Tag Archives: crimes against humanity

Criminal Orders: Trump Suggests that Soldiers Shoot Rock Throwers on the Border

Friends of Padre Steve’s World,

Today I heard President Trump say that he had ordered the military said that he has told the military to respond to any rock throwing by members of the migrant caravan as if it was an armed attack. “They want to throw rocks at our military, our military fights back. I told them to consider it a rifle.” This was after he said that he would deploy 15,000 soldiers to the U.S. Mexican border to repel the non-existent threat of an imaginary invasion.

While I believe that his words are a political stunt to solidify his Christian, White Nationalist base in the final days of the mis-term elections, such an order would be illegal under any circumstances. It would be a criminal order which if followed would make the military members who planned or executed it complicit in crimes against humanity. If the order was transmitted through the Secretary of Defense to the commands involved it would make the Secretary as guilty as Field Marshal Wilhelm Keitel who on Hitler’s direction issued what is now known as the Criminal Order or the Barbarossa Decree. In part it stated:

The exercise of martial law serves primarily to maintain military discipline.

The wide extent of operational space in the East, the form of combat that this offers, and the peculiarity of the enemy, present tasks to the courts martial…that, with their limited personnel, they can only solve, if military law restricts itself for the time being to its central task.

That is only possible if the troops themselves defend themselves against every threat from the enemy civilian population without mercy….

I . Treatment of criminal acts by enemy civilians

1. Criminal acts of enemy civilians are withdrawn until further notice from the jurisdiction of courts-martial and summary courts.

2. Guerrillas are to be dispatched without mercy by the troops either in combat or while trying to escape.

3. Furthermore, all other attacks by enemy civilians against the Wehrmacht, its members and retinue are to be repelled on the spot by the most extreme measures up to the destruction of the attacker.

4. Where measures of this kind were missed or were initially not possible, the suspicious elements are to be immediately brought before an officer. He will decide whether they are to be shot.

Collective drastic action will be taken immediately against communities from which treacherous or insidious attacks against the Wehrmacht are launched, on the orders of an officer with at least the rank of battalion commander upwards, if the circumstances do not permit a speedy apprehension of individual culprits.

If Trump’s spoken word is transmitted by the Secretary of Defense to the Commander of U.S. NORTHCOM is would be an illegal order. It would place officers in the position of having to disobey and risk their careers, and depending on the whim of the President maybe their lives, or to obey. I think that most senior officers would refuse to obey such an order. However, I am not so sure about all of our mid-grade and junior officers or NCOs, many of whom fully subscribe to much of Right Wing propaganda being spewed by the President and his submissive servants in Congress, and the unofficial propaganda ministry of Fox News. I am sure that there is a modern day Lieutenant William Calley our there somewhere who would interpret the President’s words as a license to kill.

I do not think that Secretary of Defense James Mattis, or any of the Joint Chiefs of Staff would consent to such an order, but I don’t know if others below them would fight it.

General Ludwig Beck who resigned his position as the commander of the German Army in 1938 over Hitler’s planned invasion of Czechoslovakia and died in the failed attempt to kill Hitler and overthrow the Nazi regime said:

“Final decisions about the nation’s existence are at stake here; history will incriminate these leaders with bloodguilt if they do not act according to their specialist and political knowledge and conscience. Their soldierly obedience reaches its limit when their knowledge, their conscience, and their responsibility for it carrying out an order.”

We are now in uncharted waters. I believe that if Trump actually issues such an order that there will be many resignations of key DOD military leaders and civilian officials, however, that will leave the military in the hands of loyal and compliant followers or opportunistic careerists.

That is a frightening possibility. The only thing now is to see what the senior military leadership does if the President actually issues this order. Will they do what the Republican majority in Congress has done and bowed their knee to Trump, or will they take their oath to the Constitution and the American people seriously. As Beck noted:

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

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.”

At one time I would have believed that the post-Vietnam military might follow such orders, but I am not so sure right now.

Until tomorrow,

Peace,

Padre Steve+

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What Does it take to Become a War Criminal? 


Friends of Padre Steve’s World,

Over the past few days I have been writing about the German invasion of the Soviet Union and the fact that 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 

Field Marshal Walter Reichenau issued what is something’s known as the Severity Order to his 6th Army which was part of Field Marshal Gerd Von Rundstedt’s Army Group South. Von Rundstedt, who was not a Nazi and who maintained his reputation after the war expressed his “complete agreement” with it and urged other subordinates to issue similar orders. 

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

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

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

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

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

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

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

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

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

Like Von Rundstedt, Manstein too would be rehabilitated and for the most part his complicity in Hitler’s racial and ideological war forgotten. 


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

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

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

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

                                                                                                 The Rape of Nanking 

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

I think one of our problems is that we want to believe that evil is simply done be evil people. That is why when we see a Hitler, Stalin, Pol Pot, or the monsters of the so-called Islamic State, we are often strangely comforted. This is often because we can point to a single person with a wicked ideology and say “they are evil,” all the while forgetting that they are, or were, like us, also human. 



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. 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. I will address this in the recent American context next week. So until tomorrow, when I publish something more personal and unrelated to this subject.

Peace

Padre Steve+

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Injustice in Syria and the Impotence of the World

syria-unleashes-massive-gas-chemical-attack-on-damascus

“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.”  Ellie Wiesel 

I do not think that any surgical strike against Syrian military forces and chemical weapons facilities by a handful of US Navy ships and submarines will stop the unrelenting bloodbath that is the Syrian Civil War. It would be nice if it would but realistically it will not.

What is going on in that country fits every definition of war crimes and crimes against humanity as defined by Nuremberg, the Hague and Geneva Conventions, the Geneva protocols of 1925 which Syria is a signatory to specifically state that “the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices, has been justly condemned by the general opinion of the civilized world.” This message was strengthened in the Chemical Weapons Convention of 1992, a document that 98% of the nations of the world are signatories to, although Syria  is not one of them.

There are strong moral and legal arguments to be made for intervention in Syria. Unfortunately morality and legal arguments against crimes against humanity seem to have very little weight in the world. But then they never have. It is only when nations decide that the threat extends beyond the deaths of unfortunate people that they really could not care less who lived or died, but directly threaten the economic and security interests of the great powers then the vast majority of people and nations would rather not get involved.

This is especially true after the American led coalition invaded Iraq on the basis of the threat of Weapons of Mass Destruction. The intelligence about the threat has been widely discredited, Iraq remains devastated, Iran empowered and the United States military hamstrung by 12 years of war. The Iraq War and its aftermath, the casualties, the costs and the loss of credibility of the United States as a result of it haunt the actions of the Obama Administration and will haunt future presidencies. As Harry Callahan noted “there are always results.” 

As Barbara Tuchman so well put it: “An event of great agony is bearable only in the belief that it will bring about a better world. When it does not, as in the aftermath of another vast calamity in 1914-18, disillusion is deep and moves on to self-doubt and self-disgust.” 

That was the result of the Iraq war. Though the vast majority of Americans had no direct link to the war that was fought by a small minority of military personnel the effects linger. Our politicians, pundits and preachers talk about us being “war weary” but that really can only be applied to the tiny number of men and women who have served in Iraq or Afghanistan and in numerous other places that no one knows or cares about. I think that people are less war weary than they are apathetic to anything that they do not believe directly effects them.

Bertold Brecht wrote:

“The first time it was reported that our friends were being butchered there was a cry of horror. Then a hundred were butchered. But when a thousand were butchered and there was no end to the butchery, a blanket of silence spread. 

When evil-doing comes like falling rain, nobody calls out “stop!”

When crimes begin to pile up they become invisible. When sufferings become unendurable the cries are no longer heard. The cries, too, fall like rain in summer.”

That being said the consequences of a military action that not only does not destroy the Assad regime’s military capacity to kill innocents could make matters even worse than they are now, a thought that is hard to imagine. Likewise the possibilities of the action going awry  and the situation escalating and even expanding outside the borders of Syria bringing are quite high.

The arguments against intervention as far as military consequences and the low probabilities of success of surgical strikes is a strong argument for non-intervention. Realistically unless there is the participation of major military forces from many nations back by the UN, the Arab League and NATO with boots on the ground to find, secure and destroy the chemical weapons a military strike may achieve a modicum of success but most likely fail in its ultimate goal. The result would be that the situation would continue to escalate and a broader intervention ensue.

I am not happy with the way this has played out. The moral thing would have been for the UN Security Council take strong action against the Syrian regime and the world join in. However that will not happen, too many nations see this as an opportunity to advance their own agendas in the region using both the Syrian government and the rebel forces, some of which are allied with the Al Qaida organization. Some of the Syrian Rebels are as bad as Assad when it comes to indiscriminate killing of innocents and the commission of war crimes.

This week there will be votes in the Senate and House of Representatives regarding a Senate resolution for limited military action against the Assad regime requested by the Obama White House. The political posturing of many opponents as well as supporters of intervention has been nothing but shameful. In many cases it is not about actual foreign policy but on politics dictated by gerrymandered districts and the politics of mutual assured destruction. There is a good chance that the resolutions will not pass and one or both houses of Congress. However there is a strong chance that even without Congressional approval that the Obama administration will most likely attempt to do the morally right thing with inadequate means.

I am torn on this. I do think that as Secretary of State John Kerry said this week that we are at a “Munich moment.” The consequences of inaction and limited action alike are potentially disastrous. The hope of many for the Arab Spring has turned into a nightmare. The question is how bad the nightmare will get.

Honestly I cannot say what is I think should be done. I can make the case for intervention based on moral, legal and ethical grounds and I can make the case against based on realpolitik.

All that being said, for the sake of humanity echo the words of Ellie Wiesel“For the dead and the living, we must bear witness.”

Peace

Padre Steve+

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