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Justice and Life as an Exercise in Exceptions: Faith in the Age of Trump

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Friends of Padre Steve’s World,

The English Mathematician and founder of Process Philosophy, Alfred North Whitehead wrote:

Religion carries two sorts of people in two entirely opposite directions: the mild and gentle people it carries towards mercy and justice; the persecuting people it carries into fiendish sadistic cruelty…” 

I find much truth in Whitehead’s words. Those who follow my writings know how much I struggle with faith and doubt on a daily basis. I believe, but as the man told Jesus when he asked Jesus to heal his child “I believe, help my unbelief.” I no longer believe in the “absolute truths” that I once believed.

Of course to some this makes me a heretic or worse. That being said, as a Christian, I have faith in a God I cannot see or prove. I have faith in a God who Scripture and Tradition clothes himself in human weakness and allows himself to be killed based on the trumped up charges of corrupt and fearful religious leaders aided by fearful politicians. For me this is part of being a theologian of the Cross in a post-Auschwitz world.

Jürgen Moltmann, a German theologian who wrote the book The Crucified God answered a question about believing in God after Auschwitz:

“A shattering expression of the theologia crucis which is suggested in the rabbinic theology of God’s humiliation of himself is to be found in Night, a book written by E. Wiesel, a survivor of Auschwitz:

The SS hanged two Jewish men and a youth in front of the whole camp. The men died quickly, but the death throes of the youth lasted for half an hour. ‘Where is God? Where is he?’ someone asked behind me. As the youth still hung in torment for a long time, I heard the man call again, ‘Where is God now?’ And I heard a voice in myself answer: ‘Where is he? He is here. He is hanging there on the gallows…’

Any other answer would be blasphemy. There cannot be any other Christian answer to the question of this torment. To speak here of a God who could not suffer would make God a demon. To speak here of an absolute God would make God an annihilating nothingness. To speak here of an indifferent God would condemn men to indifference.

(Jurgen Moltmann, The Crucified God, p 273-274)

In answer to the question “How can we believe in God after Auschwitz he responded:

“In whom can we believe after Auschwitz if not God?

Likewise, Rabbi Emil Fackenheim noted:

If we abandoned our faith in God after Auschwitz, we would give Hitler a posthumous victory.

And as long as we know that the ‘Sh’ma Yisrael’ and the ‘Our Father’ prayers were prayed in Auschwitz, we must not give up our faith in God.”

Thus, while I believe, I have a problem with Christians or members of other religions try to use the police power of state to enforce their beliefs on others. In this belief I am much like the great Virginia Baptist leader, John Leland who was a driving force behind the First Amendment and the Bill of Rights who wrote:

“Is conformity of sentiments in matters of religion essential to the happiness of civil government? Not at all. Government has no more to do with the religious opinions of men than it has with the principles of mathematics. Let every man speak freely without fear–maintain the principles that he believes–worship according to his own faith, either one God, three Gods, no God, or twenty Gods; and let government protect him in so doing, i.e., see that he meets with no personal abuse or loss of property for his religious opinions. Instead of discouraging him with proscriptions, fines, confiscation or death, let him be encouraged, as a free man, to bring forth his arguments and maintain his points with all boldness; then if his doctrine is false it will be confuted, and if it is true (though ever so novel) let others credit it. When every man has this liberty what can he wish for more? A liberal man asks for nothing more of government.”

When it comes to God, I believe, but my doubts are all too real. Frankly I cringe when I hear religious people speaking with absolute certitude about things that they ultimately cannot prove, and that includes the concept of justice, which cannot always be measured in absolutes.

Captain Jean Luc Picard (Patrick Stewart) noted in the Star Trek the Next Generation episode Justice: 

“I don’t know how to communicate this, or even if it is possible. But the question of justice has concerned me greatly of late. And I say to any creature who may be listening, there can be no justice so long as laws are absolute. Even life itself is an exercise in exceptions.”

I have found and learned to accept that life as we know it “is an exercise in exceptions.”  We all make them, and the Bible and the history of the church is full of them. So I have a hard time with people who claim an absolute certitude in beliefs that wish to impose on others.

True believers frequently wrap themselves in the certitude of their faith. They espouse doctrines that are unprovable and then build complex doctrinal systems to prove them, systems that then which must be defended, sometimes to the death. Eric Hoffer wrote:

A doctrine insulates the devout not only against the realities around them but also against their own selves. The fanatical believer is not conscious of his envy, malice, pettiness and dishonesty. There is a wall of words between his consciousness and his real self.”

Henri Nouwen, the Priest who wrote the classic book on pastoral care, The Wounded Healer, and many other works wrote:

Theological formation is the gradual and often painful discovery of God’s incomprehensibility. You can be competent in many things, but you cannot be competent in God.” 

No one can be competent in God, I certainly am not. I am sure that even well meaning people who claim to be are hopelessly deluded, and those that those that use their alleged competence in God to prop up evil are far worse, they are evil men masquerading as good.

Those men and women that speak of absolutes and want to use the Bible or any other religious text as some sort of rule book that they alone can interpret need to ask themselves this question, “When has justice ever been as simple as a rulebook?” The Bible is not a rule book, but a story of imperfect people trying to understand and live an experience with a being that they, like us, can only imagine and often misunderstand.

Sadly too many people, Christians, Moslems, Jews, Hindus, and others apply their own misconceptions and prejudices to their scriptures and use them as a weapon of temporal and divine judgement on all who they oppose. However, as history, life and even our scriptures testify, that none of us can absolutely claim to know the absolutes of God. As Captain Picard noted “life itself is an exercise in exceptions.” 

It takes true wisdom to know when and how to make these exceptions, wisdom based on reason, grace and mercy. Justice, is to apply the law in fairness and equity, knowing that even our best attempts can be misguided. If instead of reason we appeal to emotion, hatred, prejudice or vengeance and clothe them in the language of righteousness, what we call justice can be more evil than any evil it is supposed to correct, no matter what our motivation.

But we see it all too often, religious people and others misusing faith or ideology to condemn those they do not understand or with whom they disagree. It is happening again.

When such people gain power, especially when the do so supporting a leader who is they tend to expand that power into the realm of theocratic absolutism and despotism. As Captain Jean Luc Picard noted in the Start Trek Next Generation episode The Drumhead: 

“We think we’ve come so far. Torture of heretics, burning of witches it’s all ancient history. Then – before you can blink an eye – suddenly it threatens to start all over again.”

It is happening, all around the world, and it could easily happen here. Our founders realized how easily it could happen, they warned about it; but they are dead, and neither Trump or his followers give a damn about them or the Constitution that they crafted. In fact, his followers are for more dangerous thanTrump, because they will outlast him by a generation, or more, always waiting for the chance to grab power by any means possible.

Peace,

Padre Steve+

Padre Steve+

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“All Stop” Pausing to Remember the End of An Age

Friends of Padre Steve’s World,

In the midst of a very busy “day off” due to the National Day of Mourning in honor of the late President George H. W. Bush, I stopped everything to watch his funeral. On a ship the command “All Stop” involves taking all engines off line by disengaging the engines from the propeller shafts, where they are neither driving the ship forward or in reverse. For landlubbers it is like one puts a car with a manual transmission in neutral or park. The engines may continue to run, but the ship is not being driven forward or reverse.

For a bit over two hours I did that today. I stopped. I didn’t look at email, didn’t answer telephone calls or texts, and didn’t check Facebook or Twitter, instead I stopped to watch, listen, and reflect during the funeral for President Bush. I had other things that I could have done, but as a historian I knew that it was the end of an age.

State funerals are something special in the United States, unlike our mother country we are a republic, and democracy. While Great Britain is a Constitutional Monarchy, it is still a monarchy. State funerals in the United States serve to remind us of our heritage even in times when many people either pay lip service to it, or actually despise it, longing for some form of autocracy. The funeral of President Bush served as a reminder of that better and more noble heritage, what Abraham Lincoln referred to as the better angels of our nature.

Earlier in the morning I had taken Judy to her first physical therapy appointment in two weeks since she tore a Quadricep muscle while doing at home physical therapy after her first knee replacement surgery. She is making great progress but the pain is still pretty bad and she has a hard time getting comfortable in bed, something that makes sleep difficult. After that we went out to breakfast before coming home.

As a Priest, Chaplain, military officer, and historian I thought that it was important. President Bush had been out of office for around 26 years and only had served one term as President, however, those four years were among the most critical in the history of the modern world. The collapse of the Soviet Union and the Warsaw Pact, the reunification of Germany as a Westen oriented member of NATO and the European Union, and the liberation of Kuwait and defeat of Iraq by a disparate coalition of 29 very different nations under the authority of the United Nations all within a period of barely two years time were remarkable, and something that we will probably never see again in our lifetimes.

Whether one agreed or disagreed with individual policies enacted by him or his administration; and I did have my share of disagreements one had to admit the basic decency, humility, and respect for political opponents that enabled him to build relationships and keep friendships.

Today’s funeral dealt with history and what it is to be an American: friendship, family, faith, a dedication to the ideals written in the Declaration of Independence, spoken of by Abraham Lincoln at Gettysburg, which referred to that ideal and pledged to build a more perfect Union, as well as a belief in an ideal of service to something greater than ourselves.

Historian John Meecham, former Canadian Prime Minister Brian Mulroney, former Senator Alan Simpson, and his son, former President George W. Bush, speaking as a son and not a President, were a portrait and a biography of a man who loved life, loved his family, loved his country and who had the courage to defy Party hardliners if it benefited the county, and who could take the time to care about children afflicted with the Leukemia that killed his daughter Robin at the tender age of three.

His was the story of a man who defied affluence and privilege to serve his country by volunteering to serve as soon as he could after the nation went to war, and who at the tender age of 18 became the youngest Naval Aviator in our history. Shot down over Chuchi Jima, he mourned the loss of his flight crew and was always aware of the human cost of war. He did not commit the lives of young Americans, allies, or coalition partners without reflecting on the loss of his flight crew. When he committed the nation to war in 1991 he did so only under the mandate of the United Nations and with a coalition that would be unimaginable today. I could never see our current President doing what George H. W. Bush did to keep the world from plunging into an abyss of disorder and irresponsibility.

This isn’t to say that he didn’t make mistakes, couldn’t go for the jugular as a politician, or who didn’t change his positions on various issues out of political expediency; but he always remained a fundamentally decent man who had great empathy for others.

His funeral was attended by more heads of state, former heads of state, or royalty since that of John F. Kennedy. As I watched the hearse which bore his body from the funeral in which the current President and four other Presidents gathered along with so many heads of state or former leaders gathered I was reminded of the words of historian Barbara Tuchman speaking about then funeral of British King Edward VII:

“So gorgeous was the spectacle on the May morning of 1910 when nine kings rode in the funeral of Edward VII of England that the crowd, waiting in hushed and black-clad awe, could not keep back gasps of admiration. In scarlet and blue and green and purple, three by three the sovereigns rode through the palace gates, with plumed helmets, gold braid, crimson sashes, and jeweled orders flashing in the sun. After them came five heirs apparent, forty more imperial or royal highnesses, seven queens – four dowager and three regnant – and a scattering of special ambassadors from uncrowned countries. Together they represented seventy nations in the greatest assemblage of royalty and rank ever gathered in one place and, of its kind, the last. The muffled tongue of Big Ben tolled nine by the clock as the cortege left the palace, but on history’s clock it was sunset, and the sun of the old world was setting in a dying blaze of splendor never to be seen again.”

Until tomorrow,

Peace,

Padre Steve+

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“You’re Worse… You Went Along With it All, Even Though You Knew…” Loyal Servants of Evil Regimes

Friends of Padre Steve’s World,

One of the more sobering war movies that I have ever watched is the film Stalingrad. Released in 1993 it is the story of four soldiers of a platoon of soldiers of the 336th Pioneer Battalion. The Pioneers were the equivalent of American Combat Engineers. It is a sobering film to watch. In a way it is much like the film Platoon. Director Joseph Vilsmaier made the battle and the human suffering come alive with realism. There is no happy ending and there are few if any heroes. The men see, protest, are punished, and then are ordered to participate in war crimes.

The battle of Stalingrad was one of the turning points of the Second World War, over a million Russian, German, Romanian, and Italian Soldiers died in the battle. Of the 260,000 soldiers of the German Sixth Army which led the attack in Stalingrad and then were surrounded by the Soviet counter-offensive, very few survived. Some escaped because they were evacuated by transport planes, but most perished. Of the approximately 91,000 German soldiers that surrendered only about 6,000 returned home.

I’ll write about that battle again around Christmas and on the anniversary of its surrender at the end of January, but there are two sequences of dialogue that stood out to me. The first is at the beginning of the battle where a German Chaplain exhorts the soldier to fight against the “Godless Bolsheviks” because the Germans believed in God and the officially Atheistic Soviet Union and its people did not. In his exhortation the Chaplain calls attentional the belt buckles worn by every soldier in the Wehrmacht, which were embossed with the words Gott mit Uns, or God is with us.

I am a a military Chaplain. I have been one since 1992, and the older I get the more distrustful I am of men who place a veneer of region over the most ungodly and unjust wars. For me that was frightening because I do know from experience that the temptation to do such things when in uniform is all too great, but how can anyone exhort people to acts of criminality in the name of God? I know that it is done far too often and I hate to admit I personally know, or know of American military chaplains who would say the same thing as the German Chaplain depicted in the film. Back in the Cold War while serving as an officer before I became a Chaplain I used to talk about the Godless Communists.

The second question is also difficult. I have been in the military for about thirty-seven plus years. Truthfully I am a dinosaur. I am the second most senior and the oldest sailor on my base. I have served during the Cold War as a company commander, was mobilized as a chaplain to support the Bosnia operation in 1996, I have served in the Korean DMZ, at sea during Operation Enduring Freedom and Southern Watch, and with American advisors to the Iraqi Army, Police, and Border troops in Al Anbar Province. I have seen too much of war but even though I could retire from the military today I still believe that I am called to serve and care for the men and women who will go into harm’s way.

That being said those who have read my writings on this site for years know just how anti-war I have become and why this dialogue hits so hard. Some of the members of the platoon are accused of cowardice and sent to a penal company in order to redeem themselves. The commander of the unit, a Captain who hold the Knight’s Cross of the Iron Cross is confronted by one of the men.

Otto: You know we don’t stand a chance. Why not surrender?

Captain Hermann Musk: You know what would happen if we do.

Otto: Do we deserve any better?

Captain Hermann Musk: Otto, I’m not a Nazi.

Otto: No, you’re worse. Lousy officers. You went along with it all, even though you knew who was in charge.

That is something that bothers me even today. I wonder about the men who go along with wars which cannot be classified as anything other than war crimes based on the precedents set by Americans at Nuremberg, and I am not without my own guilt. In 2003 I had my own misgivings about the invasion of Iraq, but I wholeheartedly supported it and volunteered to go there.

I was all too much like the German Captain. I went along with it despite my doubts. As a voter I could have cast my vote for John Kerry in 2004, but I didn’t. Instead I supported a President who launched a war of aggression that by every definition fits the charges leveled against the leaders of the Nazi state at Nuremberg. When I was in Iraq I saw things that changed me and I have written in much detail about them on this site, but I supported that invasion.

Now as a nation we are in a place where a man who openly advocates breaking the Geneva and Hague Conventions, supports the use of torture, and who both beats the drums of war, to the extent of appointing one of the most strident proponents of the invasion of Iraq as his National Security Advisor. Likewise, he holds the professional military in contempt appears to be angling for war in the Middle East against Iran even as he excuses the criminal actions of Saudi Arabia in Yemen and against American residents.

I have no doubt that unless something changes that a terrible war is coming and that our President will be a catalyst for it. But for the next nine months before I retire, I will remain in the military to care for the sailors, soldiers, marines, and airmen who will have to go to war and perhaps fight and die.

The thought haunts me and makes it hard for me to sleep at night and I do my best to speak up and be truthful in fulfillment of my priestly vows and my oath of office. Today, unlike my younger years; one thing for me is true: I will never tell any military member that God is with us in the sense that all too many Christian nationalists have done in the past.

I don’t actually think that I ever said the words “God is with us” in regards to advocating war in my career as a Chaplain, but I am sure that my words, and public prayers could have been interpreted in that way when I was younger, especially in the traumatic days after September 11th, 2001.

Likewise, I did go along with the war in Iraq even though I understood what it meant! and what the men and women who engineered it wanted when they took us to war. Sadly, I trusted my leaders too much, especially when Secretary of State Colin Powell spoke before the United Nations to prove the case against Iraq just before the invasion.

Supreme Justice Robert Jackson, who served as the Chief American Prosecutor at Nuremberg stated in the London Agreement:

“If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.”

Now we live in a world where nationalism, ethnic, racial, and religious hatred are rising, and our own President seems to be abandoning the democratic and pluralistic ideas of or founders, while praising and tacitly supporting authoritarian and Fascist rulers around the world. Honestly, I dread what may befall us if he remains in power.

So until tomorrow,

Peace

Padre Steve+

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Who Were the Bodies? The Nazi Crimes Against Humanity in Retrospect

Friends of Padre Steve’s World,

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

Who Were they?

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

They were men and women, wives and husbands, sons and daughters. They spanned the spectrum from infants to the aged. Too many times multiple generations of families went to death together. Hermann Graebe, a civilian employed to help build roads for the Wehrmacht came across one of the many massacres committed up close and personal by SS Men on October 5th 1943 at Dubno, Ukraine. He testified:

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

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

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

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

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

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

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

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

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

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

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

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

 

Columns of Jews march past a corpse in Kiev

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

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

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

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

 

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

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

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

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

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

Jews at Babi Yar waiting to be murdered

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

They thought they were just being relocated.              

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

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

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

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

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

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

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

He continued with some pride during cross examination:

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

But the bodies…

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

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

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

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

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

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

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

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

Until tomorrow,

Peace,

Padre Steve+

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Filed under ethics, History, holocaust, Loose thoughts and musings, nazi germany, News and current events

Unassuming, Competent, and Honorable: George H. W. Bush 1924-2018

Friends of Padre Steve’s World,

I was working on another article last night and called it quits because I was tired. I’ll finish and post it tomorrow. But as I was settling in for the night my iPhone and iPad lit up with notifications that former President George H. W. Bush had died.

Many others from across the political spectrum have paid tribute to him far better than Incan ever hope to do. I had a lot of admiration for him. He brought a wealth of experience into the White House which paid huge dividends for the nation and the world as the Cold War ended and the world that we had known for forty years changed overnight.

It was a time fraught with real danger. The collapse of the Soviet Union and the Warsaw Pact brought freedom to much of Eastern Europe, but also unleashed a storm of long suppressed, but ancient ethnic and religious hatreds, especially in the Balkans. Likewise, the system by which the United States and the Soviet Union kept client States in line collapsed. Saddam Hussein’s Iraq was but one of these nations.

Likewise, China responded to calls for democracy by crushing the peaceful demonstrations in Tiananmen Square in June 1989. Some leaders of Warsaw Pact nations whose people began to push for democracy and freedom were tempted to use force to crush their protestors, but none did. Credit has to be given to President Bush for how he used his knowledge, influence, and diplomatic skills to help bring down the Berlin Wall as Communist regimes collapsed all across Eastern Europe.

When Saddam Hussein brazenly invaded Kuwait, it was Bush who worked with the United Nations to build a true international coalition against Hussein and to ensure that Iraq was unable to split that coalition, which included many Arab nations, when it began shooting SCUD missiles at Israel.

At home he wanted a kinder and gentler country, something that we could sure use today. He was despised by Right Wing Republicans and Conservatives for not being “conservative enough.” Of course, the kind of conservatives they wanted in government were the uncompromising, yet morally bankrupt men like Newt Gingrich, and ultimately Donald Trump.

Bush’s political problem was one of hs greatest strengths. He was a decent man who brought humility to his office and did not make the Presidency about himself. He was gracious in defeat and went on work with the man who defeated him in 1992, Bill Clinton, on a number of humanitarian projects.

He was the last member of what has been termed “the Greatest Generation” serve as President. As a nineteen year old he put college on hold and became the second youngest man commissioned as a Naval Aviator. While serving with VT-51 (Torpedo Squadron 51) based on the USS San Jacinto, his TBM Avenger torpedo bomber was shot down over Chuchi Jima. With his aircraft’s engine on fire from hits from Japanese anti aircraft fire, Bush piloted his aircraft away from land to enable his crew to bail out. One went down with the aircraft, the other’s parachute failed to open. Bush landed in the ocean. U.S. fighter aircraft circled overhead and four hours later he was fished from the sea by the crew of the submarine USS Finback. Upon his return to the San Jacinto, Bush rejoined his squadron and flew until the squadron was rotated out of combat. He flew 58 combat missions and was received the Distinguished Flying Cross and three awards of the Air Medal.

Of the Presidents that served in the Second World War, only Bush and John F. Kennedy came so close to death serving in the Pacific. Gerald Ford served in combat operations about the Light Carrier USS Monterrey, a sister ship of San Jacinto for a year and a half. Richard Nixon volunteered for service even though being a Quaker he could have claimed consciousness objector status. He applied for sea duty but was assigned to various logistics and administrative assignments in the Pacific throughout the war. Lyndon Johnson served in the South Pacific, interrupting his congressional term to personally report on the situation to President Franklin Roosevelt. During his tour he got himself aboard an Army Air Force B-26 Marauder which was on a combat mission. There are differences in what happened during the mission, but alone among the crew Johnson, was recommended by Douglas MacArthur for, and awarded the Silver Star. Of course, Ronald Reagan, who had become a Reserve Officer in 1937, never left the Continental United States and was engaged in making training and recruitment films. Jimmy Carter entered the Naval Academy in 1943 but was commissioned too late to see service in the war.

Bush epitomized public service as an elected and appointed official, serving as a Congressman, Ambassador to the United Nations, Envoy to the People’s Republic of China, and Director of the Central Intelligence Agency, before becoming Ronald Reagan’s Vice President.

As President he surrounded himself with competent professionals who were up to the challenges that his Presidency had to deal with. Unlike his predecessor, Ronald Reagan, there was no shady Iran Contra scandal, or Bill Clinton’s descent into extramarital forced fellatio with White House Intern Monica Lewinski and his lies about it. Neither can his response to Saddam Hussein’s Invasion of Kuwait in 1990 be compared to the criminal invasion launched by his son against Iraq in 2003.

Unlike many of his predecessors and successors he could not only take a jokes and parodies, but became a friend with one of his most successful imitators, Dana Carvey, from Saturday Night Live. Carvey’s parody of the President inspired me to learn to imitate him, Bill Clinton, Ross Perot, Bob Dole and others. Most people who have heard me think that I do Clinton the best, some say that my impersonation of him is scary, but I digress. At his final White House holiday party before he left office, Bush secretly invited Carvey. They became lifelong friends. But that is who George H. W. Bush was, and why I can appreciate him so much.

He was a devoted husband and father. He was preceded in death by his wife Barbara and daughter Robin.

May he Rest In Peace.

Peace,

Padre Steve+

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Filed under History, leadership, News and current events, Political Commentary, shipmates and veterans

“Say I Slew them Not” The Individual Responsibility and Lies of the Nuremberg Defendants: Robert Jackson’s Closing Arguments, Part Three

Friends of Padre Steve’s World,

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

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

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

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

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

“If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.

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

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

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

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

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

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

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

With that I give you Robert Jackson’s masterful dissection of the Nazis in the dock at Nuremberg’s Palace of Justice.

Until tomorrow,

Peace,

Padre Steve+

Record of Proceedings: July 26, 1946, continued:

Rudolf Hess

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

Joachim von Ribbentrop

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

Wilhelm Keitel

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

Ernst Kaltenbrunner

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

Alfred Rosenberg

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

Hans Frank

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

Wilhelm Frick

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

Julius Streicher

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

Walter Funk

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

Hjalmar Schacht

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

Karl Dönitz

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

Erich Raeder

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

Baldur von Schirach

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

Fritz Sauckel

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

Alfred Jodl

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

Franz von Papen

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

Arthur Seyess-Inquart

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

Konstantin von Neurath

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

Albert Speer

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

Hans Fritzsche

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

Martin Bormann

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

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

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

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

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

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

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

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

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

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

COMMON DEFENCES AGAINST THE CHARGE OF COMMON RESPONSIBILITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reichskommissar Koch in the Ukraine echoed the refrain:

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

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

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

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

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

Hermann Goering

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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“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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