is not a choice of dark alleys, but a matter of world geography. The operation involves the manipulation of public opinion, the law of the State, the police power, industry, and finance. The baits and bluffs must be translated into a nation’s foreign policy. Likewise, the degree of stealth which points to a guilty purpose in, a conspiracy will depend upon its object. The clandestine preparations of a State against international society, although camouflaged to those abroad, might be quite open and notorious among its own people. But stealth is not an essential ingredient of such planning. Parts of the common plan may be proclaimed from the housetops, as anti-Semitism was, and parts of it kept under cover, as rearmament for a long time was. It is a matter of strategy how much of the preparation shall be made public, as was Goering’s announcement in 1935 of the creation of an air force, and how much shall be kept covert, as in the case of the Nazis’ use of shovels to teach “labour corps” the manual of arms. The forms of this grand type of conspiracy are amorphous, the means are opportunistic, and neither can divert the law from getting at the substance of things.

The defendants counted, however, that there could be no conspiracy involving aggressive war because (1) none of the Nazis wanted war; (2) rearmament was only intended to provide the strength to make Germany’s voice heard in the family of nations; and (3) the wars were not in fact aggressive wars but were defensive wars against a “Bolshevik menace”.

When we analyse the argument that the Nazis did not want war it comes down, in substance, to this: “The record looks bad indeed -objectively -but when you consider the state of my mind -subjectively I hated war. I knew the horrors of war. I wanted peace.” I am not so sure of this. I am even less willing to accept Goering’s description of the General Staff as pacifist. However, it will not injure our case to admit that as an abstract proposition none of these defendants liked war. But they wanted things which they knew they could not get without war. They wanted their neighbours’ lands and goods. Their philosophy seems to be that if the neighbours would not acquiesce, then they are the aggressors and are to blame for the war. The fact is, however, that war never became terrible to the Nazis until it came home to them, until it exposed their deceptive assurances to the German people that German cities, like the ruined one in which we meet, would be invulnerable. From then on, war was terrible.

But again the defendants claim: “To be sure, we were building guns. But not to shoot. They were only to give us weight in negotiating.” At its best this argument amounts to a contention that the military forces were intended for blackmail, not for battle. The threat of military invasion which forced the Austrian Anschluss, the threats which preceded Munich, and Goering’s threat to bomb the beautiful city of Prague if the President of Czechoslovakia did not consent to the Protectorate, are examples of what the defendants had in mind when they talked of arming to back negotiation.

But from the very nature of German demands, the day was bound to come when some country would refuse to buy its peace, would refuse to pay Dane-geld,

“For the end of that game is oppression and shame, And the nation that plays it is lost.”

Did these defendants then intend to withdraw German demands, or was Germany to enforce them and manipulate propaganda so as to place the blame for the war on the nation so unreasonable as to resist? Events have answered that question, and documents such as Admiral Carl’s memorandum, earlier quoted, leave no doubt that the events occurred as anticipated.

But some of the defendants argue that the wars were not aggressive and were only intended to protect Germany against some eventual danger from the “menace of Communism”, which was something of an obsession with many Nazis.

At the outset this argument of self-defence fails because it completely ignores this damning combination of facts clearly established in the record: first, the enormous and rapid German preparations for war; second, the repeatedly avowed intentions of the German leaders to attack, which I have previously cited; and third, the fact that a series of wars occurred in which German forces struck the first blows, without warning, across the borders of other nations.

Even if it could be shown -which it cannot -that the Russian war was really defensive, such is demonstrably not the case with those wars which preceded it.

It may also be pointed out that even those who would have you believe that Germany was menaced by Communism also compete with each other in describing their opposition to the disastrous Russian venture. Is it reasonable that they would have opposed that war if it were undertaken in good faith in self-defence.

It is sought to balance the frivolous self-defence theory against the facts, as advocates often do, by resort to a theory of law. Dr. Jahrreiss, in his scholarly argument for the defence, rightly points out that no treaty provision and no principle of law denied Germany, as a sovereign nation, the right of self-defence. He follows with the assertion for which there is authority in classic International Law, that:

“… every State is alone judge of whether in a given case it is waging a war of self-defence”.

It is not necessary to examine the validity of an abstract principle which does not apply to the facts of our case. I do not doubt that if a nation arrived at a judgement that it must resort to war in self-defence, because of conditions affording reasonable grounds for such an honest judgement, any Tribunal would accord it great and perhaps conclusive weight, even if later events proved that judgement mistaken.

But the facts in this case call for no such deference to honest judgement because no such judgement was ever pretended, much less honestly made.

In all the documents which disclose the planning and rationalisation of these attacks, not one sentence has been or can be cited to show an honest fear of attack. It may be that statesmen of other nations lacked the courage forthrightly and fully to disarm. Perhaps they suspected the secret rearmament of Germany. But if they hesitated to abandon arms, they did not hesitate to neglect them. Germany well knew that her former enemies had allowed their armaments to fall into decay, so little did they contemplate another war. Germany faced a Europe that not only was unwilling to attack, but was too weak and pacifist even adequately to defend, and went to the very verge of dishonour, if not beyond, to buy its peace. The minutes we have shown you of the Nazis’ secret conclaves identify no potential attacker. They bristle with the spirit of aggression and not of defence. They contemplate always territorial expansion, not the maintenance of territorial integrity.

Minister of War von Blomberg, in his 1937 directive prescribing general principles for the preparation for war of the armed forces, has given the lie to these feeble claims of self-defence. He stated at that time:

“The general political situation justifies the supposition that Germany need not consider an attack on any side. Grounds for this are, in addition to the lack of desire for war in almost all nations, particularly the Western Powers, the deficiencies in the preparedness for war in a number of States and of Russia in particular.”

Nevertheless, he recommended: “a continuous preparation for war in order to (a) counter-attack at any time, and (b) to enable the military exploitation of politically favourable opportunities should they occur”.

If these defendants may now cynically plead self-defence, although no honest need of self-defence was asserted or contemplated by any responsible leader at that time, it reduces non-aggression treaties to a legal absurdity. They become additional instruments of deception in the hands of the aggressor, and traps for well-meaning nations. If there be in non-aggression pacts an implied condition that each nation may make a bona fide judgement as to the necessity for self-defence against imminent threatened attack, it certainly cannot be invoked to shelter those who never made any such judgement at all.

In opening this case I ventured to predict that there would be no serious denial that the crimes charged were committed, and that the issue would concern the responsibility of particular defendants. The defendants have fulfilled that prophecy. Generally, they do not deny that these things happened, but it is contended that they “just happened”, and that they were not the result of a common plan or conspiracy.

One of the chief reasons the defendants say why there was no conspiracy is the argument that conspiracy was impossible with a dictator. The argument runs that they all had to obey Hitler’s orders, which had the force of law m the German State, and hence obedience could not be made the basis of a criminal charge. In this way it is explained that while there have been wholesale killings, there have been no murderers.

This argument is an effort to evade Article 8 of the Charter, which provides that the order of the Government or of a superior shall not free a defendant from responsibility but can only be considered in mitigation. This provision of the Charter corresponds with the justice and with the realities of the situation, as indicated in defendant Speer’s description of what he considered to be the common responsibility of the leaders of the German nation; he said that … with reference to decisive matters, there was a joint responsibility. There must be a joint responsibility among the leaders, because who else could take the responsibility for the development of events, if not the close associates who work with and around the head of the State?

And again he told the Tribunal that … it was impossible after the catastrophe to evade this joint responsibility, and that if the war had been won, the leaders would also have laid claim to joint responsibility.

Like much of defence counsel’s abstract arguments, the contention that the absolute power of Hitler precluded a conspiracy crumbles in the face of the facts of record. The Fuehrerprinzip of absolutism was itself a part of the common plan, as Goering has pointed out. The defendants may have become the slaves of a dictator, but he was their dictator. To make him such was, as Goering has testified, the object of the Nazi movement from the beginning. Every Nazi took this oath:

“I pledge eternal allegiance to Adolf Hitler. I pledge unconditional obedience to him and the Fuehrers appointed by him.”

Moreover, they forced everybody else in their power to take it. This oath was illegal under German law, which made it criminal to become a member of an organization in which obedience to “unknown superiors or unconditional obedience to known superiors is pledged”. These men destroyed free government in Germany and now plead to be excused from responsibility because they became slaves. They are in the position of the boy of fiction who murdered his father and mother and then pleaded for leniency because he was an orphan.

What these men have overlooked is that Adolf Hitler’s acts are their acts. It was these men among millions of others, and it was these men leading millions of others, who built up Adolf Hitler and vested in his psychopathic personality not only innumerable lesser decisions but the supreme issue of war or peace. They intoxicated him with power and adulation. They fed his hates and aroused his fears. They put a loaded gun in his eager hands. It was left to Hitler to pull the trigger, and when he did they all at that time approved. His guilt stands admitted, by some defendants reluctantly, by some vindictively. But his guilt is the guilt of the whole dock, and of every man in it.

But it is urged that these defendants could not be in agreement on a common plan or conspiracy because they were fighting among themselves or belonged to different factions or cliques. Of course, it is not necessary that men should agree on everything in order to agree on enough things to make them liable for a criminal conspiracy. Unquestionably there were conspiracies within the conspiracy, and intrigues and rivalries and battles for power. Schacht and Goering disagreed, but over which of them should control the economy, not over whether the economy should be regimented for war. Goering claims to have departed from the plan because, through Dahlerus, he conducted some negotiations with men of influence in England just before the Polish war. But it is perfectly clear that this was not an effort to prevent aggression against Poland but to make that aggression successful and safe by obtaining English neutrality. Rosenberg and Goering may have had some differences as to how stolen art should be distributed, but they had none about how it should be stolen. Jodl and Goering may have disagreed about whether to denounce the Geneva Convention, but they never disagreed about violating it. And so it goes through the whole long and sordid story. Nowhere do we find a single instance where any one of the defendants stood up against the rest and said: “This thing is wrong and I will not take part in it.” Wherever they differed, their differences were as to method or jurisdiction, but always within the framework of the common plan.

Some of the defendants also contend that in any event there was no conspiracy to commit war crimes or crimes against humanity because Cabinet members never met with the military commanders to plan these acts. But these crimes were only the inevitable and incidental results of the plan to commit the aggression for purposes of Lebensraum. Hitler stated, at a conference with his commanders, that:

“The main objective in Poland is the destruction of the enemy and not the reaching of a certain geographical line.”

Frank picked up the tune and suggested that when their usefulness was exhausted,

“… then, for all I care, mincemeat can be made of the Poles and Ukrainians and all the others who run around here -it does not matter what happens”.

Reichskommissar Koch in the Ukraine echoed the refrain:

“I will draw the very last out of this country. I did not come to spread bliss ….”

This was Lebensraum in its seamy side. Could men of their practical intelligence expect to get neighboring lands free from the claims of their tenants without committing crimes against humanity?

The last stand of each defendant is that even if there was a conspiracy, he was not in it. It is therefore important in examining their attempts at avoidance of responsibility to know, first of all, just what it is that a conspiracy charge comprehends and punishes.

In conspiracy we do not punish one man for another man’s crime. We seek to punish each for his own crime of joining a common criminal plan in which others also participated. The measure of the criminality of the plan and therefore of the guilt of each participant is, of course, the sum total of crimes committed by all in executing the plan. But the gist of the offence is participation in the formulation or execution of the plan. These are rules which every society has found necessary in order to reach men, like these defendants, who never get blood on their own hands but who lay plans that result in the shedding of blood. All over Germany today, in every zone of occupation, little men who carried out these criminal policies under orders are being convicted and punished. It would present a vast and unforgivable caricature of justice if the men who planned these policies and directed these little men should escape all penalty.

These men in this dock, on the face of this record, were not strangers to this programme of crime, nor was their connection with it remote or obscure. We find them in the very heart of it. The positions they held show that we have chosen defendants of self-evident responsibility. They are the very highest surviving authorities in their respective fields and in the Nazi State. No one lives who, at least until the very last moments of the war, outranked Goering in position, power, and influence. No soldier stood above Keitel and Jodl, and no sailor above Raeder and Donitz. Who can be responsible for the double-faced diplomacy if not the Foreign Ministers, von Neurath and Ribbentrop, and the diplomatic handyman, von Papen? Who should be answerable for the oppressive administration of occupied countries if Gauleiter, Protectors, Governors and Commissars such as Frank, Seyss-Inquart, Frick, von Schirach, von Neurath, and Rosenberg are not? Where shall we look for those who mobilised the economy for total war if we overlook Schacht and Speer and Funk? Who was the master of the great slaving enterprise if it was not Sauckel? Where shall we find the hand that ran the concentration camps if it was not the hand of Kaltenbrunner? Who whipped up the hates and fears of the public, and manipulated the Party organizations to incite these crimes, if not Hess, von Schirach, Fritzsche, Bormann and the unspeakable Julius Streicher? The list of defendants is made up of men who played indispensable and reciprocal parts in this tragedy. The photographs and the films show them again and again together on important occasions. The documents show them agreed on policies and on methods, and all working aggressively for the expansion of Germany by force of arms.

Hermann Goering

Each of these men made a real contribution to the Nazi plan. Each man had a key part. Deprive the Nazi regime of the functions performed by a Schacht, a Sauckel, a von Papen, or a Goering, and you have a different regime. Look down the rows of fallen men and picture them as the photographic and documentary evidence shows them to have been in their days of power. Is there one who did not substantially advance the conspiracy along its bloody path towards its bloody goal? Can we assume that the great effort of these men’s lives was directed towards ends they never suspected?

To escape the implications of their positions and the inference of guilt from their activities, the defendants are almost unanimous in one defence. The refrain is heard time and again: these men were without authority, without knowledge, without influence, without importance. Funk summed up the general self-abasement of the dock in his plaintive lament that:

“I always, so to speak, came up to the door. But I was not permitted to enter.”

In the testimony of each defendant, at some point there was reached the familiar blank wall: nobody knew anything about what was going on. Time after time we have heard the chorus from the dock:

“I only heard about these things here for the first time.”

These men saw no evil, spoke none, and none was uttered in their presence. This claim might sound very plausible if made by one defendant. But when we put all their stories together, the impression which emerges of the Third Reich, which was to last a thousand years, is ludicrous. If we combine only the stories of the front bench, this is the ridiculous composite picture of Hitler’s Government that emerges. It was composed of:

A No. 2 man who knew nothing of the excesses of the Gestapo which he created, and never suspected the Jewish extermination programme although he was the signer of over a score of decrees which instituted the persecution of that race;

A No. 3 man who was merely an innocent middleman transmitting Hitler’s orders without even reading them, like a postman or delivery boy;

A Foreign Minister who knew little of foreign affairs and nothing of foreign policy;

A Field-Marshal who issued orders to the armed forces but had no idea of the results they would have in practice;

A Security Chief who was of the impression that the policing functions of his Gestapo and SD were somewhat on the lines of directing traffic;

A Party philosopher who was interested in historical research, and had no idea of the violence which his philosophy was inciting in the twentieth century;

A Governor-General of Poland who reigned but did not rule;

A Gauleiter of Franconia whose occupation was to pour forth filthy writings about the Jews, but who had no idea that anybody would read them;

A Minister of the Interior who knew not even what went on in the interior of his own office, much less the interior of his own department, and nothing at all about the interior of Germany;

A Reichsbank President who was totally ignorant of what went in and out of the vaults of his bank;

A Plenipotentiary for the War Economy who secretly marshalled the entire economy for armament, but had no idea it had anything to do with war.

This may seem like a fantastic exaggeration, but this is what you would actually be obliged to conclude if you were to acquit these defendants.

They do protest too much. They deny knowing what was common knowledge. They deny knowing plans and programmes that were as public as Mein Kampf and the Party programme.

They deny even knowing the contents of documents which they received and acted upon. Nearly all the defendants take two or more conflicting positions. Let us illustrate the inconsistencies of their positions by the record of one defendant -who, if pressed, would himself concede that he is the most intelligent, honourable and innocent man in the dock. That is Schacht. And this is the effect of his own testimony -but let us not forget that I recite it not against him alone, but because most of its self-contradictions are found in the testimony of several defendants.

Schacht did not openly join the Nazi movement until it had won, nor openly desert it until it had lost. He admits that he never gave it public opposition, but asserts that he never gave it private loyalty. When we demand of him why he did not stop the criminal course of the regime in which he was a Minister, he says he had not a bit of influence. When we ask why he remained a member of the criminal regime, he tells us that by sticking on he expected to moderate its programme. Like a Brahmin among Untouchables, he could not bear to mingle with the Nazis socially, but never could he afford to separate from them politically. Of all the Nazi aggressions by which he now claims to have been shocked, there is not one that he did not support before the world with the weight of his name and prestige. Having armed Hitler to blackmail a continent, his answer now is to blame England and France for yielding. Schacht always fought for his position in a regime he now affects to despise. He sometimes disagreed with his Nazi confederates about what was expedient in reaching their goal, but he never dissented from the goal itself. When he did break with them in the twilight of the regime, it was over tactics, not principles. From then on he never ceased to urge others to risk their positions and their necks to forward his plots, but never on any occasion did he hazard either of his own. He now boasts that he personally would have shot Hitler if he had had the opportunity, but the German newsreel shows that even after the fall of France, when he faced the living Hitler, he stepped out of line to grasp the hand he now claims to loathe and hung upon the words of the man he now says he thought unworthy of belief. Schacht says he steadily “sabotaged” the Hitler Government. Yet the most relentless secret service in the world never detected him doing the regime any harm until long after, he knew the war to be lost and the Nazis doomed. Schacht, who dealt in “hedges” all his life, always kept himself in a position to claim that he was in either camp. The plea for him is as specious on analysis as it is persuasive on first sight. Schacht represents the most dangerous and reprehensible type of opportunism -that of the man of influential position who is ready to join a movement that he knows to be wrong because he thinks it is winning.

These defendants, unable to deny that they were the men in the very highest ranks of power, and unable to deny that the crimes I have outlined actually happened, know that their own denials are incredible unless they can suggest someone who is guilty.

The defendants have been unanimous, when pressed, in shifting the blame on other men, sometimes on one and sometimes on another. But the names they have repeatedly picked are Hitler, Himmler, Heydrich, Goebbels and Bormann. All of these are dead or missing. No matter how hard we have pressed the defendants on the stand, they have never pointed the finger at a living man as guilty. It is a temptation to ponder the wondrous workings of a fate which has left only the guilty dead and only the innocent alive. It is almost too remarkable.

The chief villain on whom blame is placed -some of the defendants vie with each other in producing appropriate epithets -is Hitler. He is the man at whom nearly every defendant has pointed an accusing finger.

I shall not dissent from this consensus, nor do I deny that all these dead and missing men shared the guilt. In crimes so reprehensible that degrees of guilt have lost their significance they may have played the most evil parts. But their guilt cannot exculpate the defendants. Hitler did not carry all responsibility to the grave with him. All the guilt is not wrapped in Himmler’s shroud. It was these dead men whom these living chose to be their partners in this great conspiratorial brotherhood, and the crimes that they did together they must pay for one by one.

It may well be said that Hitler’s final crime was against the land he had ruled. He was a mad “messiah” who started the war without cause and prolonged it without reason. If he could not rule he cared not what happened to Germany. As Fritzsche has told us from the stand, Hitler tried to use the defeat of Germany for the self-destruction of the German people. He continued the fight when he knew it could not be won, and continuance meant only ruin.

Speer, in this courtroom, has described it as follows:

“… The sacrifices which were made on both sides after January, 1945, were senseless. The dead of this period will be the accusers of the man responsible for the continuation of that fight, Adolf Hitler, and the ruined cities which in this last phase lost tremendous cultural values and in which a colossal number of dwellings were destroyed …. The German people remained faithful to Adolf Hitler until the end. He betrayed them knowingly. He finally tried to throw them into the abyss ….”

Hitler ordered everyone else to fight to the last and then retreated into death by his own hand. But he left life as he lived it, a deceiver; he left the official report that he had died in battle. This was the man whom these defendants exalted to a Fuehrer. It was they who conspired to get him absolute authority over all of Germany. And in the end he and the system they had created for him brought the ruin of them all. As stated by Speer in cross-examination:

“… the tremendous danger of the totalitarian system, however, only became really clear at the moment when we were approaching the end. It was then that one could see what the principle really meant, namely, that every order should be carried out without criticism. Everything that has become known during this trial, especially with regard to orders which were carried out without any consideration, has proved how evil it .was in the end…. Quite apart from the personality of Hitler, on the collapse of the totalitarian system in Germany it became clear what tremendous dangers there are in a system of that kind. The combination of Hitler and this system has brought about these tremendous catastrophes in the world.”

But let me for a moment turn devil’s advocate. I admit that Hitler was the chief villain. But for the defendants to put all blame on him is neither manly nor true. We know that even the head of the State has the same limits to his senses and to the hours of his days as do lesser men. He must rely on others to be his eyes and ears as to most that goes on in a great empire. Other legs must run his errands; other hands must execute his plans.

On whom did Hitler rely for such things more than upon these men in the dock? Who led him to believe he had an invincible air armada if not Goering? Who kept disagreeable facts from him? Did not Goering forbid Field-Marshal Milch to warn Hitler that in his opinion Germany was not equal to the war upon Russia? Did not Goering, according to Speer, relieve General Galland of his air force command for speaking of the weaknesses and bungling of the air force? Who led Hitler, utterly untravelled himself, to believe in the indecision and timidity of democratic peoples if not Ribbentrop, von Neurath, and von Papen? Who fed his illusion of German invincibility if not Keitel, Jodl, Raeder, and Donitz? Who kept his hatred of the Jews inflamed more than Streicher and Rosenberg? Who would Hitler say deceived him about conditions in concentration camps if not Kaltenbrunner, even as he would deceive us? These men had access to Hitler and often could control the information that reached him and on which he must base his policy and his orders. They were the Praetorian Guard, and while they were under Caesar’s orders, Caesar was always in their hands.

If these dead men could take the witness stand and answer what has been said against them, we might have a less distorted picture of the parts played by these defendants. Imagine the stir that would occur in the dock if it should behold Adolf Hitler advancing to the witness box, or Himmler with an armful of dossiers, or Goebbels, or Bormann with the reports of his Party spies, or the murdered Roehm or Canaris. The ghoulish defence that the world is entitled to retribution only from the cadavers is an argument worthy of the crimes at which it is directed.

We have presented to this Tribunal an affirmative case based on incriminating documents which are sufficient, if unexplained, to require a finding of guilt on Count One against each defendant. In the final analysis, the only question is whether the defendants’ own testimony is to be credited as against the documents and other evidence of their guilt. What, then, is their testimony worth?

The fact is that the Nazi habit of economising in the use of truth pulls the foundations out from under their own defences. Lying has always been a highly approved Nazi technique. Hitler, in Mein Kampf, advocated mendacity as a policy. Von Ribbentrop admits the use of the “diplomatic lie”. Keitel advised that the facts of rearmament be kept secret so that they could be denied at Geneva. Raeder deceived about rebuilding the German Navy in violation of Versailles. Goering urged Ribbentrop to tell a “legal lie” to the British Foreign Office about the Anschluss, and in so doing only marshalled him the way he was going. Goering gave his word of honour to the Czechs and proceeded to break it. Even Speer proposed to deceive the French into revealing the specially trained among their prisoners.

Nor is the lie direct the only means of falsehood. They all speak with a Nazi double meaning with which to deceive the unwary. In the Nazi dictionary of sardonic euphemisms “Final solution” of the Jewish problem was a phrase which meant extermination; “Special treatment” of prisoners of war meant killing; “Protective custody” meant concentration camp; “Duty labour” meant slave labour; and an order to “take a firm attitude” or “take positive measures” meant to act with unrestrained savagery. Before we accept their word at what seems to be its face value, we must always look for hidden meanings. Goering assured us, on his oath, that the Reich Defence Council never met “as such”. When we produced the stenographic minutes of a meeting at which he presided and did most of the talking, he reminded us of the “as such” and explained this was not a meeting of the Council “as such” because other persons were present. Goering denies “threatening” Czechoslovakia. He only told President Hacha that he would “hate to bomb the beautiful city of Prague”.

Besides outright false statements and those with double meanings, there are also other circumventions of truth in the nature of fantastic explanations and absurd professions. Streicher has solemnly maintained that his only thought with respect to the Jews was to resettle them on the island of Madagascar. His reason for destroying synagogues, he blandly said, was only because they were architecturally offensive. Rosenberg was stated by his counsel to have always had in mind a “chivalrous solution” to the Jewish problem. When it was necessary to remove Schuschnigg after the Anschluss, Ribbentrop would have had us believe that the Austrian Chancellor was resting at a “villa”. It was left to cross-examination to reveal that the “villa” was Buchenwald concentration camp. The record is full of other examples of dissimulations and evasions. Even Schacht showed that he, too, had adopted the Nazi attitude that truth is any story which succeeds. Confronted on cross-examination with a long record of broken vows and false words, he declared in justification -and I quote from the record:

“I think you can score many more successes when you want to lead someone if you don’t tell them the truth than if you tell them the truth.”

This was the philosophy of the National Socialists. When for years they have deceived the world, and masked falsehood with plausibilities, can anyone be surprised that they continue that habit of a lifetime in this dock? Credibility is one of the main issues of this trial. Only those who have failed to learn the bitter lessons of the last decade can doubt that men who have always played on the unsuspecting credulity of generous opponents would not hesitate to do the same now.

It is against such a background that these defendants now ask this Tribunal to say that they are not guilty of planning, executing, or conspiring to commit this long list of crimes and wrongs. They stand before the record of this trial as bloodstained Gloucester stood by the body of his slain King. He begged of the widow, as they beg of you: “Say I slew them not.” And the Queen replied, “Then say they were not slain. But dead they are ….” If you were to say of these men that they are not guilty, it would be as true to say that there has been no war, there are no slain, there has been no crime.

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Lies, Lawsuits, Threat of Domestic Terrorism and the 25th Amendment: Vice President Pence, Have You no Decency?

Trump, Bannon, Gosar, and the absent Pence

Friends of Padre Steve’s World,

If Vice President Mike Pence had any decency, sense of right or wrong, or any hint that he was a Christian other than going to church and occasionally speaking in pious platitudes, he would invoke the 25th Amendment and with a majority of the Cabinet remove President Trump from office. It is the only way left for him to salvage any honor he has left and maybe save the country from bloodshed in the process. Unfortunately, I do not think that he has the moral courage to do so.

I say that because of the immense destructive potential remaining in Donald Trump. In addition to unleashing unsubstantiated lawsuits in states where the vote count is not yet final, he conducted a Press Conference in which he uttered so many lies and demonstrated falsehoods about the election that it was unreal. During it he also appeared to be urging his followers to violence.

Adding to that was his former 2016 campaign advisor and former White House Chief Strategist, Steve Bannon calling for the beheading of Dr. Anthony Fauci and FBI Director Christopher Wray, followed by putting their heads on pikes for public display. Bannon’s allegation was that they were traitors and deserved it.

Added to that was another conspiracy theory promoted by Trump, that of “Sharpiegate” which sent a mob to the Maricopa County vote counting center in Phoenix. Leading the charge was a Republican Arizona Congressman, Paul Goslar.

I am sorry but all of this is criminal behavior that President Trump is actively engaging.

When a President engages in such behavior it is an impeachable offense. Of course that will not happen right now, but Mitch McConnell and others need to push Vice President Pence to fulfill his duties under the Constitution. President Trump is incapable of leading the country in any crisis, and is leading the country to disaster. Today we had another 118,000 new infections of COVID-19 and over 1,100 deaths, we are close to 10 million infections, while many states are running out of ICU beds, hospital beds in general, and the doctors, nurses, clinicians and technicians. As for the President he ignores it, urges people to act in contradictory ways than anything that would protect them and speaks as if the virus will mysteriously just disappear. He is responsible for the deaths of 240,000 Americans. That my friends is criminal negligence or worse, I think crimes against humanity would be appropriate.

But enough is enough. It is time for this malfeasance to end. Right now Vice President Pence has it in his power to make it end. He is the only person who could legally do that right now. Unfortunately, he doesn’t have the moral courage to do it, nor does he have the character to do it.

So until whenever,

Peace,

Padre Steve+

 

 

 

 

 

 

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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+

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COVID19 Deniers and Enablers: Trump, His Cult and the Commission of Crimes Against Humanity

Friends of Padre Steve’s World,

I hate having to write this, especially because the deliberate lies and intentional malfeasance of government officials, and their enablers who have allowed as of yesterday over 164,000 of their own citizens die from a deadly virus. That virus, the Coronavirus 19, while highly contagious and dangerous could have been contained with far less loss of life, economic carnage, and social disruption than the Cult built around President Donald Trump has saddled us with.

The cost to date: over 164,000 dead, over Five Million infected, of whom some 2.3 Million are still infected, about 1-2% are in serious or critical condition. Since 6% of the closed cases, that is known cases with some manner or level of recovery and deaths resulted in death, a statistic which is consistent with the world’s death rate, we can probably expect that of the 2.3 Million currently infected, that somewhere around 138,000 will die, not including those infected after I write this.

Of course that number could be lower or higher, but that really depends on how overwhelmed hospitals, especially rural or community hospitals which have very limited and critical care or ICU capacity are hit. If one looks at the statistics at the county level in predominantly rural states, this is worse than the major medical centers in the major cities and metropolitan centers of those same states being so overwhelmed by cases and deaths that they need refrigerated cargo trailers to put the bodies of the COVID19 dead that won’t fit in their morgues

But I have to ask: How can it be that a Modern, highly technological society with some of the most advanced medical centers, physicians and research institutions be the hardest hit country in the world by the Coronavirus 19? It is a fair question because we only have about 4.25% of the world’s population but have over 25% of the total number of infections, and just under 25% of the total deaths in the world. Add to this that we have a natural defensive barrier of two oceans to keep infected people out of the country.

But let us assume that better protocols and drugs that lower the death rate to one or two percent the deaths of those infected as of today would be 23,000 to 46,000 deaths. But that does not count the people being infected at 50,000 to 70,000 a day, before we reopen schools, which in states like Georgia are being reopened without social distancing or any requirement for masks. Sadly, despite the factual inaccuracy of President Trump’s statements that children and young people don’t get the virus, they do. Some die, but they spread the virus to teachers, cafeteria workers, administrators, parents, siblings, grandparents, aunts, uncles, cousins, and neighbors. This is a game changer, because when we shut down schools we limited the spread of the virus. The same thing happened when we made a decision to lock everything down until certain criteria of infection rates, deaths and those hospitalized went down.

Unfortunately, when President Trump gave states the opportunity to reopen businesses, restaurants, entertainment venues they did so, many under the pressure of the administration, opened before any of their states had met the Center for Disease metrics for reopening. Since then, the virus has grown exponentially. The current and gold standard models for COVID19 related deaths, that of the University of Washington project that at current rates with no changes that by 1 December 2020, that if things remain as they are we will have almost 300,000 deaths,  if restrictions are eased that number rises to almost 500,000, but if they are strengthen by law that number could fall to 230,000 if every swinging Richard and Mulva wears their face masks. Of course the latter will never happen and even if an effective vaccine is developed and fielded in the requisite numbers, the dumb-ass anti-vaxers and their political, propaganda and religious allies will do all that they can to ensure that as few people get it as they can. If the religious among them claim to be pro-life, then they are liars, because once a baby leave the womb they don’t care if it lives or dies, and that is the brutal truth.

Now I admit that the charge of Crimes Against Humanity as currently defined by the U.N., the Treaty of Rome, and the Nuremberg and Tokyo International War Crimes Tribunals never anticipated any government acting in am manner to ensure the maximum number of its citizens are infected and killed by a virus that they though their willing negligence and malfeasance of their government were killed. Maybe it is time to amend international law to include such actions as crimes against humanity, and maybe it is time for the leaders of the United States to follow in word and deed what Associate Supreme Court Justice Robert Jackson when the charges against the Nazi War Criminals were developed before Nuremberg:

Sadly, there are now many Trump supporters, who claim that yes their is a pandemic, but that the numbers of deaths and infections are inflated. When you get to the hear of their arguments they are in substance no different than Holocaust Deniers. For such people are quite willing to sacrifice the lives those of less value than themselves, the elderly, the disabled, racial, ethnic, and religious minorities, and Non-white immigrants, and yes, that includes pregnant mothers just to prove their point and say that their supposed freedom matters more than the lives of others.

As such they are no different than Joseph Stalin who said: “The death of one man is tragic, but the death of thousands is statistic.” 

Sadly the vast majority of Trump supporters who deny the evidence, make light of the deaths, and argue that certain lives are worth more than others prove their agreement with the Soviet Dictator. I say the hell with them and any other participant or bystander when human rights are being steamrolled, the Constitution being trampled, and the greatest commandments of the Jewish and Christian Religions are upended by their supposed defenders.

The German martyr Dietrich Bonhoeffer wrote:

“Christianity stands or falls with its revolutionary protest against violence, arbitrariness and pride of power and with its plea for the weak. Christians are doing too little to make these points clear rather than too much. Christendom adjusts itself far too easily to the worship of power. Christians should give more offense, shock the world far more, than they are doing now. Christian should take a stronger stand in favor of the weak rather than considering first the possible right of the strong.”

He also said:

“If I sit next to a madman as he drives a car into a group of innocent bystanders, I can’t, as a Christian, simply wait for the catastrophe, then comfort the wounded and bury the dead. I must try to wrestle the steering wheel out of the hands of the driver.”


Another, Major General Henning Von Tresckow said: We have to show the world that not all of us are like him. Otherwise, this will always be Hitler’s Germany.”

General Ludwig Beck said: “Final decisions about the nation’s existence are at stake here; history will incriminate these leaders with bloodguilt if they do not act in accordance with their specialist political knowledge and conscience. Their soldierly obedience reaches its limit when their knowledge, their conscience, and their responsibility forbid carrying out an order.”


Sophie Scholl
a twenty-two year old student at the University of Munich and a leader of the anti-Nazi White Rose Resistance movement wrote:

The real damage is done by those millions who want to ‘survive.’ The honest men who just want to be left in peace. Those who don’t want their little lives disturbed by anything bigger than themselves. Those with no sides and no causes. Those who won’t take measure of their own strength, for fear of antagonizing their own weakness. Those who don’t like to make waves—or enemies. Those for whom freedom, honour, truth, and principles are only literature. Those who live small, mate small, die small. It’s the reductionist approach to life: if you keep it small, you’ll keep it under control. If you don’t make any noise, the bogeyman won’t find you. But it’s all an illusion, because they die too, those people who roll up their spirits into tiny little balls so as to be safe. Safe?! From what? Life is always on the edge of death; narrow streets lead to the same place as wide avenues, and a little candle burns itself out just like a flaming torch does. I choose my own way to burn.”

And finally, the words of  the leader of the Protestant Reformation, Martin Luther: “Unless I am convicted by scripture and plain reason – I do not accept the authority of the popes and councils, for they have contradicted each other – my conscience is captive to the Word of God. I cannot and I will not recant anything for to go against conscience is neither right nor safe. God help me. Amen.”It is legend that Luther said the words “Here I stand. I cannot do otherwise. God help me.”

That being said, Luther’s, Scholl’s, Beck’s, Von Tresckow’s and Bonhoeffer’s words are my words today, both in reference to the Constitution and my vows as a Christian, Deacon, and Priest.

So until tomorrow.

Peace,

Padre Steve+

 

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The Film that Shocked the World: Nazi Concentration Camps From Nuremberg

Friends of Padre Steve’s World,

Friends of Padre Steve’s World,


Instead of writing much tonight I am posting a video compiled by American and British personnel as they liberated Nazi Concentration Camps in Germany. The images even though shot in black and white are still nearly 75 years after it was shown in the Nuremberg Palace of Justice on 29 November 1945, just a week into the trial the Allied Prosecutors led by Associate U.S. Supreme Court Justice, Robert H. Jackson introduced it into evidence.

The UPI report of the day’s testimony and the film described the scene:

NUREMBERG, Nov. 29, 1945 (UP) – A tense audience at the war crimes trial watched for 52 horror-packed minutes today a 6,000-foot American Army film baring conditions at Nazi concentration camps. The prosecution charged that the camps were an instrument of policy of German leaders, including the 20 men on trial in the courtroom, in their drive for power.

In an almost deathlike silence the defendants, silhouetted in the dark courtroom by fluorescent lamps so that their guards could watch them, stared fascinated, bowed their heads low or mopped their faces as the show proceeded.

One, Hjalmar Schacht, kept his back turned throughout. Another, Polish Overlord Hans Frank, one of the most infamous mass murderers in world history, got sick.

American Sidney S. Alderman had closed the case on the German seizure of Austria, denouncing Reichsmarshal Hermann Goering, Austrian traitor Arthur Seyss-Inquart, Baron Franz von Papen and former Foreign Minister Baron Constantin von Neurath as the arch-plotters – “sly bullies wearing sanctimonious masks to cover their duplicity.”

High spots included a telephone talk in which Goering dictated to Seyss-Inquart a request which Seyss-Inquart was to make that German troops be sent into Austria; a telephone talk in which Adolf Hitler said he would “never, never forget” Benito Mussolini for co-operating and a 41-minute call by Goering to former Foreign Minister Joachim von Ribbentrop, then Ambassador in London, describing how “the birds are twittering here” in Berchtesgaden the day after the German invasion.

Court recessed at 3:15 so the movie screen could be made ready. At 3:35 the lights suddenly went out. At the same instant lights set around the prisoners’ dock rail flashed on to light the defendants. Reinforcements of American M.P.’s filed silently into the room to join the white-helmeted guards around the dock.

American Prosecutor Thomas Dodd rose.

“We will now show what concentration camps mean,” he said. “… the camps were not an end in themselves but an integral part of the Nazi system of government. We intend to prove that each defendant knew of the camps and that the camps were instruments by which the defendants retained power. They used the camps to prepare aggressive war.”

At 3:50 the film started grinding. The 6,000 feet shown were selected from 80,000 feet.

First came Leipzig – shots of bodies, burned to a crisp, of men and women who had tried to flee barracks the Nazis set afire and were mowed down by machine-gun fire.

Goering leaned forward in his seat, staring. Rudolf Hess snapped upright, betraying intelligent interest for the first time since the trial started, and whispered to Goering on his right and Ribbentrop on his left.

The camera eye moved slowly over the heaps of burned bodies. War correspondents had seen them before they were piled up – fingers dug into the earth in agony.

Col. Gen. Alfred Jodi put on dark glasses. Field Marshal Wilhelm Keitel bent stiffly forward.

The film flashed to Hamadar, which the Germans called the shudder house.

Papen lowered his head and covered his face with a handkerchief.

The film went on to Northausen, which the American 3rd Armored and 104th Infantry divisions liberated. It showed 2,500 bodies stacked beside a bombed building.

Schacht, his owl-like glasses reflecting the light in the prisoners’ dock, remained rigidly facing the audience, turned away from the screen.

German civilians, carrying bodies to mass graves under the guns of American troops, passed on the screen.

Grand-Adm. Karl Doenitz leaned heavily over the side of the dock as if he had taken all he could. Keitel took off his glasses, mopped his sweating face and lowered his head.

Next came Buchenwald, one of the worst of all. The film showed German civilians marching past a display of lamp shades, picture frames, plaques and bookmarks made of the skin of murdered men. The wife of the S.S. camp commandant had selected the victims.

Hess still watched, intensified. Julius Streicher stared with a deadpan face. Ribbentrop still had his eyes to the floor.

Then came Mauthausen, notorious Dachau, one of the earliest, greatest and most dreadful, and Belsen, where bodies were piled so high British bulldozers had to push them int o mass graves.

The film ended and the lights went on. For long moments the entire audience sat as if transfixed. Goering did not move his eyes from the screen until court adjourned one minute later. Schacht stood up and his lawyer said that he had nothing to do with the camps – in fact, would tell the court that he spent seven months at Dachau himself.

The film is real, and there was much more like it; in fact the Soviets would show a film from the death camps they liberated just two months later. But for now I will leave you with the film that shocked the world, and forever turned the tide against the Nazi Major War Criminals.

Please don’t believe that such events could happen in any country in the World, including Trump’s America. Please watch all of it, even if it sickens you as it should. Please don’t believe anything Trump says regarding race, ethnicity, religion, political opponents, the free press, and his deliberate falsification or anything that might embarrass him, because in each case he is telling his alternate version of the truth which acquits him and blames his victims.
As of today he has been responsible for decisions that have claimed the lives of over 160,000 American and infected over Five million Americans with the Coronavirus 19 virus and a pandemic that has made a nation with just 4.25% of the Worlds population, which supposedly had the best in medical, scientific and research programs to stop pandemics to the worst for a nation supposedly so well educated, prepared, and ready for a pandemic.

But instead of a President dedicated to telling the truth, backing the facts of science and medicine, we have a man who only speaks for himself and those who will not turn on him. 162,000 dead, and over Five Million infected Americans testify against him

Yet, unlike the President I will tell the truth because I am bound by my oath to the Constitution, and my vows as a priest.

With that I leave you for tonight. I do need get some sleep.

I report, you decide.

Peace,

Padre Steve+

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Trump, COVID19, Authoritarianism Against Truth and Freedom

Friends of Padre Steve’s World,

With every death from COVID19 and every lie, distortion, or amazing conspiracy theory about it, promoted by the President and his advisors I grow more and more frustrated and angry. I have gone from the point of simply disliking the man and those who tell whoppers of lies in his defense that I want them to die, the same kind of slow and painful deaths that he and his administration Have allowed to happen to almost 154,000 Americans. I hate them because of their violence and racism, that tries to masquerade itself under the banner of Christianity. That is an affront to me as a Christian and as a Christian I have to ask like Major General Henning Von Tresckow, a key planner of the attempt to kill Hitler on July 20th 1944 who died in that attempt: “I cannot understand how people can still call themselves Christians and not be furious adversaries of Hitler’s regime.” However, I would change it to Trump’s Regime. I hate them because they dispatch the equivalents of the Nazi Einsatzgruppen to American cities, uninvited by local or state governments to conduct brutal operations against protestors who until attacked had been peaceful, even kidnapping people off of the street out of their legal area of operations in rented vehicles.

I could go on and on and on, but the actions, lies, and violence of this administration against American citizens and immigrants, those here on valid entry visas, or those fleeing violent regimes and dictatorial regimes South of our border, including exposing them to COVID19 in confinement at the border and sending them back, sick or infected to their countries of origin to die or to infect others. Such actions would have been classed as Crimes against Humanity at Nuremberg.

I am angry because I am seeing my President defying the defying his oath and subverting the Constitution, and pissing on the ideals of the declaration as he allies himself with enemies abroad like Vladimir Putin, and at home with White Nationalists, Neo-Nazis, and Neo-Confederates. In other words he is putting the national security of the United States in danger against foreign enemies, but also deploying the police power of the State against his domestic political opponents, often in the most unabashedly racist ways possible.

Unfortunately, few in his party leadership dare oppose him because they are afraid if his often heavily armed and dangerous cult followers, people willing to attack state capital buildings and legislators to fight against political opponents of Trump who support science and public health in terms of COVID19 and those who oppose his overtly racist policies which harken back to Jim Crow. I fully expect that in the next few months leading to the November election that Trump and his cult, including the Attorney General, and Acting Secretary of the Department of Homeland Security will do all that they can to take complete control even if it leads to the deaths of hundreds of thousands of Americans.

The President is a malignant narcissistic sociopath and he will stop at nothing because only he matters.

I do hope and pray for the best but now I expect the worst, because our President, his closest advisors, and his loyal cult followers see him as their messiah, though he is an Anti-Christ figure if one ever existed in American politics.

Dietrich Bonhoeffer, who was murdered on the person order of Hitler wrote:

“Christianity stands or falls with its revolutionary protest against violence, arbitrariness, and pride of power, and with its plea for the weak. Christians are doing too little to make these points clear … Christendom adjusts itself far too easily to the worship of power. Christians should give more offense, shock the world far more, than they are doing now.“ 

He also wrote:

“We must finally stop appealing to theology to justify our reserved silence about what the state is doing — for that is nothing but fear. ‘Open your mouth for the one who is voiceless’ — for who in the church today still remembers that that is the least of the Bible’s demands in times such as these?”

For me this is not about politics, though politics has to be included. It is about an Oath of a Military Officer that I took to Our Constitution over 37 years ago, and my faith which does not deny the rights I have to others based on their skin color, race, ethnicity, religion, gender, or anything else.

Another German Officer who died on July 20th 1944 was General Ludwig Beck, who resigned his post as the head of the German Army over Hitler’s planed invasion of Czechoslovakia in 1938. He remained connected to the German resistance and wrote something that I fully believe that all military officers, or government officials who swear an oath to the Constitution must fully understand and live by, or die as traitors and hypocrites.

“It is a lack of character and insight, when a soldier in high command sees hisduty and mission only in the context of his military orders without realizing that the highest responsibility is to the people of his country.”

Beck also said: Final Decisions about the nation’s existence are at stake here; history will not acquit these leaders with blood guilt if they do not act according to their specialist and political knowledge and conscience. Their soldierly obedience ends when their knowledge, their conscience, and their responsibility forbid them from carrying out an order.”

I finally finished my book Mine Eyes Have Seen They Glory! Racism, Religion, Ideology, and Politics in the Civil War Era until Today, and Why They Matter Now. In researching and writing it I have become radicalized about fighting for those words in the Declaration of Independence: “We hold these truths to be self evident, that all men are created equal and endowed with certain unalienable rights, among them life, liberty, and the pursuit of happiness.”

While the founders of the country knew that be preserving slavery that they were being hypocrites, the fact of the matter that this phrase is always to be interpreted in an ever expanding manner until it is true for every human being. In that same declaration, those writers and editors also noted: A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”

I cannot think of an American President who these were more pertinent to, then  Donald Trump. He is the man who Alexander Hamilton warned us in his words and in the Federalist Papers.

“Of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people, commencing demagogues and ending tyrants.”

These are harrowing times, and if we are to retain our freedom and liberty for all Americans, and defend their rights to life, liberty, and the pursuit of happiness we cannot allow ourselves to be bystanders in the face of evil by hiding behind our theology, ideology, or some grotesque imagination of what patriotism means. Judge Learned Hand, one of the most brilliant judges in American history never to sit on the Supreme Court spoke at a swearing in of thousands of new citizens before a crowd of over a million and a half people in New York’s Central Park two weeks before D-Day. His words then are as true today as when he first spoke them:

What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check their freedom soon becomes a society where freedom is the possession of only a savage few — as we have learned to our sorrow.

What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest.”

But the President does not believe any of this. As historian Timothy Snyder wrote in his little book On Tyranny wrote:

“The president is a nationalist, which is not at all the same thing as a patriot. A nationalist encourages us to be our worst, and then tells us that we are the best. A nationalist, “although endlessly brooding on power, victory, defeat, revenge,” wrote Orwell, tends to be “uninterested in what happens in the real world.” Nationalism is relativist, since the only truth is the resentment we feel when we contemplate others. As the novelist Danilo Kiš put it, nationalism “has no universal values, aesthetic or ethical.” A patriot, by contrast, wants the nation to live up to its ideals, which means asking us to be our best selves. A patriot must be concerned with the real world, which is the only place where his country can be loved and sustained. A patriot has universal values, standards by which he judges his nation, always wishing it well—and wishing that it would do better.”

So I leave you with that. This is not a joke, it is an existential matter for us as individuals and a nation.

Until Tomorrow,

Peace,

Padre Steve+

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

Friends of Padre Steve’s World,

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

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

Who were they?

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

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

we have a lot to learn from the past.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Columns of Jews march past a corpse in Kiev

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

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

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

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

 

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

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

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

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

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

Jews at Babi Yar waiting to be murdered

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

They thought they were just being relocated.              

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

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

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

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

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

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

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

He continued with some pride during cross examination:

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

But the bodies…

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

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

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

          The Tower of Faces at the United States Holocaust Museum 

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

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

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

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

               Wehrmacht Troops Pose With Jews that They Hanged 

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

Until tomorrow,

Peace,

Padre Steve+

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“If You Are to Say that They ARe Not Guilty” Reflecting on theNuremberg Defendants and the Trump Administration

Friends of Padre Steve’s World,

This is the final installment of my introduction and comments regarding Supreme Court Justice and Chief American Prosecutor Robert Jackson’s closing arguments at Nuremberg.

In this final segment of his closing arguments, Jackson confronted the impossibility of a cabal of the most powerful members of the Nazi Party, the German Government, its Military, and Police organizations, the men closest to Adolf Hitler and the center of power in Germany who by their testimony knew nothing of what was going on in the country.

When one reads the transcripts of the trials as I am continuing to do in between reading other books, including one about the Tokyo War Crimes Trials, the defendants universal defense was that they knew nothing, or had learned of the Nazi crimes for the first time during the trial.

What is remarkable is that for every denial there was documented evidence to the contrary, that each in their own way were willing participants in the Nazi crimes. While they pointed fingers at the dead, like Joseph Goebbels, Heinrich Himmler, Reinhard Heydrich, or unaccounted for like Martin Bormann, and on occasion the other defendants in the dock, each attempted to cover his tracks with lies and deception. Even Albert Speer, who was the only one of the defendants to openly admit his guilt during the trial engaged in deception.

The lies of these men and their brutal exposure before the watching world should serve as a warning to the leaders of nations, especially the nations which prosecuted these men, the foremost being the United States of America. Before the trial in the London agreement, Jackson noted:

“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.

I have served and continue to serve the United States, but my oath to the Constitution demands that I be intellectually honest and forthright in stating that the United States has not lived up to its founding principles or the words of Justice Jackson. During the Cold War the United States engaged in overthrowing foreign governments and replacing them with dictators more inclined to do our bidding, engineered the pretext to allow massive U. S. Military intervention in Vietnam, and after the Cold War used the real pretext of the terrorism of the 9-11-2001 attacks to invade Iraq, a country that was not involved. The list could go on and on, but because of the protections of the First Amendment, a free press has been able to expose many of those lies, even as the beast of corporate media egged on war like the Yellow Journalism of William Randolph Hearst during the run up to the Spanish American War.

Every government in every nation has engaged in some amount of lying to increase its power, influence, or to cover its malfeasance. The United States is not blameless, but too often Americans, ignorant or history, and the Constitution revel in the myth of American Exceptionalism to justify actions against other nations that do the same, that we have gone to war to confront or prosecuted as war criminals for doing. In fact, some of the Nazis in the dock at Nuremberg defended their actions by citing American history: Slavery, Jim Crow, the extermination of the Native American tribes, the American practice of eugenics, and medical experiments on racial minorities or the mentally ill, and the incarceration of Japanese Americans following Pearl Harbor to justify and defend their crimes, even as they denied their culpability for their crimes.

The Nazis in the dock at Nuremberg included true believers as well as opportunists. The were willing members of a regime founded upon lies. In defeat and on trial they would all repeat those lies, and add to them. Unfortunately, the current American President and his administration seem to be playing the same game with truth as the Nazis did. Hannah Arendt wrote:

“Before mass leaders seize the power to fit reality to their lies, their propaganda is marked by its extreme contempt for facts as such, for in their opinion fact depends entirely on the power of man who can fabricate it.”

Truth and integrity are not fungible assets that one can abandon without consequences. Germany is still hampered in international relations as well as domestic politics by what the Nazis did. The shadows of the Nazi past still enshroud Germans who are two or three generations removed from the Nazi past. The great ethicist Sissela Bok wrote:

“Trust and integrity are precious resources, easily squandered, hard to regain. They can thrive only on a foundation of respect for veracity.” 

As I watch the American President and his consigliere’s of criminal corruption be exposed for what they are by a still free press, and a relentlessly honest special prosecutor, I am reminded of how Robert Jackson and the team of Allied prosecutors used the words and documents of the Nazis themselves to indict and convict them.

With that I give you Robert Jackson’s masterful dissection of the Nazis in the dock at Nuremberg’s Palace of Justice. Something that we should pay close attention to as we follow the nefarious antics of President Trump and his corrupt administration and cult-like followers. What is interesting about the Nuremberg defendants were that some were true believers, while others were opportunists trying to advance their careers, even knowing the cause was evil and often criminal. The latter were probably more like many people nowadays, they just look the other way while trying to take advantage of any opportunity given to them.

Next month I will begin writing about the Japanese War Criminals and their crimes, but I will write about something else tomorrow.

Until tomorrow,

Peace,

Padre Steve+

Record of Proceedings: July 26, 1946, continued:

Rudolf Hess

The zealot Hess, before succumbing to wanderlust, was the engineer tending the Party machinery, passing orders and propaganda down to the Leadership Corps, supervising every aspect of Party activities, and maintaining the organization as a loyal and ready instrument of power.

Joachim von Ribbentrop

When apprehensions abroad threatened the success of the Nazi regime for conquest, it was the double-dealing Ribbentrop, the salesman of deception, who was detailed to pour wine on the troubled waters of suspicion by preaching the gospel of limited and peaceful intentions.

Wilhelm Keitel

Keitel, the weak and willing tool, delivered the armed forces, the instrument of aggression, over to the Party and directed them in executing its felonious designs.

Ernst Kaltenbrunner

Kaltenbrunner, the grand inquisitor, assumed the bloody mantle of Heydrich to stifle opposition and terrorise into compliance, and buttressed the power of National Socialism on a foundation of guiltless corpses.

Alfred Rosenberg

It was Rosenberg, the intellectual high priest of the “master race”, who provided the doctrine of hatred which gave the impetus for the annihilation of Jewry, and who put his infidel theories into practice against the Eastern occupied territories. His woolly philosophy also added boredom to the long list of Nazi atrocities.

Hans Frank

The fanatical Frank, who solidified Nazi control by establishing the new order of authority without law, so that the will of the Party was the only test of legality, proceeded to export his lawlessness to Poland, which he governed with the lash of Caesar and whose population he reduced to sorrowing remnants.

Wilhelm Frick

Frick, the ruthless organiser, helped the Party to seize power, supervised the police agencies to ensure that it stayed in power, and chained the economy of Bohemia and Moravia to the German war machine.

Julius Streicher

Streicher, the venomous vulgarian, manufactured and distributed obscene racial libels which incited the populace to accept and assist the progressively savage operations of “race purification”.

Walter Funk

As Minister of Economics Funk accelerated the pace of rearmament, and as Reichsbank president banked for the SS the gold teeth-fillings of concentration camp victims -probably the most ghoulish collateral in banking history.

Hjalmar Schacht

It was Schacht, the facade of starched respectability, who in the early days provided the window-dressing, the bait for the hesitant, and whose wizardry later made it possible for Hitler to finance the colossal rearmament programme, and to do it secretly.

Karl Dönitz

Donitz, Hitler’s legatee of defeat, promoted the success of the Nazi aggressions by instructing his pack of submarine killers to conduct warfare at sea with the illegal ferocity of the jungle.

Erich Raeder

Raeder, the political admiral, stealthily built up the German Navy in defiance of the Versailles Treaty, and then put it to use in a series of aggressions which he had taken a leading part in planning.

Baldur von Schirach

Von Schirach, poisoner of a generation, initiated the German youth in Nazi doctrine, trained them in legions for service in the SS and Wehrmacht, and delivered them up to the Party as fanatic, unquestioning executors of its will.

Fritz Sauckel

Sauckel, the greatest and cruellest slaver since the Pharaohs of Egypt, produced desperately needed manpower by driving foreign peoples into the land of bondage on a scale unknown even in the ancient days of tyranny in the kingdom of the Nile.

Alfred Jodl

Jodl, betrayer of the traditions of his profession, led the Wehrmacht in violating its own code of military honour in order to carry out the barbarous aims of Nazi policy.

Franz von Papen

Von Papen, pious agent of an infidel regime, held the stirrup while Hitler vaulted into the saddle, lubricated the Austrian annexation, and devoted his diplomatic cunning to the service of Nazi objectives abroad.

Arthur Seyess-Inquart

Seyss-Inquart, spearhead of the Austrian fifth column, took over the government of his own country only to make a present of it to Hitler, and then, moving north, brought terror and oppression to the Netherlands and pillaged its economy for the benefit of the German juggernaut.

Konstantin von Neurath

Von Neurath, the old-school diplomat, who cast the pearls of his experience before the Nazis, guided Nazi diplomacy in the early years, soothed the fears of prospective victims, and as Reich Protector of Bohemia and Moravia strengthened the German position for the coming attack on Poland.

Albert Speer

Speer, as Minister of Armaments and Production, joined in planning and executing the programme to dragoon prisoners of war and foreign workers into German war industries, which waxed in output while the labourers waned in starvation.

Hans Fritzsche

Fritzsche, radio propaganda chief, by manipulation of the truth goaded German public opinion into frenzied support of the regime, and anaesthetised the independent judgement of the population so that they did their masters’ bidding without question.

Martin Bormann

Bormann, who has not accepted our invitation to this reunion, sat at the throttle of the vast and powerful engine of the Party, guiding it in the ruthless execution of Nazi policies, from the scourging of the Christian Church to the lynching of captive Allied airmen.

The activities of all these defendants, despite their varied backgrounds and talents, were joined with the efforts of other conspirators not now in the. dock, who played still other essential roles: They blend together into one consistent and militant pattern animated by a common objective to reshape the map of Europe by force of arms. Some of these defendants were ardent members of the Nazi movement from its birth. Others, less fanatical, joined the common enterprise later, after success had made participation attractive by the promise of rewards. This group of latter-day converts remedied a crucial defect in the ranks of the original true believers, for as Dr. Siemers has pointed out in his summation:

“… There were no specialists among the National Socialists for the particular tasks. Most of the National Socialist collaborators did not previously follow a trade requiring technical education.”

It was the fatal weakness of the early Nazi band that it lacked technical competence. It could not from among its own ranks make up a government capable of carrying out all the projects necessary to realize its aims. Therein lies the special crime and betrayal of men like Schacht and von Neurath, Speer and von Papen, Raeder and Donitz, Keitel and Jodl. It is doubtful whether the Nazi master plan could have succeeded without their specialized intelligence which they so willingly put at its command. They did so with knowledge of its announced aims and methods, and continued their services after practice had confirmed the direction in which they were tending. Their superiority to the average run of Nazi mediocrity is not their excuse. It is their condemnation.

The dominant fact which stands out from all the thousands of pages of the record of this trial is that the central crime of the whole group of Nazi crimes -the attack on the peace of the world -was clearly and deliberately planned. The beginning of these wars of aggression was not an unprepared and spontaneous springing to arms by a population excited by some current indignation. A week before the invasion of Poland Hitler told his military commanders:

“I shall give a propagandist cause for starting war -never mind whether it be plausible or not. The victor shall not be asked later on whether we told the truth or not. In starting and making a war, it is not the right that matters, but victory.”

The propagandist incident was duly provided by dressing concentration camp inmates in Polish uniforms, in order to create the appearance of a Polish attack on a German frontier radio station. The plan to occupy Belgium, Holland, and Luxembourg first appeared as early as August, 1938, in connection with the plan for attack on Czechoslovakia. The intention to attack became a programme in May, 1939, when Hitler told his commanders that:

“The Dutch and Belgian air bases must be occupied by armed forces. Declarations of neutrality must be ignored.”

Thus, the follow-up wars were planned before the first was launched. These were the most carefully plotted wars in all history. Scarcely a step in their terrifying succession and progress failed to move according to the master blueprint or the subsidiary schedules and timetables until long after the crimes of aggression were consummated. Nor were the war crimes and the crimes against humanity unplanned, isolated or spontaneous offences. Apart from our undeniable evidence of their plotting, it is sufficient to ask whether six million people could be separated from the population of several nations on the basis of their blood and birth, could be destroyed and their bodies disposed of, unless the operation had fitted into the general scheme of government. Could the enslavement of five millions of labourers, their impressment into service, their transportation to Germany, their allocation to work where they would be most useful, their maintenance, if slow starvation can be called maintenance, and their guarding have been accomplished if it did not fit into the common plan? Could hundreds of concentration camps located throughout Germany, built to accommodate hundreds of thousands of victims, and each requiring labour and materials for construction, manpower to operate and supervise, and close gearing into the economy -could such efforts have been expended under German autocracy if they had not suited the plan? Has the Teutonic passion for organization suddenly become famous for its toleration of non-conforming activity? Each part of the plan fitted into every other. The slave labour programme meshed with the needs of industry and agriculture, and these in turn synchronised with the military machine. The elaborate propaganda apparatus geared with the programme to dominate the people and incite them to a war which their sons would have to fight. The armament industries were fed by the concentration camps. The concentration camps were fed by the Gestapo. The Gestapo was fed by the spy system of the Nazi Party. Nothing was permitted under the Nazi iron rule that was not in accordance with the programme.

Everything of consequence that took place in this regimented society was but a manifestation of a premeditated and unfolding purpose to secure the Nazi State a place in the sun by casting all others into darkness.

COMMON DEFENCES AGAINST THE CHARGE OF COMMON RESPONSIBILITY

The defendants meet this overwhelming case, some by admitting a limited, responsibility, some by putting the blame on others, and some by taking the position, in effect, that while there have been enormous crimes there are no criminals. Time will not permit me to examine each individual and particular defence, but there are certain lines of defence common to so many cases that they deserve some consideration.

Counsel for many of the defendants seek to dismiss the charge of a common plan or conspiracy on the ground that the pattern of the Nazi plan does not fit into the concept of conspiracy applicable in German law to the plotting of a highway robbery or a burglary. Their concept of conspiracy is in the terms of a stealthy meeting in the dead of night, in a secluded hide-out, in which a group of felons plot every detail of a specific crime. The Charter forestalls resort to such parochial and narrow concepts of conspiracy taken from local law by using the additional and non-technical term, “common plan”. Omitting entirely the alternative term of “conspiracy”, the Charter reads that “leaders, organisers, instigators, and accomplices participating in the formulation or execution of a common plan to commit” any of the described crimes “are responsible for all acts performed by any persons in execution of such plan”.

The Charter concept of a common plan really represents the conspiracy principle in an international context. A common plan or conspiracy to seize the machinery of a State, to commit crimes against the peace of the world, to blot a race out of existence, to enslave millions, and to subjugate and loot whole nations cannot be thought of in the same terms as the plotting of petty crimes, although the same underlying principles are applicable. Little gangsters may plan who will carry a pistol and who a stiletto, who will approach a victim from the front and who from behind, and where they will waylay him. But in planning war, the pistol becomes a Wehrmacht, the stiletto a Luftwaffe. Where to strike is not a choice of dark alleys, but a matter of world geography. The operation involves the manipulation of public opinion, the law of the State, the police power, industry, and finance. The baits and bluffs must be translated into a nation’s foreign policy. Likewise, the degree of stealth which points to a guilty purpose in, a conspiracy will depend upon its object. The clandestine preparations of a State against international society, although camouflaged to those abroad, might be quite open and notorious among its own people. But stealth is not an essential ingredient of such planning. Parts of the common plan may be proclaimed from the housetops, as anti-Semitism was, and parts of it kept under cover, as rearmament for a long time was. It is a matter of strategy how much of the preparation shall be made public, as was Goering’s announcement in 1935 of the creation of an air force, and how much shall be kept covert, as in the case of the Nazis’ use of shovels to teach “labour corps” the manual of arms. The forms of this grand type of conspiracy are amorphous, the means are opportunistic, and neither can divert the law from getting at the substance of things.

The defendants counted, however, that there could be no conspiracy involving aggressive war because (1) none of the Nazis wanted war; (2) rearmament was only intended to provide the strength to make Germany’s voice heard in the family of nations; and (3) the wars were not in fact aggressive wars but were defensive wars against a “Bolshevik menace”.

When we analyse the argument that the Nazis did not want war it comes down, in substance, to this: “The record looks bad indeed -objectively -but when you consider the state of my mind -subjectively I hated war. I knew the horrors of war. I wanted peace.” I am not so sure of this. I am even less willing to accept Goering’s description of the General Staff as pacifist. However, it will not injure our case to admit that as an abstract proposition none of these defendants liked war. But they wanted things which they knew they could not get without war. They wanted their neighbours’ lands and goods. Their philosophy seems to be that if the neighbours would not acquiesce, then they are the aggressors and are to blame for the war. The fact is, however, that war never became terrible to the Nazis until it came home to them, until it exposed their deceptive assurances to the German people that German cities, like the ruined one in which we meet, would be invulnerable. From then on, war was terrible.

But again the defendants claim: “To be sure, we were building guns. But not to shoot. They were only to give us weight in negotiating.” At its best this argument amounts to a contention that the military forces were intended for blackmail, not for battle. The threat of military invasion which forced the Austrian Anschluss, the threats which preceded Munich, and Goering’s threat to bomb the beautiful city of Prague if the President of Czechoslovakia did not consent to the Protectorate, are examples of what the defendants had in mind when they talked of arming to back negotiation.

But from the very nature of German demands, the day was bound to come when some country would refuse to buy its peace, would refuse to pay Dane-geld,

“For the end of that game is oppression and shame, And the nation that plays it is lost.”

Did these defendants then intend to withdraw German demands, or was Germany to enforce them and manipulate propaganda so as to place the blame for the war on the nation so unreasonable as to resist? Events have answered that question, and documents such as Admiral Carl’s memorandum, earlier quoted, leave no doubt that the events occurred as anticipated.

But some of the defendants argue that the wars were not aggressive and were only intended to protect Germany against some eventual danger from the “menace of Communism”, which was something of an obsession with many Nazis.

At the outset this argument of self-defence fails because it completely ignores this damning combination of facts clearly established in the record: first, the enormous and rapid German preparations for war; second, the repeatedly avowed intentions of the German leaders to attack, which I have previously cited; and third, the fact that a series of wars occurred in which German forces struck the first blows, without warning, across the borders of other nations.

Even if it could be shown -which it cannot -that the Russian war was really defensive, such is demonstrably not the case with those wars which preceded it.

It may also be pointed out that even those who would have you believe that Germany was menaced by Communism also compete with each other in describing their opposition to the disastrous Russian venture. Is it reasonable that they would have opposed that war if it were undertaken in good faith in self-defence.

It is sought to balance the frivolous self-defence theory against the facts, as advocates often do, by resort to a theory of law. Dr. Jahrreiss, in his scholarly argument for the defence, rightly points out that no treaty provision and no principle of law denied Germany, as a sovereign nation, the right of self-defence. He follows with the assertion for which there is authority in classic International Law, that:

“… every State is alone judge of whether in a given case it is waging a war of self-defence”.

It is not necessary to examine the validity of an abstract principle which does not apply to the facts of our case. I do not doubt that if a nation arrived at a judgement that it must resort to war in self-defence, because of conditions affording reasonable grounds for such an honest judgement, any Tribunal would accord it great and perhaps conclusive weight, even if later events proved that judgement mistaken.

But the facts in this case call for no such deference to honest judgement because no such judgement was ever pretended, much less honestly made.

In all the documents which disclose the planning and rationalisation of these attacks, not one sentence has been or can be cited to show an honest fear of attack. It may be that statesmen of other nations lacked the courage forthrightly and fully to disarm. Perhaps they suspected the secret rearmament of Germany. But if they hesitated to abandon arms, they did not hesitate to neglect them. Germany well knew that her former enemies had allowed their armaments to fall into decay, so little did they contemplate another war. Germany faced a Europe that not only was unwilling to attack, but was too weak and pacifist even adequately to defend, and went to the very verge of dishonour, if not beyond, to buy its peace. The minutes we have shown you of the Nazis’ secret conclaves identify no potential attacker. They bristle with the spirit of aggression and not of defence. They contemplate always territorial expansion, not the maintenance of territorial integrity.

Minister of War von Blomberg, in his 1937 directive prescribing general principles for the preparation for war of the armed forces, has given the lie to these feeble claims of self-defence. He stated at that time:

“The general political situation justifies the supposition that Germany need not consider an attack on any side. Grounds for this are, in addition to the lack of desire for war in almost all nations, particularly the Western Powers, the deficiencies in the preparedness for war in a number of States and of Russia in particular.”

Nevertheless, he recommended: “a continuous preparation for war in order to (a) counter-attack at any time, and (b) to enable the military exploitation of politically favourable opportunities should they occur”.

If these defendants may now cynically plead self-defence, although no honest need of self-defence was asserted or contemplated by any responsible leader at that time, it reduces non-aggression treaties to a legal absurdity. They become additional instruments of deception in the hands of the aggressor, and traps for well-meaning nations. If there be in non-aggression pacts an implied condition that each nation may make a bona fide judgement as to the necessity for self-defence against imminent threatened attack, it certainly cannot be invoked to shelter those who never made any such judgement at all.

In opening this case I ventured to predict that there would be no serious denial that the crimes charged were committed, and that the issue would concern the responsibility of particular defendants. The defendants have fulfilled that prophecy. Generally, they do not deny that these things happened, but it is contended that they “just happened”, and that they were not the result of a common plan or conspiracy.

One of the chief reasons the defendants say why there was no conspiracy is the argument that conspiracy was impossible with a dictator. The argument runs that they all had to obey Hitler’s orders, which had the force of law m the German State, and hence obedience could not be made the basis of a criminal charge. In this way it is explained that while there have been wholesale killings, there have been no murderers.

This argument is an effort to evade Article 8 of the Charter, which provides that the order of the Government or of a superior shall not free a defendant from responsibility but can only be considered in mitigation. This provision of the Charter corresponds with the justice and with the realities of the situation, as indicated in defendant Speer’s description of what he considered to be the common responsibility of the leaders of the German nation; he said that … with reference to decisive matters, there was a joint responsibility. There must be a joint responsibility among the leaders, because who else could take the responsibility for the development of events, if not the close associates who work with and around the head of the State?

And again he told the Tribunal that … it was impossible after the catastrophe to evade this joint responsibility, and that if the war had been won, the leaders would also have laid claim to joint responsibility.

Like much of defence counsel’s abstract arguments, the contention that the absolute power of Hitler precluded a conspiracy crumbles in the face of the facts of record. The Fuehrerprinzip of absolutism was itself a part of the common plan, as Goering has pointed out. The defendants may have become the slaves of a dictator, but he was their dictator. To make him such was, as Goering has testified, the object of the Nazi movement from the beginning. Every Nazi took this oath:

“I pledge eternal allegiance to Adolf Hitler. I pledge unconditional obedience to him and the Fuehrers appointed by him.”

Moreover, they forced everybody else in their power to take it. This oath was illegal under German law, which made it criminal to become a member of an organization in which obedience to “unknown superiors or unconditional obedience to known superiors is pledged”. These men destroyed free government in Germany and now plead to be excused from responsibility because they became slaves. They are in the position of the boy of fiction who murdered his father and mother and then pleaded for leniency because he was an orphan.

What these men have overlooked is that Adolf Hitler’s acts are their acts. It was these men among millions of others, and it was these men leading millions of others, who built up Adolf Hitler and vested in his psychopathic personality not only innumerable lesser decisions but the supreme issue of war or peace. They intoxicated him with power and adulation. They fed his hates and aroused his fears. They put a loaded gun in his eager hands. It was left to Hitler to pull the trigger, and when he did they all at that time approved. His guilt stands admitted, by some defendants reluctantly, by some vindictively. But his guilt is the guilt of the whole dock, and of every man in it.

But it is urged that these defendants could not be in agreement on a common plan or conspiracy because they were fighting among themselves or belonged to different factions or cliques. Of course, it is not necessary that men should agree on everything in order to agree on enough things to make them liable for a criminal conspiracy. Unquestionably there were conspiracies within the conspiracy, and intrigues and rivalries and battles for power. Schacht and Goering disagreed, but over which of them should control the economy, not over whether the economy should be regimented for war. Goering claims to have departed from the plan because, through Dahlerus, he conducted some negotiations with men of influence in England just before the Polish war. But it is perfectly clear that this was not an effort to prevent aggression against Poland but to make that aggression successful and safe by obtaining English neutrality. Rosenberg and Goering may have had some differences as to how stolen art should be distributed, but they had none about how it should be stolen. Jodl and Goering may have disagreed about whether to denounce the Geneva Convention, but they never disagreed about violating it. And so it goes through the whole long and sordid story. Nowhere do we find a single instance where any one of the defendants stood up against the rest and said: “This thing is wrong and I will not take part in it.” Wherever they differed, their differences were as to method or jurisdiction, but always within the framework of the common plan.

Some of the defendants also contend that in any event there was no conspiracy to commit war crimes or crimes against humanity because Cabinet members never met with the military commanders to plan these acts. But these crimes were only the inevitable and incidental results of the plan to commit the aggression for purposes of Lebensraum. Hitler stated, at a conference with his commanders, that:

“The main objective in Poland is the destruction of the enemy and not the reaching of a certain geographical line.”

Frank picked up the tune and suggested that when their usefulness was exhausted,

“… then, for all I care, mincemeat can be made of the Poles and Ukrainians and all the others who run around here -it does not matter what happens”.

Reichskommissar Koch in the Ukraine echoed the refrain:

“I will draw the very last out of this country. I did not come to spread bliss ….”

This was Lebensraum in its seamy side. Could men of their practical intelligence expect to get neighboring lands free from the claims of their tenants without committing crimes against humanity?

The last stand of each defendant is that even if there was a conspiracy, he was not in it. It is therefore important in examining their attempts at avoidance of responsibility to know, first of all, just what it is that a conspiracy charge comprehends and punishes.

In conspiracy we do not punish one man for another man’s crime. We seek to punish each for his own crime of joining a common criminal plan in which others also participated. The measure of the criminality of the plan and therefore of the guilt of each participant is, of course, the sum total of crimes committed by all in executing the plan. But the gist of the offence is participation in the formulation or execution of the plan. These are rules which every society has found necessary in order to reach men, like these defendants, who never get blood on their own hands but who lay plans that result in the shedding of blood. All over Germany today, in every zone of occupation, little men who carried out these criminal policies under orders are being convicted and punished. It would present a vast and unforgivable caricature of justice if the men who planned these policies and directed these little men should escape all penalty.

These men in this dock, on the face of this record, were not strangers to this programme of crime, nor was their connection with it remote or obscure. We find them in the very heart of it. The positions they held show that we have chosen defendants of self-evident responsibility. They are the very highest surviving authorities in their respective fields and in the Nazi State. No one lives who, at least until the very last moments of the war, outranked Goering in position, power, and influence. No soldier stood above Keitel and Jodl, and no sailor above Raeder and Donitz. Who can be responsible for the double-faced diplomacy if not the Foreign Ministers, von Neurath and Ribbentrop, and the diplomatic handyman, von Papen? Who should be answerable for the oppressive administration of occupied countries if Gauleiter, Protectors, Governors and Commissars such as Frank, Seyss-Inquart, Frick, von Schirach, von Neurath, and Rosenberg are not? Where shall we look for those who mobilised the economy for total war if we overlook Schacht and Speer and Funk? Who was the master of the great slaving enterprise if it was not Sauckel? Where shall we find the hand that ran the concentration camps if it was not the hand of Kaltenbrunner? Who whipped up the hates and fears of the public, and manipulated the Party organizations to incite these crimes, if not Hess, von Schirach, Fritzsche, Bormann and the unspeakable Julius Streicher? The list of defendants is made up of men who played indispensable and reciprocal parts in this tragedy. The photographs and the films show them again and again together on important occasions. The documents show them agreed on policies and on methods, and all working aggressively for the expansion of Germany by force of arms.

Hermann Goering

Each of these men made a real contribution to the Nazi plan. Each man had a key part. Deprive the Nazi regime of the functions performed by a Schacht, a Sauckel, a von Papen, or a Goering, and you have a different regime. Look down the rows of fallen men and picture them as the photographic and documentary evidence shows them to have been in their days of power. Is there one who did not substantially advance the conspiracy along its bloody path towards its bloody goal? Can we assume that the great effort of these men’s lives was directed towards ends they never suspected?

To escape the implications of their positions and the inference of guilt from their activities, the defendants are almost unanimous in one defence. The refrain is heard time and again: these men were without authority, without knowledge, without influence, without importance. Funk summed up the general self-abasement of the dock in his plaintive lament that:

“I always, so to speak, came up to the door. But I was not permitted to enter.”

In the testimony of each defendant, at some point there was reached the familiar blank wall: nobody knew anything about what was going on. Time after time we have heard the chorus from the dock:

“I only heard about these things here for the first time.”

These men saw no evil, spoke none, and none was uttered in their presence. This claim might sound very plausible if made by one defendant. But when we put all their stories together, the impression which emerges of the Third Reich, which was to last a thousand years, is ludicrous. If we combine only the stories of the front bench, this is the ridiculous composite picture of Hitler’s Government that emerges. It was composed of:

A No. 2 man who knew nothing of the excesses of the Gestapo which he created, and never suspected the Jewish extermination programme although he was the signer of over a score of decrees which instituted the persecution of that race;

A No. 3 man who was merely an innocent middleman transmitting Hitler’s orders without even reading them, like a postman or delivery boy;

A Foreign Minister who knew little of foreign affairs and nothing of foreign policy;

A Field-Marshal who issued orders to the armed forces but had no idea of the results they would have in practice;

A Security Chief who was of the impression that the policing functions of his Gestapo and SD were somewhat on the lines of directing traffic;

A Party philosopher who was interested in historical research, and had no idea of the violence which his philosophy was inciting in the twentieth century;

A Governor-General of Poland who reigned but did not rule;

A Gauleiter of Franconia whose occupation was to pour forth filthy writings about the Jews, but who had no idea that anybody would read them;

A Minister of the Interior who knew not even what went on in the interior of his own office, much less the interior of his own department, and nothing at all about the interior of Germany;

A Reichsbank President who was totally ignorant of what went in and out of the vaults of his bank;

A Plenipotentiary for the War Economy who secretly marshalled the entire economy for armament, but had no idea it had anything to do with war.

This may seem like a fantastic exaggeration, but this is what you would actually be obliged to conclude if you were to acquit these defendants.

They do protest too much. They deny knowing what was common knowledge. They deny knowing plans and programmes that were as public as Mein Kampf and the Party programme.

They deny even knowing the contents of documents which they received and acted upon. Nearly all the defendants take two or more conflicting positions. Let us illustrate the inconsistencies of their positions by the record of one defendant -who, if pressed, would himself concede that he is the most intelligent, honourable and innocent man in the dock. That is Schacht. And this is the effect of his own testimony -but let us not forget that I recite it not against him alone, but because most of its self-contradictions are found in the testimony of several defendants.

Schacht did not openly join the Nazi movement until it had won, nor openly desert it until it had lost. He admits that he never gave it public opposition, but asserts that he never gave it private loyalty. When we demand of him why he did not stop the criminal course of the regime in which he was a Minister, he says he had not a bit of influence. When we ask why he remained a member of the criminal regime, he tells us that by sticking on he expected to moderate its programme. Like a Brahmin among Untouchables, he could not bear to mingle with the Nazis socially, but never could he afford to separate from them politically. Of all the Nazi aggressions by which he now claims to have been shocked, there is not one that he did not support before the world with the weight of his name and prestige. Having armed Hitler to blackmail a continent, his answer now is to blame England and France for yielding. Schacht always fought for his position in a regime he now affects to despise. He sometimes disagreed with his Nazi confederates about what was expedient in reaching their goal, but he never dissented from the goal itself. When he did break with them in the twilight of the regime, it was over tactics, not principles. From then on he never ceased to urge others to risk their positions and their necks to forward his plots, but never on any occasion did he hazard either of his own. He now boasts that he personally would have shot Hitler if he had had the opportunity, but the German newsreel shows that even after the fall of France, when he faced the living Hitler, he stepped out of line to grasp the hand he now claims to loathe and hung upon the words of the man he now says he thought unworthy of belief. Schacht says he steadily “sabotaged” the Hitler Government. Yet the most relentless secret service in the world never detected him doing the regime any harm until long after, he knew the war to be lost and the Nazis doomed. Schacht, who dealt in “hedges” all his life, always kept himself in a position to claim that he was in either camp. The plea for him is as specious on analysis as it is persuasive on first sight. Schacht represents the most dangerous and reprehensible type of opportunism -that of the man of influential position who is ready to join a movement that he knows to be wrong because he thinks it is winning.

These defendants, unable to deny that they were the men in the very highest ranks of power, and unable to deny that the crimes I have outlined actually happened, know that their own denials are incredible unless they can suggest someone who is guilty.

The defendants have been unanimous, when pressed, in shifting the blame on other men, sometimes on one and sometimes on another. But the names they have repeatedly picked are Hitler, Himmler, Heydrich, Goebbels and Bormann. All of these are dead or missing. No matter how hard we have pressed the defendants on the stand, they have never pointed the finger at a living man as guilty. It is a temptation to ponder the wondrous workings of a fate which has left only the guilty dead and only the innocent alive. It is almost too remarkable.

The chief villain on whom blame is placed -some of the defendants vie with each other in producing appropriate epithets -is Hitler. He is the man at whom nearly every defendant has pointed an accusing finger.

I shall not dissent from this consensus, nor do I deny that all these dead and missing men shared the guilt. In crimes so reprehensible that degrees of guilt have lost their significance they may have played the most evil parts. But their guilt cannot exculpate the defendants. Hitler did not carry all responsibility to the grave with him. All the guilt is not wrapped in Himmler’s shroud. It was these dead men whom these living chose to be their partners in this great conspiratorial brotherhood, and the crimes that they did together they must pay for one by one.

It may well be said that Hitler’s final crime was against the land he had ruled. He was a mad “messiah” who started the war without cause and prolonged it without reason. If he could not rule he cared not what happened to Germany. As Fritzsche has told us from the stand, Hitler tried to use the defeat of Germany for the self-destruction of the German people. He continued the fight when he knew it could not be won, and continuance meant only ruin.

Speer, in this courtroom, has described it as follows:

“… The sacrifices which were made on both sides after January, 1945, were senseless. The dead of this period will be the accusers of the man responsible for the continuation of that fight, Adolf Hitler, and the ruined cities which in this last phase lost tremendous cultural values and in which a colossal number of dwellings were destroyed …. The German people remained faithful to Adolf Hitler until the end. He betrayed them knowingly. He finally tried to throw them into the abyss ….”

Hitler ordered everyone else to fight to the last and then retreated into death by his own hand. But he left life as he lived it, a deceiver; he left the official report that he had died in battle. This was the man whom these defendants exalted to a Fuehrer. It was they who conspired to get him absolute authority over all of Germany. And in the end he and the system they had created for him brought the ruin of them all. As stated by Speer in cross-examination:

“… the tremendous danger of the totalitarian system, however, only became really clear at the moment when we were approaching the end. It was then that one could see what the principle really meant, namely, that every order should be carried out without criticism. Everything that has become known during this trial, especially with regard to orders which were carried out without any consideration, has proved how evil it .was in the end…. Quite apart from the personality of Hitler, on the collapse of the totalitarian system in Germany it became clear what tremendous dangers there are in a system of that kind. The combination of Hitler and this system has brought about these tremendous catastrophes in the world.”

But let me for a moment turn devil’s advocate. I admit that Hitler was the chief villain. But for the defendants to put all blame on him is neither manly nor true. We know that even the head of the State has the same limits to his senses and to the hours of his days as do lesser men. He must rely on others to be his eyes and ears as to most that goes on in a great empire. Other legs must run his errands; other hands must execute his plans.

On whom did Hitler rely for such things more than upon these men in the dock? Who led him to believe he had an invincible air armada if not Goering? Who kept disagreeable facts from him? Did not Goering forbid Field-Marshal Milch to warn Hitler that in his opinion Germany was not equal to the war upon Russia? Did not Goering, according to Speer, relieve General Galland of his air force command for speaking of the weaknesses and bungling of the air force? Who led Hitler, utterly untravelled himself, to believe in the indecision and timidity of democratic peoples if not Ribbentrop, von Neurath, and von Papen? Who fed his illusion of German invincibility if not Keitel, Jodl, Raeder, and Donitz? Who kept his hatred of the Jews inflamed more than Streicher and Rosenberg? Who would Hitler say deceived him about conditions in concentration camps if not Kaltenbrunner, even as he would deceive us? These men had access to Hitler and often could control the information that reached him and on which he must base his policy and his orders. They were the Praetorian Guard, and while they were under Caesar’s orders, Caesar was always in their hands.

If these dead men could take the witness stand and answer what has been said against them, we might have a less distorted picture of the parts played by these defendants. Imagine the stir that would occur in the dock if it should behold Adolf Hitler advancing to the witness box, or Himmler with an armful of dossiers, or Goebbels, or Bormann with the reports of his Party spies, or the murdered Roehm or Canaris. The ghoulish defence that the world is entitled to retribution only from the cadavers is an argument worthy of the crimes at which it is directed.

We have presented to this Tribunal an affirmative case based on incriminating documents which are sufficient, if unexplained, to require a finding of guilt on Count One against each defendant. In the final analysis, the only question is whether the defendants’ own testimony is to be credited as against the documents and other evidence of their guilt. What, then, is their testimony worth?

The fact is that the Nazi habit of economising in the use of truth pulls the foundations out from under their own defences. Lying has always been a highly approved Nazi technique. Hitler, in Mein Kampf, advocated mendacity as a policy. Von Ribbentrop admits the use of the “diplomatic lie”. Keitel advised that the facts of rearmament be kept secret so that they could be denied at Geneva. Raeder deceived about rebuilding the German Navy in violation of Versailles. Goering urged Ribbentrop to tell a “legal lie” to the British Foreign Office about the Anschluss, and in so doing only marshalled him the way he was going. Goering gave his word of honour to the Czechs and proceeded to break it. Even Speer proposed to deceive the French into revealing the specially trained among their prisoners.

Nor is the lie direct the only means of falsehood. They all speak with a Nazi double meaning with which to deceive the unwary. In the Nazi dictionary of sardonic euphemisms “Final solution” of the Jewish problem was a phrase which meant extermination; “Special treatment” of prisoners of war meant killing; “Protective custody” meant concentration camp; “Duty labour” meant slave labour; and an order to “take a firm attitude” or “take positive measures” meant to act with unrestrained savagery. Before we accept their word at what seems to be its face value, we must always look for hidden meanings. Goering assured us, on his oath, that the Reich Defence Council never met “as such”. When we produced the stenographic minutes of a meeting at which he presided and did most of the talking, he reminded us of the “as such” and explained this was not a meeting of the Council “as such” because other persons were present. Goering denies “threatening” Czechoslovakia. He only told President Hacha that he would “hate to bomb the beautiful city of Prague”.

Besides outright false statements and those with double meanings, there are also other circumventions of truth in the nature of fantastic explanations and absurd professions. Streicher has solemnly maintained that his only thought with respect to the Jews was to resettle them on the island of Madagascar. His reason for destroying synagogues, he blandly said, was only because they were architecturally offensive. Rosenberg was stated by his counsel to have always had in mind a “chivalrous solution” to the Jewish problem. When it was necessary to remove Schuschnigg after the Anschluss, Ribbentrop would have had us believe that the Austrian Chancellor was resting at a “villa”. It was left to cross-examination to reveal that the “villa” was Buchenwald concentration camp. The record is full of other examples of dissimulations and evasions. Even Schacht showed that he, too, had adopted the Nazi attitude that truth is any story which succeeds. Confronted on cross-examination with a long record of broken vows and false words, he declared in justification -and I quote from the record:

“I think you can score many more successes when you want to lead someone if you don’t tell them the truth than if you tell them the truth.”

This was the philosophy of the National Socialists. When for years they have deceived the world, and masked falsehood with plausibilities, can anyone be surprised that they continue that habit of a lifetime in this dock? Credibility is one of the main issues of this trial. Only those who have failed to learn the bitter lessons of the last decade can doubt that men who have always played on the unsuspecting credulity of generous opponents would not hesitate to do the same now.

It is against such a background that these defendants now ask this Tribunal to say that they are not guilty of planning, executing, or conspiring to commit this long list of crimes and wrongs. They stand before the record of this trial as bloodstained Gloucester stood by the body of his slain King. He begged of the widow, as they beg of you: “Say I slew them not.” And the Queen replied, “Then say they were not slain. But dead they are ….” If you were to say of these men that they are not guilty, it would be as true to say that there has been no war, there are no slain, there has been no crime.”

 

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