1951: The Einsatzgruppen Trial war criminals

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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1948: Ruth Closius-Neudeck

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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1947: Rudolf Höss, Auschwitz commandant

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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1946: Kurt Daluege, Nazi cop

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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1934: Otto Planetta and Franz Holzweber, for the Juliputsch

German-Austria must return to the great German mother country, and not because of any economic considerations. No, and again no: even if such a union were unimportant from an economic point of view; yes, even if it were harmful, it must nevertheless take place. One blood demands one Reich. Never will the German nation possess the moral right to engage in colonial politics until, at least, it embraces its own sons within a single state …

The elemental cry of the German-Austrian people for union with the German mother country, that arose in the days when the Habsburg state was collapsing, was the result of a longing that slumbered in the heart of the entire people — a longing to return to the never-forgotten ancestral home. But this would be inexplicable if the historical education of the individual German-Austrian had not given rise to so general a longing. In it lies a well which never grows dry; which, especially in times of forgetfulness, transcends all momentary prosperity and by constant reminders of the past whispers softly of a new future

-Adolf Hitler, Mein Kampf

On this date in 1934, two Nazis were hanged for their part in a failed Austrian coup.

From his political ascent in 1933 — and well before, as the quote above indicates — the Reich’s unification with his native land of Austria had been a cherished goal for Adolf Hitler. To that end, Berlin had fostered a clandestine network of Austrian Nazis branded as “SS Standarte 89” and allowed exiles to broadcast seditious propaganda from German soil.

Their “July Putsch” (English Wikipedia entry | German) was a year or so in the making, and commenced when four truckloads of SS Standarte 89 men in military attire suddenly stormed the federal chancellery in Vienna, murdering chancellor Engelbert Dollfuss in the process.

“Hitler received the tidings while listening to a performance of Das Rheingold at the annal Wagner Festival at Bayreuth,” Shirer noted in The Rise And Fall Of The Third Reich — and Wagner’s granddaughter, also in attendance, could not help observing his “excitement” and “delight” and simultaneous anxiety to feign uninvolvement.

The last of these impulses showed the emerging tyrant’s wisdom, for the coup swiftly collapsed — exposing, to Hitler’s fury, the inept organization of the plot. Basically no other coordinated actions took place to complete the coup and the Austrian army remained loyal to the existing government, leaving to the lonely SS Standarte 89 nothing but a feeble surrender.

The first targets of the resulting courts-martial were Otto Planetta (cursory English Wikipedia entry | more detailed German), who actually pulled the trigger to kill the chancellor, and Franz Holzweber, the apparent leader of the attack on the chancellery. They would be tried and condemned in a two-day hearing July 30-31 and hanged within three hours of conviction. In time, both the Planetta and the Holzweber name would adorn many city streets in the Third Reich as patriot-martyrs.

Both prisoners, when asked whether they had anything to say before hearing their sentences, addressed the Court. Planetta said: —

I do not know how many hours I have to live. But one thing I would like to say, I am no cowardly murderer. It was not my intention to kill. One thing more. As a human being I am sorry for my deed, and I beg the wife of the late Chancellor to forgive me.

Holzweber said: —

I was assured that there would be no bloodshed. I was told also that I should find Herr Rintelen at the Chancery,, that the new Government was already formed. Not meeting the leader of the operation at the Chancery, I disclosed myself at once to Major Fey. I told him, here I stand, and I do not know what I should do. More or less spontaneously I took over the responsibility for our men because no one was there to take charge of the matter.

Holzweber, who was executed first, cried out on the gallows: “We die for Germany. Heil Hitler.” Planetta said simply, “Heil Hitler.”

London Times, Aug. 1, 1934

The time was not yet ripe — and Hitler, no matter how heiled by his would-be subjects, was required by the diplomatic blowback to forswear ambitions on unifying with Austria.

But the Fuhrer’s soft whispers of a new future would grow ever more insistent in the months to come, and not four years later the Reich accomplished the Anschluss.

That July 25, in 1938, in a Vienna now successfully absorbed to greater Germany,

the fourth anniversary [of the Juliputsch] was celebrated as an heroic act comparable with the Rathenau and Erzberger murders. The survivors of ‘SS Standarte 89’ marched to the federal Austrian Chancellery, which had been renamed the Reichstatthalterei. Here the bereaved families of thirteen men were addressed by Rudolf Hess. A tablet was unveiled which proclaimed that:

154 German men of the 89th SS Standarte stood up here for Germany on 25 July, 1934. Seven found death at the hands of the hangman.

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1934: Ernst Roehm, SA chief

On this date in 1934, in the coda to Hitler’s Night of the Long Knives purge of the Nazi party, the emerging dictator had his longtime ally shot.

Bavarian World War I veteran Ernst Röhm (Roehm) had been a National Socialist brawler of the earliest vintage: after the armistice, he was among the Freikorps paramilitaries to topple the short-lived Munich Soviet. He joined the NSDAP’s predecessor, the German Workers’ Party, before Hitler himself, and he stood trial with the future Fuhrer after helping Hitler attempt the Beer Hall Putsch. They were so tight, Hitler politely ignored Röhm’s open homosexuality.

But most importantly, Röhm was the energetic organizer of the Sturmabteilung, or SA — the party’s private army ready at arms for street battles with Communists, roughing up Jews, Praetorian Guard duty for party brass, and various and sundry other unpleasantries.


An SA brownshirt tosses a book on the pyre at a May 10, 1933 book burning.

Röhm grew the SA like a weed. At well over 4 million men by the time of Hitler’s Chancellorship, it greatly outnumbered the army itself.

This gave Röhm personal designs on absorbing the army into his paramilitary instead of the other way around, and it gave Röhm the literal boots on the ground to manifest his own commitment to the “Socialist” bits of the “National Socialist” project. His noises about the “second revolution” to come after the Nazis had already obtained state power were most unwelcome.

“One often hears voices in the bourgeois camp to the effect that the SA have lost any reason for existence, but I will tell these gentlemen that the old bureaucratic spirit must yet be changed in a gentle or, if need be, an ungentle manner.”

-Röhm, Nov. 5, 1933 (Source)

Well, those gentlemen weren’t about to wait around to be changed in an ungentle manner. Hitler was induced to sacrifice the man who raised him to power in favor of those who could keep him there, personally arrested his old friend and aide-de-camp as the June 30 purge got underway.

A sucker for nostalgia, Hitler didn’t have Röhm killed outright — the fate of many others in those terrible hours — but instead shipped him to Stadelheim Prison in Munich.* After due consideration, though, the treacherous chancellor did what he was always going to do.

Alan Bullock, in Hitler: A Study in Tyranny, described the final scene.

Hitler ordered a revolver to be left in his cell, but Röhm refused to use it: “If I am to be killed, let Adolf do it himself.” According to an eyewitness at the 1957 Munich trial of those involved, he was shot by two S.S. officers who emptied their revolvers into him at point blank range. “Röhm wanted to say something but the S.S. officer told him to shut up. Then Röhm stood at attention — he was stripped to the waist — with his face full of contempt.”

A nice twist of the Long Knife by its wielders: they justified the purge on the grounds of an imminent coup attempt by the dead SA boss,** branding the murders of Röhm and his comrades … the Röhm-putsch.

* The same prison where the White Rose resistance members were later executed.

** Reinhard Heydrich supplied a dossier implausibly alleging Röhm was on the take from the French.

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1934: Night of the Long Knives

In the dark hours this date in 1934, a bargain with the devil was sealed in blood.

Months before, even mere hours before, it was still possible for longstanding adherents of the National Socialist Workers’ Party to demand the “Socialist” part of the program.

The SA and the SS will not tolerate the German revolution going to sleep and being betrayed at the half-way stage by non-combatants. … It is in fact high time the national revolution stopped and became the National Socialist one. Whether [the bourgeoisie] like it or not, we will continue our struggle — if they understand at last what it is about — with them; if they are unwilling — without them; and if necessary — against them.

Populist, not Bolshevik. (In fact, stridently anti-communist.) Nevertheless, a distinct menace by the have-nots against the haves.*

Especially so because they were the words not of some impotent scribbler but of Ernst Roehm, commander of the the Nazis’ paramilitary brownshirts. And threatening, too, for Adolf Hitler for this same reason: his ascension the previous year to the Chancellorship had entailed terms with a German elite who needed but mistrusted the man’s mass party. Something was going to have to give.

The Communist exile Leon Trotsky’s 1933 analysis of the infant Nazi Germany’s dynamics proved prescient.

The banner of National Socialism was raised by upstarts from the lower and middle commanding ranks of the old army. Decorated with medals for distinguished service, commissioned and noncommissioned officers could not believe that their heroism and sufferings for the Fatherland had not only come to naught, but also gave them no special claims to gratitude. Hence their hatred of the revolution and the proletariat. At the same time, they did not want to reconcile themselves to being sent by the bankers, industrialists, and ministers back to the modest posts of bookkeepers, engineers, postal clerks, and schoolteachers. Hence their “socialism.”

German fascism, like Italian fascism, raised itself to power on the backs of the petty bourgeoisie, which it turned into a battering ram against the organizations of the working class and the institutions of democracy. But fascism in power is least of all the rule of the petty bourgeoisie. On the contrary, it is the most ruthless dictatorship of monopoly capital. … The “socialist” revolution pictured by the petty-bourgeois masses as a necessary supplement to the national revolution is officially liquidated and condemned.

The Night of the Long Knives this date took those blades to the “socialists”, to the men like Roehm whose dreams of redistribution were reckless enough to picture his working-class militia supplanting the German army proper.

As its price of power, the Nazi leadership purged these dangerous elements.

At 2 a.m. this date, Hitler flew to Munich to personally arrest Roehm on the pretext of averting an imminent coup by Roehm’s SA.** Elsewhere in the Reich, coordinated arrests and summary executions destroyed the Nazi party’s “left”, and throughout this date, and continuing into the next, did not scruple to sweep up whatever other conservative elements Hitler considered unreliable.

It was a dangerous but ultimately decisive move. Albert Speer saw Hitler on July 1, and remembered him ebullient at the triumph.

Hitler was extremely excited and, as I believe to this day, inwardly convinced that he had come through a great danger. … Evidently he believed that his personal action had averted a disaster at the last minute: “I alone was able to solve this problem. No one else!”

The final death toll is uncertain. Hitler copped to 77 in a speech to the Reichstag two weeks later which chillingly claimed that “in this hour I was responsible for the fate of the German people, and thereby I became the supreme judge”; it is likely that the true number is much higher. But its effect went far beyond those immediately killed: it tamed the SA’s independence, and permanently subordinated it to the military; and, it brought Adolf Hitler the dictatorial power that would make the succeeding years so fruitful for this blog.

Among those known to have been seized and executed and/or murdered this date:

Roehm himself died on July 2, initially spared for his many good offices for the Nazi cause before Hitler realized he could not leave him alive.

The armed forces, apparently the day’s big winner, would pay a price of their own for the arrangement.

“In making common cause with” the murderous purge, observed William Shirer in The Rise and Fall of the Third Reich, “the generals were putting themselves in a position in which they could never oppose future acts of Nazi terrorism.” As the quid for the quo, soldiers were soon required to swear “unconditional obedience” to Adolf Hitler, and this oath would give countless Wehrmacht officers sufficient reason or excuse to eschew resistance to their leader until much too late.

Barely a month after the Night of the Long Knives, the ancient German President Hindenburg died in office. Hitler, who now commanded the clear allegiance of his nation’s elites and had savagely mastered his own party besides, succeeded the powers of Hindenburg’s vacant office along with those of his own Chancellorship and became the German Fuehrer.

* When the Nazis were knee high to the Weimar Republic, their party program sought such radical stuff as abolition of rentier income, generous old-age pensions, and nationalizing trusts.

** The historicity of any actual coup plot is generally dismissed, although the event is still known in German by the expedient sobriquet the Nazi leadership gave it, Roehm-putsch.

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1948: Dieter Wisliceny, Eichmann aide

On this date in 1948, SS man Dieter Wisliceny was hanged in Bratislava for his role in the destruction of European Jewry.

The Hauptsturmfuhrer joined the Nazi party in 1933 and became one of Adolf Eichmann‘s key lieutenants* implementing the Final Solution in the occupied east.

The porcine Wisliceny himself seems to have been more of an opportunist than anything else — a washout theology student who got in with the Nazis on the upswing and happily enriched himself shaking down Jews who were trying to avoid deportation from his fiefs in Slovakia, Hungary or Greece, generally without providing much substantive life-saving in return.

Arrested after the war, Wisliceny gave damning testimony to the Nuremberg court about his onetime boss.

[Eichmann] said he would leap laughing into the grave because the feeling that he had 5 million people on his conscience would be for him a source of extraordinary satisfaction.*

Wisliceny had actually been Eichmann’s superior in the 1930s, and helped to promote the man. As Eichmann surpassed him in rank, so the policy of wholesale extermination Eichmann came to symbolize surpassed Wisliceny’s Zionist emigration position.**

Notably, Wisliceny would claim that Eichmann showed him a written extermination order never recovered after the war.

I was sent to Berlin in July or August 1942 in connection with the status of Jews from Slovakia, which mission is referred to more fully hereinafter. I was talking to Eichmann in his office in Berlin when he said that on written order of Himmler all Jews were to be exterminated. I requested to be shown the order. He took a file from the safe and showed me a top secret document with a red border, indicating immediate action. It was addressed jointly to the Chief of the Security Police and SD and to the Inspector of Concentration Camps. The letter read substantially as follows :

“The Fuehrer has decided that the final solution of the Jewish question is to start immediately. I designate the Chief of the Security Police and SD and the Inspector of Concentration Camps as responsible for the execution of this order. The particulars of the program are to be agreed upon by the Chief of the Security Police and SD and the Inspector of Concentration Camps. I am to be informed currently as to the execution of this order”.

The order was signed by Himmler and was dated some time in April 1942. Eichmann told me that the words “final solution” meant the biological extermination of the Jewish race, but that for the time being able-bodied Jews were to be spared and employed in industry to meet current requirements. I was so much impressed with this document which gave Eichmann authority to kill millions of people that I said at the time : “May God forbid that our enemies should ever do anything similar to the German people”. He replied : “Don’t be sentimental-this is a Fuehrer order”

This version of the story presents its narrator in a notably un-culpable light, as befits a man giving evidence with his own life on the line. Eichmann, the nimble bureaucratic operator, scoffed at the story.

Do you believe that he sat down in order to write to me: ‘My dear Eichmann, the Fuhrer has ordered the physical annihilation of all Jews’? The truth is that Himmler never wrote down a single line in this matter … I never received an order of any kind.†

Wisliceny’s evidence against his former associate may have been motivated by the prisoners’ dilemma, but his testimony injured Eichmann all the same when the latter finally came to trial years after the war. It was cutting.

I consider Eichmann’s character and personality important factors in carrying out measures against the Jews. He was personally a cowardly man who went to great pains to protect himself from responsibility. He never made a move without approval from higher authority and was extremely careful to keep files and records establishing the responsibility of Himmler, Heydrich and later Kaltenbrunner.

Reliable or not, this stuff didn’t do Wisliceny (enough) good, either. He was handed over to Czechoslovakian authorities after the war, and hanged for war crimes.

(Some sources give February 1948 as the execution date; I believe this may have been when Wisliceny was convicted.)

* In the version Eichmann gave at his trial in Israel, his line was “five million enemies of the Reich.”

** “A memorandum (Vermerk) of April 7, 1937, signed by Wisliceny presents an argument for the emigration of all German Jews, which could be achieved only by supporting the Zionist enterprise.” (Yehuda Bauer, Jews for Sale? Nazi-Jewish Negotiations, 1933-1945)

Jews for Sale? Nazi-Jewish Negotiations, 1933-1945

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1948: The condemned from the Doctors’ Trial

On this date in 1948, seven SS men were hanged at Germany’s Landsberg Prison, condemned for war crimes and crimes against humanity in the so-called Doctors Trial.

Four of the hanged were doctors; three were non-physicians who assisted them. Their trial (which included 16 others, variously acquitted or sentenced to prison terms) by an American military tribunal was a conscious attempt to establish criminal responsibility among the medical profession.

As prosecutor Telford Taylor* said in his opening statement.

To kill, to maim, and to torture is criminal under all modern systems of law. These defendants did not kill in hot blood, nor for personal enrichment. Some of them may be sadists who killed and tortured for sport, but they are not all perverts. They are not ignorant men. Most of them are trained physicians and some of them are distinguished scientists. Yet these defendants, all of whom were fully able to comprehend the nature of their acts, and most of whom were exceptionally qualified to form a moral and professional judgment in this respect, are responsible for wholesale murder and unspeakably cruel tortures.

It is our deep obligation to all peoples of the world to show why and how these things happened. It is incumbent upon us to set forth with conspicuous clarity the ideas and motives which moved these defendants to treat their fellow men as less than beasts.

One of several war crimes trials after the big Nuremberg Tribunal (and held in the same courtroom), the Doctors Trial dealt with the Third Reich’s Frankenstein lab of medical experimentation.

Some of this was combat-related. How long can a downed pilot survive in the North Sea? Throw a POW into freezing water and find out.

Some was more conventional medical advancement, shorn of any ethical sense. How can we treat malaria? Inject some untermenschen and start testing.

And some of it was straight from the Nazis’ racial purification theology: euthanizing the disabled, castrating and murdering Jews and Gypsies, that sort of thing. It’s all a rich tapestry.

The doctors hanged this date included

  • Karl Brandt, Hitler’s personal physician and the co-director of the Aktion T4 euthanasia program**
  • SS hygienist Joachim Mrugowsky, for experiments with concentration camp prisoners
  • SS surgeon and German Red Cross head Karl Gebhart, who enjoyed experimenting with operations on unanaesthetized prisoners
  • Waldemar Hoven, chief doctor at Buchenwald

They kept company with three others who didn’t see the “patients” but pushed around the paper for those who did.

Many of this day’s scaffold clientele died unrepentant; Karl Brandt harangued at such length that the hood was put over his head mid-sentence to move proceedings along.

Landsberg Prison was a fitting site for their expiation. As the New York Times reported (June 3, 1948)

The men died on two black gallows erected in the courtyard of the prison where Hitler wrote “Mein Kampf” while confined after his 1923 Munich putsch.

* In 1970, Telford wrote Nuremberg and Vietnam: An American Tragedy, arguing that American officials had committed war crimes in Vietnam because “we failed ourselves to learn the lessons we undertook to teach at Nuremberg.”

Telford died in 1998, so his commentary on the accountability-free torture of the modern war machine is unavailable.

** Karl Brandt was actually condemned to death by a Nazi court in the closing days of the war and only narrowly avoided execution. His crime? Moving his family out of Berlin so that they could surrender to the Americans instead of the Russians.

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1945: Anton Dostler, gone commando

On December 1, 1945, German General Anton Dostler was shot by the American military at Aversa, Italy, for war crimes.

Gen. Dostler readied for execution, from the U.S. National Archives. Click for larger image, or click here for the post-execution photo.

Specifically, General Dostler was condemned for having ordered the summary execution of American saboteurs who had been taken behind enemy lines.* Dostler was the first German general tried by an American military commission, and the first put to death for war crimes.

And his sentence did not sit well with all.

There had been a group of German saboteurs captured in the United States during the war who had themselves been executed (after becoming the subject of Supreme Court landmark Ex parte Quirin). Here, a mirroring act on the German side brought a death sentence for its (supposed) author.

Dostler’s scenario therefore raised interesting questions of war crimes law, jurisdiction … and politics.

The essential legal difference between the German saboteurs and the OSS men shot at La Spezia was that the latter were found to have been taken in uniform. If uniformed, they were entitled to prisoner of war status; if not, then a summary execution might have been (however repugnant) permissible.

It seems to be generally agreed, and even conceded by Dostler’s defense, that the saboteurs were indeed in uniform, though the notes of the trial are rather vague on the point; there’s an intriguing indication that the defense disputed the notion that the captive saboteurs’ uniform had the necessary “fixed distinctive sign recognizable at a distance.” (Time said that “they wore no insignia, had turned their field jackets inside out.”)

In a do-over, Dostler’s defense might have dug very deep into what met the Geneva Convention’s definition of a uniform.**

For the Germans, however, the saboteurs’ fate was decided by Hitler’s notorious Commando Order, inflicting immediate death on any enemy personnel (uniformed or not) captured behind German lines.†

Understandably, then, Dostler’s counsel seems to have been much more interested in pursuing the “superior orders” defense, and did so with gusto: in this early landmark trial, it was an as-yet untested strategem even though the Allied Powers had decided as a matter of policy not to protect potential war criminals on that basis. Not only was the Führerbefehl at work in general, but Dostler had kicked this specific decision upstairs to the office of Gen. Albert Kesselring, which had insisted upon the executions (to the point of directly phoning the fortress which held the Americans to ask why they weren’t dead yet).

Dostler defense attorney Col. Claudius Wolfe appeared to strike a chord with the tribunal’s career military officers in his closing summation, impressing upon them the danger to military order or to their own persons of establishing a precedent that subordinates can be held accountable for illegal orders from above.‡

We won the war this time, but no one knows who will win the next time. We might lose and then you gentlemen might find yourselves sitting where this man is now sitting…

If we find this man guilty because of political pressure or because he lost the war and is in our power, we might as well not have won the war. (New York Times, Oct. 12, 1945)

But a more immediate precedent was at stake: the many imminent war crimes trials including the Nuremberg proceedings. Many of those would never get off the ground if a “superior orders” plea could work for someone as high-ranking as a general — or if the first war crimes trial out of the gate resulted in an acquittal.

A son of one of Dostler’s defense team makes a hotly-stated case for the general here; some factual errors (e.g., the “Roosevelt administration”) detract from the piece, but his recollection of the backstage machinations as related by his father are fascinating if true.

Video of Dostler’s execution is available, in its original silent cut.

* A description of the attempted operation, with helpful maps, is here (pdf). Coincidental — but perhaps informative for the Third Reich’s decision-making apparatus — was the fact that the La Spezia saboteurs were captured on March 24, 1944, the very same date as a reprisal mass execution in Rome for a partisan attack the day before that had claimed 33 Germans.

** Here (pdf) is a review of the current legal terrain around the “uniform” issue, significantly shaped by World War II. Executive summary: commanders should give awfully wide latitude to hostiles wearing less-than-standard uniform unless said hostiles are clearly using their wardrobe as a ploy to get the drop on your guys.

† Actually, the text of the Commando order directed that enemy “commandos” should without quarter “be exterminated to the last man, either in combat or in pursuit” (a “no quarter” order being illegal itself, but not relevant here); but, that those who somehow managed to be captured should be handed over to the SS. German officers seem to have understood, probably accurately, that the high command simply wanted them dead and wasn’t fussy about distinguishing the circumstances. Dostler’s guys (per the Oct. 13, 1945 London Times) contended that Hitler’s citation in the Führerbefehl of Allied atrocities made the German policy in reality a Geneva Convention-legal reprisal order.

‡ A German officer down the chain of command, Alexander zu Dohna-Schlobitten, actually refused to sign the execution order for the Americans because — yes — the order violated the Geneva Conventions. The Wehrmacht sacked him, but did not prosecute him, for his scruples.

Part of the Daily Double: Lesser War Criminals.

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