Category Archives: Notable Jurisprudence

1944: An unknown Allied airman

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On this date in 1944, in the midst of a worldwide conflagration that would claim 70 million lives, one unknown crew member of an Allied bomber was shot by Nazi SS/SD troops in the woods around Enschede, Netherlands.

From late 1942, the Allies’ massive industrial capacity had sapped the vaunted Luftwaffe, bleeding down the German air force in desperate airborne combat in the Mediterranean and the Eastern front. Crippling losses in July and August 1943 lay Germany’s industrial heart open to devastating bombing and would within a year spell the end of the Luftwaffe as an effective fighting force.

The contest’s stakes were high. This hour-long compilation of contemporaneous U.S. propaganda footage celebrates the decisive effect of air supremacy in western Europe:

With hostile planes darkening Europe’s skies, the Germans called upon ruthlessness to stand in for materiel. Nazi SS chief Heinrich Himmler issued, according to Robin O’Neil, an August 1943 order to show no quarter to captured enemy pilots.

The young man shot this day suffered its effects:

The airman (estimated age 26 years), who was apparently unhurt, was taken by the SS to the cellar of the villa [serving as SS headquarters], where he was kept under guard while arrangements were made for his disposal. These arrangements consisted of the removal of his flying kit, and the substitution of a civilian light-coloured shirt, a pair of dark trousers, and a pair of socks.

In this dress he was put into a security vehicle, his hands handcuffed behind his back, and taken some distance in the grounds of the SS HQ to a spot within the compound where a grave had already been prepared. The airman was marched from the car by an escort of two SS men, one of whom dropped back and shot the airman in the back of the neck. He was buried and the grave was carefully camouflaged.

To this day, the airman’s identity has not been established. It was assumed that he was British or American, most probably American, as the trousers he was wearing were of a dark shade of khaki, and the fact that when he was informed in the car, in English, that he was to be executed, he made an indistinct reply in which the word “America” was uttered.

Countless such executions undoubtedly took place and were lost, forgotten or concealed in the charnel house of war. Thanks to the witness of Dutch prisoners who survived the war, this single act of routine brutality endured not only historically but juridically: little more than a year later, its author, Dr. Karl Eberhard Schongarth — an SS officer who participated in the Wannsee Conference and slaughtered thousands in occupied Poland and Holland — faced a war crimes prosecution for the execution of the anonymous airman.

His actions this date may have been small by the gauge of a bloodthirsty career, but since pre-war treaties explicitly regulated treatment of war prisoners, they also constituted a conveniently plain transgression of the far-from-bright line demarcating “war crimes.” For this one killing, Schongarth was himself hanged as a war criminal in Hamelin, Germany on May 16, 1946.

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1491: Eight current and converted Jews at an auto de fe

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On this date in 1491, the murder of the Holy Child of La Guardia was punished with an auto de fe and the public execution of eight Jews — some practicing, some converted to Christianity (who enjoyed the mercy of strangulation before being burnt) — and three others already dead but exhumed for the occasion.

The auto de fe — literally, “act of faith” — was a public ritual of religious penance for the condemned. Though its performance did not always precede the execution of its participants, it became closely associated with the savagery of the Spanish Inquisition.

In the hysteria of the Holy Child of La Guardia case — one of history’s better-remembered instances of “blood libel” implicating Jews in the ritual murder of Christian children — the result was foreordained.

Knitting together (inconsistent) confessions obtained under torture, the famed Inquisitor Torquemada proved a conspiracy of Jews had kidnapped and crucified a child further to the concoction of a magic potion that depended on the heart of an innocent Christian — despite a fruitless high-and-low search for some missing child who might have been the actual victim.

After this day’s gaudy public slaughter, a cult sprang up around the supposed martyr, adored in a chapel erected where one of the prisoners had once had a home — the very spot, it was said, where the Jews conspired. The Holy Child was a staple of Spanish literature down to the 20th century and is still venerated in La Guardia.

But Torquemada aimed for results well beyond Christendom’s martyrology, and the wretches at the stake would not be this day’s only victims.

John Edward Longhurst argues in The Age of Torquemada that the Inquisitor seized on the Holy Child case to orchestrate “his heart’s desire — the expulsion of all Jews from Spain.”*

Early the next year, the Spanish monarchy obliged, permanently remaking Spain:

If Ferdinand and Isabella were hesitating over expelling the Jews from Spain, the discovery of this latest Jewish plot would surely resolve all doubts. The Auto de Fe of November, 1491, exploited the affair to its fullest, emphasizing not only all the gruesome details of the Murder but the Jewish menace to Christians intended by it. The sentence against the Jew Juce Franco, read aloud to the great crowd at the Auto de Fe, identifies him as a seducer of Christians to the Law of Moses in language that clearly foreshadows the Edict of Expulsion four months later

…

We may be sure that Ferdinand and Isabella were treated to a lengthy account of this case. It also is clear, from their own observations in the Edict of Expulsion, that Torquemada impressed on them the determination of the Jews to persist in their efforts to seduce Christians to Judaism. As long as they were permitted to remain, the danger of infection would never be eliminated, no matter how harsh the measures employed against them.

* Or, their forcible conversion … which would then keep the Inquisition in business for years to come.

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1914: Carl Hans Lody

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On this date in 1914, German spy Carl Hans Lody was put to death in the Tower of London during the opening months of World War I.

Lody‘s was the first execution in the Tower since its heyday as the chopping-block of disfavored nobility had passed in the mid-18th century. Times had changed by the era of trench warfare: Lody was not beheaded, but shot inside a wooden shed erected for the purpose in the Tower yard. Ten more German spies, who seem to have had a harder go of infiltrating Britain than their English counterparts had in Germany, would suffer the same fate by war’s end.

A Berlin-born naval officer, Lody had no experience spying but was tapped for the job because he had traveled abroad and spoke English well enough to pass for an American tourist. He was dead scarcely three months after he entered the Isles, though his work may have helped a U-boat sink a British warship.

According to A.W. Brian Simpson in Domestic and International Trials 1700-2000, the case was a legal landmark as the first espionage trial in England held partly in camera — outside the public view. The outcome, however, was a foregone conclusion, and Lody himself didn’t bother to contest his guilt — seemingly fixated on going to his grave with nothing short of the utmost in romantic gentlemanly decorum.

Part of the Themed Set: Spies.

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