The Evening Star (July 26, 1946)
Jackson brands 22 Nazis with Hitler’s guilt
Calls for conviction in opening summation of Nuernberg trials
NUERNBERG, Germany (AP) – Justice Robert H. Jackson today demanded on behalf of the United States that all 22 Nazi leaders on trial on war crimes charges before the International Military Tribunal be convicted as “conspirators” to wage aggressive war.
Opening the prosecution’s summation for the Allied nations against Hermann Goering and his 21 co-defendants after eight months of testimony and debate. Justice Jackson declared: “Adolf Hitler’s acts are their acts. His guilt is the guilt of the whole dock and every man in it.”
Briton charges 12 million murders
Justice Jackson was followed by the chief British prosecutor, Sir Hartley W. Shawcross, who declared the prisoners were guilty of “12,000,000 murders.”
He declared they participated in and directed “the cold, calculated, deliberate attempt to destroy nations and races, to disintegrate the traditions, the institutions and the very existence of free and ancient states through murder conducted like some mass production industry in the gas chambers and the ovens” of death camps.
For the first time in several months, there hardly was an empty seat in the courtroom.
Rudolf Hess, Bormann missing
Rudolf Hess, the third ranking German before he parachuted into Scotland and started his incredible insanity hoax, was the only defendant missing beside Martin Bormann, tried in absentia but often termed dead.
Once when Justice Jackson was relating how the German Army, Navy and Air Force grew, paunchy Hermann Goering and Grand Adm. Erich Raeder started a heated argument that military police had to break up.
All defendants except Ernst Kaltenbrunner, once head of the secret police, seemed to enjoy Justice Jackson’s biting remarks. Even he grinned widely when the American described his defense as that of a “security chief who was of the impression that the policing functions of his Gestapo SS were somewhat on the order of directing traffic.”
Papen shakes head sadly
Franz von Papen, the wily old diplomatic schemer, shook his head sadly when Justice Jackson said he was one of the men who made Hitler believe in the “indecision and timidity of democratic people.” Papen had been chancellor before Hitler took power. He listened intently without earphones.
Julius Streicher, the anti-Semitic publisher, paid little attention. Arthur Seyss-Inquart, Hitler’s ruler in Holland and earlier in Austria, appeared to doze several times.
Most defendants appeared to enjoy Justice Jackson’s remarks about the fortunes in art treasures which Goering looted. The former Reichsmarshal just shook his head as if he were a man amazed.
Other defendants, whose lives were in the balance, were former Foreign Minister Joachim von Ribbentrop; Field Marshal Wilhelm Keitel; Col. Gen. Alfred Jodl; Grand Adm. Karl Doenitz; Hjalmar Schacht, former economics minister and Reichsbank president; Walter Funk, Schacht’s successor; Alfred Rosenberg, Nazi Party philosopher; Hans Frank, occupation governor of Poland; Wilhelm Frick, minister of the interior; Constantin von Neurath, former “protector” of Bohemia and Moravia; SS Gen. Fritz Sauckel; Munitions Minister Albert Speer; Propagandist Hans Fritsche, and Youth Leader Baldur von Schirach.
Goering, “half militarist and half gangster,” was, “next to Hitler, the man who tied the activities of all the defendants together in a common effort,” Justice Jackson said, adding:
“The parts played by the other defendants, although less comprehensive and less spectacular than that of the Reichsmarshal, were nevertheless integral and necessary contributions to the joint undertaking.”
All workers for war
From the moment the Nazis came to power in 1933, the American prosecutor asserted, “every one of the defendants worked like beavers” to prepare for war which they knew would be a war of German aggression.
Dismissing with irony the “almost unanimous” defense of the group that “nobody knew anything about what was going on,” the chief American prosecutor said, “they all speak with a Nazi double talk.”
“They have been given the kind of trial which they, in the days of their pomp and power, never gave to any man,” he noted.
The Supreme Court justice limited his summation to the charge of conspiracy, thus leaving it to the French, British and Russian prosecutors to deal with these other counts of the indictment: Crimes against peace, war crimes, and crimes against humanity.
Cites five groups of overt acts
Justice Jackson told the tribunal that “the pillars which uphold the conspiracy charge may be found in five groups of the Overt Acts”:
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Seizure of power and subjugation of Germany to a police state in which “the party was the state, the state was the party, and terror by day and death by night were the policy of both.”
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Preparation for and actual waging of wars of aggression, for which the Nazis made “feverish but stealthy efforts. in defiance of the Versailles Treaty”’ from the moment they came to power.
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Warfare in disregard of international law, including the starving, beating, murdering, freezing, and mass extermination admittedly used against the eastern soldiery” and the shooting of British and American airmen.
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Enslavement and plunder of populations in occupied countries.
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Persecution and extermination of Jews and Christians, which resulted in the killing of an estimated 6,000,000 Jews in “the mast far-flung and terrible racial persecution of all time.”
Central plot is aggression
“The central crime in this pattern of crime, the kingpin which holds them all together, is the plot for aggressive war,” Justice Jackson continued.
The justice ridiculed contentions by some of the defendants that none of the Nazis wanted war, that rearmament was undertaken only to make Germany’s voice heard in the family of nations and that the wars were defensive against a “Bolshevik menace.”
“Even if it could be shown – which it cannot be – that the Russian war was really defensive, such is demonstrably not the case with those wars which preceded it,” the prosecutor said.
“If these defendants may now cynically plead self-defense … it reduces nonaggression treaties to a legal absurdity.”
As for attempts of defense counsel to pin Nazi guilt on Hitler, Himmler, Goebbels and other leaders presumably dead, he said the defendants had access to Hitler, and often controlled the information that reached him and on which he must base his policy and his orders.”
Sir Hartley Shawcross, starting a summation that will require perhaps eight hours, declared the guilt of the German captives “is not in doubt.”
He read the British case from a manuscript as thick as a novel, and in many cases, more lurid.
He accused the defendants of the crime of war itself – “total and totalitarian war. waged in defiance of solemn undertakings and in breach of treaties.” He recalled the “great war aims set forth and emphasized by President Roosevelt and Prime Minister Churchill to establish losing of an aggressive war as an international crime and to set up legal machinery to deal with the men accused of committing it.”