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In the winter of 1943 a joint announcement was made
by the Allied leaders Roosevelt, Churchill and Stalin,
that they would bring the Nazi
perpetrators to justice as soon as the war was over.
In fact, the first war crimes trial took place that
same year, conducted by Soviet authorities. After
the Red Army liberated the camp
of Majdanek in July 1944, trials were also held there.
After the German surrender in May 1945 an agreement
was signed by the Allies to set up an international
military tribunal at Nuremberg.
Justice Robert Jackson of the United States Supreme
Court led the prosecution, introducing for the first
time in history: Crimes Against Peace (planning, preparing,
initiating and/or waging war), War Crimes (violations
of the usual rules of warfare) and Crimes Against
Humanity (all crimes related to the murder of civilians
and genocide).
A liberated prisoner accuses a Nazi guard
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The Nuremberg Trials were held between November 20
1945 and October 1 1946, under an International Military
Tribunal made up of British, American, French and
Russian judges. During the first series of trials
22 Nazi figures were indicted, among them Goering,
Rosenberg, Streicher,
Kaltenbrunner, Speer, Ribbentrop and Hess.
During his trial, Hess said:
"You can be sure it was not always a pleasure
to see those mountains of corpses or smell the continual
burning. But Himmler had ordered it and had explained
the necessity and I never really gave much thought
to whether it was wrong. It just seemed a necessity."
Many perpetrators escaped prosecution: some fled
Europe or went underground in Germany and Austria,
while others committed suicide, including Goebbels,
Himmler
and Hitler.
Of the 21 Nazis who did stand trial (one had killed
himself after being captured), 14 were sentenced to
death by hanging and the remaining seven to long prison
terms. Goering killed himself with poison before he
could be hanged.
A second set of trials, known as the "Subsequent
Nuremberg Proceedings", was then held by the
U.S. Military Court. This time there were 185 accused,
divided into 12 groups. These included the Nazi 'doctors',
members of the Einsatzgruppen,
camp administrators, German judges, generals and top
executives of German companies which had used slave
labour, constructed factories to do so and/or produced
and sold Zyklon-B
gas. As in the first trials, a common 'defense' was
"I was only following orders." Nevertheless,
there were some death sentences and some prison terms,
but also 35 acquittals.
Afterwards, the Allied occupation authorities continued
to try Nazis. In total, 5025 Nazi criminals were convicted
between 1945-1949 in the American, British and French
zones, as well as a number who were tried in the Soviet
zone. The United Nations War Crimes Commission also
prepared lists of war criminals who were later tried
in Allied countries and countries which had been under
Nazi occupation. Polish tribunals, for example, tried
approximately 40 000 Nazi war criminals.
German courts began to function as early as 1945.
In 1958 West Germany established a special agency
in Ludwigsburg to aid in the investigation of war
crimes and prepare cases for trial. By 1989, approximately
105 000 Germans had been investigated and over 6000
had been convicted. Special mention should be made
of Simon Wiesenthal, whose activities have led to
the capture of numerous Nazi criminals.
Female guards from Bergen-Belsen camp on trial
at Luneberg, September 18 1945
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After the Berlin Blockade of 1948 made a stronger
Germany important for U.S. geo-political interests,
clemency boards were established for many of the convicted
Nazis. Within only a few years, sentences were commuted,
pardons granted and prisoners allowed time off for
good behaviour. By 1951 a general amnesty was granted
and in the end, 77 Nazi convicts were set free. Industrialist
Alfred Krupp was one of them; his personal fortune
was returned to him and he resumed leadership of his
company, which had profited so greatly from slave
labour. Only five men remained under sentence of death,
all of whom had participated directly in the mass
murders.
Some freed or escaped Nazi leaders assumed new identities
in Germany, Austria, South America or Arab countries,
helped by various organisations and institutions.
These included: ODESSA (an organisation of former
SS men), the Catholic Church and even intelligence
agencies, who wanted to use their military and scientific
'expertise' in their war against communism.
Adolf
Eichmann, the SS officer who was in charge of
the deportations of the Jews, escaped and lived in
hiding in Argentina until 1960, when he was kidnapped
by Israeli agents. He was brought to Israel to be
tried. The Chief Prosecuter, Gideon Hausner, said
during the trial:
"When I stand before you here, judges of Israel,
to lead the prosecution of Adolf Eichmann, I am
not standing alone. With me are six million accusers.
But they cannot rise to their feet and point an
accusing finger towards him who sits in the dock
and cry: 'I accuse.' For their ashes are piled up
on the hills of Auschwitz
and the fields of Treblinka, and are strewn in the
forests of Poland. Their graves are scattered throughout
the length and breadth of Europe. Their blood cries
out, but their voice is not heard. Therefore I will
be their spokesman and in their name I will unfold
the awesome indictment."
During the trial, Eichmann himself said:
"I did not take on the job as a senseless
exercise. It gave me uncommon joy. I found it fascinating
to have to deal with these matters
My job was
to catch these enemies and transport them to their
destination
I lived in this stuff, otherwise
I would have remained only an assistant, a cog,
something soulless."
Eichmann was found guilty and hanged: the only official
execution in the history of Israel.
Countless Nazi war criminals lived and still live
in freedom all over the world, despite belated efforts
to bring them to justice by the U.S., Canada, the
U.K. and Australia.
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