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War Crimes: Revisiting the Rape of Nanking and Japanese War Crimes

Japanese Soldiers at Work in Nanking

Friends of Padre Steve’s World,

I am starting to catch up a bit about other non-German and non-American atrocities committed in the name of war and in the name of race hatred and the need for supposedly “superior races” to commit war crimes in the name of their ideology. My specialties in history are modern German history, World War Two, and the American Civil War beginning with the antebellum era, the war, reconstruction, Jim Crow, and the Civil Rights Movement.

I have done some study of the Turkish Armenian Genocide, and the war crimes committed by the Japanese before and during the Second World War. I have written some about the Japanese Rape of Nanking but have only lightly touched on their other crimes against humanity and the lack of thoroughness of the war crimes trials held against Japanese leaders as compared the various war crimes trials involving German leaders. Over the coming weeks and months I will be writing about at least some of the Japanese War crimes.

I am going to restart than process by reposting an article regarding the Rape of Nanking, one of many brutal Japanese atrocities against the Chines and other Asian peoples that the Japanese committed, not to mention the atrocities that they committed against Allied POWs who they believed had given up their honor by surrendering. Now the Japanese war crimes were different from those of the Nazis, but they were just as brutal and evil as those committed by the Nazis, the Soviets, the American Slave culture, and the extermination of the Native American nations, or so many other mass slaughters or genocides. The complicity of the Japanese Royal family, military, and industrial elites is highly documented, but few were ever prosecuted, much less convicted of their crimes. To this day a culture of denial and silence rules in Japan, while the Germans, especially since the 1970s have become leaders in facing the guilt of their ancestors. In fact, often more than any nation, the Germans do more to remember the genocides committed by Americans. Historical memory can be a bitch to face, and especially with the ascendancy of President Trump, there are many Americans not only willing to ignore, but to exalt in them and to back actions by the Trump Administration that can only end in death and criminal actions that Justice Robert Jackson, who organized the Nuremberg Trials and served as the chief American prosecutor in the Major War Crimes Trials:

“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.” 

What I find interesting is the amount of hate mail I get from Japanese Nationalists and revisionists. I get far more from them than from neo-Nazis or neo-Confederates.

So here we go again.

The historical controversy regarding the “rape” of Nanking in 1937 by the Japanese Army is hotly debated.[1] The massacres occurred in the initial occupation of the city and the two months following in mid December 1937.  The initial reaction to the actions of the Japanese was reported by western journalists and even a German Nazi Party member by the name of John Rabe who assisted in protecting Chinese during the massacre and reported it on his return to Germany.The action shocked many in the west and helped cement the image of the Japanese being a brutal race in the west.

Massacre Victims at Nanking

The controversy’s visibility has been raised since the 1997 publication of Iris Chang’s The Rape of Nanking. However, with few exceptions the incident had received little attention by Western historians until Chang’s book was published. The reason for this was  that  China was a sideshow for for the United States and Britain throughout much of the war. When Chiang Kai Shek’s Nationalists were overthrown by the Communists in 1948 the incident disappeared from view in the United States.   The  United States government  reacted to the overthrow of Chaing by helping to rebuild Japan and rehabilitate the Japanese while opposing the Chinese Communists.  In fact it was only “after the Cold War was the Rape of Nanking Openly discussed.”[2]

Bodies of Children Killed by the Japanese at Nanking

Chang’s book was instrumental as it brought new attention to the actions of the Japanese Army in the slaughter of Prisoners of War and civilians following the occupation of the city.  Even as Chang’s work was published “revisionist” works began to appear in the 1980s which have either denied the atrocities, sought to minimize numbers killed by Japanese Forces or rationalized the them began to appear in Japan.  The revisionists were led by Masaaki Tanaka who had served as an aide to General Matsui Iwane the commander of Japanese forces at Nanking.  Tanaka denied the atrocities outright calling them “fabrications” casting doubt upon numbers in the trial as “propaganda.” He eventually joined in a lawsuit against the Japanese Ministry of Education to remove the words “aggression” and “Nanjing massacre” from textbooks, a lawsuit which was dismissed but was influential to other revisionists and Japanese nationalist politicians and publishers.[3]

             Japanese Officer Preparing to Execute Man in Hospital

Most early accounts of the occupation and war crimes have used a number of 200,000 to 300,000 victims based upon the numbers provided during the War Crimes Trials of 1946.[4] Unlike the numbers of victims of the Nazi Holocaust the numbers are less accurate.  Authors who maintain the massacres such as Chang and others such as Japanese military historian Mashario Yamamoto who admits Japanese wrongdoing and excess but challenges the numbers use the same statistical sources to make their arguments.  Chang not only affirms the original numbers but extrapolates that even more may have been killed as a result of the disposal of bodies in the Yangtze River rather than in mass graves away from the city as well as the failure of survivors to report family member deaths to the Chinese authorities.[5] She also notes contemporary Chinese scholars who suggest even higher numbers.

Prince Asaka, Granduncle of Emperor Hirohito Commanded Troops at Nanking

Herbert Bix discusses Japanese knowledge of the atrocities in detail up and down the chain of command including Prince Asaka, granduncle of Emperor Hirohito who commanded troops in Nanking, the military and Foreign Office, and likely even Hirohito himself.[6]

German National and Nazi Party Member John Rabe Protected Chinese at Nanking and Reported His Experience to the German Government.  He is known as “The Good Man of Nanking”

The publication of German citizen and witness to the massacres John Rabe’s diaries in 2000, The Good Man of Nanking, provided an additional first hand account by a westerner who had the unique perspective of being from Japan’s ally Nazi Germany.  His accounts buttress the arguments of those like Chang who seek to inform the world about the size and scope of Japanese atrocities in Nanking.

A Field of Skulls at Nanking

Yamamoto who is a military historian by trade and is viewed as a “centrist” in the debate, places the massacres in the context of Japanese military operations beginning with the fall of Shanghai up to the capture of Nanking. Yamamoto criticizes those who deny the massacres but settles on a far lower number of deaths, questioning the numbers used at the War Crimes Trials. He blames some on the Chinese Army[7] and explains many others away in the context of operations to eliminate resistance by Chinese soldiers and police who had remained in the city in civilian clothes. He  claims that  “the Japanese military leadership decided to launch the campaign to hunt down Chinese soldiers in the suburban areas because a substantial number of Chinese soldiers were still hiding in such areas and posing a constant threat to the Japanese.”[8] David Barrett in his review of the Yamamoto’s work notes that Yamamoto believes that “there were numerous atrocities, but no massacre….”[9] Yoshihisa Tak Mastusaka notes that while a centrist Yamamoto’s work’s “emphasis on precedents in the history of warfare reflects an underlying apologist tone that informs much of the book.”[10] Revisionist work also criticizes the trials surrounding Nanking and other Japanese atrocities.  An example of such a work is Tim Maga’s Judgment at Tokyo: The Japanese War Crimes Trials which is critiqued by historian Richard Minear as “having a weak grasp of legal issues” and “factual errors too numerous to list.”[11] Such is a recurrent theme in revisionist scholarship, the attempt to mitigate or minimize the scale of the atrocities, to cast doubt upon sources and motivations of their proponents or sources, to use questionable sources themselves or to attribute them to out of control soldiers, the fog of war and minimize command knowledge as does Yamamoto. Politics is often a key motivating factor behind revisionist work.

Iris Chang Would Later Commit Suicide

Chang would never be the same after researching and writing the Rape of Nanking. Traumatized by what she had learned and burdened by the weight of what she had taken on she killed herself on November 9th 2004.

Iconic Photo of Japanese Acts in China: A Wounded Child at Shanghai Station

“Revisionist” history will almost certainly remain with us, so long as people study the past.  However one has to be careful in labeling a divergent view of a historical subject as necessarily revisionist.  There are occasions when new evidence arises and a “new” or “revisionist” work may actually disprove previous conclusions regarding historic events or persons.  This might occur when what we know about a subject comes from a single or limited number of sources who themselves were limited in what they had available for research and new evidence comes to light. At the same time where numerous sources from diverse points of view attest to the genuineness of an event, the revisionist’s theses should be themselves scrutinized based on evidence presented as well as their political, ideological or racial motivations.  While one does not want to silence voices of opposition to prevailing beliefs one has to be careful in examining their claims, especially when they arise in the context of political or ideological conflicts.

Notes 


[1] Bix, Herbert P. Hirohito and the Making of Modern Japan, Harper Collins Publishers, New York, NY 2000. pp.333-334. Bix does a good job explaining the number of victims of the incident drawing on Chinese and Japanese sources.

[2] Kreuter, Gretchen. The Forgotten Holocaust in The Bulletin of Atomic Scientists, March-April 1998 p.66

[3] Fogel, Joshua A. The Nanjing Massacre in History and Historiography, University of California Press, Berkley CA 2000, pp.87-89

[4] Toland, John. The Rising Sun: The Rise and Fall of the Japanese Empire 1936-45. Random House, New York, NY 1970 pp. 50-51. Toland in his brief discussion of the massacres notes both the civilian casualty figures and figures for male citizens of military age who were slaughtered.  Toland also notes the large numbers of women raped by Japanese soldiers.

[5] Chang, Iris. The Rape of Nanking: The Forgotten Holocaust of World War II Penguin Books, New York, NY 1997 pp.102-103. Chang has been criticized by some historians in a number of ways including that she was not a historian, that she compares the atrocities to the Nazi Holocaust and her emotional attachment to the subject which may have been a contributing factor in her 2004 suicide.

[6] Bix. p.336

[7] Yamamoto, Masahiro. The Rape of Nanking: Anatomy of an Atrocity. Praeger Publishers an imprint of the Greenwood Group, Westport, CT 2000. http://site.ebrary.com/lib/apus/docDetail.action?docID=10018001&p00=nanking  p.83

[8] Ibid. p.92.

[9] Barrett, David P.  Review of The Rape of Nanking: Anatomy of an Atrocity by Masashiro Yamamoto Canadian Journal of History/Annales canadiennes d’Histoire XXXVIII, April/Avril 2003 p.170

[10] Mastusaka, Yoshihisa Tak.  Review of The Rape of Nanking: Anatomy of an Atrocity by Masashiro Yamamoto American Historical Review, April 2002 p.525

[11] Minear, Richard. Review of Judgment at Tokyo: The Japanese War Crimes Trials by Tim Mata  American Historical Review. April 2002 p.526

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Filed under crime, History, Military, nazi germany, Political Commentary, war crimes, White nationalism, world war two in the pacific

“I Imagined it Would Be Different” Passing the Baton on my Last 9-11 on Active Duty and Reflecting on All We Have Lost

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Friends of Padre Steve’s World,

September 11th is a day that always makes me more introspective. It brings back so many memories, some that I wish I could forget; but I cannot get the images of that day out of my mind. The burning towers, the people jumping to their deaths to escape the flames, and the scenes of devastation. I knew one of the victims in the attack on the Pentagon, an Army Lieutenant Colonel, Karen Wagner who commanded a Medical training company at Fort Sam Houston where I was serving as the Brigade Adjutant in 1987 and 1988. She was a very nice person, very gracious and decent, admired by everyone who knew her; I was shocked to see her name on the casualty list after the attack.

The emotions that I feel on the anniversary of these terrorist attacks which claimed the lives of so many innocent people, and which devastated so many families, still haunts me, and my subsequent service, especially in Iraq has changed me. Years after he returned from his time in the Middle East, T.E. Lawrence; the immortal Lawrence of Arabia wrote to a friend, “You wonder what I am doing? Well, so do I, in truth. Days seem to dawn, suns to shine, evenings to follow, and then I sleep. What I have done, what I am doing, what I am going to do, puzzle and bewilder me. Have you ever been a leaf and fallen from your tree in autumn and been really puzzled about it? That’s the feeling.” I often feel that way.

Eighteen years ago I was getting ready to go to the French Creek Gym at Camp Le Jeune North Carolina where I was serving as the Chaplain of Headquarters Battalion 2nd Marine Division. I had returned from a deployment to Okinawa, Mainland Japan and Korea just two months before and was preparing to transfer to the USS Hue City, a guided missile cruiser stationed in Mayport, Florida.

At the time of the attack I had already been in the military for over 20 years and I had actually taken a reduction in rank to transfer from the Army, where I was a Major in the reserves, to the Navy to serve on active duty. In those previous 20 years I had served overseas during the Cold War along the Fulda Gap. I had been mobilized to support the Bosnia mission in 1996, and I had just missed being mobilized for Operation Desert Storm as my unit was awaiting its mobilization orders when the war ended. I had done other missions as well as the deployment to the Far East that returned from in July 2001; but nothing prepared me for that day. Like other career military officers I expected that we would be at war again and thought it might be back in the Middle East, and probably a result of some fool’s miscalculations; but like the American officers who were serving at the time of the Pearl Harbor attack, I never expected what happened that morning.

Tuesday, September 11th 2001 had started like so many days in my career. Routine office work, a couple of counseling cases and what I thought would be a good PT session. I was about to close out my computer browser when I saw a little headline on Yahoo News that a plane had crashed into the World Trade Center. I paid little attention and figured that a private plane, something like a Cessna piloted by an incompetent had inadvertently flown into the building.

9-11 jumpers

That delusion lasted about two minutes. I got in my car and the radio, tuned to an AM talk station had a host calling the play by play. He started screaming “oh my God another airliner flew into the other tower.” Seeking to see what was happening I went to the gym where there were many televisions. I got there and saw the towers burning, with stunned Marines and Sailors watching silently, some in tears. I went back out, drove to my office and got into uniform. After checking in with my colonel a made a quick trip to my house for my sea bags and some extra underwear, and personal hygiene items. When I got back the headquarters we went into a meeting, and the base went on lock down mode. The gates were closed and additional checkpoints, and roadblocks established on base. Marines in full battle-rattle patrolled the perimeter and along the waterfront. I did not leave the base until the night of the 15th when things began to settle down and we all went into contingency planning mode for any military response to the attacks.

My wife, who as waiting for a doctor’s appointment with a friend saw the attacks on live television and knew when the first plane struck she told her friend that it was terrorism. Her friend responded “that damned Saddam Hussein.” Like so many of us who initially thought this, my wife’s friend was wrong. my friend Fregattenkapitäne Micheal Hufnagel, then the  First Officer Of the German Guided Missile Destroyer Lutjens was among the first to express support for the United States. Steaming next to the USS Winston Churchill helped put up a banner that said We Stand By You. It was an iconic moment. Eight months later I met Michael and we became fast friends, to this day.

LutjensHonors

Those were tumultuous days, so much fear; so much paranoia; and so much bad information as to who committed the attacks and what was going to happen next.

hue city boarding party

 

Honestly, I didn’t expect the war to go on for more than a few months, but months became years, and years became decades. I guess I was a lot like the German military officers who in the wake of the dramatic success of the Wehrmacht in the west and the initial phases of Operation Barbarossa  the German victory was so certain that resistance was futile and the best course was to follow orders, believing that victory over the subhuman Taliban and Al Qaeda was just around the corner. In the beginning I was little different than your average Wehrmacht officer, but by the time I left Iraq I realized just how wrong I was in supporting that misbegotten invasion.

I was so spellbound by Operation Desert Storm and operations in the Balkans that I ignored history. I knew the results of the Soviet invasion of Afghanistan, the British, Indian, and Macedonian adventures there, but we were the United States. We would win. Then the Bush Administration forgot Afghanistan and went into a war with Iraq, which was doomed from the start, and which met every standard of the war crimes that we tried the Nazis for at Nuremberg. As the American Chief Prosecutor at Nuremberg, Justice Robert Jackson noted before those trials:

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

A few months later I deployed aboard Hue City to the Middle East where we supported the air operations in Afghanistan, anti-terrorist operations off the Horn of Africa and in Operation Southern Watch and the U.N. Oil Embargo against Iraq. I then did three years with Marine Security Forces, traveling around the world to support Marine Fleet Anti-Terrorism Security Team companies. For three years I was on the road one to three weeks a month traveling to the Middle East, Europe, the Pacific and many parts of the United States. Then I was promoted and transferred to Explosive Ordnance Disposal Group Two, from which I was deployed with my assistant to Iraq, where we served as members of the Iraq Assistance Group in all Al Anbar Province supporting small teams of Marine Corps, Army and Joint Force adviser teams to the Iraqi Army, Border troops, Port of Entry police, police and highway patrol.

with-mtt-3-7-ronin

 

When I returned from Iraq I was a changed man and while I am proud of my service I am haunted by my experiences. One cannot go to war, see its devastation, see the wounded and dead, as well as the innocents traumatized by it. One cannot get shot at, or be in enclosed rooms, meeting with people that might be friends, or might be enemies, and while everyone else is armed, you are not.

War changed me, and my homecoming was more difficult than I could have imagined. I never felt so cut off from my country, my society, my church, or even other chaplains. My experience is not uncommon among those who have served in Iraq or Afghanistan, or for that matter those who have served in almost any modern war. Erich Maria Remarque in his classic All Quite on the Western Front wrote:

“I imagined leave would be different from this. Indeed, it was different a year ago. It is I of course that have changed in the interval. There lies a gulf between that time and today. At that time I still knew nothing about the war, we had been only in quiet sectors. But now I see that I have been crushed without knowing it. I find I do not belong here any more, it is a foreign world.”

That being said I would not trade my experience for anything. The experience of PTSD and other war related afflictions has been a blessing as well as a curse. They have changed my world view and made me much more emphatic to the suffering and afflictions of others, as well when they are abused, mistreated, terrorized and discriminated against. These experiences along with my training as a historian, theologian, and hospital chaplain clinician before and after my tour have given me a lot bigger perspective than I had before.

But I have to live with all of the memories. Guy Sajer wrote in his book The Forgotten Soldier“Only happy people have nightmares, from overeating. For those who live a nightmare reality, sleep is a black hole, lost in time, like death.” General Gouverneur Warren, a hero of many Civil War battles including Gettysburg wrote to his wife after the war “I wish I did not dream so much. They make me sometimes to dread to go to sleep. Scenes from the war, are so constantly recalled, with bitter feelings I wish never to experience again. Lies, vanity, treachery, and carnage.”

As hard as this has been these are good things, and as I go on I wonder what will happen next. I do not think that the wars and conflicts which have followed in the wake of the 9-11 attacks will be over for years, maybe even decades. I pray for peace, but too many people, some even in this country seem to live for the bloodlust of war. One can only hope and as my Iraqi friends say, Inshallah, (إن شاء الله) God willing…

I wonder too, if the words of T.E. Lawrence reflecting on his service in the Arab Revolt are not as applicable to me and others who came back from Iraq, “We had been hopelessly labouring to plough waste lands; to make nationality grow in a place full of the certainty of God… Among the tribes our creed could be only like the desert grass – a beautiful swift seeming of spring; which, after a day’s heat, fell dusty.” I have lost too many friends in these wars, including men who could not readjust to home, many like me. I have seen the men and women, broken in body, mind and spirit and I wonder if any of it was worth it, and if in some of our response, especially the invasion of Iraq has not made a bad situation even worse, and turned the war into a generational conflict.

As for me, I am now an old guy by military standards. I recently celebrated 38 years of service and will, God willing, retire next year. Sadly, I know all too well that those who I have worked with, and those who are yet to enlist will be continuing to fight a war which seems to be without end long after I retire, despite the efforts of President Trump to make a deal with the Taliban.

Tomorrow there were and will be many ceremonies and services to remember the victims of the attacks. I think that is fitting, Lest We forget. However, I don’t think any should be used as platform to promote war without end. We will be conducting a 9-11 Remembrance Ceremony in the morning. I am having my brand new junior chaplain do invocation and benediction. I have helped him and given him guidance, but he has produced a good result that didn’t need much of my guidance to be something that honored the victims of 9-11, the U.S. military, and our allies since, as well as the innocent victims in Iraq, Afghanistan, Syria, and so many other places this unending war has touched. It is time for me to step aside and let the young men and women who were children when this began to be up front. My goal now is to help the young folks get recognized for good work and train them to represent the best in the Chaplaincy and to be guardians of the First Amendment, not religious theocrats.

So please, have a good day and whatever you do do not forget those whose lives were forever changed by those dastardly attacks and all that has transpired in the years since. Honestly I did not think that we would still be at war today. It is hard for me to believe that we still are at war and that there is no end in sight.

As Erich Maria Remarque wrote “I imagined that it would be different…”

At the same time I do hope that things will get better and that some semblance of peace will return to the world.

Inshallah, (إن شاء الله) God willing…

Peace

Padre Steve+

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Filed under afghanistan, counterinsurency in afghanistan, crime, ethics, Foreign Policy, History, iraq,afghanistan, middle east, Military, national security, News and current events, Political Commentary, terrorism

D-Day at 75 Years: “We Have to do Our Best to Uphold in Our own Lives the Values that They we’re Prepared to Die For”

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Friends of Padre Steve’s World,

I find the days around Memorial Day and the anniversaries of the Battle of Midway and the D-Day landings to be a time when I become quite reflective about what it means to be a career American military officer, combat veteran, and the son of a Navy Chief who was also a combat veteran. I am also an uncle to a young man who likely will be enlisting in the Army in the coming weeks.

When he spoke on Omaha Beach during the ceremony marking the 70th Anniversary of the D-Day landings President Barak Obama said:

“We are on this Earth for only a moment in time.  And fewer of us have parents and grandparents to tell us about what the veterans of D-Day did here 70 years ago.  As I was landing on Marine One, I told my staff, I don’t think there’s a time where I miss my grandfather more, where I’d be more happy to have him here, than this day.  So we have to tell their stories for them.  We have to do our best to uphold in our own lives the values that they were prepared to die for.  We have to honor those who carry forward that legacy, recognizing that people cannot live in freedom unless free people are prepared to die for it.” 

All of my adult life I have strived to uphold those values that those men were prepared to die for, and for almost 38 years of Army and Navy service that I have been prepared to do so at a moment’s notice.

Seventy-five years ago the liberation of France began on the beaches of Normandy.  Soldiers from 6 Allied Infantry and 3 Airborne Divisions supported by an Armada of over 5000 ships and landing craft and several thousand aircraft braved weather, heavy seas and in places fierce German resistance to gain the foothold on beaches named Omaha, Utah, Gold, Sword and Juno.  Over the next seven weeks the Allied soldiers advanced yard by yard through the hedgerows and villages of Normandy against ferocious German resistance before they were able to break out of the lodgment area and begin the drive across France. In his D-Day message to his troops General Dwight Eisenhower reminded them that their mission was “the elimination of Nazi tyranny over oppressed peoples of Europe, and security for ourselves in a free world.” There are still those in the world who subject their people to tyranny and attempt to destabilize and overthrow the governments of liberty loving peoples, likewise Eisenhower knew that security for ourselves meant close alliances with those who have our values and not isolating ourselves from the world.

The fighting was bloody, most American, British and Canadian infantry battalions and regiments suffered nearly 100% casualty rates in Normandy.  Replacements were fed in at a cyclic rate to make up the losses even as fresh divisions flowed ashore, but the losses were terrible.  By the time the landings took place, the British having been at war for nearly five years were bled out.  They had little left to replace their losses.  From Normandy on the British were losing combat power at a rate that they could not make up.

For the Americans there was another problem.  The US High command decided to limit the Army to 90 Divisions.  Many of these were committed to the Pacific and Mediterranean theaters.   Likewise, American Infantry units were generally made up of the lowest caliber of recruits, led often by the poorest officers; the best went to either the Air Corps or technical branches of the Army.

Now this is not to criticize veterans, but it is a factor in the campaign.  Most US Infantry Divisions with the exceptions of those previously blooded in North Africa and Sicily often performed badly in action.  Some, after being manhandled by the Germans had their leadership replaced and became excellent combat units.  However, every new division that arrived in France after D-Day always got the worst of their initial engagement against German forces.

While performance suffered there was another problem for the Americans.  With the limitation in number of divisions, they stopped building infantry divisions, upon whom the bulk of the campaign depended. Thus they had little in the way of trained infantry replacements to make up heavy losses in Normandy.  By late 1944 during the Battle of the Bulge the American infantry crisis was so bad that 30,000 Air Corps candidates were trained as infantry and soldiers from support units such as Ant-Aircraft battalions were used to bolster infantry units.

Had the Germans been able to hold out and had they not been bled white by the Red Army on the Easter Front, had they not lost the nearly their entire Army Group Center in the Red Army offensive of 1944 it is conceivable that the British and American offensive in the West would have ground to a halt for lank of infantry in 1945.  In spite of this there was no lack of individual courage among the troops engaged; the courage and sacrifice of all who fought there should not be forgotten.

The human toll among the combatants both Allied and German, as well as the local populace was especially traumatic.  While the American, Canadian and British people are keen to remember the sacrifices made by our soldiers we often forget the toll among the French civilian population of Normandy as well as the German soldiers, mostly conscripts, sacrificed by the Nazi regime.  Normandy suffered more than any part of France during the liberation.  In the months leading up to D-Day Allied Air Forces unleashed hell on Normandy to attempt to lessen potential German resistance.  The Allied Naval bombardment added to the carnage ashore and once the campaign began the combined fires of both Allied and German forces devastated the region.  Whole cites such as Caen were destroyed by Allied Air forces and an estimated 30,000 French civilians were killed during the Normandy campaign, 3000 on D-Day alone.  I think it can be said that the blood of the civilians of Normandy was shed for the freedom of all of France.

The campaign in Normandy was one of the most viciously contested in western military history.  German forces, especially Paratroops of the 2nd, 3rd, 5th and 6th Fallschirmjager Divisions, German Army Panzer Divisions such as the 2nd, 21st, 116th and Panzer Lehr and those of the Waffen-SS, especially the 1st, 2nd and 12th SS Panzer Divisions held the line against ever increasing Allied forces.  As they sacrificed themselves Hitler refused to commit more forces to Normandy and insisted that his Army contest every meter of ground.  He forbade his commanders to withdraw to more defensible positions along the Seine.

Hitler’s decisions actually shortened the campaign.  Whatever the crimes of the Hitler Regime and Nazism, which were among the most heinous in history, one can never question the valor, courage and sacrifice of ordinary German soldiers.  For those Americans who lump all Germans who fought in World War II with the evil of the Nazi regime, please do not forget this fact:  There are those today, even in this country that make the same charge against Americans who have fought in Iraq and Afghanistan and those at home and abroad who have labeled the US as an aggressor nation. As President Trump continues to go his own way to make the United States a pariah nation, including pardoning convicted war criminals, we have to be very aware of the costs of it and also remember that the Americans who went ashore on D-Day did so to help defeat a pariah nation that had flaunted every standard of justice in attempting to make Germany Great Again. When you judge others, know that the same standard will be applied to you someday and it is possible that our day may come sooner than we think. It is as Justice Robert Jackson who served as the Chief Prosecutor at the Nuremberg War Crimes Tribunal wrote:

“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.”

Normandy was a near run thing for the Allies.  First the weather almost delayed it by 2 to 4 weeks.  Had that happened the Germans might have been even better prepared to meet the invasion.  Likewise, the Red Army’s devastating offensive which annihilated Army Group Center in June kept the Germans from transferring additional forces from the Russian Front to Normandy.  On D-Day itself there were a number of times where Lady Luck, or maybe the Deity Herself, saved the Allies from disaster.

Any person who has seen Saving Private Ryan, The Longest Day or Band of Brothers knows a little bit about how close Overlord came to failure.  Allied Airborne units were dispersed throughout the region after they drooped.  Many units were not fully operational for more than a day as they sought to organize themselves and gather their troops.  At Omaha Beach the Americans had not counted on the presence of the first rate German 352nd Infantry Division.  This division, despite being pounded by naval and air forces almost cause General Bradley to withdraw from Omaha.  At Utah the soldiers of the 4th Infantry division escaped a similar mauling by landing on the wrong beach.  Had they landed at the planned beaches they would have ran into the same kind of resistance from well dug in German forces.  At Gold Juno and Sword British forces benefited from confusion in the German command which kept the 21st Panzer Division from descending on the British forces and quite possibly splitting the British zones.

The Allies benefited from the absence of Field Marshall Erwin Rommel, Commander of Army Group B who because of the ad weather assumed no invasion was possible and traveled to German to celebrate his wife’s birthday.  Finally, and perhaps most important they benefited by Hitler’s refusal to immediately commit forces, including his Panzer reserve to defeat the invasion at the beachhead.

For those who fought in Normandy and those civilians who lived through it the memories are still vivid. Many suffer the effects of PTSD, grief and other wounds, physical, emotional and spiritual.  When one is exposed to the danger and destruction of war, the smell of death, the sight of burned out cities, vehicles and the suffering of the wounded and dying, it makes for a lifetime of often painful memories.

For some of the German, British and American veterans, the struggle in Normandy has given way to long lasting friendships.  Many of those who fought against the Allied onslaught became fast friends after the war. Those who fought against each other were soon allies as part of NATO and soldiers of nations which were once bitter enemies serve together in harm’s way in Afghanistan.  The generation that fought at Normandy is rapidly passing away, their numbers ever dwindling they remain a witness to courage, sacrifice and reconciliation.

In the end it is reconciliation and healing that matters. Some scars of war never pass away; some memories are far too painful to release.  Yet we who serve often strive to reconcile.  In 2002 while deployed at sea for Operation Enduring Freedom I was an advisor to a boarding team from my ship.  It was our job to make sure that impounded ships which were breaking the UN embargo on Iraq were not in danger of sinking, and that their crews had food, water and medical care.  Since many of these ships remained at anchor for 2-4 weeks in the heat of the Arabian Gulf, this was important.

The delays imposed by UN rules sometimes meant that the sailors of these ships grew resentful.  It was my job to spend time with the Masters of these ships to keep things calm and work out any issues that arose.  On one of these ships I met an Iraqi merchant skipper.  The man was well traveled, educated in the U.K. in the 1960s and in his career a frequent visitor to the US. In 1990 he was the senior captain of the Kuwaiti shipping line.  Then Saddam Hussein invaded Kuwait.  As a result of this when Kuwait was liberated he lost his job.  His nation was an international pariah.  Since his life was the sea he took up the only job possible to support his family, what he knew best, captaining ships.  He was most apologetic for the trouble that he and others like him caused us.  We shared much during those visits.   One of his daughters was in medical school and other children in university.  He longed for the day when Iraq would be free.  On our last talk before his ship was released he remarked to me “I hope one day we will meet again.  Maybe someday like the American, British and German soldiers after the war, we can meet in a pub, share a drink and be friends.” 

Symbols of Reconciliation at the German Cemetery in Normandy

I too pray for that, especially after my tour in Al Anbar five years after I encountered that Iraqi Merchant Captain.  Maybe someday we will. I thought of him almost every day that I was in Iraq. I only hope that he and his family have survived the war, the continuing violence in Iraq and are doing well. There is hardly a day that goes by that I do not think of this man or the Iraqis that I had the honor of serving alongside in Al Anbar in 2007 and 2008.

President Obama remarked in Normandy last week about the veterans of the 9-11 Generation of service members, of which I and so many others like me are part:

“And this generation — this 9/11 Generation of service members — they, too, felt something.  They answered some call; they said “I will go.”  They, too, chose to serve a cause that’s greater than self — many even after they knew they’d be sent into harm’s way.  And for more than a decade, they have endured tour after tour.”

The survivors of the D-Day landings and those on the other side of the hill are continuing to pass from the bonds of this earth and into eternity. The youngest of the living are now in their early to mid 90s, some are over 100. We owe it to them and to the world to make what they sacrificed themselves to do into reality, battling tyranny and striving for peace and security.

Their generation built the pillars of peace and economic security that President Trump often mocks, criticizes, or condemns. D-Day was just part of their story. The burden is now on we the living to carry the torch of freedom that they once held. My military career of 38 years will come to an end early next year, but my nephew Darren will be completing Marine Corps Basic Training in a few weeks. He wants to become an infantryman and maybe serve with Marine Security Forces or Special Operations. I am proud of him.

Peace,

Padre Steve+

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“The Most Savage and Numerous Crimes” The Nazi Crimes Against the Jews, Robert Jackson’s Opening Statement at Nuremberg, Part Four

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.

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.”

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

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.”

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The Nazi Battle Against the Churches: Robert Jackson’s Opening Statement at Nuremberg, Part Three

Friends of Padre Steve’s World,

Earlier in the week I began to write about the Nuremberg Trials and the opening statement of the American Chief Prosecutor, Supreme Court Justice Robert Jackson. The first section was comprised his general remarks. The second dealt with the Nazi war against free organized labor. The third section presented here was the shortest part of his opening statement. It deals with the Nazi battle against the Churches.

Jackson lays out his argument to show how this was directed with the aim of suppressing or corrupting all competing institutions of power in the state that could potentially become centers of resistance. Likewise, he builds up this to show the attempt to remove any moderating influence that could stand against its plans for aggressive warfare and genocide.

The division of the German State Church into the Evangelical Church (Lutheran and Reformed) and Roman Catholicism was a Problem for the Nazis. They desired a coordination of religion under their rule. The Protestant and Catholic state churches of Germany were potential rivals for the soul of the citizenry of the Third Reich. They ran schools, universities, hospitals, benevolent organizations, published influential newspapers, and had their own political parties and labor organizations.

German Protestantism since the day of Martin Luther was linked to German nationalism and seen by the Nazis as the ideal vehicle to build upon. The Catholic Church which was predominant in Bavaria and was strong in the other states of southern and western Germany. It was not very strong in the north, especially Prussia where in the 1800s Otto Von Bismarck persecuted the Catholic Church through the Külturkampf. Like Bismarck, Hitler, though Catholic himself viewed the Church as less than fully committed to the Reich because of its allegiance to Rome, which Hitler and many other Nazis considered to be a foreign power.

Likewise, other Nazi leaders of Catholic background realized the power of the Church and its institutions, and even stood in awe of them. Heinrich Himmler would pattern his SS indoctrination upon the Jesuits. The former Catholics included Joseph Goebbels, Heinrich Himmler, and Himmler’s number two man, Reinhard Heydrich. Richard Evans wrote in his book The Third Reich in Power:

Himmler’s deputy, Reinhard Heydrich, reacted against a strict Catholic upbringing with a hatred of the Church that can only be called fanatical. In 1936, Heydrich classified the Jews and the Catholic Church, acting above all through political institutions such the Centre Party, as the two principal enemies of Nazism. As an international body, he argued, the Catholic Church was necessarily subversive of the racial and spiritual integrity of the German people. Moreover, the Catholics, unlike the Protestants, had been largely represented by a single political party, the Centre, whose voters, again unlike those of most other parties, had mostly remained loyal and resisted the appeal of Nazism during the elections of the early 1930s. Much of the blame for this could be laid in the Nazis’ view at the feet of the clergy, who had preached vehemently against the Nazi Party, in many cases ruled that Catholics could not join it, and strongly urged their congregations to continue voting for the Centre or its Bavarian equivalent, the Bavarian People’s Party. For many if not most leading Nazis, therefore, it was vitally important to reduce the Catholic Church in Germany as quickly as possible to total subservience to the regime. (Third Reich In Power pp. 234-235)

The average church member was not the physical target of their attacks, instead the Nazis worked at, and quite often were very successful at weaning away many of the faithful from anything more that perfunctory and traditional displays of religion. Even there the Nazis did their best to supplant holidays such as Christmas and Easter with Nazi themes and ideology.

The battle for the Party was to deprive the Churches of their social and political power, and for the most part they were successful in their campaign. They suppressed church political parties and newspapers, labor unions, youth organizations. The latter were dissolved and replaced by the Reich Labor Front, and the Hitler Youth. Church schools were eventually closed by 1939 and religious education in public vocational schools was reduced to very small amounts of time with the teaching becoming more in line with Nazi racial ideology and anti-semitism.

The Protestant Church mostly fell in line with a minority in opposition known as the Confessing Church. Even so the Protestant opposition for the most part limited its opposition to the Nazis to the infringements against the church, not the nationalism or Nazi war aims. Richard Evans wrote:

The co-ordination of the Protestant Church was driven forward, among other factors, by the appointment of the lawyer August Jäger as State Commissioner for the Evangelical Churches in Prussia. Jäger declared that Hitler was completing what Luther had begun. They were ‘working together for the salvation of the German race’. Jesus represented ‘a flaring-up of the Nordic species in the midst of a world tortured by symptoms of degeneracy’. In conformity with the ‘leadership principle’, Jäger dissolved all elected bodies in the Prussian Church and replaced many existing officials with German Christians. Meanwhile, Reich Bishop Ludwig Müller had taken over the administrative headquarters of the Evangelical Church with the aid of a band of stormtroopers. By September, pressure was growing within the Reich Church to dismiss all Jews from Church employment. Much of the pressure came from ordinary pastors. Prominent here were young pastors from lower-middle-class backgrounds or non-academic families, men for whom war service had often been a life-defining experience, and racially conscious pastors from areas near Germany’s eastern borders for whom Protestantism represented German culture against the Catholicism of the Poles or the Orthodox faith of the Russians. Such men desired a Church militant based on the aggressive propagation of the Gospel, a crusading Church whose members were soldiers for Jesus and the Fatherland, tough, hard and uncompromising. Muscular Christianity of this kind appealed particularly to young men who despised the feminization of religion through its involvement in charity, welfare and acts of compassion. The traditional Pietist emphasis on sin and repentance, which dwelt on images of Christ’s suffering and transfiguration, was anathema to such men. They demanded instead an image of Christ that would set a heroic example for German men in the world of the here and now. For them, Hitler took on the mantle of a national redeemer who would bring about the rechristianization of society along with its national reawakening. (Third Reich in Power pp. 224-225)

The Nazified and nationalistic German Protestants, led by these clergy paint a striking image very similar to conservative American Evangelical Christians who echo many of the same theological themes, and who have in many cases elevated President Donald Trump into a redeemer and nearly messianic figure.

Jackson continued his opening statement at Nuremberg dealing with this toward the middle of the day on November 21st 1945. These are his words:

The Nazi Party was always predominantly anti-Christian by ideology. But we who believe in freedom of conscience and of religion base no charge of criminality on anybody’s ideology. It is not because the Nazis themselves were irreligious or pagan, but because they persecuted others of the Christian faith that they became guilty of crime, and it is because the persecution was a step in the preparation for aggressive warfare that the offence becomes one of international consequence. To remove every moderating influence among the German people and to put its population on a total war footing, the conspirators devised and carried out a systematic and relentless repression of all Christian sects and churches.

We will ask you to convict the Nazis on their own evidence, Martin Bormann in June 1941 issued a secret decree on the relation of Christianity and National Socialism. The decree provided:

“For the first time in German history the Fuehrer consciously and completely has the leadership of the people in his own hand. With the Party, its components, and attached units, the Fuehrer has created for himself, and thereby for the German Reich leadership, an instrument which makes him independent of the church. All influences which might impair or damage the leadership of the people exercised by the Fuehrer with the help of the N.S.D.A.P. must be eliminated. More and more the people must be separated from the churches and their organs, the pastors. Of course, the churches must and will, seen from their viewpoint, defend themselves against this loss of power. But never again must an influence on leadership of the people be yielded to the churches. This influence must be broken completely and finally. Only the Reich government, and by its direction the Party, its components, and attached units, have a right to leadership of the people. Just as the deleterious influence of astrologers, seers, and other fakers are eliminated and suppressed by the State, so must the possibility of church influence also be totally removed. Not until this has happened does the State leadership have influence on the individual citizens. Not until then are the people and Reich secure in their existence for all the future” (D-75).

And how the Party had been securing the Reich from Christian influence will be proved by such items as this teletype from the Gestapo, Berlin, to the Gestapo Nuremburg, on 24th July, 1938. Let us hear from their own account of events in Rottenburg:

“The Party, on 23rd July, 1939, from 2100 carried out the third demonstration against Bishop Sproll. Participants, about 2,500-3,000, were brought in from outside by bus, etc. The Rottenburg populace again did not participate in the demonstration. This town took rather a hostile attitude to the demonstrations. The action got completely out of hand of the Party Member responsible for it. The demonstrators stormed the palace, beat in the gates and doors. About 150 to 200 people forced their way into the palace, searched the rooms, threw files out of the windows, and rummaged through the beds in the rooms of the palace. One bed was ignited. Before the fire got to the other objects or equipment in the rooms and the palace, the flaming bed was throw from the window and the fire extinguished. The Bishop was with Archbishop Groeber of Freiburg, and the ladies and gentlemen of his menage in the chapel at prayer. About 25 to 30 pressed into this chapel and molested those present. Bishop Groeber was taken for Bishop Sproll. He was grabbed by the robe and dragged back and forth, Finally the intruders realised that Bishop Groeber was not the one they were seeking. They could then be persuaded to leave the building. After the evacuation of the palace by the demonstrators I had an interview with Archbishop Groeber, who left Rottenburg in the night. Groeber wants to turn to the Fuehrer and Reich Minister of the Interior Dr. Frick anew. On the course of the action, the damage done, as well as the homage of the Rottenburg populace beginning today for the Bishop, I shall immediately hand in a full report, after I begin suppressing counter mass meetings. In case the Fuehrer has instructions to give in this matter, I request that these be transmitted most quickly.” (848-PS).

Alfred Rosenberg Nazi Ideologist and Reich Minister for Occupied Territories

Later, defendant Rosenberg wrote to Bormann reviewing the proposal of Herrl as Church minister to place the Protestant Church under State tutelage and proclaim Hitler its supreme head. Rosenberg was opposed, hinting that Naziism was to suppress the Christian Church completely after the war.

The persecution of all pacifist and dissenting sects, such as Jehovah’s Witnesses and the Pentecostal Association, was peculiarly relentless and cruel. The policy toward the Evangelical Churches, however, was to use their influence for the Nazi’s own purposes. In September, 1933, Muller was appointed the Fuehrer’s representative with power to deal with the “affairs of the Evangelical Church” in its relations to the State. Eventually, steps were taken to create a Reich Bishop vested with power to control this Church. A long conflict followed, Pastor Niemoller was sent to a concentration camp, and extended interference with the internal discipline and administration of the Churches occurred.

A most intense drive was directed against the Roman Catholic Church. After a strategic Concordat with the Holy See, signed in July, 1933, in Rome, which never was observed by the Nazi Party, a long and persistent persecution of the Catholic Church, its priesthood and its members, was carried out. Church Schools and educational institutions were suppressed or subjected to requirements of Nazi teaching inconsistent with the Christian faith. The property of the Church was confiscated and inspired vandalism directed against the Church property was left unpunished. Religious instruction was impeded and the exercise of religion made difficult. Priests and bishops were laid upon, riots were stimulated to harass them, and many were sent to concentration camps.

After occupation of foreign soil, these persecutions went on with greater vigour than ever. We will present to you from the files of the Vatican the earnest protests made by the Vatican to Ribbentrop summarising the persecutions to which the priesthood and the Church had been subjected in this Twentieth Century under the Nazi regime. Ribbentrop never answered them. He could not deny. He dared not justify.

I now come to “Crimes against the Jews.”

THE PRESIDENT: We shall now take our noon recess. (A recess was taken until 1400 hours.)

THE PRESIDENT: The Tribunal will adjourn for fifteen minutes at half past three and then continue until half past four.

MR. JUSTICE JACKSON: I was about to take up the “Crimes Committed Against the Jews.”

Until tomorrow,

Peace,

Padre Steve+

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PTSD, Medical Records, Malfeasant Malpractice, and the Minstrel Boy: Surprises You Discover by Seeing Your Actual Medical Records

Friends of Padre Steve’s World,

I was going through some of the 1000 pages of my electronic medical records and close to 500 pages of hard medical copy records. My God, they are a treasure trove of information. I am beginning to organize them for my meetings with Disabled American Veterans and Veteran’s Administration for my military disability claim. According from one of my friends, a retired Navy Physician who now works for the VA in dealing with claims I should have an 80-100% disability rating from the VA due to all that is goofed up with me. I’d settle for 80-90%, 100% sounds too extreme. But severe chronic PTSD, Traumatic Brain Injury, chronic insomnia, night terrors, injuries sustained in physically acted out nightmares, severe Sleep Apnea, hearing loss, Tinnitus, speech comprehension at the 3rd percentile, not to mention numerous injuries to my legs, knees, hips, ankles, shoulders and wrists incurred through years of physical abuse in and out of combat environments.

These do not include many of my psychiatric and psychological records which are in a different system, nor the hard copy records from my time in the Army which I still have, but they are impressive and full of surprises.

For me this included an obviously punitive diagnosis made by a Psychiatry Resident four years ago who had only met me for 15 minutes. During that time she treated with such contempt and disrespect that I issued a formal complaint about her. My complaint actually helped get me a competent therapist, but this physician attempted to harm me by diagnosing me with a disorder than cannot be made in such a short time of clinical observation. The fact is that I was dealing with PTSD and combat trauma while she was still in high school, and that was before it happened to me. As a result I am going to seek some kind of sanctions on that doctor through the military or through her accrediting body.

If it wasn’t for the restrictions of the Feres Doctrine I would immediately sue the Navy because how badly that encounter effected me then. I do actually plan on exploring ways to punish that doctor for what she did because the diagnosis was made purely to poison the relationship that any future Navy (Military or Civilian) therapist might have with me, but I digress because I went all of this to write about a Star Trek the Next Generation episode which I just watched as part of my current binge watching of Star Trek TNG seasons. The episode was called The Wounded and dealt with PTSD, combat trauma, loss, and the unwillingness of some to let wars end. It has always been one of my favorite episodes of that franchise, long before I ever went to Iraq or came back with PTSD and TBI.

One of the quotes from the episode was uttered by Captain Jean Luc Picard, played by Sir Patrick Stewart. He made a comment about people who could not get over their anger, that is especially applicable to those who went to war or lost friends or family in war:

“I think, when one has been angry for a very long time, one gets used to it. And it becomes comfortable like…like old leather. And finally… it becomes so familiar that one can’t remember feeling any other way.

I understand that. I still have a lot of anger. Not at the Iraqis, but the men and women who sent us into Iraq. Trust me, I have no lingering sympathy for Saddam Hussein and his thuggish dictatorship, but that being said the justification to go to war was so unjust that had our leaders been in the dock at Nuremberg they would have been found guilty of at least two counts on those charges. No honest person who looks at history or international law can say otherwise, especially it because it was an American, Justice Robert Jackson who organized the trials and who noted before they began:

“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.”

Once again I digress, because what brought all about my post tonight was that Star Trek TNG episode that I first saw some 27 years ago. When the episode comes to it’s conclusion Chief Miles O’Brien played by Colm Meaney tells his former Captain, Benjamin Maxwell played by the noted character actor Bob Gunton that the war is over. He then reminds him of the Irish song The Minstrel Boy which they begin to sing:

The Minstrel Boy (Thomas Moore)

The minstrel boy to the war is gone, In the ranks of death ye will find him; His father’s sword he hath girded on, And his wild harp slung behind him; “Land of Song!” said the warrior bard, “Tho’ all the world betray thee, One sword, at least, thy rights shall guard,One faithful harp shall praise thee!”

The Minstrel fell! But the foeman’s chain Could not bring his proud soul under; The harp he lov’d ne’er spoke again, For he tore its chords asunder; And said “No chains shall sully thee, Thou soul of love and bravery! Thy songs were made for the pure and free They shall never sound in slavery!”

The Minstrel Boy will return we pray When we hear the news we all will cheer it, The minstrel boy will return one day, Torn perhaps in body, not in spirit. Then may he play on his harp in peace, In a world such as heaven intended, For all the bitterness of man must cease, And ev’ry battle must be ended.

It is a breakthrough, a new war is averted, a former enemy warned of that future activities would be watched, and the possibility of peace and understanding between old enemies. Honestly, that is what I want to see in life. I have written about that many times.

I have meandered too much tonight, so I wish you a good night and a happy Labor Day Weekend.

Peace

Padre Steve+

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Filed under ethics, iraq, mental health, Military, PTSD

By Then It Was Too Late: Reflections on a Supreme Court Retirement

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Friends of Padre Steve’s World,

In his book They Thought they Were Free Milton Mayer wrote of his conversation with a German university professor colleague after the Second World War:

“How is this to be avoided, among ordinary men, even highly educated ordinary men? Frankly, I do not know. I do not see, even now. Many, many times since it all happened I have pondered that pair of great maxims, Principiis obsta and Finem respice—‘Resist the beginnings’ and ‘Consider the end.’ But one must foresee the end in order to resist, or even see, the beginnings. One must foresee the end clearly and certainly and how is this to be done, by ordinary men or even by extraordinary men? Things might have. And everyone counts on that might.

“Your ‘little men,’ your Nazi friends, were not against National Socialism in principle. Men like me, who were, are the greater offenders, not because we knew better (that would be too much to say) but because we sensed better. Pastor Niemöller spoke for the thousands and thousands of men like me when he spoke (too modestly of himself) and said that, when the Nazis attacked the Communists, he was a little uneasy, but, after all, he was not a Communist, and so he did nothing; and then they attacked the Socialists, and he was a little uneasier, but, still, he was not a Socialist, and he did nothing; and then the schools, the press, the Jews, and so on, and he was always uneasier, but still he did nothing. And then they attacked the Church, and he was a Churchman, and he did something—but then it was too late.”

I feel that if we already haven’t reached to point of things being too late that we are not far from that point and we are closer now with the Justice Anthony Kennedy’s announcement of his retirement from the Supreme Court.

Kennedy announced his retirement yesterday after siding with so-called conservatives on President Trump’s Executive Order targeting Muslims primarily from Iran as supposed security threats. It was an ignominious exit from the Supreme Court for a man who though certainly conservative often acted as the conscience of the court who wrestled with difficult issues and sometimes sided with liberals such in the Obergfell v. Hodges case that at least for now legalized marriage equality.

The decision regarding the Executive Order overturned the decision of Korematsu v. United States which upheld the military orders to send Americans of Japanese descent to detention centers, what in were effect American Concentration Camps. JThat ruling along with Dred Scott and Plessy v. Ferguson is considered one of the most unjust in American history. Justice Robert Jackson who later presided as the organizer and chief prosecutor at the Nuremberg War Crimes Trials wrote in dissent of that ruling:

“A military commander may overstep the bounds of constitutionality, and it is an incident. But if we review and approve, that passing incident becomes the doctrine of the Constitution. There it has a generative power of its own, and all that it creates will be in its own image. Nothing better illustrates this danger than does the Court’s opinion in this case.” 

That is the danger of the Executive Order that the Court upheld. Justice Roberts used the twisted logic of Korematsu to uphold the ruling even as he overturned Korematsu. Justice Kennedy concurred and then retired from the Court leaving a vacancy that will almost be certainly filled by a young, aggressive, and doctrinaire conservative of the new order, unrestrained by precedent or principle. Unless the Democrats go Full Bork Jacket and at least two Republicans grow a set of balls civil rights, civil liberties, and the Constitution are doomed.

The man that nominates Kennedy’s successor is even now under investigation for actions that could be considered by a reasonable person as treason against the United States. That man is the President and almost every day he uses power of his office to demonize any opposition and to dehumanize racial, ethnic, and religious minorities while attacking the freedoms enshrined in the Constitution to free speech and the freedom of the press by referring to his critics as “enemies of the people.” 

The President has invoked violence against his opponents since he was a candidate and then cries foul when political opponents urge non-violent resistance to include the public shaming of his staff members and Cabinet officials who plan (Stephen Miller), execute (Kirstjen Nielsen), and defend (Sarah Huckabee Sanders) his actions against helpless people who he labels as murderers, rapists, and criminals.

Sadly most are refugees from political and criminal persecution and violence in their countries, countries that since the 1840s Americans or the United States Government have treated as subhumans. What is happening now is the result of our past polcies coming home to roost.

Marine Corps Major General and two time Medal of Honor Recipient Smedley Butler wrote in his book War is a Racket:

“I spent 33 years and four months in active military service and during that period I spent most of my time as a high class muscle man for Big Business, for Wall Street and the bankers. In short, I was a racketeer, a gangster for capitalism. I helped make Mexico and especially Tampico safe for American oil interests in 1914. I helped make Haiti and Cuba a decent place for the National City Bank boys to collect revenues in. I helped in the raping of half a dozen Central American republics for the benefit of Wall Street. I helped purify Nicaragua for the International Banking House of Brown Brothers in 1902-1912. I brought light to the Dominican Republic for the American sugar interests in 1916. I helped make Honduras right for the American fruit companies in 1903. In China in 1927 I helped see to it that Standard Oil went on its way unmolested. Looking back on it, I might have given Al Capone a few hints. The best he could do was to operate his racket in three districts. I operated on three continents.”

Despite the fact that the United States has been interfering and exploiting their countries for almost two centuries they are criminals because they want to be free. Their crime is being refugees after the United States instituted race based immigration policies in the early 1900s. These policies were later used to deny Jews fleeing the Holocaust from coming to the United States.

Justice Kennedy left after a series of rulings which seemed to undermine his past judicious behavior on the bench. Maybe at 82 years old he simply decided to punt and place his vote in the column of men who gut the Voting Rights Act, support gerrymandered Congressional districts, and support Executive Orders that while refuting the notorious Supreme Court Decision of Korematsu v. United States used the same logic as that majority used to uphold the President’s third attempt at a travel ban directed a Muslims, primarily Iranians. Japanese Americans who suffered under the military orders enforced by civilian courts and upheld by Korematsu were appalled with good reason.

I am going to leave it there for the night.

Until tomorrow,

Peace

Padre Steve+

 

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