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“It Deviated Not From Human Norms:” The Nazi Crimes, Robert Jackson’s Closing at Nuremberg, Part Two

Friends of Padre Steve’s World,

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

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

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

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

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

I would like with all my heart to consign the crimes of the Nazis to the depths of history, but I cannot. That is why I, a man born thirteen and a half years after the major Nuremberg War Crimes ended with ten of the defendants hanging from the gallows continues to write about it.

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

So until tomorrow, I leave you with Jackson’s words.

Peace,

Padre Steve+

THE CRIMES OF THE NAZI REGIME

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. WARFARE IN DISREGARD OF INTERNATIONAL LAW

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

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

4. ENSLAVEMENT AND PLUNDER OF POPULATIONS IN OCCUPIED COUNTRIES

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

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

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

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

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

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

5. PERSECUTION AND EXTERMINATION OF JEWS AND CHRISTIANS

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

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

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

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

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

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

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

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

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

THE COMMON PLAN OR CONSPIRACY

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

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

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

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

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

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

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

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

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

Until tomorrow…

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The Historical Text of the Twentieth Century’s Shame and Depravity: Robert Jackson’s Closing Argument at Nuremberg, Part One

Friends of Padre Steve’s World,

I spent much of the past week discussing the importance of the Nuremberg Trials to today’s world. To do so I went through the five parts of Supreme Court Justice and Chief American Prosecutor, Robert Jackson’s opening address to the Tribunal. Tonight I will begin to work through his closing arguments, which like his opening are considered to be among the most powerful and definitive legal addresses in history.

Jackson’s closing occurred 178 days after his opening address, after nearly nine months of testimony and evidence was presented by the prosecutors and the defense. It was The Nazis own records provided massive amounts of damning evidence which the prosecution and to present in such a manner that it couldn’t be denied by defendants or history.

Jackson was masterful as he made his synopsis of the evidence and testimony presented over those nine months. To do so he had to come back after a poor performance against the former Nazi Reichs Marshal Hermann Goering. It was a day that shook his confidence, but after Jackson’s performance, British prosecutor Maxwell Fyfe destroyed Goering on cross. Many in the media believed that Jackson could not come back, in fact he wanted to resign as Chief Prosecutor. But he remained and delivered his second masterpiece of the trial.

His words should give us all pause when we think that we view the events of the past in a patronizing manner, thinking that we are too advanced to be capable of such such behaviors. We trust in technological advances and affluence but human nature remains unchanged and the crimes of the Twentieth Century which Jackson detailed in his summation could be eclipsed by worse today.

So we begin where Jackson began on the Friday, July 27th 1946.

Peace,

Padre Steve+

Mr. President and members of the Tribunal:

An advocate can be confronted with few more formidable tasks than to select his closing arguments where there is great disparity between his appropriate time and his available material. In eight months -a short time as State trials go -we have introduced evidence which embraces as vast and varied a panorama of events as has ever been compressed within the framework of a litigation. It is impossible in summation to do more than outline with bold strokes the vitals of this trial’s sad and melancholy record, which will live as the historical text of the twentieth century’s shame and depravity.

It is common to think of our own time as standing at the apex of civilisation, from which the deficiencies of preceding ages may patronisingly be viewed in the light of what is assumed to be “progress”. The reality is that in the long perspective of history the present century will not hold an admirable position, unless its second half is to redeem its first. These two-score years in this twentieth century will be recorded in the book of years as some of the most bloody in all annals. Two world wars have left a legacy of dead which number more than all the armies engaged in any war that made ancient or medieval history. No half-century ever witnessed slaughter on such a scale, such cruelties and inhumanities, such wholesale deportations of peoples into slavery, such annihilations of minorities. The terror of Torquemada pales before the Nazi Inquisition. These deeds are the overshadowing historical facts by which generations to come will remember this decade. If we cannot eliminate the causes and prevent the repetition of these barbaric events, it is not an irresponsible prophecy to say that this twentieth century may yet succeed in bringing the doom of civilisation.

Goaded by these facts, we were moved to redress the blight on the record of our era. The defendants complain that our pace is too fast. In drawing the Charter of this Tribunal, we thought we were recording an accomplished advance in International Law. But they say that we have outrun our times, that we have anticipated an advance that should be, but has not yet been made. The Agreement of London, whether it originates or merely records, at all events marks a transition in International Law which roughly corresponds to that in the evolution of local law when men ceased to punish crime by “hue and cry” and began to let reason and inquiry govern punishment. The society of nations has emerged from the primitive “hue and cry”, the law of “catch and kill”. It seeks to apply sanctions to enforce International Law, but to guide their application by evidence, law, and reason instead of outcry. The defendants denounce the law under which their accounting is asked. Their dislike for the law which condemns them is not original. It has been remarked before that:

“No thief e’er felt the halter draw with good opinion of the law.”

I shall not labour the law of this case. The position of the United States was explained in my opening statement. My distinguished colleague, the Attorney-General of Great Britain, will reply on behalf of all the Chief Prosecutors to the defendants’ legal attack. At this stage of the proceedings, I shall rest upon the law of these crimes as laid down in the Charter. The defendants, who except for the Charter would have no right to be heard at all, now ask that the legal basis of this trial be nullified. This Tribunal, of course, is given no power to set aside or modify the Agreement between the Four Powers, to which eighteen other nations have adhered. The terms of the Charter are conclusive upon every party to these proceedings.

In interpreting the Charter, however, we should not overlook the unique and emergent character of this body as an International Military Tribunal. It is no part of the constitutional mechanism of internal justice of any of the signatory nations. Germany has unconditionally surrendered, but no peace treaty has been signed or agreed upon. The Allies are still technically in a state of war with Germany, although the enemy’s political and military institutions have collapsed. As a Military Tribunal, this Tribunal is a continuation of the war effort of the Allied nations. As an International Tribunal, it is not bound by the procedural and substantive refinements of our respective judicial or constitutional systems, nor will its rulings introduce precedents into any country’s internal system of civil justice. As an International Military Tribunal, it rises above the provincial and transient, and seeks guidance not only from International Law but also from the basic principles of jurisprudence, which are assumptions of civilisation and which long have found embodiment in the codes of all nations.

Of one thing we may be sure. The future will never have to ask, with misgiving, what could the Nazis have said in their favour. History will know that whatever could be said, they were allowed to say. They have been given the kind of a trial which they, in the days of their pomp and power, never gave to any man.

But fairness is not weakness. The extraordinary fairness of these hearings is an attribute of our strength. The prosecution’s case, at its close, seemed inherently unassailable because it rested so heavily on German documents of unquestioned authenticity. But it was the weeks upon weeks of pecking at this case, by one after another of the defendants, that has demonstrated its true strength. The fact is that the testimony of the defendants has removed any doubt of guilt which, because of the extraordinary nature and magnitude of these crimes, may have existed before they spoke. They have helped to write their own judgement of condemnation.

But justice in this case has nothing to do with some of the arguments put forth by the defendants or their counsel. We have not previously and we need not now discuss the merits of all their obscure and tortuous philosophy. We are not trying them for the possession of obnoxious ideas. It is their right, if they choose, to renounce the Hebraic heritage in the civilisation of which Germany was once a part. Nor is it our affair that they repudiated the Hellenic influence as well. The intellectual bankruptcy and moral perversion of the Nazi regime might have been no concern of International Law had it not been utilised to goose-step the Herrenvolk across international frontiers. It is not their thoughts, it is their overt acts which we charge to be crimes. Their creed and teachings are important only as evidence of motive, purpose, knowledge and intent.

We charge unlawful aggression but we are not trying the motives, hopes, or frustrations which may have led Germany to resort to aggressive war as an instrument of policy. The law, unlike politics, does not concern itself with the good or evil in the status quo, nor with the merits of the grievances against it. It merely requires that the status quo be not attacked by violent means and that policies be not advanced by war. We may admit that overlapping ethnological and cultural groups, economic barriers, and conflicting national ambitions created in the 1930′ s, as they will continue to create, grave problems for Germany as well as for the other peoples of Europe. We may admit too that the world had failed to provide political or legal remedies which would be honourable and acceptable alternatives to war. We do not underwrite either the ethics or the wisdom of any country, including my own, in the face of these problems. But we do say that it is now, as it was for some time prior to 1939, illegal and criminal for Germany or any other nation to redress grievances or seek expansion by resort to aggressive war.

Let me emphasize one cardinal point. The United States has no interest which would be advanced by the conviction of any defendant if we have not proved him guilty on at least one of the counts charged against him in the Indictment. Any result that the calm and critical judgement of posterity would pronounce unjust would not be a victory for any of the countries associated in this prosecution. But in summation we now have before us the tested evidences of criminality and have heard the flimsy excuses and paltry evasions, of the defendants. The suspended judgement with which we opened this case is no longer appropriate. The time has come for final judgement, and if the case I present seems hard and uncompromising, it is because the evidence makes it so.

I perhaps can do no better service than to try to lift this case out of the morass of detail with which the record is full, and put before you only the bold outlines of a case that is impressive in its simplicity. True, its thousands of documents and more thousands of pages of testimony deal with an epoch and cover a continent, and touch almost every branch of human endeavour.

They illuminate specialities, such as diplomacy, naval development and warfare, land warfare, the genesis of air warfare, the politics of the Nazi rise to power, the finance and economics of totalitarian war, sociology, penology, mass psychology, and mass pathology. I must leave it to experts to comb the evidence and write volumes on their specialities, while I picture in broad strokes the offences whose acceptance as lawful would threaten the continuity of civilisation. I must, as Kipling put it, “splash at a ten-league canvas with brushes of camel’s hair”.

Until tomorrow…

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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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Disaster at Stalingrad

Friends of Padre Steve’s World,

On November 22nd 1942 the Commander of the German 6th Army radioed Berlin that the Red Army had surrounded his army, as well as portions of the 4th Panzer Army. Tonight I am posting what was a paper for one of my Masters degree classes dealing with the German 1942 summer offensive, Operation Blau, which ended when the Red Army began its counter-offensive on November 18th 1942. The German offensive ended in a disastrous defeat at Stalingrad which could have been even worse had it not been for the superb improvisation of Field Marshal Erich Von Manstein who extricated the rest of Army Group South from the Caucasus and stuck a counterblow that halted the Soviet advance.

German and Soviet Plans

Following the Soviet winter offensive and the near disaster in front of Moscow the German High Command was faced with the strategic decision of what to do in the 1942 campaign.  Several options were considered and it was decided to seize the Caucasus oilfields and in the process capture or neutralize the city of Stalingrad on the Volga.  River.

However, the German High Command was divided on the actual objectives of the campaign. The OKH (Oberkommando Des Heeres) under the guidance of Army Chief of Staff General Franz Halder, which was in charge of the Eastern Front, assumed that Stalingrad was the objective of the campaign. They believed that the advance into the Caucasus was to be a blocking effort.[i] On the other hand, Hitler and his OKW (Oberkommando Der Wehrmacht) envisioned that Army Group South would capture the Caucasus oil fields and capture or neutralize Stalingrad to secure the left flank.[ii]

Both the OKH and OKW considered Stalingrad significant but OKW “initially regarded it as a weigh station en route to the Caucasus oil fields.”[iii] The conflict between OKH and OKW apparent in the ambiguity of Directive No. 41. The directive “included the ‘seizure of the oil region of the Caucasus’ in the preamble concerning the general aim of the campaign, yet made no mention of this in the main plan of operations.”[iv]

At the planning conference held at Army Group South in early June “Hitler hardly mentioned Stalingrad. As far as his Generals were concerned it was little more than a name on the map. Hitler’s obsession was with the oil fields of the Caucasus.”[v] Manstein noted that “Hitler’s strategic objectives were governed chiefly by the needs of his war economy….”[vi] Anthony Beevor notes that at this stage of planning “the only interest in Stalingrad was to eliminate the armaments factories there and secure a position on the Volga. The capture of the city was not considered necessary.”[vii] German planners “expected that the Soviets would again accept decisive battle to defend these regions.”[viii]

Knocked out T-34 Tanks

In Moscow Stalin and his Generals attempted to guess the direction of the impending German offensive.  “Stalin was convinced that Moscow remained the principle German objective…Most of the Red Army’s strategic reserves…were therefore held in the Moscow region.”[ix]

With this in mind the Red Army attempted to disrupt the German offensive and to attempt to recover the key city of Kharkov. The Red Army launched three offensives against the Germans under the direction of Stavka. The largest of these, an attempt to take Kharkov was defeated between 12-22 May with the loss of most of the armor in southern Russia. This compounded by an equally disastrous defeat of Red Army forces in Crimea by Von Manstein’s 11th Army. The heavy losses meant that the Red Army would face the German offensive in a severely weakened condition.[x]

Operation Blau

The German offensive began on 28 June under the command of Field Marshal Fedor von Bock. Von Bock’s command included two separate army groups, Army Group B under Field Marshal Maximillian Von Weichs. Army Group B was comprised of 2nd Army, 6th Army, and the 4th Panzer Army. It also had three allied armies, the Italian 8th Army, the 2nd Hungarian, and 4th Romanian. These forces operated in the northern part of the operational area. Army Group A, under command of Field Marshal Wilhelm List was comprised of The 17th Army, 11th Army, and 1st Panzer Army.[xi] One allied Army, the Romanian 3rd Army was attached to it.

The allied armies which had few armored or motorized forces and little heavy artillery were being depended on to filled the gaps that the Germans could no longer fill with their own troops. The reliance on these units would prove to be a key factor in the German defeat.

Army Group B provided the main effort and its offensive quickly smashed through the defending Soviet armies. By July 20th Hitler believed that “the Russian is finished.”[xii] One reason for the German success in the south was that until July 7th Stalin believed that Moscow was still the primary objective.[xiii] Despite his success, Von Bock was prevented by Hitler from destroying Soviet formations left behind his advance. He protested and was relieved of command by Hitler. Von Bock was replaced by Von Weichs which created a difficult command and control problem.  Manstein noted that this created a “grotesque chain of command on the German southern wing” with the result that Army Group A had “no commander of its own whatever” and Army Group B had “no few than seven armies under command including four allied ones.”[xiv]

Panzer IV Ausf F Medium Tank

This decision proved fateful.  Hitler decided to redirect the advance of the 4th Panzer Army to support an early passage of the lower Don, diverting it from its drive on Stalingrad.  Additionally, the army groups became independent of each other when Bock was relieved of command.  They were “assigned independent-and diverging-objectives” under the terms of Directive No.45.[xv] This combination of events would have a decisive impact on the campaign.  The decision prevented a quick seizure of Stalingrad by 4th Panzer Army followed by a hand over to 6th Army to establish the “block” as described by Directive No.41.  Field Marshal Ewald Von Kleist, now commanding Army Group A noted that he didn’t need 4th Panzer Army’s help to accomplish his objectives and that it could have “taken Stalingrad without a fight at the end of July….”[xvi]

The result of Hitler’s decision doomed the campaign. Air support and fuel needed by Army Group A was transferred to 6th Army, denuding Army Group A of the resources that it needed to conclude its conquest of the Caucasus.[xvii] At the same time it denied Army Group B of the Panzer Army that could have quickly seized Stalingrad when it was still possible to do so.  Beevor calls Hitler’s decision a disastrous compromise.[xviii] Halder believed the decision underestimated the capabilities of the Red Army and was “both ludicrous and dangerous.”[xix]

All Eyes on Stalingrad

On July 22 as the Wehrmacht ran short on fuel and divisions to commit to the Caucasus, and the 6th Army fought for control of Voronezh, the Soviets created the Stalingrad Front to control operations in that city. Stavka moved an NKVD Division to the city,[xx] and rapidly filled the new front with formations transferred from the Moscow Front.[xxi]

Stalin issued Stavka Order 227, better known as “No Step Back” on 28 July. The order mandated that commanders and political officers who retreated would be assigned to Penal battalions[xxii]. It directed that each field Army was to form three to five special units of about 200 men each as a second line “to shoot any man who ran away.”[xxiii] Russian resistance west of the Don stiffened and slowed the German advance.

German commanders were astonished “at the profligacy of Russian commanders with their men’s lives.”[xxiv] Von Kleist compared the stubbornness of Russians in his area to those of the previous year and wrote that they were local troops “who fought more stubbornly because they were fighting to defend their homes.”[xxv] Additionally, Stalin changed commanders frequently in the “vain hope that a ruthless new leader could galvanize resistance and transform the situation.”[xxvi] General Vasily Chuikov brought the 64th Army into the Stalingrad Front in mid-July to hold the Germans west of the Don.[xxvii]

German Soldier in Stalingrad

The attacking German armies were weakened when the OKW transferred several key SS Panzer Divisions and the Grossdeutschland Division to France. The supporting Hungarian, Italian and Romanian allied armies lacked motorization, modern armor or anti-tank units and were unable to fulfill the gaps left by the loss of experienced German divisions and the unrealistic expectations of Hitler.[xxviii]

General Friedrich von Paulus

6th Army was virtually immobilized for 10 days due to lack of supplies. This allowed the Russians to establish a defense on the Don Bend.[xxix] To the south the Germans were held up by lack of fuel and increased Soviet resistance which included the introduction of a force of 800 bombers.[xxx]

Glantz and House noted that following the capture of Rostov on July 23rd, “Hitler abruptly focused on the industrial and symbolic value of Stalingrad.”[xxxi] Undeterred by warnings from Halder that fresh Russian formations were massing east of the Volga and the those of Quartermaster General Eduard Wagner, who guaranteed that he could supply either the thrust to the Caucasus or Stalingrad, but not both.[xxxii]

Again frustrated by slow the slow progress of the offensive, Hitler reverted to the original plan for 4th Panzer Army to assist 6th Army at Stalingrad. However, the cost in time and fuel necessitated by his changing of the plan in the first place were significant to the operation. Now the question for the Germans was whether “they could make up for Hitler’s changes in plan.”[xxxiii]

Strategic Implications

The changes in the German plan had distinct ramifications for both sides.  General F. W. Von Mellenthin wrote of Hitler’s meddling, that “the diversion of effort between the Caucasus and Stalingrad ruined our whole campaign.”[xxxiv] The Germans were able not secure the Caucasus oil fields which Hitler considered vital to the German war effort. While they advanced deep into the region and captured the Maikop oil fields, the vital wells and refineries were almost completely destroyed by the retreating Red Army.[xxxv]

Army Group A was halted by the Russians along the crests of the Caucasus on August 28th.[xxxvi] This left Hitler deeply “dissatisfied with the situation of Army Group A.”[xxxvii] Kleist and others attributed much of the failure to a lack of fuel[xxxviii] and General Günther Blumentritt noted that Mountain divisions that could have made the breakthrough were employed along the Black Sea coast in secondary operations.[xxxix]

Fuel and supply shortages delayed 6th Army’s advance while General Herman Hoth’s 4th Panzer Army was needlessly shuttled between Rostov and Stalingrad. By the time it resumed its attack, the Russians “had sufficiently recovered to check its advance.”[xl] As 6th Army advanced to the East, the “protection of Army Group B’s ever-extending northern flank was taken over by the 3rd Rumanian, the 2nd Hungarian and the newly formed 8th Italian Army.”[xli] The allied armies were neither equipped for the Russian campaign nor were they well motivated for a campaign that offered them or their countries much benefit.[xlii]

The supply shortage in both army groups was not helped by a significant logistics bottleneck. All supplies for Army Group A and Army Group B had pass over a single crossing over the Dnieper River. Manstein noted that this prevented the swift movement of troops from one area to another.[xliii]

General Friedrich Von Paulus’ 6th Army now attempted to rush Stalingrad between the 25th and 29th of July, while Hoth milled about on the lower Don.  However, Paulus’s piecemeal commitment of his divisions and failure to concentrate his army in the face of unexpectedly strong Soviet resistance caused the attacks to fail.  Paulus was forced to halt 6th Army on the Don so it could concentrate its forces and build its logistics base [xliv] as well as to allow Hoth’s 4th Panzer Army to come up from the south.

The delay permitted the Russians to build up their forces west of Stalingrad, to reinforce the Stalingrad front, and to strengthen the defenses of the city. [xlv] Ince the Germans were now operating far from their logistics center, and. The Red Army was closer to its supply centers and due to the distances involved it was now far easier for the Russians to reinforce the Stalingrad front than it was for the Germans to supply their armies.[xlvi] The delay also allowed the Russians to fill a number of key leadership positions with the Generals who would skillfully fight the battle.[xlvii]

German Mountain Troops planting Swastika Flag on Mount Elbrus

Hitler now focused on the capture of Stalingrad despite the fact that “as a city Stalingrad was of no strategic importance.”[xlviii] Strategically, its capture would cut Soviet supply lines to the Caucasus,[xlix] but this objective could be have been achieved without its capture. The success of the Soviets in checking Army Group A’s advance in the Caucasus began to give Stalingrad a moral importance to Hitler , which was enhanced by its name. This came to outweigh its strategic value.”[l] To Hitler Stalingrad would gain “a mystic significance”[li] and along with Leningrad, still besieged by the Wehrmacht, became “not only military but also psychological objectives.”[lii]

The Germans mounted a frontal assault on Stalingrad with the 6th Army, supported by elements of the 4th Panzer Army, despite air reconnaissance that indicated “the Russians are throwing forces from all directions at Stalingrad.[liii] Paulus as the senior General was in charge of the advance, with Hoth subordinated to him, but the attack had to wait until Hoth’s army could fight its way up from the south.[liv] Von Mellenthin comments rightly that “when Stalingrad was not taken on the first rush, it would have been better to mask it….”[lv]

It is clear that the German advance had actually reached its culminating point with the failure of the advance into the Caucasus and Paulus’s initial setback on the Don, but it was not yet apparent to many involved.[lvi] The proper course of action would have been to halt and build up the front and create mobile reserve to parry any Russian offensive along northern flank while reinforcing success in the Caucasus. Manstein wrote that “by failing to take appropriate action after his offensive had petered out without achieving anything definite, he [Hitler] paved the way to the tragedy of Stalingrad!”[lvii]

Transfixed by Stalingrad

Luftwaffe Ju-52 Transport

On August 19th Paulus launched a concentric attack against the Russian 62nd and 64th Armies on the Don.  The attack ran into problems, especially in Hoth’s sector.[lviii] Yet, on the 22nd the 14th Panzer Corps “forced a very narrow breach in the Russian perimeter at Vertyachi and fought its way across the northern suburbs of Stalingrad,”[lix] and reached the Volga on the 23rd. That day 4th Air Fleet launched 1600 sorties against the city dropping over 1,000 tons of bombs On the city. [lx]

The German breakthrough imperiled the Soviet position as they had concentrated their strongest forces against Hoth’s 4th Panzer Army.[lxi] The Germans maintained air superiority in the sector and the Luftwaffe continued its heavy bombing attacks.

During the last days of August the 6th Army “moved steadily forward into the suburbs of the city, setting the stage for battle.”[lxii] As the Soviets reacted to Paulus, Hoth finally achieved a breakthrough in the south which threatened the Russian position.  However, the 6th Army was unable to disengage its mobile forces from the fight in the city to link up with the 4th Panzer Army and thus another opportunity had been missed.[lxiii]

As 6th Army moved into the city, General Andrey Yeromenko ordered attacks against General Hans Hube’s 16th Panzer Division. Soviet resistance increased, and as more Red Army formations arrived the Germans suffered “one of their heaviest casualty rates.”[lxiv] Though unsuccessful, the counterattacks “managed to deflect Paulus’s reserves at the most critical moment.”[lxv]

Despite this, the Germans remained confident the first week of September as 6th Army and 4th Panzer Army linked up, but Yeremenko saved his forces by withdrawing and avoided encirclement, and retired to an improvised line close to the city.[lxvi]

“Time is Blood”

General Vasily Chuikov at Stalingrad

On September 12th Chuikov was appointed to command 62nd Army in Stalingrad.  Chuikov understood that there “was only one way to hold on. They had to pay in lives. ‘Time is blood,’ as Chuikov put it later.”[lxvii] Stalin sent Nikita Khrushchev to the front “with orders to inspire the Armies and civilian population to fight to the end.”[lxviii] The 13th Guards Rifle Division arrived on the 14th saved the Volga landings but it lost 30% casualties in its first 24 hours of combat.[lxix] An NKVD regiment and other units held the strategically sited high ground of Mamaev Kurgan, keeping German guns from controlling the Volga.[lxx]

The defenders fought house to house and block by block. Red Army and NKVD divisions were reinforced by Naval Infantry.  Chuikov conducted the defense with a brutal ferocity, relieving senior commanders who showed a lack of fight and sending many officers to penal units.  Chuikov funneled the massed German attacks into “breakwaters” where the panzers and infantry could be separated from each other causing heavy German casualties.[lxxi]

Communism Must be Deprived of Its Shrine

Now the “city became a prestige item, its capture ‘urgently necessary for psychological reasons,’ Hitler declared on October 2nd. A week later he declared that Communism must be ‘deprived of its shrine.’”[lxxii] Paulus’s troops continued to gain ground, however slowly and at great cost, especially among their infantry. Casualties were so heavy that companies had to be combined.

Chuikov used his artillery to interdict the Germans from the far side of the Volga where it was immune from ground attack. The fight in the city was fought by assault squads with incredible ferocity, and the close-quarter combat was dubbed “’Rattenkrieg’ by German soldiers.”[lxxiii]

Von Paulus brought more units into the city and continued to slowly drive the Russians back against the river, and by early October Chuikov wondered if he would be able to hold.[lxxiv] By early November Chuikov “was altogether holding only one-tenth of Stalingrad-a few factory buildings and a few miles of river bank.”[lxxv] Paulus now expected “to capture the entire city by 10 November,”[lxxvi] despite the fact that many of his units were fought out. The 6th Army Staff judged that 42% of the battalions of 51st Corps were fought out and no longer combat effective.[lxxvii] Even so, on November 9th, the 19th anniversary of the Beer Hall Putsch, Hitler declared “No power on earth will force us out of Stalingrad again!”[lxxvi.]

Operation Uranus, the Soviet Counter Offensive

On September 24th Hitler relieved Halder as Chief of Staff of the Army for persisting in explaining “what would happen when new Russian reserve armies attacked the over-extended flank that ran out to Stalingrad.”[lxxix] Many Officers on the German side now recognized the danger. Blumentritt said “The danger to the long-stretched flank of our advance developed gradually, but it became clear early enough for anyone to perceive it who was not willfully blind.”[lxxx] Warnings of the danger were also given by Rumanian Marshall Antonescu and the staff sections of Army Group B and the 6th Army[lxxxi]. Despite this Hitler remained transfixed on Stalingrad and failed to allow his commanders to conduct operations that might be more successful elsewhere. In doing so the Germans gave up the advantage of uncertainty and once the German “aim became obvious…the Russian Command could commit its reserves with assurance.”[lxxxii]

In the midst of Stalin’s concern about Stalingrad Stavka planners never lost sight of their goal to resume large scale offensive operations as soon as possible in order to destroy at least one German Army Group.[lxxxiii] Unlike Hitler, Stalin had finally begun to trust his Generals. In September, Stavka under the direction of Marshal Aleksandr Vasilevsky produced a plan to cut off the “German spearhead at Stalingrad by attacking the weak Rumanian forces on its flanks.”[lxxxiv]

At first Stalin “showed little enthusiasm” for the attack, fearing that Stalingrad might be lost, but on 13 September he gave his full backing to the proposal. [lxxxv] Zhukov, Vasilevsky, and Vatutin developed into a plan involving two operations, Operation Uranus to destroy the German and allied forces at Stalingrad, and Operation Saturn to destroy all the German forces in the south, along with a supporting attack to fix German forces in the north, Operation Mars which was aimed at Army Group Center.[lxxxvi]

Soviet Armor Advancing to the Cheers of Civilians

To accomplish the destruction of 6th Army and part of 4th Panzer Army, Stavka employed over 60% of the “whole tank strength of the Red Army.”[lxxxvii] Strict secrecy combined with numerous acts of deception were used by the Red Army to disguise the operation.[lxxxviii] The plan involved an attack against 3rd Rumanian Army on the northern flank by 5th Tank Army and two infantry armies with supporting units.[lxxxix]

In the south against the 4th Rumanian Army and weak elements of the 4th Panzer Army, another force of over 160,000 men including 430 tanks were deployed.[xc] Despite warnings from his Intelligence Officer, Von Paulus did not expect a deep offensive into his flanks and rear and made no plans to prepare to face the threat.[xci] Other senior officers at OKW believed that the attack would take place against Army Group Center.[xcii] Warlimont notes that there was a “deceptive confidence in German Supreme Headquarters.”[xciii]

The storm broke on 19 November as Soviet forces attacked, rapidly crushing Romanian armies in both sectors[xciv] and linking up on November 23rd.[xcv] The 48th Panzer Corps which was deployed to support the Romanians was weak and had few operational tanks.[xcvi] It attempted a counterattack, but was “cut to pieces” in an encounter with 5th Tank Army.[xcvii]

A promising attempt by 29th Motorized division against the flank of the southern Russian pincer was halted by the Army Group and the division was ordered to take up defensive positions south of Stalingrad.[xcviii] Meanwhile, the Luftwaffe was neutralized by bad weather.[xcix] Von Paulus, in Stalingrad continued to do nothing since the attacks were outside of his area of responsibility, and waited for instructions from the Army Group. [c]

As a result the 16th and 24th Panzer Divisions which could have assisted matters to the west remained “bogged down in street-fighting in Stalingrad.”[ci] Without support 6th Army units west of Stalingrad were forced to,retreat in horrific conditions.  By the 23rd, the 6th Army was cut off along with one corps of 4th Panzer Army and assorted Romanian units, a total over 330,000 men.  The entrapped force would require the Soviets to use seven rifle armies and devote much staff attention to eliminate.[cii]

The Death of 6th Army

Hitler ordered Von Manstein to form Army Group Don to relieve Stalingrad. Hitler would not countenance any attempt by 6th Army to break out of the pocket and wanted Manstein to break through and relieve 6th Army.[ciii] Hitler refused a request by Paulus on 23 November to move troops to prepare for a possible a break out attempt, assuring him that he would be relieved.[civ]

Albert Speer notes that General Kurt Zeitzler, who replaced Halder insisted that the Sixth Army must break out to the west.”[cv] Hitler told Zeitzler that “We should under no circumstances give this up. We won’t get it back once it’s lost.”[cvi] Hermann Goering promised that the Luftwaffe would be able to meet the re-supply needs of 6th Army by air, even though his Generals knew that it was impossible with the number of transport aircraft available.[cvii]

Hitler took Goering at his word and exclaimed “Stalingrad can be held! It is foolish to go on talking any more about a breakout by Sixth Army…”[cviii] A Führer decree was issued ordering that the front be held at all costs.[cix] Walter Goerlitz wrote that “Hitler was incapable of conceiving that the 6th Army should do anything but fight where it stood.”[cx] Likewise Manstein had precious few troops with which to counterattack and he also had to protect the flank of Army Group A, which was still deep in the Caucasus and in danger of being cut off.

Field Marshal Erich von Manstein

His army group was only at corps strength and was spread across a 200 mile front.[cxi] Any relief attempt had to wait for more troops, especially Panzers divisions. Manstein too believed that the best chance for a breakout had passed and that it was a serious error for Paulus to put the request to withdraw through to Hitler rather than the Army Group or act on his own.[cxii] Many soldiers were optimistic that Hitler would get them out.[cxiii] Other generals like Guderian, Reichenau or Hoeppner might have acted, but Paulus was no rebel.[cxi]

Operation Saturn began on 7 December. The Red Army destroyed the Italian 8th Army and forced the Germans to parry the threat.[cxv] A relief attempt by 57th Panzer Corps under Hoth on 12 December made some headway until a massive Soviet counterattack on 24 December drove it back.[cxvi] This attack was hampered by OKW’s refusal to allocate the 17th Panzer and 16th Motorized divisions to Manstein,[cxvii] and by 6th Army not attacking out to link with the relief force.[cxviii]

By January 6th, Von Paulus signaled OKW “Army starving and frozen, have no ammunition and cannot move tanks anymore.”[cxix] On 10 January the Soviets launched Operation Ring to eliminate the pocket and despite all odds German troops fought on. On the 16th Paulus requested that battle worthy units be allowed to break out, but the request was not replied to by OKW. cxx] On January 22nd the last airfield was overrun, and on January 31st Paulus surrendered.[cxxi]

Analysis

Stalingrad had strangely drawn the attention of both sides, but the Russians never lost sight of their primary objectives during the campaign. The Germans on the other hand committed numerous unforced errors mostly caused by Hitler or Paulus. After the fall of Stalingrad as the Soviets attempted to follow up their success by attempted to cut off Army Group “A” Manstein was permitted to wage a mobile defense while Von Kleist managed to withdraw with few losses.[cxxii]

The superior generalship of Manstein and Von Kleist prevented the wholesale destruction of German forces in southern Russia, and Manstein’s counter offensive inflicted a severe defeat on the Soviets. However, the German Army had been badly defeated.  The seeds of defeat were laid early, the failure to destroy bypassed Soviet formations in July, the diversion of 4th Panzer Army from Stalingrad, and the divergent objectives of trying to capture the Caucasus and Stalingrad at the same time.  This diluted both offensives ensuring that neither succeeded.  Likewise the failure to recognize the culminating point when it was reached and to adjust operations accordingly was disastrous for the Germans.

The failure create a mobile reserve to meet possible Russian counter offensives and the fixation on Stalingrad took the German focus off of the critical, yet weakly held flanks. The hubris of Hitler and OKW to believe that the Russians were incapable of conducting major mobile operations even as Stavka commenced offensive operations on those flanks all contributed to the defeat.  Clark notes these facts, but adds that the Germans “were simply attempting too much.”[cxxiii]

Soviet numbers allowed them to wear down the Germans even in defeat.[cxxiv] At the same time Stalin gave his commanders a chance to revive the mobile doctrine of deep operations with mechanized and shock armies that he had discredited in the 1930s.[cxxv] Throughout the campaign Zhukov, Chuikov and other commanders maintained both their nerve even when it appeared that Stalingrad was all but lost. They never lost sight of their goal of destroying major German formations though they failed to entrap Army Group A in the Caucasus.

Notes

[i] Clark, Alan. Barbarossa: The Russian-German Conflict:1941-45. Perennial Books, An imprint of Harper Collins Publishers, New York, NY 1965. p.191

[ii] Ibid.

[iii] Glantz, David M. and House, Jonathan. When Titan’s Clashed: How the Red Army Stopped Hitler. The University Press of Kansas, Lawrence KS, 1995. p.111

[iv] Ibid. Clark. p.191

[v] Beevor, Anthony. Stalingrad: The Fateful Siege: 1942-1943. Penguin Books, New York NY 1998. p.69

[vi] Manstein, Erich von. Forward by B.H. Liddle Hart, Introduction by Martin Blumenson. Lost victories: The War Memoirs of Hitler’s Most Brilliant General. Zenith Press, St Paul MN 2004. First Published 1955 as Verlorene Siege, English Translation 1958 by Methuen Company. p.291 This opinion is not isolated, Beevor Quotes Paulus “If we don’t take Maikop and Gronzy…then I must put an end to the war.” (Beevor pp. 69-70)  Halder on the other hand believed that Hitler emphasized that the objective was “the River Volga at Stalingrad. (Clark. p.190)

[vii] Ibid. Beevor. p.70.

[viii] Ibid. Glantz and House. p.106

[ix] Ibid. p.105-106

[x] Ibid. Clark. p.203.  The offensive did impose a delay on the German offensive.

[xi] Ibid. Clark. p.191 Each group also contained allied armies.

[xii] Ibid. p.209.

[xiii] Ibid. Glantz and House. p.119

[xiv] Ibid. Manstein. p.292.

[xv] Ibid. Clark. p.209

[xvi] Ibid. Clark.  p.211

[xvii] Ibid. Glantz and House. p.120. There is a good discussion of the impact of this decision here as 6th Army’s advance was given priority for both air support and fuel.

[xviii] Ibid. Beevor. p.74

[xix] Warlimont, Walter. Inside Hitler’s Headquarters 1939-45. Translated by R.H. Berry, Presido Press, Novato CA, 1964. p.249

[xx] Ibid. Beevor. p.75 This was the 10th NKVD Division and it took control of all local militia, NKVD, and river traffic, and established armored trains and armor training schools.

[xxi] Ibid. Clark. p.212

[xxii] Ibid. Glantz and House. p.121

[xxiii] Ibid. Beevor. p.85

[xxiv] Ibid. p.89

[xxv] Liddell-Hart, B.H. The German Generals Talk. Quill Publishers, New York, NY 1979. Originally published by the author in 1948. p.202

[xxvi] Ibid. Beevor. p.88

[xxvii] Ibid. Beevor. p.90

[xxviii] Ibid. Beevor. p.81

[xxix] Ibid. Glantz and House. p.121

[xxx] Ibid. Liddell-Hart. p.202

[xxxi] Ibid. Glantz and House. p.120

[xxxii] Goerlitz, Walter. History of the German General Staff. Westview Press, Frederick A. Praeger Publisher, Boulder, CO. 1985 p.416

[xxxiii] Ibid. Beevor. pp.95-96.

[xxxiv] Von Mellenthin, F.W. Panzer Battles: A Study of the Employment of Armor in the Second World War. Translated H. Betzler, Edited by L.C.F. Turner. Oklahoma University Press 1956, Ballantine Books, New York, NY. 1971. p.193

[xxxv] Shirer, William L. The Rise and Fall of the Third Reich. A Touchstone Book published by Simon and Schuster, 1981, Copyright 1959 and 1960. p.914

[xxxvi] Ibid. Glantz and House. p.122

[xxxvii] Ibid. Warlimont. p.256

[xxxviii] Ibid. Liddell-Hart. p.203

[xxxix] Ibid. p.204

[xl] Ibid. Shirer. p.914

[xli] Ibid. Goerlitz. p.416

[xlii] Ibid. Goerlitz. p.416

[xliii] Ibid. Manstein. p.293

[xliv] Ibid. Clark. p.214

[xlv] Ibid. Beevor. pp.97-99. The mobilization included military, political, civilian and industrial elements.

[xlvi] Liddell-Hart, B.H. Strategy. A Signet Book, the New American Library, New York, NY. 1974, Originally Published by Faber and Faber Ltd., London. 1954 & 1967. p.250

[xlvii] Ibid. Beevor. p.99.  Two key commanders arrived during this time frame, Colonel General Andrei Yeremenko, who would command the Stalingrad Front  and General Chuikov commander of 64th Army who would conduct the defense of the city.

[xlviii] Carell, Paul Hitler Moves East: 1941-1943. Ballantine Books, New York, NY 1971, German Edition published 1963. p.581

[xlix] Ibid. Shirer.  p.909.

[l] Ibid. Liddell-Hart, Strategy. p.250

[li] Wheeler-Bennett, John W. The Nemesis of Power: The German Army in Politics 1918-1945. St. Martin’s Press, New York, NY 1954.  p.531

[lii] Ibid. Wheeler-Bennett. p.531

[liii] Ibid. Beevor. p.96

[liv] Ibid. Clark. p.216.

[lv] Ibid. Von Mellenthin. P.193

[lvi] See Von Mellinthin pp.193-194.  Von Mellinthin quotes Colonel Dinger, the Operations Officer of 3rd Motorized Division at Stalingrad until a few days before its fall. Dingler noted that the Germans on reaching Stalingrad “had reached the end of their power. Their offensive strength was inadequate to complete the victory, nor could they replace the losses they had suffered.” (p.193) He believed that the facts were sufficient “not only to justify a withdrawal, but compel a retreat.” (p.194)

[lvii] Ibid. Manstein. p.294

[lviii] Ibid. Clark. p.216

[lix] Ibid. Clark. p.217

[lx] Ibid. Beevor. p.107

[lxi] Ibid. Beevor. p.107

[lxii] Ibid. Glantz and House. p.122

[lxiii] Ibid. Carell. P.601

[lxiv] Ibid. Beevor. p.118

[lxv] Ibid. Beevor. p.118

[lxvi] Ibid. Carell. p.602

[lxvii] Ibid. Beevor. p.128

[lxviii] Ibid. Carell. p.603

[lxix] Ibid. Beevor. p.134

[lxx] Ibid. Beevor. pp.136-137

[lxxi] Ibid. Beevor. p.149

[lxxii] Fest, Joachim. Hitler. Translated by Richard and Clara Winston, Harcourt, Brace, Jovanovich Publishers, San Diego, New York, London. 1974. p.661

[lxxiii] Ibid. Beevor. pp. 149-150

[lxxiv] Ibid. Beevor. p.164

[lxxv] Ibid. Carell. p.618

[lxxvi] Ibid. Glantz and House. p.123

[lxxvii] Ibid. Beevor. p.218

[lxxviii] Ibid. Carell. p.623

[lxxix] Ibid. Goerlitz. p.418

[lxxx] Ibid. Liddell-Hart. The German Generals Talk. p.207

[lxxxi] Ibid. Manstein. p292

[lxxxii] Ibid. Liddell-Hart. History of the Second World War. p.258

[lxxxiii] Ibid. Glantz and House. p.129

[lxxxiv] Ibid. Glantz and House. p.130

[lxxxv] Ibid. Beevor. pp.221-222 Glantz and House say that Stalin gave his backing in mid-October but this seems less likely due to the amount of planning and movement of troops involved to begin the operation in November.

[lxxxvi] Ibid. Glantz and House. p.130

[lxxxvii] Ibid. Beevor. p.226

[lxxxviii] Ibid. Glantz and House. p.132

[lxxxix] Ibid. Glantz and House. p.130

[xc] Ibid. Beevor. p.227

[xci] Ibid. Beevor. p.228

[xcii] Ibid. Clark. p.235

[xciii] Ibid. Warlimont. p.274

[xciv] Ibid, Carell. p.627 3rd Rumanian Army lost 75,000 men in three days.

[xcv] Ibid. Clark.pp.247-248

[xcvi] The condition of the few German Panzer Divisions in position to support the flanks was very poor, the 22nd had suffered from a lack of fuel and maintenance and this many of its tanks were inoperative. Most of the armor strength of the 48th Panzer Corps was provided by a Rumanian armored division equipped with obsolete Czech 38t tanks provided by the Germans.

[xcvii] Ibid. Clark. pp.251-252. The designation of 2nd Guards Tank Army by Clark has to be wrong and it is the 5th Tank Army as 2nd Guards Tank was not involved in Operation Uranus.  Carell, Beevor and Glantz properly identify the unit.

[xcviii] Ibid. Carell. p.630

[xcix] Ibid. Beevor. p.244

[c] Ibid. Beevor. p.247

[ci] Ibid. Beevor. p.245

[cii] Ibid. Glantz and House. p.134

[ciii] Ibid. Glantz and House. p.134

[civ] Ibid. Clark. p.256

[cv] Speer, Albert. Inside the Third Reich. Collier Books, a Division of MacMillan Publishers, Inc. New York, NY 1970. p.248

[cvi] Heiber, Helmut and Glantz, David M. Editors. Hitler and His Generals: Military Conferences 1942-1945. Enigma Books, New York, NY 2002-2003.  Originally published as Hitlers Lagebsprechungen: Die Protokollfragmente seiner militärischen Konferenzen 1942-1945. Deutsche Verlags-Anstalt GmbH, Stuttgart, 1962. p.27

[cvii] Ibid. Glantz and House. p.135 Glantz and House note that the amount of aircraft estimated to successfully carry out the re-supply operation in the operational conditions was over 1,000.  The amount needed daily was over 600 tons of which the daily reached only 300 tons only one occasion.

[cviii] Ibid. Speer. p.249

[cix] Ibid. Carell. p.636

[cx] Ibid. Goerlitz. p.426

[cxi] Ibid. Clark. p.252

[cxii] Ibid. Manstein. p.303

[cxiii] Ibid. Beevor. p.276

[cxiv] Ibid. Carell. p.640

[cxv] Ibid. Glantz and House. p.140

[cxvi] Ibid. Glantz and House. p.140

[cxvii] Ibid. Clark. p.264

[cxviii] Ibid. Manstein. p.337

[cxix] Ibid. Beevor. p320

[cxx] Ibid. Beevor. p.365

[cxxi] Of the approximately 330,000 in the pocket about 91,000 surrendered, another 45,000 had been evacuated.  22 German divisions were destroyed.

[cxxii] Ibid. Liddell-Hart. The German Generals Talk. p.211

[cxxiii] Ibid. Clark. p.250

[cxxiv] Ibid. Glantz and House. p.124

[cxxiv] Ibid. Beevor. p.221

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Beevor, Anthony. Stalingrad: The Fateful Siege: 1942-1943. Penguin Books, New York NY 1998

Carell, Paul Hitler Moves East: 1941-1943. Ballantine Books, New York, NY 1971, German Edition published 1963.

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Heiber, Helmut and Glantz, David M. Editors. Hitler and His Generals: Military Conferences 1942-1945. Enigma Books, New York, NY 2002-2003.  Originally published as Hitlers Lagebsprechungen: Die Protokollfragmente seiner militärischen Konferenzen 1942-1945. Deutsche Verlags-Anstalt GmbH, Stuttgart, 1962.

Liddell-Hart, B.H. The German Generals Talk. Quill Publishers, New York, NY 1979. Originally Published by the author in 1948.

Liddell-Hart, B.H. Strategy. A Signet Book, the New American Library, New York, NY. 1974, Originally Published by Faber and Faber Ltd., London. 1954 & 1967

Manstein, Erich von. Forward by B.H. Liddle Hart, Introduction by Martin Blumenson. Lost victories: The War Memoirs of Hitler’s Most Brilliant General. Zenith Press, St Paul MN 2004. First Published 1955 as Verlorene Siege, English Translation 1958 by Methuen Company

Shirer, William L. The Rise and Fall of the Third Reich. A Touchstone Book published by Simon and Schuster, 1981, Copyright 1959 and 1960

Speer, Albert. Inside the Third Reich. Collier Books, a Division of MacMillan Publishers, Inc. New York, NY 1970.

Von Mellenthin, F.W. Panzer Battles: A Study of the Employment of Armor in the Second World War. Translated H. Betzler, Edited by L.C.F. Turner. Oklahoma University Press 1956, Ballantine Books, New York, NY. 1971.

Warlimont, Walter. Inside Hitler’s Headquarters 1939-45. Translated by R.H. Berry, Presido Press, Novato CA, 1964.

Wheeler-Bennett, John W. The Nemesis of Power: The German Army in Politics 1918-1945. St. Martin’s Press, New York, NY 1954

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Robert Jackson’s Opening Statement at Nuremberg: Robert Ley and The Nazi Battle Against the Working Class

Friends of Padre Steve’s World,

Yesterday I wrote about the opening of the Major War Criminal Trial at Nuremberg. United States Supreme Court Justice Robert Jackson, serving as the Chief Prosecutor for the American team delivered one of the most compelling opening statements in legal history.

I think that it is a story worth of telling in Jackson’s own words. I have started reading the nine-volume transcript of the trial in between my other reading because it is a wealth of information regarding Hitler’s Nazi regime that too few people today are familiar with or even care about. It happened long ago, the participants, perpetrators, bystanders, and victims are dying off every day. Soon there will be no one alive who lived through those times to sound the warning from history, even as authoritarian regimes take power in nations which either cooperated with, or were the victims of Hitler’s legions and racial policies of occupation.

Likewise, new strains of the old American plague of often violent, and sometimes state supported racism, and anti-Semitism raises its ugly specter throughout the United States.

Tonight I am continuing to post the transcripts from Jackson’s opinion statement. This section deals with Justice Jackson’s description of the Nazi battles against Labor Unions. Tomorrow night I will post his description of the Nazi war against the Churches before moving on the the War against the Jews, and the Nazi crimes in the prosecution of the war.

The war against Labor, which included the political parties associated with it, the Social Democrats and the German Communists were key to completing the Nazi seizure of power and Gleichschaltung (coordination) of all aspects of life in the Nazi State. The Communist Party of Germany had already been suppressed, its leaders banned from the Reichstag, with many taken to Dachau. The Social Democrats would be he last party to resist the Nazi takeover as all other parties had already dissolved themselves prior to the assault on the Labor Unions.

The Nazis fully understood the power of the German Labor movement. It was a general strike by Unions which defeated the Kapp Putsch in 1922. The Nazis would not allow the Unions to stand in their way.

Trade Union leaders were deceived by the words of Hitler. Hitler flew these leaders from all over Germany to take party in a celebration of Labor at Berlin’s Tempelhof airport. Hitler told the leaders and the gathered workers:

“You will see how untrue and unjust is the statement that the revolution is directed against the German workers. On the contrary.” Later in his speech to more than 100,000 workers at the airfield Hitler pronounced the motto, “Honor work and respect the worker!” and promised that May Day would be celebrated in honor of German labor “throughout the centuries.” (William Shirer, The Rise and Fall of the Third Reich)

The next day the offices of the Unions were taken over, their funds confiscated, leaders arrested and sent to Concentration Camps, and the Unions themselves dissolved. Two weeks later, the right to collective bargaining was eliminated.

THE NAZI BATTLE AGAINST LABOR

Robert Ley

The defendant Ley between 1932-1945 was: a member of the Nazi Party, Reichsleiter, Nazi Party Organisation Manager, member of the Reichstag, leader of the German Labour Front, a General in the S.A., and Joint Organiser of the Central Inspection for the Care of Foreign Workers. The defendant Ley used the foregoing positions, his personal influence and his intimate connection with the Fuehrer in such a manner that: he promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany as set forth in Count One of the Indictment; he promoted the preparation for war set forth in Count One of the Indictment; he authorised, directed and participated in the War Crimes set forth in Count Three of the Indictment, and in the Crimes against Humanity set forth in Count Four of the Indictment, including particularly the War Crimes and Crimes against Humanity relating to the abuse of human beings for labour in the conduct of the aggressive wars.

Continuation of Jackson’s Opening Statement

When Hitler came to power there were in Germany three groups of trade unions. The General German Trade Union Confederation (A.D.G.B.) with twenty-eight affiliated unions, and the General Independent Employees Confederation (A.F.A.) with thirteen federated unions together numbered more than 4,500,000 members. The Christian Trade Union had over 1,250,000 members.

The working people of Germany, like the working people of other nations, had little to gain personally by war. While labour is usually brought around to the support of the nation at war, labour by and large is a pacific, though by no means a pacifist force in the world. The working people of Germany had not forgotten in 1933 how heavy the yoke of the war lord can be. It was the working men who had joined with the sailors and soldiers in the revolt of 1918 to the First World War. The Nazis had neither forgiven nor forgotten. The Nazi programme required that this part of the German population not only be stripped of power to resist diversion of its scanty comforts to armament, but also be wheedled or whipped into new and unheard-of sacrifices as a part of the Nazi war preparation. Labour must be cowed, and that meant its organisations and means of cohesion and defence must be destroyed.

The purpose to regiment labour for the Nazi Party was avowed by Ley in a speech to workers on 2nd May, I933, as follows:-

“You may say what else do you want, you have the absolute power. True we have the power, but we do not have the whole people, we do not have you workers 100 per cent, and it is you whom we want; we will not let you be until you stand with us in complete, genuine acknowledgement.” (614-PS)

The first Nazi attack was upon the two larger unions. On 21st April, 1933, an order, not even in the name of the Government, but of the Nazi Party, was issued by the conspirator Robert Ley as “Chief of Staff of the political Organisation of the N.S.D.A.P” applicable to the Trade Union Confederation and the Independent Employees Confederation. It directed seizure of their properties and arrest of their principal leaders. The Party order directed Party organs which we here denounce as criminal associations, the S.A. and S.S., “to be employed for the occupation of the trade union properties, and for the taking into custody of personalities who come into question.” And it directed the taking into “protective custody” of all chairmen and district secretaries and union and branch directors of the labour bank. (392-PS)

These orders were carried out on 2nd May, 1933. All funds of the labour unions, including pension and benefit funds, were seized. Union leaders were sent to concentration camps. A few days later, on 10th May, 1933, Hitler appointed Ley leader of the German Labour Front (Deutsche Arbeitsfront), which succeeded to the confiscated union funds. The German Labour Front, a Nazi controlled labour bureau, was set up under Ley to teach the Nazi philosophy to German workers and to weed out from industrial employment all who were backward in their lessons. (940-PS) “Factory Troops” were organised as an “ideological shock squad within the factory” (1817-PS). The Party order provided that “outside of the German Labour Front, no other Organisation (whether of workers or of employees) is to exist.” On 24th June, 1933, the remaining Christian Trade Unions were seized, pursuant to an order of the Nazi Party, signed by Ley.

On 19th May, 1933, this time by a Government decree, it was provided that “trustees” of labour, appointed by Hitler, should regulate the conditions of all labour contracts, replacing the former process of collective bargaining (405-PS). On 30th November, 1934, a decree “regulating national labour” introduced the Fuehrer principle into industrial relations. It provided that the owners of enterprises should be the “Fuehrers” and the workers should be the followers. The enterprise-fuehrers should “make decisions for employees and labourers in all matters concerning the enterprise” (1861-PS). It was by such bait that the great German industrialists were induced to support the Nazi cause, to their own ultimate ruin.

Not only did the Nazis dominate and regiment German labour, but they forced the youth into the ranks of the labouring people they had thus led into chains. Under a compulsory labour service decree on 26th June, 1935, young men and women between the ages of 18 and 25 were conscripted for labour (1654-PS). Thus was the purpose to subjugate German labour accomplished.

In the words of Ley, the accomplishment consisted “in eliminating the association character of the trade union and employees’ associations, and in its place we have substituted the conception ‘soldiers of work’.” The productive manpower of the German nation was in Nazi control. By these steps the defendants won the battle to liquidate labour unions as potential opposition and were enabled to impose upon the working class the burdens of preparing for aggressive warfare.

Robert Ley, the field marshal of this battle against labour, answered our indictment with suicide. Apparently he knew no better answer.

This still matters. For many years in the United States and Western Europe Labor Unions have been under attack and despite the good that they have done for all workers have been denuded of much of their social, economic, and political power. At one time Unions were a bulwark against the unbridled thirst for political and economic of massive multinational corporations.

Nuremberg reminds us of what happens when free Labor Unions are destroyed.

Until tomorrow,

Peace,

Padre Steve+

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A Trial of Supreme Importance: The Nuremberg War Crimes Trial at 73 Years

Friends of Padre Steve’s World,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This is especially so in the United States where Donald Trump has made repeated policy statements limiting civil rights and freedom of speech, limiting the role of the courts, curtailing freedom of the press, favoring one religion above others, curtailing the legal and civil rights of whole groups of people, expelling millions of people, banning whole groups of other people entry into the country, promising to rid the government of his opponents, to fire military leaders who disagree with him in mass, to commit the military to use methods that are condemned as war crimes, war crimes such as were prosecuted by the United States and her Allies at Nuremberg.

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

But at what price?

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

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

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

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

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

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

The Nuremberg trials help us to understand why.

Until tomorrow,

Peace

Padre Steve+

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