Posts filed under 'War Crimes'

1946: Döme Sztójay, former Prime Minister

Add comment August 22nd, 2020 Headsman

On this date in 1946, the former wartime fascist Prime Minister of Hungary was shot for being the former wartime fascist Prime Minister of Hungary.

Dimitrije Stojakovic by birth, the Vojvodina-born ethnic Serb Magyarized his name to Döme Sztójay as he rose up the ranks in the intelligence services in independent, post-Habsburg Hungary.

He had for many years been the Hungarian ambassador to Berlin and a noted pro-Third Reich figure when in 1944 Nazi Germany took over its erstwhile Axis junior partner upon catching wind of Budapest’s interest in cutting a peace deal with the Allies to exit a fast-deteriorating war. Given a choice between outright German occupation and selecting a suitable local quisling, Regent Miklos Horthy appointed our guy Döme Sztójay.

He only held the office for five months before ill health and shifting political tectonics pushed him out, but he made his sinister mark in that time as an instrument of the Holocaust in Hungary. Hungarian Jewry had of course been afflicted prior to then by anti-Semitic laws and various outrages, but it had been spared wholesale deportation and extermination thanks to the resistance of Regent Horthy and others — the very domestic elite strata which Germany was here sidelining.

Now that the place was under Berlin’s management, Adolf Eichmann arrived to coordinate a terrifyingly swift mass slaughter, which in the span of a few months in the spring-summer 1944 took over 400,000 Hungarian Jews (from a prewar population of about 825,000) off to death camps. The special effort given to this particular extermination at a juncture in the war when the men and materiel involved were so obviously needed elsewhere has made it an event of special interest to Holocaust scholars.

As hostilities wrapped up, Sztójay managed a preferential-to-war-criminals surrender to the American army instead of the Red Army, but he had nothing of any unique value to offer the West that would have entitled him to special consideration — and so he was extradited back to Hungary to face the music.

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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Execution,Heads of State,History,Hungary,Politicians,Shot,Soldiers,War Crimes

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1951: The Einsatzgruppen Trial war criminals

Add comment June 7th, 2020 Headsman

A batch of Nazi war criminals highlighted by four condemned at the Einsatzgruppen trial hanged at Germany’s Landsberg Prison on this date in 1951.

Formed initially to decapitate Polish intelligentsia when Germany invaded that country in 1939, these notorious paramilitaries were deployed by Reinhard Heydrich behind the advancing German line of battle to pacify occupied territory. “Pacify” in the event meant slaying Communists, partisans, and of course, the Reich’s innumerable racial inferiors. Einsatzgruppen authored many mass executions like the massacre of Jews at Babi Yar outside Kiev, each local atrocity a self-conscious contribution to the wholesale genocide. All told these units might have killed upwards of 2 million human beings; they were also used to gather Eastern European Jews into urban ghettos, which subsequently became the staging points for deportations to the camps.

Postwar, the big Nuremberg war crimes tribunal against the major names in the German hierarchy unfolded from late 1945 in a multinational courtroom: American, British, French, and Russian judges and prosecutors working jointly.

But the emerging superpower rivalry soon narrowed the window for similar cooperation in successor trials, leading the rival powers to try cases on their own.* Accordingly, United States military tribunals unfolded 12 additional mass trials, known as the subsequent Nuremberg trials — each exploring particular nodes of the Nazi project — such as the Doctors’ trial and the IG Farben trial.

The Einsatzgruppen trial was one of these — 24 Einsatzgruppen officers prosecuted at the Palace of Justice from September 29, 1947 to April 10, 1948.

Twenty-two of the 24 were convicted of war crimes and crimes against humanity, and 14 sentenced to death. However, ten of the fourteen prospective hangings were commuted, and all surviving prisoners had been released by 1958. The four who actually went to the gallows at Landsburg Prison on June 7, 1951 were:

    Out of the total number of the persons designated for the execution, 15 men were led in each case to the brink of the mass grave where they had to kneel down, their faces turned toward the grave. At that time, clothes and valuables were not yet collected. Later on this was changed …

    When the men were ready for the execution one of my leaders who was in charge of this execution squad gave the order to shoot. Since they were kneeling on the brink of the mass grave, the victims fell, as a rule, at once into the mass grave.

    I have always used rather large execution squads, since I declined to use men who were specialists for shots in the neck (Genickschusspezialisten). Each squad shot for about one hour and was then replaced. The persons which still had to be shot were assembled near the place of execution, and were guarded by members of those squads, which at that moment did not take part in the executions.

    -Paul Blobel on his mass-execution process

  • Otto Ohlendorf, an economist tapped as commander of Einsatzgruppe D (educated and ideologically reliable administrator were intentionally sought for leadership positions in these gangs). Together with Ukrainian and Romanian auxiliaries, this unit killed 90,000 people in southern Ukraine and Crimea which the good functionary strove to render “military in character and humane under the circumstances.”
  • Werner Braune, a former Gestapo man who became chief of one of Einsatzgruppe D’s units, called Einsatzkommando 11b.
  • Erich Naumann, a former brownshirt turned commander of Einsatzgruppe B who frankly acknowledged to the tribunal that “I was ordered to Heydrich and I received clear orders from him for Russia. Now, first of all, I received the Fuehrer-Order concerning the killing of Jews, Gypsies and Soviet officials” and “considered the decree to be right because it was part of our aim of the war and, therefore, it was necessary.”
  • Paul Blobel, a World War I veteran become architect who was into his late forties when he helped organize the Babi Yar massacre. Afterwards, he had charge of Sonderaktion 1005, a 1942-1944 project to destroy evidence of such massacres by, e.g., digging up mass graves to pulverize and dynamite the remains into unrecognizability. “The mission was constituted after it first became apparent that Germany would not be able to hold all the territory occupied in the East and it was considered necessary to remove all traces of the criminal executions that had been committed,” according to Adolf Eichmann aide Dieter Wisliceny. Blobel “gave a lecture before Eichmann’s staff of specialists on the Jewish question from the occupied territories. He spoke of the special incinerators he had personally constructed for use in the work of Kommando 1005. It was their particular assignment to open the graves and remove and cremate the bodies of persons who had been previously executed. Kommando 1005 operated in Russia, Poland and through the Baltic area.”

In a concession to efficiency or spectacle, they were joined by the three other condemned men from other installments of the Nuremberg trials, the , against the directorate that ran Germany’s concentration camps.

  • Oswald Pohl, the head of he directorate that ran Germany’s concentration camps. He was the only person executed from his own particular installment of the war crimes trials, called thePohl trial
  • Georg Schallermair, an SS sergeant convicted for murders he’d personally committed at Dachau.
  • Hans Schmidt, the former adjutant of the Buchenwald concentration camp who carried his implausible insistence of ignorance as to the camp’s deaths all the way to the end. Schmidt’s name in the news might have inspired an American wrestling promoter to assign it in 1951, along with a boffo Nazi persona, to one of pro wrestling’s great heels.

* Here’s some information about Soviet war crimes trials.

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Entry Filed under: 20th Century,Capital Punishment,Crimes Against Humanity,Death Penalty,Execution,Germany,Hanged,History,Mass Executions,Occupation and Colonialism,Soldiers,U.S. Military,USA,War Crimes

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1948: Ruth Closius-Neudeck

Add comment July 29th, 2019 Headsman

A notoriously brutal guard at the Ravensbrück women’s concentration camp named Ruth Closius-Neudeck was hanged on this date in 1948.

With impeccable timing she exited a life of proletarian obscurity by applying for a gig as a camp warden in July 1944, right when the Third Reich’s prospects for surviving the war went terminal.

That left her scant few months to stack up fodder for the eventual war crimes tribunals but Neudeck had a knack for making hay in the twilight.

Almost immediately earning promotion to barracks overseer, she earned a reputation as one of the cruelest guards at the camp that once cultivated Irma Grese. (They didn’t overlap.) One prisoner would later describe seeing her “cut the throat of an inmate with the sharp edge of her shovel.”

She was subsequently detailed to the nearby Uckermark satellite camp, smaller and more lethal — as it was converted for the Third Reich’s final weeks into a killing center for inmates whose bodies had been broken at slave labor in Ravensbrück or elsewhere. She acknowledged sending 3,000 women to the gas chambers as Uckermark Aufseherin.

She was one of five camp guards charged in the Uckermark trial (also known as the Third Ravensbrück trial) in 1948, and the only one of those five executed.

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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Execution,Germany,Hanged,History,War Crimes,Women

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1947: Rudolf Höss, Auschwitz commandant

2 comments April 16th, 2019 Headsman

April 16, 1947, was the hanging-date of Auschwitz commandant Rudolf Höss.

Not to be confused with the Rudolf Hess, the Nazi party defector held by the British in lonely confinement in Spandau until 1987, Höss was true to the swastika from beginning to end.

A World War I survivor, our guy joined the right-wing Freikorps paramilitaries and scored NSDAP party number no. 3240 in 1922 — soon thereafter proving a willingness to shed blood for the cause by murdering a teacher suspected of betraying to the French the Nazi martyr figure Albert Leo Schlageter. Höss served only a year in prison for the crime.

Come the time of the Reich, he joined the SS and was “constantly associated” (his words) with the camp networks — beginning in the very first concentration camp, Dachau, followed by a two-year turn at Sachsenhausen.

In May 1940, he was appointed to direct the brand-new Auschwitz concentration camp in occupied Poland, a position that, excluding a few months when he was relieved of duties for having an affair with a camp inmate, he held until the Red Army liberated Auschwitz in January 1945.

Initially “just” a standard Reich prison camp with a mix of regular criminals, political prisoners, and Soviet POWs, Auschwitz earned its place as the Holocaust’s preeminent metonym in the subsequent years as it evolved into one of the primary killing sites of the Final Solution.

Höss himself is even “honored” as the namesake of Operation Höss, a deportation and extermination project targeting Hungarian Jewry that claimed 420,000 souls just in the last months of the war. It was one of the most efficient slaughters orchestrated by Nazi Germany, though even these were only a small portion of the crimes that stained Höss’s soul. In his postwar testimony at Nuremberg, Höss

estimate[d] that at least 2,500,000* victims were executed and exterminated there [at Auschwitz] by gassing and burning, and at least another half million succumbed to starvation and disease, making a total dead of about 3,000,000. This figure represents about 70% or 80% of all persons sent to Auschwitz as prisoners, the remainder having been selected and used for slave labor in the concentration camp industries. Included among the executed and burnt were approximately 20,000 Russian prisoners of war (previously screened out of Prisoner of War cages by the Gestapo) who were delivered at Auschwitz in Wehrmacht transports operated by regular Wehrmacht officers and men. The remainder of the total number of victims included about 100,000 German Jews, and great numbers of citizens (mostly Jewish) from Holland, France, Belgium, Poland, Hungary, Czechoslovakia, Greece, or other countries.

It wasn’t the Nuremberg court that noosed him, however; that duty fell to Poland’s Supreme National Tribunal. It had him executed on a gallows set up adjacent to Auschwitz’s Crematorium 1.

Höss’s grandson, Rainer Höss, has been an outspoken voice for atoning his family’s role in the Holocaust.

* Höss later revised this “2.5 million” estimate down, claiming that he had that figure from Adolf Eichmann but “I myself never knew the total number, and I have nothing to help me arrive at an estimate.” After tabulating the larger extermination actions that he could recall (including the 400,000+ from Hungary), Höss came up with the lower and still incredibly monstrous figure of 1.1 million: “Even Auschwitz had limits to its destructive capabilities.”

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Entry Filed under: 20th Century,Capital Punishment,Concentration Camps,Crimes Against Humanity,Death Penalty,Execution,Germany,Hanged,History,Infamous,Mature Content,Occupation and Colonialism,Poland,Torture,War Crimes

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1952: The last executions in the Netherlands

Add comment March 21st, 2019 Headsman

The last executions in the Netherlands took place on this date in 1952: Dutch SS volunteer Andries Jan Pieters and German SS man Artur Albrecht, both condemned for war crimes committed during the Nazi occupation. Each was implicated in numerous incidents of torturing and executing prisoners.

Both men were shot at Waalsdorpervlakte, outside The Hague. They were the tail end of a 1940s era that brought numerous capital prosecutions for World War II offenses.

Pieters (left) and Albrecht (right).

Capital punishment had been abolished in the Netherlands for ordinary crimes since 1870. Although execution remained theoretically available for military crimes until 1993, nobody after Pieters and Albrecht came close to facing an executioner. Today, the death penalty is completely forbidden in Dutch law.

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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Execution,History,Milestones,Netherlands,Occupation and Colonialism,Shot,Soldiers,War Crimes

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1944: Franz Kutschera, by underground justice

Add comment February 1st, 2019 Headsman

On this date in 1944, the Nazi governor of Warsaw was “executed” by assassination.

The Austrian Sudeten German Franz Kutschera had parlayed his early Nazi party membership into various posts in the Third Reich after it absorbed Austria into Greater Germany.

The last of his several stations on World War II’s Eastern Front was SS and Police chief of occupied Warsaw. He did not hesitate to brandish the iron fist, intensifying arrests of perceived subversives and carrying out public executions of civilians to avenge German casualties.

We enter ambiguous territory for this here site here, for Kutschera’s punishment, while delivered by ambush, was decreed by a court — the illicit (to Germany) “Special Courts” of the Polish government in exile. Needless to say, the defendant was judged in absentia.

Such courts asserted the legitimate governance of an occupied nation but they had to shift for themselves when it came to enforcing their underground writ. An orchestrated commando hit, uncontroversially titled Operation Kutschera, was required for this one since the SS chief wasn’t a fellow that an opportunistic assassin could just catch with his guard down in some cafe. Instead, Poland’s internal Home Army units under the command of Emil Fieldorf put a 12-person team on the job.

On the morning of February 12, 1944, Kutschera’s “executioners” blocked with another car the limousine carrying the doomed SS-man to work. In an instant three men, codenamed “Lot” (Bronislaw Pietraszewicz), “Kruszynka” (Zdzislaw Poradzki) and “Mis” (Michael Issajewicz), sprang onto the street brandishing submachine guns and efficiently slaughtered Kutschera and his driver. Meanwhile, other members of the team swooped in with getaway vehicles and covering fire for the resulting shootout with surprised German guards. Though all escaped the scene, Lot and another team member both succumbed hours later to their wounds; two additional members of the backup group were trapped escaping across the Kierbedz Bridge and died hurling themselves into the Vistula under a rain of German bullets.

The Reich paid Kutschera tribute in his customary coinage with the mass execution of 300 civilian hostages the next day, but the memory of this dagger to the throat of a national enemy has lived in glory for Poles ever since.

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Entry Filed under: 20th Century,Borderline "Executions",Capital Punishment,Death Penalty,Execution,Germany,History,Occupation and Colonialism,Poland,Shot,War Crimes,Wartime Executions

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1922: Cemal Azmi, the butcher of Trabzon

Add comment April 17th, 2018 Headsman

On this date in 1922, a Turkish official implicated in the Armenian genocide had a death sentence enforced upon him … by an assassin’s bullet.

Cemal Azmi, wartime governor of the Black Sea littoral of Trabzon,* was the point person in his region for the murder of some 50,000 Armenians. One distinctive twist in Trabzon (though by no means confined to that locality) was the prevalent use of drowning for cost-effective wholesale murder.

The Italian consul in Trabzon, Giacomo Gorrini — a veteran diplomat who hereafter would become consumed by the Armenian community’s travails until his death in 1940 — gave a heartbreaking account. His accounts of systematic mass drownings were corroborated by many other witnesses, including Turkey’s wartime German allies.

The passing of the gangs of Armenian exiles beneath the windows and before the door of the Consulate; their prayers for help, when neither I nor any other could do anything to answer them; the city in a state of siege, guarded at every point by 15,000 troops in complete war equipment, by thousands of police agents, by bands of volunteers and by the members of the “Committee of Union and Progress”; the lamentations, the tears, the abandonments, the imprecations, the many suicides, the instantaneous deaths from sheer terror, the sudden unhingeing of men’s reason, the conflagrations, the shooting of victims in the city, the ruthless searches through the houses and in the countryside; the hundreds of corpses found every day along the exile road; the young women converted by force to Islam or exiled like the rest; the children torn away from their families or from the Christian schools, and handed over by force to Moslem families, or else placed by hundreds on board ship in nothing but their shirts, and then capsized and drowned in the Black Sea and the River Deyirmen Dere — these are my last ineffaceable memories of Trebizond, memories which still, at a month’s distance, torment my soul and almost drive me frantic.

According to the tribunal that tried him in absentia in 1919, Governor Azmi personally ordered many such mass drownings. He also used the Red Crescent hospital to lodge young Armenian girls for his use as sex slaves, only to have them killed late in the war to tie up loose ends. To complete his cycle of deadly sins, Azmi also took liberal advantage of the looting opportunity afforded by the speedy vanishing of Armenian subjects.

Azmi absconded rather than face postwar prosecution but his symbolic death sentence gained bodily force via Armenian revolutionaries’ Operation Nemesis: a campaign to assassinate the chief authors of the genocide.

Nemesis’s most famous targets were the “Three Pashas” who ruled the Ottoman Empire during World War I. (They successfully murdered two of the three.) But Azmi was on the list as well, and on April 17, 1922, a pair of Armenian hit men gunned him down on the Berlin’s Uhlandstrasse along with another genocidaire, Behaeddin Shakir. The assassins weren’t even arrested.

* Centuries before, Trabzon’s Byzantine precursor, Trebizond, had been the last redoubt of the vanishing Roman Empire.

** Vahakn Dadrian, “Children as Victims of Genocide: The Armenian Case,” Journal of Genocide Research, 2003, 5(3). The same author has written widely on the Armenian genocide, including but not limited to Azmi’s conduct in Trabzon; also see his “The Turkish Military Tribunal’s Prosecution of the Authors of the Armenian Genocide: Four Major Court-Martial Series” (Holocaust & Genocide Studies, 1997 11(28) and “The Armenian Genocide as a Dual Problem of National and International Law” (University of St. Thomas Journal of Law and Public Policy, 2010, 4(2)).

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Entry Filed under: 20th Century,Armenia,Borderline "Executions",Death Penalty,Germany,History,Murder,Ottoman Empire,Politicians,Public Executions,Shot,Summary Executions,Turkey,War Crimes

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1946: Kurt Daluege, Nazi cop

Add comment October 24th, 2017 Headsman

On this date in 1946, former Nazi chief cop Kurt Daluege hanged at Prague’s Pankrac Prison.


Daluege’s postwar detention card.

Daluege, who returned from World War I bearing an Iron Cross and an early affinity for the far-right Freikorps militias, was head of the uniformed police for most of the Third Reich’s evil run. That terminated in 1943 when heart problems saw him pensioned off to Pomerania,* but not before he’d consciously Nazified the entire police force around the perspective of destroying “the consciously asocial enemies of the people.” He wrote a book called National-sozialistischer Kampf gegen das Verbrechertum (National Socialists’ War on Criminality).

With Hitler’s downfall, Daluege was called out of retirement to answer for the villainies that you’d assume a guy in his position would have authored — like mass shootings of Jews on the eastern front and a reprisal order to decorate a Polish town with “the hanging of Polish franc-tireurs from light poles as a visible symbol for the entire population.”

His most notable atrocity, and the reason that his hanging occurred in Czechoslovakia, came via his turn as the de facto successor to that territory’s Reichsprotektor Reinhard Heydrich after the latter’s assassination in 1942.

In this capacity it was Daluege who with Karl Frank ordered the destruction of the village Lidice to retaliate for Heydrich’s murder — one of the standout horrors in a generation thick with them.

Daluege rejected the charges against him to the end, his position a blend of the “superior orders” non-defense and a feigned irrecollection: nothing but the classics. “I am beloved by three million policemen!” he complained.

There’s a bit more information about him in this Axis History Forum thread, wherein appears the author of a hard-to-find German biography, Kurt Daluege — Der Prototyp des loyalen Nationalsozialisten.

* He did retain his seat in the Reichstag all the way to the end, a seat he first won in the November 1932 election.

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Entry Filed under: 20th Century,Capital Punishment,Czechoslovakia,Death Penalty,Execution,Germany,Hanged,History,Occupation and Colonialism,Politicians,War Crimes

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1946: Hong Sa-ik, a Korean general in the Japanese army

1 comment September 26th, 2017 Headsman

Hong Sa-ik, an ethnic Korean officer of the Imperial Japanese Army, was hanged in Manila on this date in 1946 for war crimes against captured prisoners in the Philippines.

Korea surrendered her diplomatic sovereignty to Japan in 1905 when our man Hong was just 16; five years later, Japan annexed Korea outright. These were events that would move many years of violent hostility on the peninsula and shape the progress of Hong’s life and death.

However many and well-remembered are martyrs in resistance, there are always many who would sooner go along with events. Hong was in this agreeable latter camp; when Japan shuttered the Korean military academy he was attending, he simply transferred to the Japanese one. When Japan took over his homeland, he declined his Korean classmates’ entreaties to put his combat training at the service of an underground resistance.

Instead, Hong rose through Japan’s ranks to the position (late in World War II) of lieutenant general and supervisor of all the POW camps in the Philippines — whose conduct rated a sore Allied grievance as the war came to a close.

Hong was prosecuted by the United States as a Class B war criminal, and was the highest-ranking Korean officer to be executed for war crimes in the postwar period.

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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Japan,Korea,Occupation and Colonialism,Philippines,Racial and Ethnic Minorities,Soldiers,U.S. Military,USA,War Crimes

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1942: Six German saboteurs

Add comment August 8th, 2017 Headsman

Seventy-five years ago today, six German saboteurs were electrocuted in a Washington, D.C. jail … a failed World War II operation that bequeathed its target nation a controversial legal landmark.

On June 13 of 1942 — just eight weeks before they faced the electric chair — Herbert Hans Haupt, Heinrich Heinck, Edward Kerling, Herman Neubauer, Richard Quirin and Werner Thiel, all of them German nationals who had returned to the Fatherland after previous emigration to the U.S., were dropped by U-Boats along with two other men, Ernest Peter Burger and George John Dasch, in two quartets on the eastern fringe of Long Island and the Florida coast.

“Operation Pastorius” to sabotage war industries on the U.S. mainland would never even have time to get its land legs; spied in Long Island by a Coast Guard watchman whom they clumsily attempted to bribe, the agents scattered themselves to New York and Chicago. Burger and Dasch — who for this reason were not in the end electrocuted* — had their reservations about the Third Reich to begin with and guessed after the Coast Guard encounter where this fiasco was heading. They rang up the gobsmacked FBI to shop themselves and their comrades, enabling the feds to pick up the other six men in short order.

The eventual fate of the Nazi saboteurs is no surprise, but the means to obtain it was controversial then and remains so to this day.

On a substantive level, the Germans had landed in uniform for the explicit purpose of asserting POW status were they to be apprehended immediately; this didn’t cut much ice since all had then discarded their uniforms and attempted to melt away in the U.S. Attorney General Francis Biddle successfully cited the American Revolution precedent of John Andre, whom patriots hanged as a spy after detaining him out of uniform behind their lines. That they hadn’t yet done anything yet was a bit beside the point.**

Much thornier was U.S. President Franklin Delano Roosevelt’s order to try the Germans using a seven-member military tribunal that he conjured for this purpose, and seemingly with the objective of assuring the harshest possible sentence. (Bear in mind that these events transpired only months after Pearl Harbor.) Such a commission is explicitly anticipated by the U.S. Articles of War† whose 81st and 82nd provisions the saboteurs were charged with violating:

ART. 81. RELIEVING, CORRESPONDENCE WITH, OR AIDING THE ENEMY. — Whosoever relieves or attempts to relieve the enemy with arms, ammunition, supplies, money, or other thing, or knowingly harbors or protects or holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death or such other punishment as a court-martial or military commission may direct.

ART. 82. SPIES. — Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court-martial or by a military commission, and shall, on conviction thereof, suffer death.

However, the military commission did not seem very well in keeping with the American preference for regular jurisdictions as expressed by Ex parte Milligan, the post-Civil War decision forbidding the use of military courts anywhere that civilian courts are functioning.‡ The signal Milligan precedent formed the basis of a furious objection by Army defense lawyer (and future Secretary of War) Kenneth Royall, who fought his clients’ hopeless corner so vigorously that the doomed men signed a letter praising his efforts. (“unbiased, better than we could expect and probably risking the indignation of public opinion.”)

Already recessed for the summer, the Supreme Court hastily reconvened to cut this Gordian knot: the only forum of judicial review the case would ever receive. Its decision, Ex parte Quirin — titled after one of the defendants — spurned Royall’s Milligan claim and upheld Roosevelt’s statutory authority to determine this case for a military tribunal by a unanimous vote.

The court’s common front concealed a variety of stances on the reach of executive authority. While the whole court agreed that “Congress has explicitly provided … that military tribunals shall have jurisdiction to try offenses against the law of war in appropriate cases,” a concurring memorandum by Justice Robert H. Jackson — later famous for his role prosecuting the Nuremberg trials — proposed to carry the argument well beyond this point. Jackson claimed in a concurrence that he would eventually withdraw that “the Court’s decision of the question whether it complied with the Articles of War is uncalled for … it is well within the war powers of the President to create a non-statutory military tribunal of the sort here in question.” This was by no means the consensus of his colleagues.

The later publication of a “Soliloquy” memorandum by one such colleague, Felix Frankfurter, throws a less than dispassionate light on deliberations. Writing to smooth over internal disputes between the blackrobes, Justice Frankfurter shows himself personally hostile to the Germans — “You’ve done enough mischief already without leaving the seeds of a bitter conflict involving the President, the courts and Congress after your bodies will be rotting in lime,” he chides them in his own voice. “That disposes of you scoundrels.” In the end, the court took his advice to sidestep the potentially deep jurisdictional question.

But that question has not been left rotting in footnotes (they never are). Quirin in general and Jackson’s expansive claims of executive power in particular have been relied upon by 21st century Presidents to justify muscular and controversial innovations like the Guantanamo Bay prison and the drone war.

A few books about Operation Pastorius and Ex parte Quirin

Pierce O’Donnell, author of In Time of War: Hitler’s Terrorist Attack on America, discussed his book on C-SPAN here.

Jurisprudence is not the only artifact of the Nazi saboteurs’ failed infiltration.

Bizarrely, a tributary slab “in memory of agents of the German Abwehr” was discovered in 2006 illicitly placed on National Park Service land in southeast Washington DC, the same vicinity where the saboteurs had been secretly buried after their electrocution. There it had seemingly reposed some twenty-odd years, unknown but to its devotees … who if the stone’s carvings are to be credited must consist of the heirs of the (defunct since 1983) National Socialist White People’s Party, also known as the American Nazi Party.

* They would be condemned to death along with the rest, but Roosevelt commuted their sentences: a fine boon but far short of the outright pardons they had been promised for their cooperation. In 1948, President Truman had Burger and Dasch deported to Germany, where many saw them as traitors.

** After unsuccessfully attempting to trade Andre for Benedict Arnold, whose defection Andre had facilitated, and whom the American revolutionaries would have much preferred to Andre for a hanging.

† Enacted by Congress in 1920, these Articles of War are no longer operative in the U.S.: they were replaced by the Uniform Code of Military Justice in 1951.

‡ Haupt and Burger were also U.S. citizens, further complicating the commission’s suspension of their constitutional habeas corpus rights.

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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Electrocuted,Espionage,Execution,Germany,History,Mass Executions,Notable Jurisprudence,Soldiers,Spies,Terrorists,U.S. Federal,USA,War Crimes,Wartime Executions,Washington DC

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