High Command Case (NMT): Difference between revisions

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  | id = University of Southampton Libraries Special Collections Reference: GB 0738 MS 200
  | id = University of Southampton Libraries Special Collections Reference: GB 0738 MS 200
  | url = http://www.archiveshub.ac.uk/news/nuremberg.html
  | url = http://www.archiveshub.ac.uk/news/nuremberg.html
  | publisher = ArchivesHub, a national gateway to descriptions of archives in UK universities and colleges}}</ref> In the four-power [[International Military Tribunal (Nuremberg)]], the High Command itself was not determined to be a criminal conspiracy. <ref name=Neave>{{citation
  | publisher = ArchivesHub, a national gateway to descriptions of archives in UK universities and colleges}}</ref> In the four-power [[International Military Tribunal (Nuremberg)]], the High Command (''[[Oberkommando der Wehrmacht]]'') itself was not determined to be a criminal conspiracy. <ref name=Neave>{{citation
  | author = Airey Neave | title = On Trial at Nuremberg | publisher = Little, Brown | year = 1978
  | author = Airey Neave | title = On Trial at Nuremberg | publisher = Little, Brown | year = 1978
}},pp. 288-295</ref>
}},pp. 288-295</ref>
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The conspiracy charge  was dismissed on the grounds "as tendering no issue not contained in the preceding Counts."  All defendants were judged to have been below the policy-making level and acquitted of the first charge.<ref>United Nations War Crimes Commission, p. 70</ref>
The conspiracy charge  was dismissed on the grounds "as tendering no issue not contained in the preceding Counts."  All defendants were judged to have been below the policy-making level and acquitted of the first charge.<ref>United Nations War Crimes Commission, p. 70</ref>


The war crimes and crimes against humanity indictments included criminal responsibility in connection with the implementation of the [[Commissar Order]], the [[Barbarossa Jurisdiction Order]],  the [[Night and Fog Decree]] (Nacht und Nebel), the [[Hostages and Reprisals Order]], murder and ill-treatment of prisoners of war and of the civilian population in occupied territories and their employment as slave laborers, cooperation between the Wehrmacht and the SS in connection with the persecution and execution of Jews and other segments of the population, and plunder and spoliation.
The war crimes and crimes against humanity indictments included criminal responsibility in connection with the implementation of the [[Commissar Order]], the [[Barbarossa Jurisdiction Order]],  the [[Night and Fog Decree]] (Nacht und Nebel), the [[Hostages and Reprisals Order]], murder and ill-treatment of prisoners of war and of the civilian population in occupied territories and their employment as slave laborers, cooperation between the [[Wehrmacht]] and the [[SS]] in connection with the persecution and execution of Jews and other segments of the population, and plunder and spoliation.


Hostage taking was also considered in the [[Hostages Case (NMT)]]; the taking and execution of hostages was not always impermissible in international law.
Hostage taking was also considered in the [[Hostages Case (NMT)]]; the taking and execution of hostages was not always impermissible in international law.
===War crimes===
===War crimes===
Unlawful orders initiated, drafted, distributed and executed by the defendants directed that certain enemy troops be refused quarter and be denied the status and rights of prisoners of war, and that certain captured members of the military forces of nations at war with Germany be summarily executed.  ...  prisoners of war were denied rights to which they were entitled under conventions and the laws and customs of war. Soldiers were branded, denied adequate food, shelter, clothing and care, subjected to all types of cruelties and unlawful reprisals, tortured and murdered.  Special screening and extermination units....operating with the support and under the jurisdiction of the Wehrmacht, selected and killed prisoners of war for religious, political and racial reasons.  Many recaptured prisoners were ordered executed.
The charges include denial of [[prisoner of war]] (POW) status to lawful combatants,and mistreatment of detained POWs. The defendants were also accused of cooperation with the [[Einsatzgruppen]] units for field killing of civilians. The [[Commissar Order]] and [[Commando Order]] were cited as unlawful orders for summary execution of persons entitled to POW status.


===Crimes against Humanity===
===Crimes against Humanity===

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Template:TOC-right Case No. 12 of the Nuremberg Military Tribunals was the High Command Case (NMT), United States against Wilhelm von Leeb, et al.[1] In the four-power International Military Tribunal (Nuremberg), the High Command (Oberkommando der Wehrmacht) itself was not determined to be a criminal conspiracy. [2]

Two of the defendants were acquitted of all charges. The remaining eleven were all found guilty on charges of war crimes, crimes against humanity, or both, and imprisoned for terms from life to three years.

Defendants

Defendant Disposition
Wilhelm von Leeb 3 years
Hugo Sperrle Row 2, Column 2
Georg von Kuechler Row 3, Column 2
Johannes Blaskowitz Committed suicide
Hermann Hoth Row 3, Column 2
Hans Reinhardt Row 3, Column 2
Hans von Salmuth Row 3, Column 2
Karl Hollidt Row 3, Column 2
Otto Schniewind Row 3, Column 2
Karl von Roques Row 3, Column 2
Hermann Reinecke Row 3, Column
Walter Warlimont Row 3, Column 2
Otto Woehler Row 3, Column 2
Rudolf Lehmann Row 3, Column 2

Timetable

Charges

The charges laid against the defendants were:

  1. crimes against the peace (i.e., waging aggressive war)
  2. war crimes and crimes against humanity: crimes against enemy belligerents and prisoners of war
  3. war crimes and crimes against humanity: crimes against civilians
  4. common plan or conspiracy.

The conspiracy charge was dismissed on the grounds "as tendering no issue not contained in the preceding Counts." All defendants were judged to have been below the policy-making level and acquitted of the first charge.[3]

The war crimes and crimes against humanity indictments included criminal responsibility in connection with the implementation of the Commissar Order, the Barbarossa Jurisdiction Order, the Night and Fog Decree (Nacht und Nebel), the Hostages and Reprisals Order, murder and ill-treatment of prisoners of war and of the civilian population in occupied territories and their employment as slave laborers, cooperation between the Wehrmacht and the SS in connection with the persecution and execution of Jews and other segments of the population, and plunder and spoliation.

Hostage taking was also considered in the Hostages Case (NMT); the taking and execution of hostages was not always impermissible in international law.

War crimes

The charges include denial of prisoner of war (POW) status to lawful combatants,and mistreatment of detained POWs. The defendants were also accused of cooperation with the Einsatzgruppen units for field killing of civilians. The Commissar Order and Commando Order were cited as unlawful orders for summary execution of persons entitled to POW status.

Crimes against Humanity

Murder, extermination, ill-treatment, torture, conscription to forced labour, deportation to slave labour or for other purposes, imprisonment without cause, killing of hostages, persecutions on political, racial and religious grounds, plunder of public and private property, wanton destruction of cities, towns and villages, devastation not justified by military necessity, and other inhumane and criminal acts against German nationals and members of the civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by Germany. [4]

References

  1. Papers of the International Military Tribunal and the Nuremberg Military Tribunals, ArchivesHub, a national gateway to descriptions of archives in UK universities and colleges, University of Southampton Libraries Special Collections Reference: GB 0738 MS 200
  2. Airey Neave (1978), On Trial at Nuremberg, Little, Brown,pp. 288-295
  3. United Nations War Crimes Commission, p. 70
  4. United Nations War Crimes Commission, pp.3-4