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Civilization Is Tissue Thin Because of the Evil Directed and Committed by Sociopaths, People Without Empathy: Genocide, Crimes Against Humanity, and War Crimes, then and Now, How Do You Choose to Burn?

 

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The Rape of Nanking

Friends of Padre Steve’s World,

Fyodor Dostoyevsky wrote, “Nothing is easier than to denounce the evildoer; nothing is more difficult than to understand him.”

This week I finished a series of articles on American Associate Supreme Court Justice Robert Jackson’s opening and closing arguments at Nuremberg, followed by one last night asking the question “Who Were the Victims? Does Anyone Care? The Holocaust and War Crimes Today.” For me the article was difficult to write because I have served in wars that under the rules of the International War Crimes Tribunal at Nuremberg and the subsequent U.S. trials in the same courtroom could be rule as wars of aggression, and in which American servicemen and women committed crimes that can easily be classified as war crimes, and even crimes against humanity. Likewise I have taught military ethics at Major American military Staff College.

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. Aleksandr Solzhenitsyn reminds us of the folly of that type of thinking, “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?”

A few years ago I took a break from my Gettysburg text and dusted off an old academic paper dealing with the one of the more uncomfortable aspects of the Nazi Holocaust against the Jews. I did that because I felt that I needed to reexamine the nature of evil in the modern world. Doing that brought me to do much more study of war crimes and the Holocaust. Since then I have visited Nazi Concentration Camps, Euthanasia Centers, the Wannsee House, where the coordination of the Final Solution was conducted, as well as memorials to the German resistance at the Bendlerstraße headquarters from which the attempt to kill Hitler on July 20th 1944 was launched; the Sophie Scholl and White Rose Resistance Memorial and Museum in Munich, and the National Socialist Documentation Center, also in Munich.

As I wrote my articles I have been binge reading books about the Japanese War Crimes from the “China Incident” to the end of the Second World War. I started those at the behest of a reader of this blog. While I knew the wave tops of those crimes and was vaguely familiar with the Tokyo Trial I was not as well informed about the complexity of those crimes and the participation of Japanese officials at every level of government in them.

That leads me to today, not long after the American President pardoned convicted war criminals and the fired his own Secretary of the Navy to keep one of those men from losing his SEAL Trident at a peer review conducted by other SEALS.

When I ponder the evil committed by supposedly civilized men and women of Germany and Japan in the Second World War, as well as other war crimes, crimes against humanity, and acts of genocide committed by other nations and people’s, I realize that they are little different than others who share the culture of the West. These people were the products of a culture of learning, and of science. They were part of a culture formed by the Christian tradition, the Renaissance, the Reformation, and the Enlightenment, the age of Reason. As I pondered this I came to remember something said by the late Iris Chang, “civilization is tissue thin.”

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Lynching in the American South

My original series of articles several years ago which dealt with the Nazi Eunsatzgruppen dealt with the ordinary men, and the bureaucratic systems that implemented an ideology so twisted and evil that it is unimaginable to most people. While most people in the United States know a little about the Holocaust, most do not fully comprehend how devilish and insidious the crimes of the Nazis were. More frightening is the fact that 46% of people worldwide have never heard of the Holocaust, and of the 54% who are aware some 32% think it is a myth or has been greatly exaggerated. That was about five years ago. I will have to take a look at the current numbers, but I believe that the numbers wills only get worse as younger people are far more likely to believe that the Holocaust is a myth or or exaggerated.

We typically know about the extermination camps like Auschwitz, but the lesser known dark side of the Holocaust, perhaps the scariest part, is the story of the men of the Einsatzgruppen. The Einsatzgruppen and affiliated units, including those of the Wehrmacht, the Waffen SS, the mobilized battalions of the Order Police, and locally recruited units, rounded up massive numbers of people and killed them up close and personal. In all these units murdered over two million people, about 1.3 million of whom were Jews.

My study of the Holocaust began in college as an undergraduate. My primary professor at California State University at Northridge, Dr. Helmut Haeussler had been an interpreter and interrogator at the Nuremberg trials. I was able to take a number of lecture classes from him a large amount of research and independent study courses in a year of graduate work while finishing my Army ROTC program at UCLA. It was an immersion in the history, sociology, and the psychology of evil, during which I was able to meet and talk with Jewish survivors of the Holocaust.

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Einsatzgruppen

Since then I have continued to read and study. I lived in Germany for over four years, and made many other visits, during which I went to a number of Concentration Camp sites. I visited the rebuilt synagogue in Worms which had been destroyed during the infamous Kristallnacht, and other museums and Holocaust memorial sites in Germany. I visited the Zeppelin field, the site of Hitler’s massive Nazi Party rallies in Nuremburg, as well as the graveyards which contain the victims of other Nazi crimes, including the Nacht und Nebel or night and fog actions, where people simply disappeared and were murdered by the Gestapo. When I think about the men and women who were the perpetrators of those crimes as well as those who were bystanders, who knew about those crimes and did nothing to stop them I am reminded of Captain Gustave Gilbert, an American Psychologist who interviewed and got to know the major German War Criminals at Nuremberg. Gilbert wrote:

“In my work with the defendants (at the Nuremberg Trails 1945-1949) I was searching for the nature of evil and I now think I have come close to defining it. A lack of empathy. It’s the one characteristic that connects all the defendants, a genuine incapacity to feel with their fellow men. Evil, I think, is the absence of empathy.”

For me, those visits were sobering, maybe even more so because I understood exactly what happened in those sites. These are uncomfortable places to visit, and I can understand why many people would not want to visit them, or even study them.

The darkness that they remind us of  is a part of our human condition. Traces of the evil on display in those places is present in every human being. Frankly, most people cannot bear looking into that abyss, for fear that they might be swallowed by it.

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Nanking

I can understand that and I have to admit that it is hard to do so. I am a historian as well as a clinician with much experience dealing with death and trauma. With my training I do a pretty good job of keeping my emotional distance to maintain objectivity when confronted with evil. However, it is hard for me not to have some emotional reaction when visiting these places, or reading about the events and people, and in writing about them.

Likewise, I am very troubled by the growing lack or awareness or denial of the Holocaust. It is very hard for me not to have a virulent reaction when I see books and websites dedicated to Holocaust denial, or that minimize other well documented genocides, and crimes against humanity.

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Soviet Genocide in Ukraine

My sensitivity to human suffering and the terrible indifference of people in this country to it was greatly increased by my experience of war, and my post-war struggles with PTSD, depression, anxiety, which at points left me very close to committing suicide. A non-chaplain friend, a now retired Navy Command Master Chief Petty Officer that I served with at EOD Group Two remarked that I am a tremendously empathic person, and that I have a large capacity to feel the pain and suffering of others. This capacity for empathy and the ability to feel the suffering of others is part of who I am. It is a good thing, but it makes my work studying and writing about the Holocaust, other genocides, crimes against humanity, and subjects like American slavery, racism, and Jim Crow a sometimes difficult and often very emotionally consuming task. This sometimes leaves me even more sleepless and anxious than normal; especially when I see the indifference of so many people to the suffering of others today.

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The Killing Fields

It is that indifference which motivates me to write; because if these events are not recalled and retold, they, like any part of history will be ignored and then forgotten. The statistics bear this out. There are people today, who say that we should stop talking about these events, that they are old news, and they cannot happen again; but history tells us different, and not just the Holocaust, but indeed every genocide. Then there are those who shamelessly use the Holocaust imagery to spread fear among their followers even as they openly demonize minority groups and religions as the Nazis did to the Jews.

I have to agree with Elie Wiesel who said, “Indifference to me, is the epitome of all evil.”

The late Iris Chang, who wrote The Rape of Nanking: The Forgotten Holocaust of World War II wrote something that is pertinent to almost every modern episode of genocide, or other crime against humanity. It is the ability of leaders, be they political, military, or religious to convince people to rationalize actions that they normally would find repulsive.

“After reading several file cabinets’ worth of documents on Japanese war crimes as well as accounts of ancient atrocities from the pantheon of world history, I would have to conclude that Japan’s behavior during World War II was less a product of dangerous people than of a dangerous government, in a vulnerable culture, in dangerous times, able to sell dangerous rationalizations to those whose human instincts told them otherwise.”

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The Islamic State

What we call civilization, to use the words of Iris Chang, is tissue thin. That is why we must never forget these terrible events of history, and that part of human nature, and in a sense part of every one of us, that makes them so easy to repeat. That is why we must periodically take the time to remember and reflect on the Holocaust, other genocides and crimes against humanity. Historian Timothy Snyder in his book On Tyranny wrote:

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


Sophie Scholl, the 22 year old leader of the White Rose resistance movement in Nazi Germany I think gives those who still retain a sense of empathy, ethics, and self-decency a plumb-line of what the real issues are.

Sophie 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.”

Yes, these are terribly uncomfortable subjects, but we cannot allow this generation to allow them to be forgotten, lest they be repeated. That is why that I must continue to write about them.

Peace

Padre Steve+

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The Holocaust Can Happen Again “Because it Deviated Not from Human Norms”

Friends of Padre Steve’s World,

The crimes of Adolf Hitler’s Nazi regime may seem like the happened a long time ago in a galaxy far, far away, we would all like to believe that. However, they are only as far away as the next time. That is why we must continue to show them in their awful reality. Yehuda Bauer, a historian of the Holocaust whose family escaped from Czechoslovakia the day it was annexed by the Third Reich 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.”

This is an eternal truth. The Red Chinese in Tibet, the Cambodian Killing Fields, the Serbians massacring Bosnians under the noses of Dutch Peacekeepers in Srebrenica, the Tutsis of Rwanda butchered by their Hutu neighbors shortly after Easter, as well as the crimes of the Islamic State against Kurds, opposition Sunnis, Shia, Yazidis, and Christians in Iraq and Syria.

Besides genocide we can add the crime of aggressive war against weaker neighbors or nations committed Russia in Georgia and the Ukraine, and the United States against Iraq. Then there is the assault on minority groups within various nations, the rejection of refugees, and rise in anti-Semitism across Russia, Europe, and the United States have all produced myriads of victims, perpetrators, and bystanders.

The crimes committed by the Nazis against their own citizens and the nations that they victimized are not completely unique to them. While the Nazi Genocide committed against the Jews is unique, what motivated them is far more common than we would want to admit. The Holocaust and the Nazi war for Lebensraum is not an aberration from the norms of human nature, it is the norm. That is why continuing to expose those crimes, the men and women behind them, and those who stood by, doing nothing while their neighbors were being marched away, or stood by as other men marched men, women, and children to massive pits and shot them one by one, up close and personal, by the tens of thousands.

I would like with all my heart to consign the crimes of the Nazis to the depths of history, but I cannot. It is beginning to happen again before our very eyes, the American President is pardoning convicted war criminals, rescinding American participation in international treaties, agreements, and organizations, as well as conducting anti-immigration operations, in violation of our own and international law that Jackson would have classed as crimes against humanity. That is why I, a man born thirteen and a half years after the major Nuremberg War Crimes ended with ten of the defendants hanging from the gallows continue to write about it. If we are not careful, it can and will happen again.

Over the past week I have been writing about the Nuremberg Trials and the American Chief Prosecutor, Supreme Court Justice Robert Jackson. Last night I wrote about the introduction of his closing arguments before the Tribunal which followed his opening address by nine months. I now continue with Justice Jackson’s closing arguments against the Nazi war criminals sitting in the dock of Nuremberg’s Palace of Justice.

So until tomorrow, I leave you with Jackson’s words. By the way, have a Happy Thanksgiving.

Peace,

Padre Steve+

THE CRIMES OF THE NAZI REGIME

The strength of the case against these defendants under the conspiracy count, which it is the duty of the United States to argue, lies in its simplicity. It involves but three ultimate inquiries: First, have the acts defined by the Charter as crimes been committed; second, were they committed pursuant to a common plan or conspiracy; third, are these defendants among those who are criminally responsible? The charge requires examination of a criminal policy, not of a multitude of isolated, unplanned, or disputed crimes. The substantive crimes upon which we rely, either as goals of a common plan or as means for its accomplishment, are admitted. The pillars which uphold the conspiracy charge may be found in five groups of overt acts, whose character and magnitude are important considerations in appraising the proof of conspiracy.

1. THE SEIZURE OF POWER AND SUBJUGATION OF GERMANY TO A POLICE STATE The Nazi Party seized control of the German State in 1933. “Seizure of power” is a characterisation used by defendants and defence witnesses, and so apt that it has passed into both history and everyday speech. The Nazi junta in the early days lived in constant fear of overthrow. Goering, in 1934, pointed out that its enemies were legion, and said:

“Therefore, the concentration camps have been created, where we have first confined thousands of Communists and Social Democrat functionaries.”

In 1933 Goering forecast the whole programme of purposeful cruelty and oppression when he publicly announced:

“Whoever in the future raises a hand against a representative of the National Socialist movement or of the State must know that he will lose his life in a very short while.”

New political crimes were created to this end. It was made a treason, punishable with death, to organize or support a political party other than the Nazi Party. Circulating a false or exaggerated statement, or one which would harm the State or even the Party, was made a crime. Laws were enacted of such ambiguity that they could be used to punish almost any innocent act. It was, for example, made a crime to provoke “any act contrary to the public welfare”.

The doctrine of punishment by analogy was introduced to enable conviction for acts which no statute forbade. Minister of Justice Guertner explained that National Socialism considered every violation of the goals of life which the community set up for itself to be a wrong per se, and that the acts could be punished even though it was not contrary to existing “formal law”.

The Gestapo and the SD were instrumentalities of an espionage system which penetrated public and private life. Goering controlled a personal wiretapping unit. All privacy of communication was abolished. Party Blockleiter appointed over every 50 householders spied continuously on all within their ken.

Upon the strength of this spying individuals were dragged off to “protective custody” and to concentration camps without legal proceedings of any kind1and without statement of any reason therefore. The partisan political police were exempted from effective legal responsibility for their acts.

With all administrative offices in Nazi control and with the Reichstag reduced to impotence, the judiciary remained the last obstacle to this reign of terror. But its independence was soon overcome and it was reorganised to dispense a venal justice. Judges were ousted for political or racial reasons and were spied upon and put under pressure to join the Nazi Party. After the Supreme Court had acquitted three of the four men whom the Nazis accused of setting the Reichstag on fire, its jurisdiction over treason cases was transferred to a newly established “People’s Court” consisting of two judges and five Party officials. The German film of this “People’s Court” in operation, which the showed in this chamber, revealed its presiding judge pouring partisan abuse on speechless defendants. Special courts were created to try political crimes, only Party members were appointed judges, and “Judges’ letters” instructed the puppet judges as to the “general lines” they must follow.

The result was the removal of all peaceable means either to resist or to change the Government. Having sneaked through the portals of power, the Nazis slammed the gate in the face of all others who might also aspire to enter. Since the law was what the Nazis said it was, every form of opposition was rooted out and every dissenting voice throttled. Germany was in the clutch of a police State, which used the fear of the concentration camp as a means to enforce non-resistance. The Party was the State, the State was the Party, and terror by day and death by night were the policy of both.

2. THE PREPARATION AND WAGING OF WARS OF AGGRESSION From the moment the Nazis seized power, they set about with feverish but stealthy efforts, in defiance of the Versailles Treaty, to arm for war. In 1933 they found no air force. By 1939 they had 21 squadrons, consisting of 240 echelons or about 2,400 first-line planes, together with trainers and transports.

In 1933 they found an army of 3 infantry [sic] (actually 7) and 3 cavalry divisions. By 1939 they had raised and equipped an army of 51 divisions, 4 of which were fully motorized and 4 of which were panzer divisions. In 1933 they found a navy of one cruiser and six light cruisers. By 1939 they had built a navy of 4 battleships, 1 aircraft carrier, 6 cruisers, 22 destroyers, and 54 submarines. They had also built up in that period an armament industry as efficient as that of any country in the world.

These new weapons were put to use, commencing in September, 1939, in a series of undeclared wars against nations with which Germany had arbitration and non-aggression treaties, and in violation of repeated assurances.

On 1st September, 1939, this rearmed Germany attacked Poland. The following April witnessed the invasion and occupation of Denmark and Norway, and May saw the overrunning of Belgium, the Netherlands, and Luxembourg. Another spring saw Yugoslavia and Greece under attack, and in June, 1941, came the invasion of Soviet Russia. Then Japan, which Germany had embraced as a partner, struck without warning at Pearl Harbour in December, 1941, and four days later Germany declared war on the United States.

We need not trouble ourselves about the many abstract difficulties that can be conjured up about what constitutes aggression in doubtful cases. I shall show you, in discussing the conspiracy, that by any test ever put forward by any responsible authority, by all the canons of plain common sense, these were unlawful wars of aggression in breach of treaties and in violation of assurances.

3. WARFARE IN DISREGARD OF INTERNATIONAL LAW

It is unnecessary to labour this point on the facts. Goering asserts that the Rules of Land Warfare were obsolete, that no nation could fight a total war within their limits. He testified that the Nazis would have denounced the Conventions to which Germany was a party, but that General Jodl wanted captured German soldiers to continue to benefit from their observance by the Allies.

It was, however, against the Soviet people and Soviet prisoners that Teutonic fury knew no bounds, in spite of a warning by Admiral Canaris that the treatment was in violation of International Law. We need not, therefore, for the purposes of the conspiracy count, recite the revolting details of starving, beating, murdering, freezing, and mass extermination admittedly used against the Eastern soldiery. Also, we may take as established or admitted that the lawless conduct such as shooting British and American airmen, mistreatment of Western prisoners of war, forcing French prisoners of war into German war work, and other deliberate violations of the Hague and Geneva Conventions, did occur, and in obedience to highest levels of authority.

4. ENSLAVEMENT AND PLUNDER OF POPULATIONS IN OCCUPIED COUNTRIES

The defendant Sauckel, Plenipotentiary General for the Utilization of Labour, is authority for the statement that “out of five million foreign workers who arrived in Germany, not even 200,000 came voluntarily”. It was officially reported to defendant Rosenberg that in his territory “recruiting methods were used which probably have their origin in the blackest period of the slave trade”. Sauckel himself reported that male and female agents went hunting for men, got them drunk, and “shanghaied” them to Germany. These captives were shipped in trains without heat, food, or sanitary facilities. The dead were thrown out at stations, and the newborn were thrown out the windows of moving trains.

Sauckel ordered that “all the men must be fed, sheltered and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degree of expenditure”. About two million of these were employed directly in the manufacture of armaments and munitions. The director of the Krupp locomotive factory in Essen complained to the company that Russian forced labourers were so underfed that they were too weakened to do their work, and the Krupp doctor confirmed their pitiable condition. Soviet workers were put in camps under Gestapo guards, who were allowed to punish disobedience by confinement in a concentration camp or by hanging on the spot.

Populations of occupied countries were otherwise exploited and oppressed unmercifully. Terrorism was the order of the day. Civilians were arrested without charges, committed without counsel, executed without hearing. Villages were destroyed, the male inhabitants shot or sent to concentration camps, the women sent to forced labour, and the children scattered abroad. The extent of the slaughter in Poland alone was indicated by Frank, who reported:

” If I wanted to have a poster put up for every seven Poles who were shot, the forests of Poland would not suffice for producing the paper for such posters.”

Those who will enslave men cannot be expected to refrain from plundering them. Boastful reports show how thoroughly and scientifically the resources of occupied lands were sucked into the German war economy, inflicting shortage, hunger, and inflation upon the inhabitants. Besides this grand plan to aid the German war effort there were the sordid activities of the Rosenberg “Einsatzstab”, which pillaged art treasures for Goering and his fellow-bandits. It is hard to say whether the spectacle of Germany’s No. 2 leader urging his people to give up every comfort and strain every sinew on essential war work while he rushed around confiscating art by the trainload should be cast as tragedy or comedy. In either case it was a crime.

International Law at all times before and during this war spoke with precision and authority respecting the protection due to civilians of an occupied country, and the slave trade and plunder of occupied countries was at all times flagrantly unlawful.

5. PERSECUTION AND EXTERMINATION OF JEWS AND CHRISTIANS

The Nazi movement will be of evil memory in history because of its persecution of the Jews, the most far-flung and terrible racial persecution of all time. Although the Nazi Party neither invented nor monopolised anti-Semitism, its leaders from the very beginning embraced it, incited it, and exploited it. They used it as “the psychological spark that ignites the mob”. After seizure of power, it became an official State policy. The persecution began in a series of discriminatory laws eliminating the Jews from the civil service, the professions, and economic life. As it became more intense it included segregation of Jews in ghettoes, and exile. Riots were organized by Party leaders to loot Jewish business places and to burn synagogues. Jewish property was confiscated and a collective fine of a billion marks was imposed upon German Jewry. The programme progressed in fury and irresponsibility to the “final solution”. This consisted of sending all Jews who were fit to work to concentration camps as slave labourers, and all who were not fit, which included children under 12 and people over 50, as well as any others judged unfit by an SS doctor, to concentration camps for extermination.

Adolf Eichmann, the sinister figure who had charge of the extermination programme, has estimated that the anti-Jewish activities resulted in the killing of six million Jews. Of these, four million were killed in extermination institutions, and two million were killed by Einsatzgruppen, mobile units of the Security Police and SD which pursued Jews in the ghettoes and in their homes and slaughtered them in gas wagons, by mass shooting in anti-tank ditches and by every device which Nazi ingenuity could conceive.

So thorough and uncompromising was this programme that the Jews of Europe as a race no longer exist, thus fulfilling the diabolic “prophecy” of Adolf Hitler at the beginning of the war. Of course, any such programme must reckon with the opposition of the Christian Church. This was recognized from the very beginning. Defendant Bormann wrote all Gauleiter in 1941 that “National Socialism and Christian concepts are irreconcilable”, and that the people must be separated from the Churches, and the influence of the Churches totally removed. Defendant Rosenberg even wrote dreary treatises advocating a new and weird. Nazi religion.

The Gestapo appointed “Church specialists” who were instructed that the ultimate aim was “destruction of the confessional Churches”. The record is full of specific instances of the persecution of clergymen, the confiscation of Church property, interference with religious publications, disruption, of religious education, and suppression of religious organizations.

The chief instrument for persecution and extermination was the concentration camp, sired by the defendant Goering and nurtured under the overall authority of defendants Frick and Kaltenbrunner.

The horrors of these iniquitous places have been vividly disclosed by documents and testified to by witnesses. The Tribunal must be satiated with ghastly verbal and pictorial portrayals. From your records it is clear that the concentration camps were the first and worst weapon of Nazi oppression used by the National Socialist State, and that they were the primary means utilised for the persecution of the Christian Church and the extermination of the Jewish race. This has been admitted to you by some of the defendants from the witness stand. In the words of defendant Frank:

“A thousand years will pass and this guilt of Germany will still not be erased.”

These, then, were the five great substantive crimes of the Nazi regime. Their commission, which cannot be denied, stands admitted. The defendant Keitel, who is in a position to know the facts, has given the Tribunal what seems to be a fair summation of the case on the facts:

“The defendant has declared that ‘he admits the contents of the general Indictment to be proved from the objective and factual point of view’ (that is to say, not every individual case) ‘and this in consideration of the law of procedure governing the trial. It would be senseless, despite the possibility of refuting several documents or individual facts, to attempt to shake the Indictment as a whole.’” I pass now to the inquiry as to whether these groups of criminal acts were integrated in a common plan or conspiracy.

THE COMMON PLAN OR CONSPIRACY

The prosecution submits that these five categories of premeditated crimes were not separate and independent phenomena but that all were committed pursuant to a common plan or conspiracy.

The defence admits that these classes of crimes were committed, but denies that they are connected one with another as parts of a single programme. The central crime in this pattern of crimes, the king-pin which holds them all together, is the plot for aggressive wars. The chief reason for international cognizance of these crimes lies in this fact. Have we established the plan or conspiracy to make aggressive war?

Certain admitted or clearly proven facts help to answer that question. First is the fact that such war of aggression did take place. Second, it is admitted that from the moment the Nazis came to power, every one of them and every one of the defendants worked like beavers to prepare for some war. The question therefore comes to this: Were they preparing for the war which did occur, or were they preparing for some war which never happened?

It is probably true that in their early days none of them had in mind what month of what year war would begin, the exact dispute which would precipitate it, or whether its first impact would be Austria, Czechoslovakia, or Poland. But I submit that the defendants either knew or were chargeable with knowledge that the war for which they were making ready would be a war of German aggression. This is partly because there was no real expectation that any power or combination of powers would attack Germany. But it is chiefly because the inherent nature of the German plans was such that they were certain sooner or later to meet resistance and that they could then be accomplished only by aggression.

The plans of Adolf Hitler for aggression were just as secret as Mein Kampf, of which over six million copies were published in Germany. He not only openly advocated overthrowing the Treaty of Versailles, but made demands which went far beyond a mere rectification of its alleged injustices. He avowed an intention to attack neighbouring States and seize their lands, which he said would have to be won with “the power of a triumphant sword”. Here, for every German to hearken to, were the “ancestral voices prophesying war”.

Goering has testified in this courtroom that at his first meeting with Hitler, long before the seizure of power:

“I noted that Hitler had a definite view of the impotency of protest and, as a second point, that he was of the opinion that Germany should be freed of the Peace of Versailles. ‘We did not say we shall have to have a war and defeat our enemies’; this was the aim and the methods had to be adapted to the political situation.”

When asked if this goal were to be accomplished by war if necessary, Goering did not deny that eventuality but evaded a direct answer by saying, “We did not debate about that at all at that time.” He went on to say that the aim to overthrow the Treaty of Versailles was open and notorious and that, I quote again, “Every German in my opinion was for its modification, and there was no doubt that this was a strong inducement for joining the party.”

Thus, there can be no possible excuse for any person who aided Hitler to get absolute power over the German people, or who took a part in his regime, to fail to know the nature of the demands he would make on Germany’s neighbours.

To be continued….

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Robert Jackson’s Indictment of the Nazis, Trump, and Us: Jackson’s Opening Statement at Nuremberg in Light of Trump’s Pardon of Convicted War Criminals

Friends of Padre Steve’s World,

This is the the last section of my five part post dealing with the opening statement of American Chief Prosecutor, and Supreme Court Justice Robert Jackson at the major Nuremberg War Crimes Trial. The first four segments of this series dealt with Jackson’s introduction, his dissection of the Nazi wars against free Labor Unions and the Churches; Hitler and his henchmen’s most heinous crimes, the genocide against the Jews, and finally the Nazi’s criminal conduct of war.

During the meetings to set the boundaries and rules of the international tribunal Jackson noted something that many American leaders have ignored for decades:

“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.”

Jackson believed that the International Tribunal would serve as a model for future tribunals, unfortunately the Cold War shelved those plans. They were revived after the war crimes and crimes against humanity in the former Yugoslavia and Rwanda. In 2002 the International Criminal Court was established under the authority of the Rome Statute. One hundred twenty three nations are signatories to the pact. Unfortunately, neither the United States, or Russia have refused to ratify the treaty.

Among the men most responsible or the refusal of the United States to ratify the statute and is current National Security Advisor, John Bolton. He was also deeply involved in the propaganda and false intelligence that lead to the Iraq War. In his first address after becoming National Security Advisor he launched a fierce criticism of the Court. Unfortunately, the Court, lacking the cooperation of the United States, Russia, Israel, and a number of influential middle eastern and African nations refuse to recognize the treaty or the Court.

Robert Jackson would have considered Bolton no better than Nazi Foreign Minister Joachim von Ribbentrop. If Bolton and others had been in the dock at Nuremberg for crimes committed during the invasion of Iraq, they would have gone to the gallows.

The refusal of the United States to ratify the Rome Statute and recognize the authority of the ICC is a stain upon our honor and an affront to the civilization and an international community built on law that Jackson and his team of prosecutors hoped to build.

However, in the years since the United States refused to ratify the Rome Statute, things have gone downhill. Bolton of all people resisted the the insane action of a President bent on authoritarian rule and dictatorship. He was fired for his actions and now that President is undermining the good order and discipline of the military by pardoning convicted war criminals despite the opposition of the services and the firing the Secretary of the Navy for refusing one of his demands concerning a SEAL who was one of those war criminals.

The United States under President Trump has not not only followed past Republican administrations and Congresses in failing to ratify the Rome Statute, and the previously mentioned invasion of Iraq as well as countless military operations where innocent civilians died in attempts to kill alleged terrorists, often at weddings. Now the President is pardoning men convicted as war criminals by the U.S. Military, and then ordered the Secretary of Defense too to fire the Secretary of the Navy. In his letter of resignation the Secretary of the Navy Richard Spencer wrote:

As Secretary of the Navy. one the most important responsibilities 1 have to our people is to maintain good order and discipline throughout the ranks. I regard this as deadly serious business. The lives of our Sailors, Marines and civilian teammates quite literally depend on the professional execution of our many missions, and they also depend on the ongoing faith and support of the people we serve and the allies we serve alongside.

The rule of law is what sets us apart from our adversaries. Good order and discipline is what has enabled our victory against foreign tyranny time and again, from Captain Lawrence’s famous order ‘Don’t Give up the Ship,’ to the discipline and determination that propelled our flag to the highest point on Iwo Jima. The Constitution, and the Uniform Code of Military Justice, are the shields that set us apart and the beacons that protect us all. Through my Title Ten Authority, I have strived to ensure our proceedings are fair, transparent and consistent, from the newest recruit to the Flag and General Officer level.

Unfortunately it has become apparent that in this respect. I no longer share the same understanding with the Commander in Chief who appointed me in regards to the key principle of good order and discipline. I cannot in good conscience obey an order that I believe violates the sacred oath I took in the presence of my family, my flag and my faith to support and defend the Constitution of the United States.

The now former Secretary of the Navy sacrificed his office to tell the truth about the nature of President Trump and his administration. It is malignant and the malignancy is spreading to every institution of government designed to protect the Constitution and the principles of the Declaration of Independence.

I am not a person who thinks that institutions alone can prevent war or war crimes, human nature being what it is. Nor do I blindly put my faith in treaties. I agree with British military historian B. H. Liddell-Hart who wrote: We must face the fact that international relations are governed by interests and not by moral principles.

Like Liddell-Hart, I understand that nations are often incredibly bent on their presumed interests. I recognize that the leaders of nations will attempt to evade responsibility for criminal acts committed by their military, polices forces, and intelligence services. I also know that nations often mythologize to the point of lying about their history, and enshrining war criminals and others who abetted genocide as national heroes. Name a country where this is not true, okay, maybe Andorra or Lichtenstein, but almost every nation with any real regional or world political, military, or economic power has done this at some point in their history, but I digress, for now we are doing it ourselves. This is an indictment not just of Donald Trump, but of our nation, whether we be perpetrators, victims, or bystanders.

Jackson’s words in this final part of his address should gave every American with a scintilla of ethics and conscience pause, especially after last weekend. If they don’t then we are truly lost.

Here again are Jackson’s words.

Even the most warlike of peoples have recognised in the name of humanity some limitations on the savagery of warfare. Rules to that end have been embodied in international conventions to which Germany became a party. This code had prescribed certain restraints as to the treatment of belligerents. The enemy was entitled to surrender and to receive quarter and good treatment as a prisoner of war. We will show by German documents that these rights were denied, that prisoners of war were given brutal treatment and often murdered. This was particularly true in the case of captured airmen, often my countrymen.

It was ordered that captured English and American airmen should no longer be granted the status of prisoners of war. They were to be treated as criminals and the Army was ordered to refrain from protecting them against lynching by the populace (R-118). The Nazi Government, through its police and propaganda agencies, took pains to incite the civilian population to attack and kill airmen who crash-landed. The order, given by the Reichsfuehrer S.S., Himmler, on 10th August, 1943, directed that:

“It is not the task of the police to interfere in clashes between German and English and American fliers who have bailed out.”

This order was transmitted on the same day by S.S. Obersturmbannfuehrer Brandof, Himmler’s Personal Staff to all Senior Executive S.S. and Police Officers, with these directions:

“I am sending you the enclosed order with the request that the Chief of the Regular Police and of the Security Police be informed. They are to make this instruction known to their subordinate officers verbally.” (R-110)

Similarly, we will show Hitler’s top secret order, dated 18th October, 1942, that Commandos, regardless of condition, were “to be slaughtered to the last man” after capture. (498-PS) We will show the circulation of secret orders, one of which was signed by Hess, to be passed orally to civilians, that enemy fliers or parachutists were to be arrested or liquidated. (062-PS). By such means were murders incited and directed.

This Nazi campaign of ruthless treatment of enemy forces assumed its greatest proportions in the fight against Russia. Eventually all prisoners of war were taken out of control of the Army and put in the hands of Himmler and the S.S. (058-PS.) In the East, the German fury spent itself. Russian prisoners of war were ordered to be branded. They were starved. I shall quote passages from a letter written 28th February, 1942, by defendant Rosenberg to defendant Keitel:

“The fate of the Soviet prisoners of war in Germany is, on the contrary, a tragedy of the greatest extent. Of 3,600,000 prisoners of war, only several hundred thousand are still able to work fully. A large part of them has starved, or died, because of the hazards of the weather. Thousands also died from spotted fever.

The camp commanders have forbidden the civilian population to put food at the disposal of the prisoners, and they have rather let them starve to death.

In many cases, when prisoners of war could no longer keep up on the march because of hunger and exhaustion, they were shot before the eyes of the horrified population, and the corpses were left.

In numerous camps, no shelter for the prisoners of war was provided at all. They lay under the open sky during rain or snow. Even tools were not made available to dig holes or caves.

Finally, the shooting of prisoners of war must be mentioned; for instance, in various camps, all the ‘Asiatics’ were shot.” (081-PS.)

Civilised usage and conventions, to which Germany was a party, had prescribed certain immunities for civilian populations unfortunate enough to dwell in lands overrun by hostile armies. The German occupation forces, controlled or commanded by men on trial before you, committed a long series of outrages against the inhabitants of occupied territory that would be incredible except for captured orders and captured reports which show the fidelity with which those orders were executed.

We deal here with a phase of common criminality designed by the conspirators as part of the Common Plan. We can appreciate why these crimes against their European enemies were not of a casual character but were planned and disciplined crimes when we get at the reason for them. Hitler told his officers on 22nd August, 1939, that “The main objective in Poland is the destruction of the enemy and not the reaching of a certain geographical line.” (1014-PS.) Those words were quoted. The project of deporting promising youth from occupied territories was approved by Rosenberg on the theory that “a desired weakening of the biological force of the conquered people is being achieved.” (03I-PS) To Germanise or to destroy was the programme. Himmler announced, “Either we win over any good blood that we can use for ourselves and give it a place in our people, or, gentlemen -you may call this cruel, but nature is cruel -we destroy this blood.” As to “racially good types” Himmler further advised, “Therefore, I think that it is our duty to take their children with us, to remove them from their environment, if necessary, by robbing or stealing them.” (L-90.) He urged deportation of Slavic children to deprive potential enemies of future soldiers.

The Nazi purpose was to leave Germany’s neighbours so weakened that even if she should eventually lose the war, she would still be the most powerful nation in Europe. Against this background, we must view the plan for ruthless warfare, which means a plan for the commission of War Crimes and Crimes against Humanity.

Hostages in large numbers were demanded and killed. Mass punishments were inflicted, so savage that whole communities were extinguished. Rosenberg was advised of the annihilation of three unidentified villages in Slovakia. In May of 1943, another village of about 40 farms and 220 inhabitants was ordered to be wiped out. The entire population was ordered to be shot, the cattle and property impounded, and the order required that “the village will be destroyed totally by fire.” A secret report from Rosenberg’s Reich Ministry of Eastern territory, where he was responsible reveals that:

“Food rations allowed to the Russian population are so low that they fail to secure their existence and provide only for minimum subsistence of limited duration. The population does not know if they will still live. They are faced with death by starvation.

The roads are clogged by hundreds of thousands of people, sometimes as many as one million according to the estimate of experts, who wander around in search of nourishment.

Sauckel’s action has caused great unrest among the civilians. Russian girls were deloused by men, nude photos in forced positions were taken, women doctors were locked into freight cars for the pleasure of the transport commanders, women in night shirts were fettered and forced through the Russian towns to the railroad station, etc. All this material has been sent to the OKH.”

Perhaps the deportation to slave-labour was the most horrible and extensive slaving operation in history. On few other subjects is our evidence so abundant and so damaging. In a speech made on 25th January, 1944, the defendant Frank, Governor-General of Poland, boasted: “I have sent 1,200,000 Polish workers into the Reich.” The defendant Sauckel reported that “out of the five million foreign workers who arrived in Germany, not even 200,000 came voluntarily.” This fact was reported to the Fuehrer and to the defendants Speer, Goering, and Keitel. (R-124) Children of 10 to 14 years were impressed into service by telegraphic order of Rosenberg’s Ministry for the Occupied Eastern Territories:

“The Command is further charged with the transferring of worthwhile Russian youth between 10-14 years of age, to the Reich. The authority is not affected by the changes connected with the evacuation and transportation to the reception camps of Bialystok, Krajewo, and Olitei, The Fuehrer wishes that this activity be increased even more. (200-PS.)

When enough labour was not forthcoming, prisoners of war were forced into war work in flagrant violation of international conventions. (016-PS.) Slave labour came from France, Belgium, Holland, Italy, and the East. Methods of recruitment were violent. (R-124, 018-PS, 204-PS,) The treatment of these slave labourers was stated in general terms, not difficult to translate into concrete deprivations, in a letter to the defendant Rosenberg from the defendant Sauckel, which stated:

“All prisoners of war, from the territories of the West as well as of the East, actually in Germany, must be completely incorporated into the German armament and munition industries. Their production must be brought to the highest possible level.”

The complete employment of prisoners of war as well as the use of a gigantic number of new civilian workers, men and women, has become an undisputable necessity for the solution of the mobilisation of labour programme in this war.

All the men must be fed, sheltered and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degrees of expenditure..”( 016-PS.)

In pursuance of the Nazi plan permanently to reduce the living standards of their neighbours and to weaken them physically and economically, a long series of crimes were committed. There was extensive destruction, serving no military purpose, of the property of civilians. Dikes were thrown open in Holland almost at the close of the war, not to achieve military ends but to destroy the resources, and retard the economy, of the thrifty Netherlanders.

There was carefully planned economic siphoning off of the assets of occupied countries. An example of the planning is shown by a report on France dated 7th December, 1942, made by the Economic Research Department of the Reichsbank. The question arose whether French occupation costs should be increased from 15 million Reichsmarks per day to 25 million Reichsmarks per day. The Reichsbank analysed French economy to determine whether it could bear the burden. It pointed out that the armistice had burdened France to that date to the extent of 18 1/ 4 billion Reichsmarks, equalling 370 billion Francs. It pointed out that the burden of these payments within two and a half years equalled the aggregate French national income in the year 1940, and that the amount of payments handed over to Germany in the first six months of 1942 corresponded to the estimate for the total French revenue for that whole year. The report concluded, “In any case, the conclusion is inescapable that relatively heavier tributes have been imposed on France since the armistice in June, 1940, than upon Germany after the First World War. In this connection, it must be noted that the economic powers of France never equalled those of the German Reich, and that the vanquished France could not draw on foreign economic and financial resources in the same degree as Germany after the First World War.”

The defendant Funk was the Reich Minister of Economics and President of the Reichsbank; the defendant Ribbentrop was Foreign Minister; the defendant Goering was Plenipotentiary of the Four-Year Plan; all of them participated in the exchange of views of which this captured document is a part (2149-PS) Notwithstanding this analysis by the Reichsbank, they proceeded to increase the imposition on France from 15 million Reichsmarks to daily to 25 million per day.

It is small wonder that the bottom had been knocked out of French economy. The plan and purpose of the thing appears in a letter from General Stupnagel, head of the German Armistice Commission, to the defendant Jodl as early as 14th September, 1940, when he wrote: “The slogan ‘Systematic weakening of France’ has already been surpassed by far in reality.”

Not only was there a purpose to debilitate and demoralise the economy of Germany’s neighbours for the purpose of destroying their competitive position, but there was looting and pilfering on an unprecedented scale. We need not be hypocritical about this business Of looting. I recognise that no army moves through occupied territory without some pilfering as it goes. Usually the amount of pilfering increases as discipline wanes. If the evidence in this case showed no looting except of that sort, I certainly would ask no conviction of these defendants for it.

But we will show you that looting was not due to the lack of discipline or to the ordinary weaknesses of human nature. The German organised plundering, planned it, disciplined it, and made it official just as he organised everything else, and then he compiled the most meticulous records to show that he had done the best job of looting that was possible under the circumstances. And we have those records.

The defendant Rosenberg was put in charge of a systematic plundering of the objet d’art of Europe by direct order of Hitler dated 29th January 1940. (136-PS) On the 16th April, 1943, Rosenberg reported that up to the 7th April, ninety-two railway cars with 2,775 cases containing objets d’art had been sent to Germany; and that fifty-three pieces of art had been shipped to Hitler direct and 594 to the defendant Goering. (015-PS) The report mentioned something like 20,000 pieces of seized art and the main locations where they were stored.

Moreover, this looting was glorified by Rosenberg. Here we have thirty-nine leather-bound tabulated volumes of his inventory, which in due time we will offer in evidence. One cannot but admire the artistry of this Rosenberg report. The Nazi taste was cosmopolitan. Of the 9,455 articles inventories, there were included 5,255 paintings, 297 sculptures, 1,372 pieces of antique furniture, 307 textiles, and 2,224 small objects of art. Rosenberg observed that there were approximately 10,000 more objects still to be inventoried. (015-PS.) Rosenberg himself estimated that the values involved would come close to a billion dollars. (090-PS.)

I shall not go into further details of the War Crimes and Crimes against Humanity committed by the Nazi gangster ring whose leaders are before you. It is not the purpose in my part of this case to deal with the individual crimes. I am dealing with the Common Plan or design for crime and will not dwell on individual offences. My task is to show the scale on which those crimes occurred, and to show that these are the men who were in the responsible positions and who conceived the plan and design which renders them answerable, regardless of the fact that the plan was actually executed by others.

At length, this reckless and lawless course outraged the world. It recovered from the demoralisation of surprise attack, assembled its forces and stopped these men in their tracks. Once success deserted their banners, one by one the Nazi satellites fell away. Sawdust Caesar collapsed. Resistance forces in every occupied country arose to harry the invader. Even at home, Germans saw that Germany was being led to ruin by those mad men, and the attempt on 20th July, 1944, to assassinate Hitler, an attempt fostered by men of highest station, was a desperate effort by internal forces in Germany to stop short of ruin. Quarrels broke out among the failing conspirators, and the decline of the Nazi power was more swift than its ascendancy. German armed forces surrendered, its government disintegrated, its leaders committed suicide by the dozen, and by the fortunes of war these defendants fell into our hands. Although they are not, by any means, all the guilty ones, they are survivors among the most responsible. Their names appear over and over again in the documents and their faces grace the photographic evidence. We have here the surviving top politicians, militarists, financiers, diplomats, administrators, and propagandists, of the Nazi movement. Who was responsible for these crimes if they were not?

The end of the war and capture of these prisoners presented the victorious Allies with the question whether there is any legal responsibility on high-ranking men for acts which I have described. Must such wrongs either be ignored or redressed in hot blood? Is there no standard in the law for a deliberate and reasoned judgement on such conduct?

The Charter of this Tribunal evidences a faith that the law is not only to govern the conduct of little men, but that even rulers are, as Lord Chief Justice Coke it to King James, “under God and the law.” The United States believed that the law has long afforded standards by which a juridical hearing could be conducted to make sure that we punish only the right men and for the right reasons. Following the instructions of the late President Roosevelt and the decision of the Yalta Conference, President Truman directed representatives of the United States to formulate a proposed International Agreement, which was submitted during the San Francisco Conference to the Foreign Ministers of the United Kingdom, the Soviet Union, and the Provisional Government of France. With many modifications, that proposal has become the Charter of this tribunal.

But the Agreement which sets up the standards by which these prisoners are to be judged does not express the views of the signatory nations alone. Other nations with diverse but highly respected systems of jurisprudence also have signified adherence to it. These are Belgium, The Netherlands, Denmark, Norway, Czechoslovakia, Luxembourg, Poland, Greece, Yugoslavia, Ethiopia, Australia, Haiti, Honduras, Panama, New Zealand, Venezuela and India. You judge, therefore, under an organic act which represents the wisdom, the sense of justice, and the will of twenty-one governments, representing an overwhelming majority of all civilised people.

The Charter by which this Tribunal has its being, embodies certain legal concepts which are inseparable from its jurisdiction and which must govern its decision. These, as I have said, also are conditions attached to the grant of any hearing to defendants. The validity of the provisions of the Charter is conclusive upon us all, whether we have accepted the duty of judging or of prosecuting under it, as well as upon the defendants, who can point to no other law which gives them a right to be heard at all. My able and experienced colleagues believe, as do I, that it will contribute to the expedition and clarity of this trial if I expound briefly the application of the legal philosophy of the Charter to the facts I have recited.

While this declaration of the law by the Charter is final, it may be contended that the prisoners on trial are entitled to have it applied to their conduct only most charitably if at all. It may be said that this is new law, not authoritatively declared at the time they did the acts it condemns, and that this declaration of the law has taken them by surprise.

I cannot, of course, deny that these men are surprised that this is the law; they really are surprised that there is any such thing as law. These defendants did not rely on any law at all. Their programme ignored and defied all law. That this is so will appear from many acts and statements, of which I cite but a few. In the Fuehrer’s speech to all military commanders on 23rd November, 1939, he reminded them that at the moment Germany had a pact with Russia, but declared “Agreements are to be kept only as long as they serve a certain purpose.” Later in the same speech he announced “A violation of the neutrality of Holland and Belgium will be of no importance.” (789-PS.) A Top Secret document, entitled ” Warfare as a Problem of Organisation,” dispatched by the Chief of the High Command to all Commanders on 19th April, 1938, declared that “the normal rules of war toward neutrals must be considered to apply on the basis whether operation of these rules will create greater advantages or disadvantages for the belligerents. (L-211.) And from the files of the German Navy Staff, we have a “Memorandum on Intensified Naval War,” dated 15th October, 1939, which begins by stating a desire to comply with International Law. “However,” it continues, “if decisive successes are expected from any measure considered as a war necessity, it must be carried through even if it is not in agreement with International Law.” (L-184) International Law, Natural Law, German Law, any law at all was to these men simply a propaganda device to be invoked when it helped and to be ignored when it would condemn what they wanted to do. That men may be protected in relying upon the law at the time they act is the reason we find laws of retrospective operation unjust. But these men cannot bring themselves within the reason of the rule which in some systems of jurisprudence prohibits ex post facto laws. They cannot show that they ever relied upon International Law in any state or paid it the slightest regard.

The Third Count of the Indictment is based on the definition of War Crimes contained in the Charter. I have outlined to you the systematic course of conduct toward civilian populations and combat forces which violates international conventions to which Germany was a party. Of the criminal nature of these acts at least, the defendants had, as we shall show, knowledge. Accordingly, they took pains to conceal their violations. It will appear that the defendants Keitel and Jodl were informed by official legal advisers that the orders to brand Russian prisoners of war, to shackle British prisoners of war, and to execute Commando prisoners were clear violations of International Law. Nevertheless, these orders were put into effect. The same is true of orders issued for the assassination of General Giraud and General Weygand, which failed to be executed only because of a ruse on the part of Admiral Canaris, who was himself later executed for his part in the plot to take Hitler’s life on 20th July, 1944.

The Fourth Count of the Indictment is based on Crimes against Humanity. Chief among these are mass killings of countless human beings in cold blood. Does it take these men by surprise that murder is treated as a crime?

The First and Second Counts of the Indictment add to these crimes the crime of plotting and waging wars of aggression and wars in violation of nine treaties to which Germany was a party. There was a time, in fact, I think, the time of the first World War, when it could not have been said that war inciting or war making was a crime in law, however reprehensible in morals.

Of course, it was, under the law of all civilised peoples, a crime for one man with his bare knuckles to assault another. How did it come about that multiplying this crime by a million, and adding fire-arms to bare knuckles, made it a legally innocent act? The doctrine was that one could not be regarded as criminal for committing the usual violent acts in the conduct of legitimate warfare. The age of imperialistic expansion during the eighteenth and nineteenth centuries added the foul doctrine, contrary to the teachings of early Christian and International Law scholars such as Grotius, that all wars are to be regarded as legitimate wars. The sum of these two doctrines was to give war-making a complete immunity from accountability to law.

This was intolerable for an age that called itself civilised. Plain people, with their earthy common sense, revolted at such fictions and legalisms so contrary to ethical principles and demanded checks on war immunities. Statesmen and international lawyers at first cautiously responded by adopting rules of warfare designed to make the conduct of war more civilised. The effort was to set legal limits to the violence that could be done to civilian populations and to combatants as well.

The common sense of men after the First World War demanded, however, that the law’s condemnation of war reach deeper, and that the law condemn not merely uncivilised ways of waging war, but also the waging in any way of uncivilised wars -wars of aggression. The world’s statesmen again, went only as far as they were forced to go. Their efforts were timid and cautious and often less explicit than we might have hoped. But the 1920′ s did outlaw aggressive war.

The re-establishment of the principle that there are unjust wars and that unjust wars are illegal is traceable in many steps. One of the most significant is the Briand-Kellogg Pact of 1928, by which Germany, Italy and Japan, in common with practically all nations of the world, renounced war as an instrument national policy, bound themselves to seek the settlement of disputes only by pacific means, and condemned recourse to war for the solution of international controversies. This pact altered the legal status of a war of aggression. As Mr. Stimson, the United States Secretary of State put it in 1932, such a war “is no longer to be the source and subject of rights. It is no longer to be the principle around which the duties, the conduct, and the rights of nations revolve. It is an illegal thing… By that very act, we have made obsolete many legal precedents and have given the legal profession the task of re-examining many of its codes and treaties.”

The Geneva Protocol of 1924 for the Pacific Settlement of International Disputes, signed by the representatives of forty-eight governments, declared that “a war of aggression constitutes an international crime.” The Eighth Assembly of the League of Nations in 1927, on unanimous resolution of the representatives forty-eight member nations, including Germany, declared that a war of aggression constitutes an international crime. At the Sixth Pan-American Conference of 1928, the twenty-one American Republics unanimously adopted a resolution stating that “war of aggression constitutes an international crime against the human species.”

A failure of these Nazis to heed, or to understand the force and meaning of this evolution in the legal thought of the world, is not a defence or a mitigation. If anything, it aggravates their offence and makes it the more mandatory that the law they have flouted be vindicated by juridical application to their lawless conduct. Indeed, by their own law -had they heeded any law -these principle were binding on these defendants. Article 4 of the Weimar Constitution provided that ” The generally accepted rules of International Law are to be considered as binding integral parts of the law of the German Reich.” (2050-PS.) Can there be any that the outlawry of aggressive war was one of the “generally accepted rules of International Law” in 1939?

Any resort to war -to any kind of a war -is a resort to means that are inherently criminal. War inevitably is a course of killings, assaults, deprivations of liberty, and destruction of property. An honestly defensive war is, of course, legal and saves those lawfully conducting it from criminality. But inherently criminal acts cannot be defended by showing that those who committed them were engaged of in a war, when war itself is illegal. The very minimum legal consequence of the treaties making aggressive wars illegal is to strip those who incite or wage them of every defence the law ever gave, and to leave war-makers subject to judgement by the usually accepted principles of the law of crimes.

But if it be thought that the Charter, whose declarations concededly bind us all, does contain new Law I still do not shrink from demanding its strict application by this Tribunal. The rule of law in the world, flouted by the lawlessness incited by these defendants, had to be restored at the cost to my country of over a million casualties, not to mention those of other nations. I cannot subscribe to the perverted reasoning that society may advance and strengthen the rule of law by the expenditure of morally innocent lives, but that progress in the law may never be made at the price of morally guilty lives.

It is true, of course, that we have no judicial precedent for the Charter. But International Law is more than a scholarly collection of abstract and immutable principles. It is an outgrowth of treaties and agreements between nations and of accepted customs. Yet every custom has its origin in some single act, and every agreement has to be initiated by the action of some State. Unless we are prepared to abandon every principle of growth for International Law, we cannot deny that our own day has the right to institute customs and to conclude agreements that will themselves become sources of a newer and strengthened International Law. International Law is not capable of development by the normal processes of legislation, for there is no continuing international legislative authority. Innovations and revisions in International Law are brought about by the action of governments such as those I have cited, designed to meet a change in circumstances, It grows, as did the Common Law, through decisions reached from time to time in adapting settled principles new situations. The fact is that when the law evolves by the case method, as did the Common Law and as International Law must do if they are to advance at all, it advances at the expense of those who wrongly guessed the law and learned too late their error. The law, as far as International Law can be decreed, had been clearly pronounced when these acts took place. Hence we are not disturbed by the lack of judicial precedent for the inquiry it is proposed to conduct.

The events I have earlier recited clearly fall within the standards of crimes, set out in the Charter, whose perpetrators this Tribunal is convened to judge and to punish fittingly. The standards for War Crimes and Crimes against Humanity are too familiar to need comment. There are, however, certain novel problems in applying other precepts of the Charter which I should call to your attention.

A basic provision of the Charter is that to plan, prepare, initiate, or wage a war of aggression, or a war in violation of international treaties, agreements, and assurances, or to conspire or participate in a common plan to do so, is a crime.

It is perhaps a weakness in this Charter that it fails itself to define a war of aggression. Abstractly, the subject is full of difficult and all kinds of troublesome hypothetical cases can be conjured up. It is a subject which, if the defence should be permitted to go afield beyond the very narrow charge ion the Indictment, would prolong the trial and involve the Tribunal in insoluble political issues. But so far as the question can property be involved in this case, the issue is one of no novelty and is one on which legal opinion has well crystallised.

One of the most authoritative sources of International Law on this subject is the Convention for the Definition of Aggression signed at London on 3rd July, 1933, by Roumania, Estonia, Latvia, Poland, Turkey, the Soviet Union, Persia and Afghanistan. The subject has also been considered by international committees and by commentators whose views are entitled to the greatest respect. It had been little discussed prior to the First World War but has received much attention as International Law has evolved its outlawry of aggressive war. In the light of these materials of International Law, and so far as relevant to the evidence in this case, I suggest that an “aggressor ” is generally held to be that state which is the first to commit any of the following actions:

(1) Declaration of war upon another State;

(2) Invasion by its armed forces, with or without a declaration of war, of the territory of another State;

(3) Attack by its land, naval, or air forces, with or without a declaration of war, on the territory, vessels or aircraft of another State; and

(4) Provision of support to armed bands formed in the territory of another State, or refusal, notwithstanding the request of the invaded State, to take in its own territory, all the measures in its power to deprive those bands of all assistance or protection.

And I further suggest that it is the general view that no political, military, economic or other considerations shall serve as an excuse or justification for such actions but exercise of the right of legitimate self-defence -that is to say, resistance to an act of aggression, or action to assist a State which has been subjected to aggression, shall not constitute a war of aggression.

It is upon such an understanding of the law that our evidence of a conspiracy to provoke and wage an aggressive war is prepared and presented. By this test each of the series of wars begun by these Nazi leaders was unambiguously aggressive.

It is important to the duration and scope of this trial that we bear in mind the difference between our charge that this war was one of aggression and a position that Germany had no grievances. We are not inquiring into the conditions which contributed to causing this war. They are for history to unravel. It is no part of our task to vindicate the European status quo as of 1933, or as of any other date. The United States does not desire to enter into discussion of the complicated pre-war currents of European politics, and it hopes this trial will not be protracted by their consideration. The remote causations avowed are too insincere and inconsistent, too complicated and doctrinaire to be the subject of profitable inquiry in this trial. A familiar example is to be found in the “Lebensraum” slogan, which summarised the contention that Germany needed more living space as a justification for expansion. At the same time that the Nazis were demanding more space for the German people, they were demanding more German people to occupy space. Every known means to increase the birth rate, legitimate and illegitimate, was utilised. “Lebensraum” represented a vicious circle of demand-from neighbours more space, and from Germans more progeny. We need not investigate the verity of doctrines which led to constantly expanding circles of aggression. It is the plot and the act of aggression which we charge to be crimes.

Our position is that whatever grievances a nation may have, however objectionable it finds the status quo, aggressive warfare is not a legal means for settling those grievances or for altering those conditions. It may be that the Germany of the 1920′ s and 1930′ s faced desperate problems, problems that would have warranted the boldest measures short of war. All other methods -persuasion, propaganda, economic competition, diplomacy-were open to an aggrieved country, but aggressive warfare was outlawed. These defendants did make aggressive war, a war in violation of treaties. They did attack and invade their neighbours in order to effectuate a foreign policy which they knew could not be accomplished by measures short of war. And that is as far as we accuse or propose to inquire.

The Charter also recognises individual responsibility on the part of those who commit acts defined as crimes, or who incite others to do so, or who join a common plan with other persons, groups or organisations to bring about their commission.

The principle of individual responsibility for piracy and brigandage, which have long been recognised as crimes punishable under International Law, is old and well established. That is what illegal warfare is. This principle of personal liability is a necessary as well as a logical one if International Law is to render real help to the maintenance of peace. An International Law which operates only on States can be enforced only by war because the most practicable method of coercing a State is warfare. Those familiar with American history know that one of the compelling reasons for adoption of our Constitution was that the laws of the Confederation, which operated only on constituent States, were found in-effective to maintain order among them. The only answer to recalcitrance was impotence or war. Only sanctions which reach individuals can peacefully and effectively be enforced. Hence, the principle of the criminality of aggressive is implemented by the Charter with the principle of personal responsibility.

Of course, the idea that a State, any more than a corporation, commits crimes, is a fiction. Crimes always are committed only by persons. While it is quite proper to employ the fiction of responsibility of a State or corporation for the purpose of imposing a collective liability, it is quite intolerable to let such a legalism become the basis of personal immunity.

The Charter recognises that one who has committed criminal acts may not take refuge in superior orders nor in the doctrine that his crimes were acts of States. These twin principles, working together, have heretofore resulted in immunity for practically everyone concerned in the really great crimes against peace and mankind. Those in lower ranks were protected against liability by the orders of their superiors. The superiors were protected because their orders were called acts of State. Under the Charter, no defence based on either of these doctrines can be entertained. Modern civilisation puts unlimited weapons of destruction in the hands of men. It cannot tolerate so vast an area of legal irresponsibility.

Even the German Military Code provides that:

“If the execution of a military order in the course of duty violates the criminal law, then the superior officer giving the order will bear the sole responsibility therefor. However, the obeying subordinate will share the punishment of the participant: (1) if he has exceeded the order given to him, or (2) if it was within his knowledge that the order of his superior officer concerned an act by which it was intended to commit a civil or military crime or transgression.” (Reichsgesetzblatt, 1926, No. 37, P. 278, Art. 47)

Of course, we do not argue that the circumstances under which one commits an act should be disregarded in judging its legal effect. A conscripted private on a firing squad cannot expect to hold an inquest on the validity of the execution. The Charter implies common sense limits to liability, just as it places common sense limits upon immunity. But none of these men before you acted in minor parts. Each of them was entrusted with broad discretion and exercised great power. Their responsibility is correspondingly great and may not be shifted to that fictional being, “the State,” which cannot be produced for trial, cannot testify, and cannot be sentenced.

The Charter also recognises a vicarious liability, which responsibility is recognised by most modern systems of law, for acts committed by others in carrying out a common plan or conspiracy to which the defendant has become a party. I need not discuss the familiar principles of such liability. Every day in the courts of countries associated in this prosecution, men are convicted for acts that they did not personally commit, but for which they were held responsible of membership in illegal combinations or plans or conspiracies.

Accused before this Tribunal as criminal organisations, are certain political police organisations which the evidence will show to have been instruments of cohesion in planning and executing the crimes I have detailed. Perhaps the worst of the movement were the Leadership Corps of the N.S.D.A.P., the Schutz-stappeln or “S.S.,” and the Sturmabteilung or “S.A.,” and the subsidiary formations which these include. These were the Nazi Party leadership, espionage, and policing groups. They were the real government, above and outside of any law. Also accused as organisations are the Reich Cabinet and the Secret Police, or Gestapo, which were fixtures of the Government but animated solely by the Party.

Except for a late period when some compulsory recruiting was done in the S.S. membership in all these militarised organisations was voluntary. The police organisations were recruited from ardent partisans who enlisted blindly to do the dirty work the leaders planned. The Reich Cabinet was the governmental facade for Nazi Party Government and in its members legal as well as actual responsibility was vested for the programme. Collectively they were responsiblefor the programme in general, individually they were especially reponsible for segments of it. The finding which we will ask you to make, that these are criminal organisations, will subject members to punishment to be hereafter determined by appropriate tribunals, unless some personal defence -such as becoming a member under threat to person or to family, or inducement by false respresentation, or the like be established. Every member will have a chance to be heard in the subsequent forum on his personal relation to the organisation, but your finding in this trial will conclusively establuish the criminal character of the organisation as a whole.

We have also accused as criminal organisations the High Command and the General Staff of the German Armed Forces. We recognise that to plan warfare is the business of professional soldiers in all countries. But it is one thing to plan strategic moves in the event of war coming, and it is another thing to plot and intrigue to bring on that war. We will prove the leaders of the German General Staff and of the High Command to have been guilty of just that. Military men are not before you because they served their country. They are here because they mastered it, and along with others, drove it to war. They are not here because they lost the war, but because they started it. Politicians may have thought of them as soldiers, but soldiers know they were politicians. We ask that the General Staff and the High Command, as defined in the Indictment, be condemned as a criminal group whose existence and tradition constitute a standing menace to the peace of the world.

These individual defendants did not stand alone in crime and will not stand alone in punishment. Your verdict of “guilty” against these organisations will render prima facie, as nearly as we can learn, thousands upon thousands of members now in custody of the United States and of other Armies. To apply the sanctions of the law for the programme in general, individually they were especially reponsible for segments of it. The finding which we will ask you to make, that these are criminal organizations, will subject members to punishment to be hereafter determined by appropriate tribunals, unless some personal defence -such as becoming a member under threat to person or to family, or inducement by false respresentation, or the like be established. Every member will have a chance to be heard in the subsequent forum on his personal relation to the organisation, but your finding in this trial will conclusively establuish the criminal character of the organisation as a whole.

We have also accused as criminal organisations the High Command and the General Staff of the German Armed Forces. We recognise that to plan warfare is the business of professional soldiers in all countries. But it is one thing to plan strategic moves in the event of war coming, and it is another thing to plot and intrigue to bring on that war. We will prove the leaders of the German General Staff and of the High Command to have been guilty of just that. Military men are not before you because they served their country. They are here because they mastered it, and along with others, drove it to war. They are not here because they lost the war, but because they started it. Politicians may have thought of them as soldiers, but soldiers know they were politicians. We ask that the General Staff and the High Command, as defined in the Indictment, be condemned as a criminal group whose existence and tradition constitute a standing menace to the peace of the world.

These individual defendants did not stand alone in crime and will not stand alone in punishment. Your verdict of “guilty” against these organisations will render prima facie, as nearly as we can learn, thousands upon thousands of members now in custody of the United States and of other Armies.

To apply the sanctions of the law to those whose conduct is found criminal by the standards I have outlined, is the responsibility committed to this Tribunal. It is the first court ever to undertake the difficult task of overcoming the confusion of many tongues the conflicting concepts of just procedure among divers systems of law, so as to reach a common judgement. The tasks of all of us are such as to make heavy demands on patience and good will. Although the need for prompt action has admittedly resulted in imperfect work on the part of the prosecution, our great nations bring you their hurriedly assembled contributions of evidence. What remains undiscovered we can only guess. We could, with testimony, prolong the recitals of crime for years -but to what avail? We shall rest the case when we have offered what seems convincing and adequate proof of the crimes charged without unnecessary cumulation of evidence. We doubt very much whether it will be seriously denied that the crimes I have outlined took place. The effort will undoubtedly be to mitigate or escape personal responsibility.

Among the nations which unite in accusing these defendants, the United States is perhaps in a position to be the most dispassionate, for having sustained the least injury, it is perhaps the least animated by vengeance. Our American cities have not been bombed by day and by night, by humans, and by robots. It is not our temples that have been laid in ruins. Our countrymen have not had their homes destroyed over their heads. The menace of Nazi aggression, except to those in actual service, has seemed less personal and immediate to us than to European peoples. But while the United States is not first in rancour, it is not second in determination that the forces of law and order be made equal to the task of dealing with such international lawlessness as I have recited here.

Twice in my lifetime, the United States has sent its Young manhood across the Atlantic, drained its resources, and burdened itself with debt to help defeat Germany. But the real hope and faith that has sustained the American people in these great efforts was that victory for ourselves and our Allies would lay the basis for an ordered international relationship in Europe and would end the centuries of strife on this embattled continent.

Twice we have held back in the early stages of European conflict in the belief that it might be confined to a purely European affair. In the United States, we have tried to build an economy without armament, a system of government without militarism, and a society where men are not regimented for war. This purpose, we know, now, can never be realised if the world periodically is to be embroiled in war. The United States cannot, generation after generation, throw its youth or its resources on to the battlefields of Europe to redress the lack of balance between Germany’s strength and that of her enemies, and to keep the battles from our shores.

The American dream of a peace and plenty economy, as well as the hopes of other nations, can never be fulfilled if these nations are involved in a war every generation, so vast and devastating as to crush the generation that fights and but burden the generation that follows. Experience has shown that wars are no longer local. All modem wars become world wars eventually. And none of the big nations at least can stay out. If we cannot stay out of wars, our only hope is to prevent wars.

I am too well aware of the weaknesses of juridical action alone to contend that in itself your decision under this Charter can prevent future wars. Judicial action always comes after the event. Wars are started only on the theory and in the confidence that they can be won. Personal punishment, to be suffered only in the event the war is lost, will probably not be a sufficient deterrent to prevent a war where the warmers feel the chances of defeat to be negligible.

But the ultimate step in avoiding periodic wars, which are inevitable in systems of international lawlessness, is to make statesmen responsible to law. And let me make clear that while this law is first applied against German aggressors, the law includes, and if it is to serve a useful purpose it must condemn, aggression by any other nations, including those who sit here in judgement. We are able to do away with domestic tyranny and violence and aggression by those in power against the rights of their own people when we make all men answerable to the law. This trial represents mankind’s desperate effort to apply the discipline of law who have used, their powers of state to attack the foundations of the world’s peace, and to commit aggression against The rights of their neighbors.

The usefulness of this effort to do justice is not to be measured by considering the law or your judgment in isolation. This trial is a part of the great effort to make peace more secure. One step in this is direction is the United Nations organization, which may take joint political action to prevent war if possible, and joint military action to insure that any nation which starts a war will lose it. This Charter and this trial, implementing the Kellogg-Briand Pact, constitute another step in the same direction – juridical action of a kind to ensure that those who start a war will pay for it personally.

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

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

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

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

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

Until tomorrow,

Peace,

Padre Steve+

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“The Spearhead of Terror” Nazi Anti-Semitism and Robert Jackson’s Opening Statement at Nuremberg

Friends of Padre Steve’s World,

I return again to the Nuremberg Trials and the opening statement of the American Chief Prosecutor, Supreme Court Justice Robert Jackson. Today I do it with a heavier heart than usual in the wake of Trump’s firing of Secretary of the Navy Richard Spencer for resisting Trump’s order to allow a convicted war criminal from retaining his SEAL Trident following ordering the Navy to restore his rank so he could retire. These are the kinds of incidents that led to Hitler succeeding in turning the Wehrmacht, the German Armed Forces into a compromised organ of state that for the most part did his bidding with few complaints as long as victory looked certain. With today’s action Trump took his first real movement to compromise the military and turn it into his instrument of terror.

The nine volumes of the trial proceedings are something that anyone that studies the Nazi period, or international law must read. In reading them one gets a feel for the process itself and the overall fairness of it.

Jackson’s opening and closing statements in the trial are considered to be among the most important and compelling addresses in legal history, as well as masterful rhetoric which connected with the audience and still do today. One legal analyst wrote:

The form components connected with all who participated as an audience at the time and kept the attentiveness of the audience, to change international criminal law forever. The settings broke, and notably continue to break, down the barriers for even those who still read the discourse today. Finally, the narrative’s connectivity is an absolute active function, as the memory and legacy of the tragedy that the Nazis inflicted upon humanity will forever evoke emotion for anyone exposed to this opening statement… With its emotional charge, legal rationale, and human viewpoint, it cannot be denied that this narrative not only held a strong rhetorical effectiveness for the judicial panel hearing the case, but also the world at the time it was given. Patrick Iyampillai, “A Grave Responsibility: A Rhetorical Critique of the Opening Statement at Nuremberg Using the Narrative Perspective”

I have posted with commentary Jackson’s introduction, and his discussion of the Nazi battles against Free Labor Unions, and the Churches. Today I move on to his discussion of the criminal racial Nazi War Against the Jews in Germany and across occupied Europe. This is one of the most important aspects of his opening statement because of its relevance today as anti-Semitism and violence against Jews grows more open and more common in Europe and the United States.

When you read them you get a sense of the moral authority that Jackson championed and the manner in which he tied these crimes in to the the crimes that he previously had dealt with in his speech before the tribunal.

I have read many authoritative histories of the Holocaust and the Nazi genocide committed against the Jews. I have also read the accounts of the Nazi perpetrators. These are vitality important, but what is often missing from them is Jackson’s skill as a prosecutor to hammer away at the guilt of those who committed these heinous actions. Sometimes a detached historian attempting to convey the facts, fails provide the moral rhetoric of a prosecutor to fully convey the extent of the evil that was committed by the Nazis Against the Jews. Thus, Jackson’s speech should be a jumping off point before one begins to study the Holocaust. It may not sound fair, but one has to understand the moral outrage of the Nazi crimes before one can appreciate the truth about the Nazi crimes.

https://encyclopedia.ushmm.org/content/en/film/screening-of-concentration-camp-film-footage

Sadly, the crimes of the Nazis evoke little outrage today. When neo-Nazis demonstrated in Charlottesville in the summer of 2017, killing a counter-protestor and beating others, President Trump equivocated and said that there “were very good people on both sides.” Time after time we witness the spectacle of political leaders in the United States, Hungary, Poland, Germany, France, and Russia using blatant anti-Semitism, and racism to remind others that they are the superior race; and most of their supporters make no protest. The examples of their political words, and the crimes directly linked to racism and anti-Semitism are now far too numerous to even bother to list, and they are added to on what seems like a daily basis.

Do not get me wrong, history is important, facts matter, and anti-Semitism and racism are a poison that seems to infect the human race. Historian Christopher Browning wrote:

“I fear that we live in a world in which war and racism are ubiquitous, in which the powers of government mobilization and legitimization are powerful and increasing, in which a sense of personal responsibility is increasingly attenuated by specialization and bureaucratization, and in which the peer group exerts tremendous pressures on behavior and sets moral norms. In such a world, I fear, modern governments that wish to commit mass murder will seldom fail in their efforts for being unable to induce “ordinary men” to become their “willing executioners.”

 

The Nazis were guilty. Their crimes were horrific, and one cannot as a human being simply relegate them to the depths of history when before our eyes their apologists seek to again use race hatred to gain power; in some countries they are The stakes are far too high. As historian Timothy Snyder has so poignantly written:

“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 fact is what happened in the Holocaust was not an aberration of human nature. Genocide is not confined to the Nazis. Rwanda, Cambodia, Armenia, the Balkans, Nanking, Stalin’s genocide of Ukrainians, Kazakhs, Belorussians, and other non-Russian citizens of the Soviet Union, and the American extermination of the indigenous Native American tribes are not ancient history. Historian Gerhard Weinberg wrote:

“It’s very, very important for people to get a sense of what the potentialities of people really are, what the dangers of ignorance can be. It is in this context, that a supposedly advanced society risks descending into the sewer, that the Holocaust is a warning to people who think of themselves as an advanced, modern society

With that, I give you Jackson’s dissection of the Nazi Crimes Against the Jews which he delivered on the afternoon of November 21st, 1945.

The most savage and numerous crimes committed by the Nazis were those against the Jews. Those in Germany, in 1933, numbered about 500,000. In the aggregate, they had made for themselves positions which excited envy, and had accumulated properties which excited the avarice of the Nazis. They were few enough to be helpless and numerous enough to be held up as a menace.

Let there be no misunderstanding about the charge of persecuting Jews. What we charge against these defendants is not those arrogances and pretensions which frequently accompany the intermingling of different peoples and which are likely, despite the honest efforts of Government, to produce regrettable crimes and convulsions. It is my purpose to show a plan and design to which all Nazis were fanatically committed to annihilate all Jewish people. These crimes were organised and promoted by the Party Leadership, executed and protected by the Nazi officials, as we shall convince you by written orders of the Secret State Police itself.

The persecution of the Jews was a continuous and deliberate policy. It was a policy directed against other nations as well as against the Jews themselves. Anti-Semitism was promoted to divide and embitter the democratic peoples and to soften their resistance to the Nazi aggression. As Robert Ley declared in Der Angriff on 14 May, 1944, “the second German secret weapon is Anti-Semitism because, if it is constantly pursued by Germany, it will become a universal problem which all nations will be forced to consider.”

Anti-Semitism also has been aptly credited with being a “spearhead of terror.” The ghetto was the laboratory for testing repressive measures. Jewish property was the first to be expropriated, but the custom grew and included similar measures against Anti-Nazi Germans, Poles, Czechs, Frenchmen, and Belgians. Extermination of the Jews enabled the Nazis to bring a practised hand to similar measures against Poles, Serbs, and Greeks. The plight of the Jew was a constant threat to opposition or discontent among other elements of Europe’s population -Pacifists, Conservatives, Communists, Catholics, Protestants, Socialists. It was in fact, a threat to every dissenting opinion and to every non-Nazi’s life.

The persecution policy against the Jews commenced with non-violent measures, such as disfranchisement and discriminations against their religion, and the placing of impediments in the way of success in economic life. It moved rapidly to organised mass violence against them, physical isolation in ghettos, deportation, forced labour, mass starvation, and extermination. The Government, the Party formations indicted before you as criminal organisations, the Secret State Police, the Army, private and semi-public associations, and “spontaneous” mobs that were carefully inspired from official sources, were all agencies that were concerned in this persecution. Nor was it directed against individual Jews for personal bad citizenship or unpopularity. The avowed purpose was the destruction of the Jewish people as a whole, as an end in itself, as a measure of preparation for war, and as a discipline for conquered peoples.

The conspiracy or common plan to exterminate the Jew was so methodically and thoroughly pursued, that despite the German defeat and Nazi prostration this Nazi aim largely has succeeded. Only remnants of the European Jewish population remain in Germany, in the countries which Germany occupied, and in those which were her satellites or collaborators. Of the 9,600,000Jews who lived in Nazi-dominated Europe, 6o per cent. are authoritatively estimated to have perished-5,700,000 Jews are missing from the countries in which they formerly lived, and over 4,500,000 cannot be accounted for by the normal death rate nor by immigration; nor are they included among displaced persons. History does not record a crime ever perpetrated against so many victims or one ever carried out with such calculated cruelty.

You will have difficulty, as I have, to look into the faces of these defendants and believe that in this Twentieth Century human beings could inflict such sufferings as will be proved here, on their own countrymen as well as upon their so-called “inferior” enemies. Particular crimes, and the responsibility defendants for them, are to be dealt with by the Soviet Government’s Counsel, when committed in the East, and by Counsel for the Republic of France committed in the West. I advert to them only to show their magnitude as evidence of a purpose and a knowledge common to all defendants, of an official plan rather than of a capricious policy of some individual commander, and to show such a continuity of Jewish persecution, from the rise of the Nazi conspiracy to its collapse, as forbids us to believe that any person could be identified with any part of Nazi action without approving this most conspicuous item in their programme.

The Indictment itself recites many evidences of the anti-Semitic persecutions. The defendant Streicher led the Nazis in anti-Semitic bitterness and extremism. In an article appearing in Der Sturmer on 19th March, he complained that Christian teachings have stood in the way of “racial solution of the Jewish question in Europe,” and quoted enthusiastically as the Twentieth Century solution the Fuehrer’s proclamation Of 24th February, 1943, that “the Jew will be exterminated.” And on 4th November, 1943, Streicher declared in Der Sturmer that the Jews “have disappeared from Europe and that the Jewish ‘Reservoir of the East’ from which the Jewish plague has for centuries beset the people of Europe, has ceased to exist.” Streicher now has the effrontery to tell us he is “only a Zionist”; he says he only wants to return the Jews to Palestine.

But on 7th May, 1942, his newspaper Der Sturmer had this to say: “It is also not only a European problem! The Jewish question is a world question! Not only is Germany not safe in the face of the Jews as long as one Jew lives in Europe, but also the Jewish question is hardly solved in Europe so long as Jews live in the rest of the world.”

Hans Frank Hitler’s Lawyer and Governor General of Occupied Poland

And the defendant Hans Frank, a lawyer by profession I say with shame, summarised in his diary in 1944 the Nazi policy thus:

“The Jews are a race which has to be eliminated; whenever we catch one, it is his end.” (Document No. 2233-PS, Vol. 1944, p. 26.)

And earlier, speaking of his function as Governor-General of Poland, he confided to his diary this sentiment:

“Of course I cannot eliminate all lice and Jews in only a year’s time.” (2233-PS, Vol. IV, 1940, p. 1159)

I could multiply endlessly this kind of Nazi ranting, but I will leave it to the evidence and turn to the fruit of this perverted thinking.

The most serious of the actions against Jews were outside of any law, but the law itself was employed to some extent. There were the infamous Nuremberg decrees of 15th September, 1935. (” Reichsgesetzblatt,” 1935, Part 1, p. 1146.) The Jews were segregated into ghettos and put into forced labour; they were expelled from their professions; their property was expropriated; all culturallife, the Press, the theatre, and schools were prohibited them; and the S.D. was made responsible for them. (212-PS, 069-PS.) This was an ominous guardianship as the following order for “The Handling of the Jewish Question” shows:

“The competency of the Chief of the Security Police and Security Service, who is charged with the mission of solving the European Jewish question, extends even to the occupied eastern provinces. . . .

An eventual act by the civilian population against the Jews is not to be prevented as long as this is compatible with the maintenance of order and security in the rear of the fighting troops. . . .

The first main goal of the German measures must be the strict segregation of Jewry from the rest of the population. In the execution of this, first of all, is the seizing of the Jewish populace by the introduction of a registration order and similar appropriate measures…

Then immediately, the wearing of the recognition sign, consisting of a yellow Jewish star, is to be brought about and all rights of freedom for Jews are to be withdrawn. They are to be placed in ghettos, and at the same time, are to be separated according to sex. The presence of many more or less closed Jewish settlements in White Ruthenia and in the Ukraine makes this mission easier. Moreover, places are to be chosen which make possible the full use of the Jewish manpower in case labour needs are present. The entire Jewish property is to be seized and confiscated, with the exception of that which is necessary for a bare existence. As far as the economical situation permits, the power of disposal of their property is to be taken from the Jews as soon as possible through orders and other measures given by the commissariat, so that the moving of property will quickly cease.”

“Any cultural activity will be completely forbidden to the Jew. This includes the outlawing of the Jewish Press, the Jewish theatres and schools.

“The slaughtering of animals according to Jewish rites is also to be prohibited.” (212-PS).

Obergrüppenfuhrer Reinhard Heydrich Architect of the Final Solution

The anti-Jewish campaign became furious following the assassination in Paris of the German Legation Councillor von Rath. Heydrich, Gestapo head, sent a telegram to all Gestapo and S.D. offices with directions for handling “spontaneous” uprisings anticipated for the nights of 9th and 10th November, 1938, so as to aid in destruction of Jewish-owned property and protect that of Germans. No more cynical document ever came into evidence. Then there is a report by an S.S. Brigade Leader, Dr. Stahlecher to Himmler, which recites that:

“Similarly, native anti-Semitic forces were induced to start pogroms against Jews after capture, though this inducement proved to be very difficult.

Following out orders, the Security Police was determined to solve the Jewish question with all possible means and most decisively. But it was desirable that the Security Police should not put in an immediate appearance, at least at the beginning, since the extraordinarily harsh measures were apt to stir even German circles. It had to be shown to the world that the native population itself took the first action by way of natural reaction against the suppression by Jews during several decades and against the terror exercised by the Communists during the preceding period.”

In view of the extension of the area of operations and the great number of duties which had to be performed by the Security Police, it was intended from the very beginning to obtain the co-operation of the reliable population for the fight against vermin – that is mainly the Jews and Communists. Beyond our directing of the first spontaneous actions of self-cleansing, which will be reported elsewhere, care had to be taken that reliable people should be put to the cleansing job, and that they were appointed auxiliary members of the Security Police.”

Kowno. To our surprise it was not easy at first to set in motion an extensive pogrom against Jews. Klimatis, the leader of the partisan unit, mentioned above, who was used for this purpose primarily, succeeded in starting a pogrom on the basis of advice given to him by a small advanced detachment acting in Kowno, and in such a way that no German order or German instigation was noticed from the outside. During the first pogrom in the night from 25 to 26.6 the Lithuanian partisans did away with more than 1,500 Jews, set fire to several Synagogues or destroyed them by other means and burned down a Jewish dwelling district consisting of about 60 houses. During the following nights about 2,300 Jews were made harmless in a similar way. In other parts of Lithuania similar actions followed the example of Kowno, though smaller and extending to the Communists who had been left behind.

These self-cleansing actions went smoothly because the Army authorities who had been informed showed understanding for this procedure. From the beginning it was obvious that only the first days after the occupation would offer the opportunity for carrying out pogroms. After the disarmament of the partisans the self-cleansing actions ceased necessarily.

It proved much more difficult to set in motion similar cleaning actions in Latvia.”

From the beginning it was to be expected that the Jewish problem in the East could not be solved by pogroms alone. In accordance with basic orders received, however, the cleansing activities of the Security Police had to aim at the complete annihilation of the Jews…

“The sum total of Jews liquidated in Lithuania amounts to 71,105. . . .” (L-180)

Of course, it is self-evident that these “uprisings” were managed by the government and the Nazi Party. If we were in doubt, we could resort to Streicher’s memorandum of 14th April, 1939, which says, “The anti-Jewish action of November, 1938, did not arise spontaneously from the people.. Part of the party formation has been charged with the execution of the anti-Jewish action.” (406-PS) Jews as a whole were fined a billion Reichsmarks. They were excluded from all businesses, and claims against insurance companies for their burned properties were confiscated, all by the decree of the defendant Goering. (Reichsgesetzblatt, 1938, Part 1, pp. 1579-1582.)

Synagogues were the objects of a special vengeance. On 10th November, 1938, the following order was given: “

“By order of the Group Commander, all Jewish Synagogues in the area of Brigade 50 have to be blown up or set afire. The operation will be carried out in civilian clothing…. Execution of the order will be reported….( 1721-PS.) Some 40 teletype messages, from police headquarters, which will be introduced to you, will tell the fury with which all Jews were pursued in Germany on those awful November nights. The S.S. troops were turned loose and the Gestapo supervised. Jewish-owned property was destroyed. The Gestapo ordered twenty to thirty thousand “well-to-do Jews” to be arrested. Concentration camps were to receive them and the order provided healthy Jews, fit for labour, were to be taken (3051-PS).

As the German frontiers were expanded by war, so the campaign against the Jews expanded. The Nazi plan never was limited to Germany; always it contemplated extinguishing the Jew in Europe and often in the world. In the West, the Jews were killed and their property, taken over. But the campaign achieved its zenith of savagery in the East. The Eastern Jew has suffered as no people ever suffered. Their sufferings were carefully reported to the Nazi authorities to show faithful adherence to the Nazi design. I shall refer only to enough of the evidence of these to show the extent of the Nazi design for killing Jews.

If I should recite these horrors in words of my own, you would think me intemperate and unreliable. Fortunately, we need not take the word of any witness but the Germans themselves. I invite you now to look at a few of the vast number of captured German orders and reports that will be offered in evidence, to see what a Nazi invasion meant. We will present such evidence as the report of “Einsatzgruppe (Action Group) A” of 15th October, 1941, which boasts that in overrunning the Baltic States, “Native Anti-Semitic forces were induced to start pogroms against the Jews during the first hours after occupation.” The report continues:

“From the beginning it was to be expected that the Jewish problem in the East could not be solved by pogroms alone. In accordance with the basic orders received, however, the cleansing activities of the Security Police had to aim at a complete annihilation of the Jews. Special detachments reinforced by selected units -in Lithuania partisan detachments, in Latvia units of the Latvian auxiliary police -therefore performed extensive executions both in the towns and in rural areas. The actions of the execution detachments were performed smoothly.”

“The sum total of the Jews liquidated in Lithuania, according to the report, amounts to 71,105. During the pogroms in Kowno 3,800 Jews were eliminated, in the smaller towns about 1,200 Jews.”

“In Latvia, up to now a total of 30,000 Jews was executed. Five hundred were eliminated by pogroms in Riga.” (L-180.)

This is a captured report from the Commissioner of Sluzk on 20th October, 1941, which describes the scene in more detail.

It says:-“… The first lieutenant explained that the police battalion had received the assignment to effect the liquidation of all Jews here in the town of Sluzk, within two days … Then I requested him to postpone the action one day. However, he rejected this with the remark that he had to carry out this action everywhere and in all towns and that only two days were allotted for Sluzk. Within these two days the town of Sluzk had to be cleared of Jews by all means … All Jews without exception were taken out of the factories and shops and deported in spite of our agreement. It is true that part of the Jews was moved by way of the ghetto, where many of them were processed and still segregated by me, but a large part was loaded directly on trucks and liquidated without further delay outside of the town.. For the rest, as regards the execution of the action, I must point out to my deepest regret that the latter bordered already on sadism. The town itself offered a picture of horror during the action. With indescribable brutality on the part of the German police officers and particularly the Lithuanian partisans, the Jewish people, but also among them White Ruthenians, were taken out of their dwellings and herded together. Everywhere in the town shots were to be heard and in different streets the corpses of shot Jews accumulated. The White Ruthenians were in greatest distress to free themselves from the encirclement. Regardless of the fact that the Jewish people, among whom were also tradesmen, were mistreated in a terribly barbarous way in the face of the White Ruthenian people, the White Ruthenians themselves were also worked over with rubber clubs and rifle butts. There was no question of an action against the Jews anymore. It rather looked like a revolution…”( 1104-PS.)

There are reports which merely tabulate the numbers slaughtered. Another example is an account of the work of Einsatzgruppen of Sipo and S.D. in the East which relates that “in Estonia, all Jews were arrested immediately upon the arrival of the Wehrmacht.”

Jewish men and women above the age of sixteen and capable of work were drafted for forced labour. Jews were subjected to all sorts of restrictions and all Jewish property was confiscated.

All Jewish males above the age of sixteen were executed, with the exception of doctors and elders. Only 500 of an original 4,500 Jews remained.

37,180 persons have been liquidated by the Sipo and S.D. in White Ruthenia during October.

In one town, 337 Jewish women were executed for demonstrating a “provocative attitude.” In another, 380 Jews were shot for spreading vicious propaganda.

And so the report continues, listing town after town, where hundreds upon hundreds of Jews were murdered.

In Vitebsk 3,000 Jews were liquidated because of the danger of epidemics.

In Kiev, 33,771 Jews were executed On 29th/ 30th September in retaliation for some fires which were set off there.

In Zhitomir, 3,145 Jews “had to be shot” because, judging from experience they had to be considered as the carriers of Bolshevik propaganda.

In Kherson, 410 Jews were executed in reprisal against acts of sabotage. In the territory east of the Djnepr, the Jewish problem was “solved” by the liquidation Of 4,891 Jews and by putting the remainder into labour battalions of up to 1,000 persons. (R-102.)

Other accounts tell not of the slaughterso much as of the depths of degradation to which the tormentors stooped. For example, we will show the report made to defendant Rosenberg about the Army and the S.S. in the area under Rosenberg’s jurisdiction, which recited the following:

“Details in the presence of S.S. man, a Jewish dentist has to break all gold teeth and fillings out of mouth of German and Russian Jews before they are executed.”

Men, women and children are locked into barns and burned alive.

Peasants, women and children, are shot on the pretext that they are suspected of belonging to bands. (R-135.)

We of the Western world heard of gas wagons in which Jews and political opponents were asphyxiated. We could not believe it. But here we have the report of 16th May, I942, from the German S.S. Officer Becker, to his supervisor in Berlin, which tells this story;

“Gas vans in C group can be driven to execution spot, which is generally stationed ten to fifteen kilometres from main road, only in dry weather. Since those to be executed become frantic if conducted to this place, such vans become immobilised in wet weather.

Gas vans in D group were camouflaged as cabin trailers, but vehicles well known to authorities and civilian population which calls them ‘Death Vans.’

The writer of the letter, Becker, ordered all men to keep as far away as possible during gassing. Unloading van after the gassing has ‘atrocious spiritual and physical effect’ on men and they should be ordered not to participate in such work.” (501-PS.)

I shall not dwell on this subject longer than to quote one more sickening document which evidences the planned and systematic character of these Jewish persecutions. I hold a report written with Teutonic thoroughness as to detail, illustrated with photographs to authenticate its almost incredible text, and beautifully bound in leather with the loving care bestowed to a proud work. It is the original report of the S.S. Brigade General Stroop in charge of the destruction of the Warsaw Ghetto, and its title page carries the inscription, “The Jewish Ghetto in Warsaw no longer exists.” It is characteristic that one of the captions explains that the photograph concerned shows the driving out of Jewish “bandits”; those whom the photograph shows being driven out are almost entirely women and little children. It contains a day-by-day account of the killings mainly carried out by the S.S. Organisation, too long to relate, but let me quote General Stroop’s summary: “

“The resistance put up by the Jews and bandits could only be suppressed by energetic actions of our troops day and night. The Reichsfuehrer S.S. ordered therefore on 23rd April, 1943, the cleaning out of the ghetto with utter ruthlessness and merciless tenacity. I, therefore, decided to destroy and burn down the entire ghetto without regard to the armament factories. These factories were systematically dismantled and then burned. Jews usually left their hideouts, but frequently remained in the burning buildings and jumped out of the windows only when the heat became unbearable. They then tried to crawl with broken bones across the street into buildings which were not afire. Sometimes they changed their hideouts during the night into the ruins of burned buildings. Life in the sewers was not pleasant after the first week. Many times we could hear loud voices in them. S.S. men or policemen climbed bravely through the manholes to capture these Jews. Sometimes they stumbled over Jewish corpses; sometimes they were shot at. Tear gas bombs were thrown into the manholes and the Jews driven out of the sewers and captured. Countless numbers of Jews were liquidated in sewers and bunkers through blasting. The longer the resistance continued the tougher became the members of the Waffen S.S., Police and Wehrmacht, who always discharged their duties in an exemplary manner. Frequently Jews who tried to replenish. their food supplies during the night or to communicate with neighbouring groups were exterminated.” (1061-PS) “

“This action eliminated,” says the S.S. commander, “a proved total of 56,065. To that we have to add the number killed through blasting, fire, etc., which cannot be counted.”

We charge that all atrocities against Jews were the manifestation and culmination of the Nazi plan to which every defendant here was a party. I know very well that some of these men did take steps to spare some particular Jew for some personal reason from the horrors that awaited the unrescued Jew. Some protested that particular atrocities were excessive, and discredited the general policy. While a few defendants may show efforts to make specific exceptions to the policy of Jewish extermination, I have found no instance in which any defendant opposed the policy itself or sought to revoke or even modify it.

Determination to destroy the Jews was a binding force which at all times cemented the elements of this conspiracy. On many internal policies there were differences among the defendants. But there is not one of them who has not echoed the rallying cry of Naziism: DEUTSCIILAND ERWACHE-JUDA VERRECKE (Germany Awake-Jewry Perish!)

I come to the discussion of terrorism and to preparation for the war.

How a Government treats its own inhabitants generally is thought to be no concern of other Governments or of international society. Certainly few oppressions or cruelties would warrant the intervention of foreign powers. But the German mistreatment of Germans is now known to pass in magnitude and savagery any limits of what is tolerated by modern civilisation. Other nations, by silence, would take a consenting part in such crimes. These Nazi persecutions, moreover, take character as international crimes because of the purpose for which they were undertaken.

The purpose, as we have seen, of getting rid of the influence of free labour, the churches and the Jews was to clear their obstruction to the precipitation of aggressive war. If aggressive warfare in violation of treaty obligation is a matter of international cognisance, the preparations for it must also be of concern to the international community. Terrorism was the chief instrument for securing the cohesion of the German people in war purposes. Moreover, these cruelties in Germany served as atrocity practice to discipline the membership of the criminal organisation to follow the pattern later in occupied countries.

Through the police formations that are before you accused as criminal organisations, the Nazi Party leaders, aided at some point in their basic and notorious purpose by each of the individual defendants, instituted a reign of terror. These espionage and police organisations were utilised to hunt down every form of opposition and to penalise every nonconformity. These organisations early founded and administered concentration camps -Buchenwald in 1933, Dachau in 1934. But these notorious names were not alone. Concentration camps came to dot the German map and to number scores. At first they met with resistance from some Germans. We have a captured letter from Minister of Justice Gurtner to Hitler which is revealing. A Gestapo official had been prosecuted for crimes committed in a camp at Hohenstein, and the Nazi Governor of Saxony had promptly asked that the proceeding be quashed. The Minister of Justice in June of 1935 protested because, as he said, “In this camp unusually grave mistreatments of prisoners has occurred at least since Summer 1939. The prisoners not only were beaten with whips, without cause, similarly as in the Concentration Camp Bredow near Stettin until they lost consciousness, but they were also tortured in other manners, e.g., with the help of a dripping apparatus constructed exclusively for this purpose, under which prisoners had to stand until they were suffering from serious purulent wounds of the scalp.” (787-PS)

I shall not take time to detail the ghastly proceedings in these concentration camps. Beatings, starvings, tortures, and killings were routine -so routine that the tormentors became blase and careless. We have a report of discovery that in Plotzensee one night, 186 persons were executed while there were orders for only 150. Another report describes how the family of one victim received two urns of ashes by mistake. Inmates were compelled to execute each other. In 1942, they were paid five Reichsmarks per execution, but on 27th June, 1942, S.S. General Glucke ordered commandants of all concentration camps to reduce this honorarium to three cigarettes. In 1943, the Reichs leader of the S.S. and Chief of German Police ordered the corporal punishment on Russian women to be applied by Polish women and vice versa, but the price was not frozen. “As a reward, a few cigarettes” was authorised. Under the Nazis, human life had been progressively devalued, until it finally became worth less than a handful of tobacco -Ersatz tobacco. There were, however, some traces of the milk of human kindness. On 11th August, 1942, an order went from Himmler to the commandants of fourteen concentration camps that “only German prisoners are allowed to beat other German prisoners.” (2189-PS).

Mystery and suspense was added to cruelty in order to spread torture from the inmate to his family and friends. Men and women disappeared from their homes or business or from the streets, and no word came of them. The omission of notice was not due to overworked staff; it was due to policy. The Chief of the S.D. and Sipo reported that, in accordance with orders from the Fuehrer, anxiety should be created in the minds of the family of the arrested person. (668-PS.) Deportations and secret arrests were labelled, with a Nazi wit which seems a little ghoulish, “Nacht und Nebel” (Night and Fog). (L, 90, 833-PS.)

One of the many orders for these actions, gave this explanation:

“The decree carries a basic innovation. The Fuehrer and Commander-in-Chief of the Armed Forces commands that crimes of the specified sort by civilians of the occupied territories are to be punished by the pertinent courts martial in the occupied territories only when (a) the sentence calls for the death penalty; and (b) the sentence is pronounced within eight days of arrest. Only when both conditions are met does the Fuehrer and Commander-in Chief of the Armed Forces hope for the desired deterrent effect from the conduct of punitive proceedings in the occupied territories. In other cases in the future, the accused are to be secretly brought to Germany, and the further conduct of the trial carried on here. The deterrent effect of these measures lies (a) in allowing the disappearance of the accused without a trace; (b) therein that no information whatsoever may be given about their whereabouts and their fate.” (833-PS.)

To clumsy cruelty, scientific skill was added. “Undesirables” were exterminated by injection of drugs into the bloodstream, by asphyxiation in gas chambers. They were shot with poison bullets, to study the effects (L-103); Then, to cruel experiments the Nazi added obscene ones. These were not the work of underling-degenerates, but of master-minds high in the Nazi conspiracy. On 20th May, 1942, General Field Marshal Milch authorised S.S. General Wolff to go ahead at Dachau Camp with so-called “cold experiments”; and four female gypsies were selected for the purpose. Himmler gave permission to carry on these “experiments” also in other camps (1617-PS). At Dachau, the reports of the “doctor” in charge show that victims were immersed in cold water until their body temperature was reduced to 26 degrees centigrade (8.24 degrees Fahrenheit) when they all died immediately. (1618-PS.) This was in August, 1942. But the “doctor’s” technique improved. By February, 1943, he was able to report that thirty persons were chilled to 27 to 29 degrees, their hands and feet frozen white, and their bodies “rewarmed” by a hot bath. But the Nazi scientific triumph was “rewarming with animal heat.” The victim, all but frozen to death, was surrounded with the bodies of living women until he revived and responded to his environment by having sexual intercourse. (1616-PS.) Here Nazi degeneracy reached its nadir.

I dislike to encumber the record with such morbid tales, but we are in the grim business of trying men as criminals, and these are the things that their own agents say happened. We will show you these concentration camps in motion pictures. just as the Allied armies found them when they arrived, and the measures General Eisenhower had to take to clean them up. Our proof will be disgusting and you will say I have robbed you of your sleep. But these are the things which have turned the stomach of the world and set every civilised hand against Nazi Germany.

Germany became one vast torture chamber. Cries of its victims were heard round the world and brought shudders to civilised people everywhere. I am one who received during this war most atrocity tales with suspicion and skepticism. But the proof here will be so overwhelming that I venture to predict not one word I have spoken will be denied. These defendants will only deny personal responsibility or knowledge.

Under the clutch of the most intricate web of espionage and intrigue that any modern State has endured, and persecution and torture of a kind that has not been visited upon the world in many centuries, the elements of the German population which were both decent and courageous were annihilated. Those which were decent but weak were intimidated. Open resistance, which had never been more than feeble and irresolute, disappeared. But resistance, I am happy to say, always remained, although it was manifest in only such events as the abortive effort to assassinate Hitler on 20th July, 1944. With resistance driven underground, the Nazi had the German State in his own hands.

But the Nazis not only silenced discordant voices. They created positive controls as effective as their negative case. Propaganda organs, on a scale never before known, stimulated the party and party formations with a permanent enthusiasm and abandon such as we, democratic people, can work up only for a few days before a general election. They inculcated and practised the Fuehrer-prinzip which centralised control of the Party and of the Party-controlled State over the lives and thought of the German people, who are accustomed to look upon the German State, by whomever controlled, with a mysticism that is incomprehensible to my people.

All these controls, from their inception were exerted with unparalleled energy and single-mindedness to put Germany on a war footing. We will show from the Nazis’ own documents their secret training of military personnel, their secret creation of a military air force. Finally, a conscript army was brought into being. Financiers, economists, industrialists, joined in the plan and promoted elaborate alterations in industry and finance to support an unprecedented concentration of resources and energies upon preparations for war. Germany’s rearmament so outstripped the strength of her neighbours that in about a year she was able to crush the whole military force of Continental Europe, exclusive of that of Soviet Russia, and then to push the Russian armies back to the Volga. These preparations were of a magnitude which surpassed all need of defence, and every defendant, and every intelligent German, well understood them to be for aggressive purposes.

Before resorting to open aggressive warfare, the Nazis undertook some rather cautious experiments to test the spirit of resistance of those who lay across their path. They advanced, but only as others yielded, and kept in a position to draw back if they found a temperament that made persistence dangerous.

On 7th March, 1936, the Nazis reoccupied the Rhineland and then proceeded to fortify it in violation of the Treaty of Versailles and the Pact of Locarno. They encountered no substantial resistance and were emboldened to take the next step, which was the acquisition of Austria. Despite repeated assurances that Germany had no designs on Austria, invasion was perfected. Threat of attack forced Schuschnigg to resign as Chancellor of Austria and put the Nazi defendant Seyss-Inquart in his place. The latter immediately opened the frontier and invited Hitler to invade Austria “to preserve order”. On 12th March the invasion began. The next day, Hitler proclaimed himself Chief of the Austrian State, took command of its armed forces, and a law was enacted annexing Austria to Germany.

Threats of aggression had succeeded without arousing resistance. Fears nevertheless had been stirred. They were lulled by an assurance to the Czechoslovak Government that there would be no attack on that country. We will show that the Nazi Government already had detailed plans for the attack. We will lay before you the documents in which those conspirators planned to create an incident to justify their attack. They even gave consideration to assassinating their own Ambassador at Prague in order to create a sufficiently dramatic incident. They did precipitate a diplomatic crisis which endured throughout the summer. Hitler set 30th September as the day when troops should be ready for action. Under the threat of immediate war, the United Kingdom and France concluded a pact with Germany and Italy at Munich on 29th September, 1938, which required Czechoslovakia to acquiesce in the cession of the Sudetenland to Germany. It was consummated by German occupation on 1st October, 1938.

The Munich Pact pledged no further aggression against Czechoslovakia, but the Nazi pledge was lightly given and quickly broken. On 15th March, 1939, in defiance of the Treaty of Munich itself, the Nazis seized and occupied Bohemia and Moravia, which constituted the major part of Czechoslovakia not already ceded to Germany. Once again the West stood aghast, but it dreaded war, it saw no remedy except war, and it hoped against hope that the Nazi fever for expansion had run its course. But the Nazi world was intoxicated by these unresisted successes in open alliance with Mussolini and in covert alliance with Franco. Then, having made a deceitful, delaying peace with Russia, the conspirators entered upon the final phase of the plan to renew war.

I will not prolong this address by detailing the steps leading to the war of aggression which began with the invasion of Poland on 1st September, 1939. The further story will be unfolded to you by the British Delegation from documents including those of the German High Command itself. The plans had been laid long in advance. As early as 1935 Hitler appointed the defendant Schacht to the position of “General Deputy for the War Economy.” (2261-PS) We have the diary of General Jodl (1780-PS); the “Plan Otto,” Hitler’s own order for attack on Austria in case trickery failed (C-102); the “Plan Green” which was the blueprint for attack on Czechoslovakia (338-PS); the plan for the War in the West (376-PS, 375-PS); Funk’s letter to Hitler dated 25th August, 1939, detailing the long course of economic preparation for war (699-PS); Keitel’s top-secret mobilisation order for 1939-40 prescribing steps to be taken during a “period of tension,” as it was described, during which no “‘ state of war’ will be publicly declared even if open war measures against the enemy will be taken.” This latter order (1699-PS) is in our possession despite a secret order issued on 16th March, 1945, when Allied troops were advancing into the heart of Germany, to burn these plans. We have also Hitler’s directive, dated 18th December, 1940, for the “Barbarossa Contingency,” which was a code name, outlining the strategy of the attack on Russia. That plan, in the original, bears the initials of the defendants Keitel and Jodl. They were planning the attack and planning it long in advance of the declaration of war. We have detailed information concerning the “Case White,” the plan for attack on Poland (2327-PS). That attack began the war. The plan was issued by Keitel on 3rd April, 1939. The attack did not come until September. Steps in preparation for the attack were taken by subordinate commanders, one of whom issued an order on 14th June providing that:

“The Commander-in-Chief of the Armies has ordered the working out of a plan of deployment against Poland which takes in account the demands of political leadership for the opening of the war by surprise and for quick successes.. I declare it the duty of the Commanding Generals, the Divisional Commanders, and the Commandants to limit as much as possible the number of persons who will be informed, and to limit the extent of the information, and ask that all suitable measures be taken to prevent persons not concerned from getting information.

The operation, in order to forestall an orderly Polish mobilisation and concentration, is to be opened by surprise with forces which are for the most part armoured and motorised, placed on alert in the neighbourhood of the border. The initial superiority over the Polish frontier-guards and surprise that can be expected with certainty are to be maintained by quickly bringing up other parts of the army as well to counteract the marching up of the Polish Army.

If the development of the political situation should show that a surprise at the beginning of the war is out of question, because of well-advanced defence preparations on the part of the Polish Army, the Commander-in-Chief of the Army will order the opening of the hostilities only after the assembling of sufficient additional forces The basis of all preparations will be to surprise the enemy..”( 2327-PS)

We also have the order for the attack on England, initialled again by Keitel and Jodl. It is interesting that it commences with a recognition that although the British military position is “hopeless,” they show not the slightest sign of giving in. (442-PS)

Not the least incriminating are the minutes of Hitler’s meeting with his high advisers.

As early as 5th November, 1937, Hitler told defendants Goering, Raeder, and Neurath, among others, that German rearmament was practically accomplished and that he had decided to secure by force, starting with a lightening attack on Czechoslovakia and Austria, greater living space for Germans in Europe no later that 1943-5 and perhaps as early as 1938. (368-PS) On the 23rd May, 1939, the Fuehrer advised his staff that:

“It is a question of expanding our living space in the East and of securing our food supplies over and above the natural fertility, thoroughgoing German exploitation will enormously increase the surplus.

There is therefore no question of sparing Poland, and we are left with the decision:

To attack Poland at the first suitable opportunity.

We cannot expect a repetition of the Czech affair. There will be war.” (L-79)

On 22nd August, 1939, Hitler again addressed members of the High Command, telling them when the start of military operations would be ordered. He disclosed that for propaganda purposes, he would provocate a good reason. “It will make no difference,” he announced, “whether this reason will sound convincing or not. After all, the victor will not be asked whether he talked the truth or not. We have to proceed brutally. The stronger is always right.” (1014-PS) On 23rd November, 1939, after the Germans had invaded Poland, Hitler made this explanation: “For the first time in history we have to fight on only one front. The other front is at present free, but no one can know how long that will remain so. I have doubted for a long time whether I would strike in the East and then in the West. Basically, I did not organise the armed forces in order not to strike. The decision to strike was always in me. Earlier or later I wanted to solve the problem. Under pressure it was decided that the East was to be attacked first.” (789-PS)

We know the bloody sequel. Frontier incidents were staged. Demands were made for cession of territory. When Poland refused, the German forces invaded on 1st September, 1939. Warsaw was destroyed; Poland fell. The Nazis, in accordance with plans, moved swiftly to extend their aggression throughout Europe and to gain the advantage of surprise over their unprepared neighbours, Despite repeated and solemn assurances of peaceful intentions, they invaded Denmark and Norway on 9th April, 1940; Belgium, the Netherlands and Luxembourg on 10th May, 1940, Yugoslavia and Greece on 6th April 1941.

As part of the Nazi preparation for aggression against Poland and her allies, Germany, on 23rd April, 1939 had entered into a non-aggression pact with Soviet Russia. It uses only a delaying treaty intended to be kept no longer than necessary to prepare for its violation. On 22nd June, 1941, pursuant to long matured plans, the Nazis hurled troops into Soviet territory without any declaration of war. The entire European world was aflame.

The Nazi plans of aggression called for use of Asiatic allies, and they found among the Japanese men of kindred mind and purpose. They were brothers, under the skin.

Himmler records a conversation that he had on 31st January, 1939, with General Oshima, Japanese Ambassador at Berlin. He wrote:

“Furthermore, he (Oshima) had succeeded up to now in sending 10 Russians with bombs across the Caucasian frontier. These Russians had the mission to kill Stalin. A number of additional Russians, whom he had also sent across, had been shot at the frontier.” (2195-PS.)

On 27th September, 1940, the Nazis concluded a German-Italian-Japanese ten-year military and economic alliance by which those powers agreed “to stand by and co-operate with one another in regard to their efforts in Greater East Asia and regions of Europe respectively, wherein it is their prime purpose to establish and maintain a new order of things.”

On 5th March, 1941, a top secret directive was issued by defendant Keitel. It stated that “The Fuehrer had ordered instigation of Japan’s active participation in the war” an directed that “Japan’s military power has to be strengthened by the disclosure of German war experiences and support of a military, economic and technical nature has to be given.” The aim was stated to be to crush England quickly, thereby keeping the United States out of the war. (C-75)

On 29th March, 1941, Ribbentrop told Matsuoka, the Japanese Foreign Minister, that the German Army was ready to strike against Russia. Matsuoka in turn reassured Ribbentrop about the Far East. Japan, he reported, was acting at the moment as though she had no interest whatever in Singapore, but “intends to strike when the right moment comes.” (1877-PS) On April, 1941, Ribbentrop urged Matsuoka that entry of Japan into the war would “hasten the victory” and would be more in the interest of Japan than of Germany, since it would Japan a unique chance to fulfil her national aims and to play a leading part in Eastern Asia. (1882-PS.)

The proofs in this case will also show that the leaders of Germany were planning war against the United States from its Atlantic as well as instigating it from its Pacific approaches. A captured memorandum from the Fuehrer’s headquarters, dated 29th October, 1940, asks certain information as to air bases and reports further that:

“The Fuehrer is at present occupied with the question of the occupation of the Atlantic islands with a view to the prosecution of war against America at a later date. Deliberations on this subject are being embarked upon here.” (376-PS.)

On 7th December, 1941, a day which the late President Roosevelt declared “will live in infamy,” victory for German aggression seemed certain. The Wehrmacht was at the gates of Moscow. Taking advantage of the situation, and while her plenipotentiaries were creating a diplomatic diversion in Washington, Japan without declaration o war treacherously attacked the United States at Pearl Harbour and the Philippines. Attacks followed swiftly on the British Commonwealth and The Netherlands in the South-west Pacific. These aggressions met in the only way that they could be met, with instant declarations of war and with armed resistance which mounted slowly through many long months of reverse until finally the Axis was crushed to earth and deliverance for its victims was won.

Your Honour, I am about to take up “Crimes in the Conduct of War,” which is quite a separate subject. We are within five minutes of the recessing time. It will be very convenient for me it if will be agreeable to you.

THE PRESIDENT: We will sit again in 15 minutes’ time, (A recess was taken.)

THE PRESIDENT: The Tribunal must request that if it adjourns for I5 minutes, that members of the bar and others are back in their seats after an interval of 15 minutes. Mr. Justice Jackson, I understand that you wish to continue to 5.15, when you may be able to conclude your speech?

MR. JUSTICE JACKSON: I think that would be the most orderly way.

THE PRESIDENT: Yes, the Tribunal will be glad to do so.

MR. JUSTICE JACKSON: May it please your Honour, I will now take up the subject of “Crimes in the Conduct of War.”

Until tomorrow,

Peace,

Padre Steve+

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                                                        Babi Yar

Friends of Padre Steve’s World,

It has been a stressful week. I have a couple of Chaplains on leave and a very busy schedule. I also lost some focus due to remembering all of 9-11-2001. I couldn’t watch the news or anything that day. With budget cutbacks I am dealing with a lot of contracting issues that are not of my doing, and I am worn out. So I am reposting a modified older article tonight. I hope it helps you in confronting Holocaust Deniers, as well as those that deny othe crimes against humanity. 

Have a great weekend and until the next time,

Peace,

Padre Steve+

I have a policy about Holocaust denial on my site. If someone denies the Holocaust or tries to minimize it I delete their post. That might sound somewhat restrictive, but I will not give them the space on my site to posit their race hatred and justification of genocide in any way shape or form. It used to be that I would spar with them, but I realized that by doing so I gave them a sense of acceptability, and when some proceeded to make physical threats against me for opposing their ideas I realized that I couldn’t go down that road anymore.

That being said, every so often I get comments from Holocaust deniers, as well as Japanese deniers of the Rape of Nanking and other Japanese atrocities in Asia during the 1930s and World War II. The Japanese Nanking deniers are almost always Japanese Right Wing revisionists and hyper-nationalists who subscribe to the racial theory that the Chinese and other non-Japanese are less than human. But I’ve never had an American take issue with Nanking while almost all of my holocaust deniers are Americans who not only deny the Holocaust, but who subscribe to the most base and repulsive theories of anti-Semitism, and White Supremacy.

A year ago I had yet another Holocaust denier pop up and comment on my article  The Justification of Genocide: Race Hatred and the Quest for Living Space and said “you fear open debate.”  His blog address was listed on the post so I went to it and found plenty of racist, pro-Nazi, and Holocaust denial posts and links, as well as President Trump’s racist polices on immigration.

But the reality is that such people fear open debate because when they engage in it they are exposed for the frauds that they are. Some like the English defender of all things Hitler and Holocaust denier, David Irving had the nerve to sue American Jewish historian Deborah Lipstadt for libel in a British court where she would have to prove her innocence as opposed to an American court where he would have had to prove that she had libeled him. Even in that setting Irving lost. If you want to see a great film, watch the movie adaptation of the trial Denial.”

A while back I had another who ripped into me on the Nazi massacre of Ukrainian Jews at Babi Yar, in which over 33,771 Jews were marched out of Kiev and shot on the 29th and 30th of September 1941. There were 29 survivors who managed to escape the death pits by feigning and climbing out after dark. Massacres of more than 100,000 other people, mostly non-Jews continued until November. The number of Jews killed was documented by the Commander of the Sonderkommando 4a of Einsatzgruppe C which conducted the massacre. The Einsatzgruppe men were assisted by troops from two Police Battalions and Waffen SS troops with support from the Wehrmacht.  Both the records of the Einsatzgruppe and the testimony of SS men who took part is damning enough, yet my denier critic had the nerve to say “There was no such massacre – it is just another example of war time atrocity propaganda.”

I since he decided to leave his email address and website I decided to do a little investigation and found that he is full of these zingers and an avid supporter of President Trump. He plays fast and loose with the number of Jews killed in the Holocaust and claims that “It is currently illegal in many European nations to question the official or generally accepted account of the holocaust of European Jewry during the Second World War.” Of course that is not true, in fact in most of Europe the archives are open, the documents assessable, and the evidence undeniable. The problem is that the evidence is so great that any to deny it or attempt to revise it deserves both public ridicule and academic scorn. There are laws against Holocaust denial in many European countries precisely because it was such a horrific chapter in human history that it cannot be minimized or defended.

James Morcan in his book Debunking Holocaust Denial Theories wrote something very true that I am all too aware of:

“Unfortunately, the historicity of the Holocaust has been undermined and chipped away at by the exact same sinister forces that created the genocide in the first place: racists, religious bigots and the most paranoid type of conspiracy theorists who, together, are uniting – often unwittingly – to form a new wave of anti-Semitism that will not willingly accept the obvious facts of the past. This chipping away (at the truth) began slowly and insidiously – much like the Holocaust itself – but sadly, and worryingly, it is gathering pace.” 

It is interesting to read through the man’s blog and see that his issue is not about anti-Semitism, as he is exceptionally anti-Semitic, nor is it about the killing of the Jews, just the number of Jews killed. It seems that if  he, like the other deniers can somehow lessen the number of Jews killed, that it becomes more acceptable, and over time forgettable. I will not open this site up to Holocaust deniers. One of those deniers is Charles Johnson who was invited to the State of the Union Address by Congressman Matt Gaetz In 2018. In an interview Johnson responded to the question “what are your thoughts on the Holocaust, WW2, and the JQ in general?” (JQ is short for the Jewish Question) His response was telling.

“I do not and never have believed the six million figure. I think the Red Cross numbers of 250,000 dead in the camps from typhus are more realistic. I think the Allied bombing of Germany was a war [sic] crime. I agree…about Auschwitz and the gas chambers not being real.”

He denies being a Holocaust deniers and touts his support for Israel, but his words are all too indicative of what he really believes, yet he is accepted by leading members of the Republican Party. Such associations do nothing but serve to legitimatize them and make their arguments more acceptable, after all, if a President and leading Congressmen espouse a position and associate with its proponents, it must have merit. Of course it doesn’t but when there is a dearth of historical knowledge and general indifference it does not take much for such men to motivate others to violence. As Lipstadt noted about David Irving, and I would extend to people like Johnson: “People like David Irving do not throw firebombs. They throw the words that can cause others to throw those firebombs.” 

The sad thing for us as a nation is that quite a few Holocaust deniers, have the ear of the President, people in his administration, and Republican Congressmen. This makes this topic all too relevant. As Marc Bloch wrote “we can truly understand the past only if we read it in light of the present.”

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Filed under crime, ethics, History, holocaust, nazi germany, News and current events, Political Commentary, war crimes

The Einsatzgruppen and Genocide in Russia 1941-1944

Friends of Padre Steve’s World,

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

Likewise, it is important to remember that much of what happened occurred before the decision to implement the Final Solution and the operations of the massive extermination camps such as Auschwitz.

The tragedy is that in so ways that Americans, British, French and the Belgians, as well as the Spanish, not to mention the Russians, Turks, Japanese, Rwandans, and so many other have committed genocide, but nothing in their litany of genocide can compare with the Nazi Holocaust.

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

 

Peace

Padre Steve+

einsattzgruppen map

The Nazi war against Russia was the ultimate test of Hitler’s ideological race war. Planning for the war with the Soviet Union began after the fall of France and during the beginning stages of the Battle of Britain. On 21 July 1940 Hitler made“his intentions plain” to the Army leadership and “von Brauchitsch set his planners to work.” 119 The staff at OKH began preparations for the offensive in the winter of 1940-41 following the Luftwaffe’s failure against Britain and postponement of Operation Sea Lion, the proposed invasion of Great Britain.

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

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

Besides preparations aimed at the destruction of the Red Army and overthrow of the Soviet State, the “war against the Soviet Union was more openly ideological from the start.” 124 Hitler set the stage on March 3rd 1941 by announcing, “the forthcoming campaign is more than a mere armed conflict; it is a collision between two different ideologies…this war will not be ended merely by the defeat of the enemy armed forces” and that “the Jewish-Bolshevist intelligentsia must be eliminated….” 125

 

                                 Ordungspolizei  Officers in Russia 

Hitler realized that the task of eliminating the Jews was one that had to be done by his SS men. He noted, that “this is a task so difficult that it cannot be entrusted to the Army.” 126 Reichskommissars, civilian overlords from the Nazi Party would be appointed to administer conquered areas, but since normal civilian powers would be insufficient to eliminate the Bolshevists, Hitler noted that it “might be necessary “to establish organs of the Reichsfuhrer SS alongside the army’s Secret Field Police, even in the operational areas….” 127 The “primary task” of the SS Einsatzgruppen and Police battalions was to liquidate “all Bolshevist leaders or commissars” if possible while still in the operations zones,” 128 yet the orders were vague enough not to offend the sensibilities of Army leaders and did not contain “a syllable that in practice every Jew would be handed over to the extermination machine.” 129

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

einsatzgruppe troops and victims

                                         Rounding up Jews in Russia

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

The most significant agreement that the Army reached with the SS was the Commissar Order. This order, sometimes known as the “Criminal Order” was used war as evidence at Nuremberg as against Keitel, Jodl and High Command of the Wehrmacht during the later Generals Trial. The order specified that the Army would cooperated with the SS and kill Soviet Political Commissars attached to the Red Army who were taken prisoner, as “they were not prisoners of war.” Another order specified that “in the event that a German soldier committed against civilians or prisoners, disciplinary action was optional….” 133 The order noted regarding political commissars that “in this struggle consideration and respect for international law with regard to these elements is wrong.” 134 The Army’s “Guidelines for the Conduct of Troops in Russia” issed on May 19, 1941 called for “ruthless and vigorous measures against Bolshevist inciters, saboteurs [and] Jews.” 135

einsatzgruppen executions

Shortly before the Commissar Order was issued, Hitler previewed it to the generals saying that the war in Russia “cannot be conducted in a knightly fashion” and that the war against the Soviet Union would have to be waged with “unprecedented, unmerciful and unrelenting harshness…” 136Hitler told the generals that they would have to “dispense with all of their outdated and traditional ideas about chivalry and the generally accepted rules of warfare: the Bolsheviks had long since dispensed with them.” 137 He explained that he understood that his orders were beyond their comprehension but insisted, “I cannot and will not change my orders and I insist that that they be carried out with unquestioning and unconditional obedience.” 138

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

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

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                        Colonel General Franz Halder, Chief Of OKH

Hitler’s speech was protested by some of the generals according to Von Brauchitsch. 140 Von Brauchitsch refused to protest the order to Hitler but issued an order on his own authority “threatening dire penalties for excesses against civilians and prisoners of war” which he maintained at Nuremberg “was sufficient to nullify the Commissar Order.” 141 Yet during the campaign against the Soviet Union, von Brauchitsch told his commanders to “proceed with the necessary hardness.” 142 Walter Warlimont noted that Field Marshal Fedor von Bock, who would “later emerge as an opponent of the Commissar Order…makes no special comment on the meeting or the restricted conference that followed.”143

At Nuremberg Keitel said that he “stubbornly contested” the clause “relating to the authority of the SS-Reichsführer… in the rearward operational areas.” 144Keitel blamed the Army High Command OKH under Halder, but the order came out with his signature on behalf of Hitler, which was key evidence against him at Nuremberg. Keitel stated that “there was never any possibility of justifying them in retrospect by circumstances obtaining in the Russian campaign.” 145

Some commanders refused to publish the orders and “insisted that the Wehrmacht never implemented such policies…” blaming them instead on the SS. One writer states “such protests were undoubtedly sincere, but in practice German soldiers were far from innocent. The senior professional officers were often out of touch with their subordinates.” 146 The orders were a “license to kill, although not a great departure from German military traditions….” 147 The effect was terrifying, for in a sense the Einsatzgruppen, “could commit ever crime known to God and man, so long as they were a mile or two away from the firing line.” 148 Security Divisions of the Army were “instructed to give material and logistical support to…units of the Einsatzgruppen.” 149 Even worse, other army units in rear areas “could be called on to assist Himmler’s SS police leaders” as the situation dictated, and few commanders refused. 150

For the campaign against the Soviet Union the Heydrich and the SS formed four Einsatzgruppen composed of SD, Waffen-SS and Police troops designated A-D. Einsatzgruppe A was assigned to Army Group North, Einsatzgruppe B to Army Group Center, Einsatzgruppe C to Army Group South and Einsatzgruppe D to the 11th Army.

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

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

197BF44C00000578-3114663-image-a-59_1433720058260

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

The actions of these units are well documented; the Einsatzgruppen, Police, Army and locally recruited Schutzmannschaft battalions 158 ruthlessly exterminated Jews and others in the operational area. No sooner had an Einsatzgruppe unit entered a city, a “deadly stranglehold” would grip the “Jewish inhabitants claiming thousands and thousands of victims day by day and hour by hour.” 159

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

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

Walter_von_Reichenau

                               Field Marshal Walter von Reichenau

Field Marshal Von Reichenau issued an order in which he stated:

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

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

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

 Piaśnica_digging_of_the_graves

                                        Jews digging their own graves

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

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Einsatzgruppe men and Ordungspolizei above and below in action

“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.” Timothy Snyder

Einsatzgruppe_A

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

I “Treatment of crimes committed by enemy civilians”

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

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

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

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

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

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

Hitler was quite clear in his intent when he told General Halder that in 1941 that he “intended to level Moscow and Leningrad, to make them uninhabitable, so there would be no need to feed their populations during the winter.” 173Economic officials held life and death power over villages. Those that met agricultural quotas were “likely to be spared annihilation and evacuation…the culmination of this process, during 1943, would be the widespread creation of “dead zones.””174All told during the campaign against the Soviet Union the Germans killed nearly 1.5 million Russian Jews. 175

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                                  Jewish Women Awaiting Execution 

By 1942, over two million Soviet POW’s had been killed. 600,000 shot outright, 140,000 by the Einsatzkommandos. 176Eventually about 3.3 million Soviet POWs died in German captivity through starvation, disease and exposure, 177are included in a total of over 10 million Red Army Combat deaths. 178 The distinguished German historian Karl Dietrich Bracher wrote, “The reality and irreality of the National Socialism were given their most terrible expression in the extermination of the Jews.” 179

arthur nebe

                   Arthur Nebe, from Jew killer to anti-Hitler plotter

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

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

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

To be continued…

Notes

119 Ibid. Megargee. War of Annihilation p.24

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

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

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

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

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

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

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

127 Ibid. Reitlinger, The SS p.175

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

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

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

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

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

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

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

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

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

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

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

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

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

141 Ibid. Reitlinger, The SS p.176

142 Ibid. Megargee. War of Annihilation p.33

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

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

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

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

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

148 Ibid. Reitlinger The SS p. 177

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

150 Ibid. Reitlinger The SS p. 177

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

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

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

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

157 Ibid. Bracher. The German Dictatorship p.422

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

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

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

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

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

166 Ibid. Wette The Wehrmacht p.127

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

168 Ibid. Hebert p.94

169 Ibid. Hebert pp.94-95

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

171 Ibid. Tooze The Wages of Destruction p.481

172 Ibid, Hebert p.86

173 Ibid. Magargee. War of Annihilation p.64

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

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

(11%)

176 Ibid. Rhodes. Masters of Death p.241

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

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

179 Ibid. Bracher. The German Dictatorship p.431

180 Ibid. Bracher. The German Dictatorship p.430

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

182 Ibid. Rhodes. Masters of Death p.225

183 Ibid. Rhodes Masters of Death p.225

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

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Einsatzgruppen and Ordinary Men: Religion, Ideology, and True Believers, Now

Friends of Padre Steve’s World,

this is a follow up to yesterday’s article about the Einsatzgruppen  and Ordungspolizei action in Poland from 1939 to early 1942, the period before Hitler and his minions made the decision to enact the Endlosung, the Final Solution to what they referred to in academic and clinical terms of the Jewish Problem. 

I cannot think for you, but the social and political climate of the United States and many other Western Democracies, what happened then is not simply an academic question that we can leave in the past, unless we are to submit ourselves to repeat that tragedy, that Holocaust. 

Eighty years ago the members of Heinrich Himmler’s Einsatzgruppen were following the German Army into Poland. These forces were intended to do one thing, to eliminate any Poles capable of resisting the Reich and to round up and kill Jews. The sad thing is that while the Genocide committed by the Nazis is in a league of its own, the propensity for others to write about, urge, and promote genocidal practices is not unique.

One of the most troubling aspects of genocide is the degree to which people will go to rationalize and justify it, especially if it is supposedly commanded by their “God.” This includes people who exalt their human leader’s pronouncements to that of a god.

Eric Hoffer wrote:

“The impression somehow prevails that the true believer, particularly the religious individual, is a humble person. The truth is the surrendering and humbling of the self breed pride and arrogance. The true believer is apt to see himself as one of the chosen, the salt of the earth, the light of the world, a prince disguised in meekness, who is destined to inherit the earth and the kingdom of heaven too. He who is not of his faith is evil; he who will not listen will perish.”

Thus, today’s article is difficult to write. I realize that some people will be offended because to those that cannot see the nuance that any criticism of their beliefs is akin to an attack on God. That is not my intent at all, there are too many people of faith in all religions who work against the extremists who claim to speak evil in the name of their God. Likewise I am not  attempting by any stretch of the imagination to broad brush or demonize people of faith. That being said, there are people of every faith and ideology who are capable of planning and committing genocide.

Yes there are extremists, but there are also many ordinary people who obey without questioning, and if ordered by a high enough authority will commit unspeakable acts. As Primo Levi noted, “Monsters exist, but they are too few in numbers to be truly dangerous. More dangerous are…the functionaries ready to believe and act without asking questions.”

But my purpose today, in fact the sole intent of this article is to point out some of the questions and issues that people of faith need to ask when they faced with the killing of innocents or defenseless people in the name of God, or of a political leader. The fact that the Trump administration has already began rounding up people including American citizens and separating them from their families in what amount to concentration camps. (And yes, I do know the difference between a concentration camp like Dachau and a death camp like Treblinka, or Auschwitz so don’t even go there Mr. Trump Cultist.) But the fact is that once you go down the path that the Trump administration has elected to trod there is not much more to overcome before the killing begins.

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.”

Thus, one only has to look at history and the words or actions of people who live among us to realize that the seeds of genocide are always being sown by those who find others less than human. The men and women who sow the seeds of future genocide can do so in the name of their God, their religion, their religious or secular political ideological, or their views on the superiority of their race. The Nazis provide us a road map of the twisted logic used by the perpetrators of such actions, but they are not alone in history, and people like them exist today, some peddling their hatred in the name of God and religion, but not always.

When one reads the speeches, the after action reports, and the post-war testimony of those who orchestrated and conducted the worst terror of the Nazi regime against the Jews and others that they considered to be less than human, or in the case of the handicapped and the mentally ill, “life unworthy of life” they are stunning, and troubling. I just finished reading Horst Bieshold’s Crying Hands: Eugenics and Deaf People in Nazi Germany, and I am currently reading Christopher Browning’s The Origins Of the Holocaust: The Evolution Of Nazi Jewish Policy, September 1939 – March 1942. 

During his Posen speech of October 1943 SS Reichsfuhrer Heinrich Himmler was quite clear about the aims of the Nazis, and their goals regarding the Jews and other Untermenschen (Sub humans) including infants and children. Himmler said:

“We came to the question: what to do with the women and children? I decided to find a clear solution here as well. I did not consider myself justified to exterminate the men – that is, to kill them or have them killed – and allow the avengers of our sons and grandsons in the form of their children to grow up. The difficult decision had to be taken to make this people disappear from the earth…”

One would think that killing babies, any babies, but in the particular case Jewish babies to prevent them from growing up to avenge the deaths of their parents would be repulsive, especially to Jews. For most Jews it is, but like every religion Judaism has its share of extremists.

One of them is the controversial Rabbi Yitzhak Shapira, the dean of the Od Yosef Hai Yeshiva near Nablus in Israel. In a chapter in his book Torat ha-Melekh [The King’s Teaching] entitled “Deliberate harm to innocents,” which provides numerous justifications to kill gentiles, even babies, Shapira wrote:

“In any situation in which a non-Jew’s presence endangers Jewish lives, the non-Jew may be killed even if he is a righteous Gentile and not at all guilty for the situation that has been created… Hindrances—babies are found many times in this situation. They block the way to rescue by their presence and do so completely by force. Nevertheless, they may be killed because their presence aids murder. There is justification for killing babies if it is clear that they will grow up to harm us, and in such a situation they may be harmed deliberately, and not only during combat with adults.”

The Rabbi’s followers have engaged in frequent violence against Palestinians and Jews who do not hold his radical views. In 2006 he was detained for questioning after writing an article in which he said that all Palestinian males from age 13 and up should be killed or expelled from the West Bank. The rabbi condemns any moderation by the Israeli Defense Forces, and he criticizes Israel’s legal system and judiciary when its rulings conflict with his uncompromising views. To be sure his book was condemned by other Rabbis, especially of the Reformed School, but some Orthodox Rabbis supported it.

Those views are not unlike the stated views of the leaders of the so-called Islamic State when it comes to the killing of non-believers. In that organization’s 2013 Declaration of War those leaders stated:

“If you can kill a disbelieving American or European – especially the spiteful and filthy French – or an Australian, or a Canadian, or any other disbeliever from the disbelievers waging war, including the citizens of the countries that entered into a coalition against the Islamic State, then rely upon Allah, and kill him in any manner or way however it may be. Do not ask for anyone’s advice and do not seek anyone’s verdict. Kill the disbeliever whether he is civilian or military, for they have the same ruling. Both of them are disbelievers. Both of them are considered to be waging war [the civilian by belonging to a state waging war against the Muslims]. Both of their blood and wealth is legal for you to destroy, for blood does not become illegal or legal to spill by the clothes being worn.”

Many Imam’s and Mufti’s around the world and in the Middle East have issued Fatwah’s against the Islamic State and condemned its teachings. But many of these clerics, who often represent their tribal or government leaders, are considered to be disbelievers and “defenders of Israel” by the Islamic State. As such, many Moslem clerics, and large numbers the vast oppressed masses of impoverished, and often disenfranchised Arab Moslems are attracted to that ideology, especially that directed against the Jews, who are seen as the ultimate enemy.

There are Christians too that find theological justification for killing children, and their reasons are chillingly like those of Himmler: The author of an article on the blog Rational Christianity wrote:

“Why were the children killed, if they weren’t guilty? Apparently, they were considered as morally neutral, since they weren’t yet old enough to be held accountable or to have done much right or wrong. While not as corrupt as their parents, they were part of the society that was judged, and shared its earthly (though not its eternal) fate.”

Another author, a man named Wayne Jackson of Apologetics Press writes of the children of the Canaanites, “Would it not have been infinitely worse, in view of eternity, had these children grown to maturity and adopted the same pagan practices as their parents?”

William Lane Craig, a frequent apologist wrote in the Reasonable faith website a comment that sounds like it could have come from the lips of Himmler in dealing with the effect of the mass murders of Jews and others on the troops of the Einsatzgruppen. Craig wrote:

“So whom does God wrong in commanding the destruction of the Canaanites? Not the Canaanite adults, for they were corrupt and deserving of judgment. Not the children, for they inherit eternal life. So who is wronged? Ironically, I think the most difficult part of this whole debate is the apparent wrong done to the Israeli soldiers themselves. Can you imagine what it would be like to have to break into some house and kill a terrified woman and her children? The brutalising effect on these Israeli soldiers is disturbing.”

However, Craig has no qualms about what the Israelites did, simply because the genocide was commanded by God.

If one substitutes “Hitler” for “God” one sees a similar rationalization used members of the Einsatzgruppen. Colonel Walter Blume, a Police Colonel at Vitebsk who tried to “care” for his troops during a mass execution of Jews. He wrote:

“If I am now asked about my inner attitude which I then held, I can only say that it was absolutely split. On the one hand there was the strict order of my superior… and as a soldier I had to obey. On the other hand I considered the execution of this order cruel and humanly impossible. My very presence at this execution convinced me of this in a final manner. I still know that I wanted to make the situation easier for my men who were certainly moved by the same feelings. When ten men were shot there was always a pause until the next had been brought in. During these pauses I let my men sit down and rest and I joined them. I still know what I said exactly the following words to them at this time: “As much as it is no job for German men and soldiers to shoot defenseless people but the Fuhrer has ordered these shootings because he is convinced that these men would otherwise shoot at us as partisans or would shoot our comrades and our women and children were to be protected if we undertake these executions. This we would have to remember when we carry out this order.” Furthermore, I tried talking about neutral subjects to make the difficult spiritual situation easier and to overcome it.”

That is the troubling issue for me. Genocide is genocide and evil, no matter who commands it. We can try to wiggle around and avoid the subject by saying that whatever God we have is above normal law, or that our secular leader’s commands are above the law, but we cannot escape the fact that genocide is immoral and an immutable evil; even if we do it in the name of our God.

I think that is the problem that I have with people who follow their leaders down the path to genocide, even those who they believe are speaking for God. Likewise, I am very much concerned when people seem to care more about the emotional and spiritual effects of mass murders on the perpetrators than on the victims.

But then, the victims are dead and have no one left to speak for them, unless we do. Never forget.

Until tomorrow,

Peace,

Padre Steve+

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