5
THE NUREMBERG TRIALS
The story of the Six Million was
given judicial authority at the Nuremberg Trials of German leaders between
1945 and 1949, proceedings which proved to be the most disgraceful legal
farce in history. For a far more detailed study of the iniquities of these
trials, which as Field Marshal Montgomery said, made it a crime to lose
a war, the reader is referred to the works cited below, and particulary
to the outstanding book Advance to Barbarism (Nelson, 1953), by the distinguished
English jurist, F. J. P. Veale. From the very outset, the Nuremberg Trials
proceeded on the basis of gross statistical errors. In his speech of indictment
on November 20th, 1945, Mr. Sidney Alderman declared that there had been
9,600,000 Jews living in German occupied Europe. Our earlier study has
shown this figure to be wildly inaccurate. It is arrived at (a) by completely
ignoring all Jewish emigration between 1933 and 1945, and (b) by adding
all the Jews of Russia, including the two million or more who were never
in German-occupied territory. The same inflated figure, slightly enlarged
to 9,800,000, was produced again at the Eichmann Trial in Israel by Prof.
Shalom Baron. The alleged Six Million victims first appeared as the foundation
for the prosecution at Nuremberg, and after some dalliance with ten million
or more by the Press at the time, it eventually gained international popularity
and acceptance. It is very significant, however, that, although this outlandish
figure was able to win credence in the reckless atmosphere of recrimination
in 1945, it had become no longer tenable by 1961, at the Eichmann Trial.
The Jerusalem court studiously avoided mentioning the figure of Six Million,
and the charge drawn up by Mr. Gideon Haussner simply said "some" millions.
LEGAL PRINCIPLES IGNORED
Should anyone be misled into believing
that the extermination of the Jews was "proved" at Nuremberg by "evidence",
he should consider the nature of the Trials themselves, based as they were
on a total disregard of sound legal principles of any kind. The accusers
acted as prosecutors, judges and executioners; "guilt" was assumed from
the outset. (Among the judges, of course, were the Russians, whose numberless
crimes included the massacre of 15,000 Polish officers, a proportion of
whose bodies were discovered by the Germans at Katyn Forest, near Smolensk.
The Soviet Prosecutor attempted to blame this slaughter on the German defendants).
At Nuremberg, ex post facto legislation was created, whereby men were tried
for "crimes" which were only declared crimes after they had been allegedly
committed. Hitherto it had been the most basic legal principle that a person
could only be convicted for infringing a law that was in force at the time
of the infringement. "Nulla Poena Sine Lege." The Rules of Evidence, developed
by British jurisprudence over the centuries in order to arrive at the truth
of a charge with as much certainty as possible, were entirely disregarded
at Nuremberg. It was decreed that "the Tribunal should not be bound by
technical rules of evidence" but could admit "any evidence which it deemed
to have probative value," that is, would support a conviction. In practise,
this meant the admittance of hearsay evidence and documents, which in a
normal judicial trial are always rejected as untrustworthy. That such evidence
was allowed is of profound significance, because it was one of the principal
methods by which the extermination legend was fabricated through fraudulent
"written affidavits". Although only 240 witnesses were called in the course
of the Trials, no less than 300,000 of these "written affidavits" were
accepted by the Court as supporting the charges, without this evidence
being heard under oath. Under these circumstances, any Jewish deportee
or camp inmate could make any revengeful allegation that he pleased. Most
incredible of all, perhaps, was the fact that defence lawyers at Nuremberg
were not permitted to cross-examine prosecution witnesses. A somewhat similar
situation prevailed at the trial of Adolf Eichmann, when it was announced
that Eichmann's defence lawyer could be cancelled at any time "if an intolerable
situation should arise," which presumably meant if his lawyer started to
prove his innocence. The real background of the Nuremberg Trials was exposed
by the American judge, Justice Wenersturm, President of one of Tribunals.
He was so disgusted by the proceedings that he resigned his appointment
and flew home to America, leaving behind a statement to the Chicago Tribune
which ennumerated point by point his objections to the Trials (cf Mark
Lautern, Das Letzte Wort über Nürnberg, p. 56). Points 3 -8 are
as follows: 3. The members of the department of the Public Prosecutor,
instead of trying to formulate and reach a new guiding legal principle,
were moved only by personal ambition and revenge. 4. The prosecution did
its utmost in every way possible to prevent the defence preparing its case
and to make it impossible for it to furnish evidence. 5. The prosecution,
led by General Taylor, did everything in its power to prevent the unanimous
decision of the Military Court being carried out i.e. to ask Washington
to furnish and make available to the court further documentary evidence
in the possession of the American Government. 6. Ninety per cent of the
Nuremberg Court consisted of biased persons who, either on political or
racial grounds, furthered the prosecution's case. 7. The prosecution obviously
knew how to fill all the administrative posts of the Military Court with
"Americans" whose naturalisation certificates were very new indeed, and
who, whether in the administrative service or by their translations etc.,
created an atmposhere hostile to the accused persons. 8. The real aim of
the Nuremberg Trials was to show the Germans the crimes of their Führer,
and this aim was at the same time the pretext on which the trials were
ordered . . . Had I known seven months earlier what was happening at Nuremberg,
I would never have gone there. Concerning Point 6, that ninety per cent
of the Nuremberg Court consisted of people biased on racial or political
grounds, this was a fact confirmed by others present. According to Earl
Carrol, an American lawyer, sixty per cent of the staff of the Public Prosecutor's
Office were German Jews who had left Germany after the promulgation of
Hitler's Race Laws. He observed that not even ten per cent of the Americans
employed at the Nuremberg courts were actually Americans by birth. The
chief of the Public Prosecutor's Office, who worked behind General Taylor,
was Robert M. Kempner, a German-Jewish emigrant. He was assisted by Morris
Amchan. Mark Lautern, who observed the Trials, writes in his book: "They
have all arrived: the Solomons, the Schlossbergers and the Rabinovitches,
members of the Public Prosecutor's staff . . ." (ibid. p. 68). It is obvious
from these facts that the fundamental legal principle: that no man can
sit in judgement on his own case, was abandoned altogether. Moreover, the
majority of witnesses were also Jews. According to Prof. Maurice Bardeche,
who was also an observer at the Trials, the only concern of these witnesses
was not to show their hatred too openly, and to try and give an impression
of objectivity (Nuremberg ou la Terre Promise, Paris, 1948, p. 149).
'CONFESSIONS' UNDER TORTURE
Altogether more disturbing, however,
were the methods employed to extract statements and "confessions" at Nuremberg,
particularly those from S.S. officers which were used to support the extermination
charge. The American Senator, Joseph McCarthy, in a statement given to
the American Press on May 20th, 1949, drew attention to the following cases
of torture to secure such confessions. In the prison of the Swabisch Hall,
he stated, officers of the S.S. Leibstandarte Adolf Hitler were flogged
until they were soaked in blood, after which their sexual organs were trampled
on as they lay prostrate on the ground. As in the notorious Malmedy Trials
of private soldiers, the prisoners were hoisted in the air and beaten until
they signed the confessions demanded of them. On the basis of such "confessions"
extorted from S.S. Generals Sepp Dietrich and Joachim Paiper, the Leibstandarte
was convicted as a "guilty organisation". S.S. General Oswald Pohl, the
economic administrator of the concentration camp system, had his face smeared
with faeces and was subsequently beaten until he supplied his confession.
In dealing with these cases, Senator McCarthy told the Press: "I have heard
evidence and read documentary proofs to the effect that the accused persons
were beaten up, maltreated and physically tortured by methods which could
only be conceived in sick brains. They were subjected to mock trials and
pretended executions, they were told their families would be deprived of
their ration cards. All these things were carried out with the approval
of the Public Prosecutor in order to secure the psychological atmosphere
necessary for the extortion of the required confessions. If the United
States lets such acts committed by a few people go unpunished, then the
whole world can rightly criticise us severely and forever doubt the correctness
of our motives and our moral integrity." The methods of intimidation described
were repeated during trials at Frankfurt-am-Mein and at Dachau, and large
numbers of Germans were convicted for atrocities on the basis of their
admissions. The American Judge Edward L. van Roden, one of the three members
of the Simpson Army Commission which was subsequently appointed to investigate
the methods of justice at the Dachau trials, revealed the methods by which
these admissions were secured in the Washington Daily News, January 9th,
1949. His account also appeared in the British newspaper, the Sunday Pictorial,
January 23rd, 1949. The methods he described were: "Posturing as priests
to hear confessions and give absolution; torture with burning matches driven
under the prisoners finger-nails; knocking out of teeth and breaking jaws;
solitary confinement and near starvation rations." Van Roden explained:
"The statements which were admitted as evidence were obtained from men
who had first been kept in solitary confinement for three, four and five
months . . . The investigators would put a black hood over the accused's
head and then punch him in the face with brass knuckles, kick him and beat
him with rubber hoses . . . All but two of the Germans, in the 139 cases
we investigated, had been kicked in the testicles beyond repair. This was
standard operating procedure with our American investigators." The "American"
investigators responsible (and who later functioned as the prosecution
in the trials) were: Lt.-Col. Burton F. Ellis (chief of the War Crimes
Committee) and his assistants, Capt. Raphael Shumacker, Lt. Robert E. Byrne,
Lt. William R. Perl, Mr. Morris Ellowitz, Mr. Harry Thon, and Mr. Kirschbaum.
The legal adviser of the court was Col. A. H. Rosenfeld. The reader will
immediately appreciate from their names that the majority of these people
were "biased on racial grounds" in the words of Justice Wenersturm - that
is, were Jewish, and therefore should never have been involved in any such
investigation. Despite the fact that "confessions" pertaining to the extemination
of the Jews were extracted under these conditions, Nuremberg statements
are still regarded as conclusive evidence for the Six Million by writers
like Reitlinger and others, and the illusion is maintained that the Trials
were both impartial and impeccably fair. When General Taylor, the Chief
Public Prosecutor, was asked where he had obtained the figure of the Six
Million, he replied that it was based on the confession of S.S. General
Otto Ohlendorf. He, too, was tortured and his case is examined below. But
as far as such "confessions" in general are concerned, we can do no better
than quote the British Sunday Pictorial when reviewing the report of Judge
van Roden: "Strong men were reduced to broken wrecks ready to mumble any
admission demanded by their prosecutors."
THE WISLICENY STATEMENT
At this point, let us turn to some
of the Nuremberg documents themselves. The document quoted most frequently
in support of the legend of the Six Million, and which figures largely
in Poliakov and Wulf's Das Dritte Reich und die Juden: Dokumente und Aufsätze,
is the statement of S.S. Captain Dieter Wisliceny, an assistant in Adolf
Eichmann's office and later the Gestapo chief in Slovakia. It was obtained
under conditions even more extreme than those described above, for Wisliceny
fell into the hands of Czech Communists and was "interrogated" at the Soviet-controlled
Bratislava Prison in November, 1946. Subjected to torture, Wisliceny was
reduced to a nervous wreck and became addicted to uncontrollable fits of
sobbing for hours on end prior to his execution. Although the conditions
under which his statement was obtained empty it entirely of all pIausibility,
Poliakov prefers to ignore this and merely writes: "In prison he wrote
several memoirs that contain information of great interest" (Harvest of
Hate, p. 3). These memoirs include some genuine statements of fact to provide
authenticity, such as that Himmler was an enthusiastic advocate of Jewish
emigration and that the emigration of Jews from Europe continued throughout
the war, but in general they are typical of the Communist-style "confession"
produced at Soviet show-trials. Frequent reference is made to exterminating
Jews and a flagrant attempt is made to implicate as many S.S. leaders as
possible. Factual errors are also common, notably the statement that the
war with Poland added more than 3 million Jews to the German-occupied territory,
which we have disproved above.
THE CASE OF THE EINSATZGRUPPEN
The Wisliceny statement deals at
some length with the activities of the Einsatzgruppen or Action Groups
used in the Russian campaign. These must merit a detailed consideration
in a survey of Nuremberg because the picture presented of them at the Trials
represents a kind of "Six Million" in miniature, i.e. has been proved since
to be the most enormous exaggeration and falsification. The Einsatzgruppen
were four special units drawn from the Gestapo and the S.D. (S.S. Security
Service) whose task was to wipe out partisans and Communist commissars
in the wake of the advancing German armies in Russia. As early as 1939,
there had been 34,000 of these political commissars attached to the Red
Army. The activities of the Einsatzgruppen were the particular concern
of the Soviet Prosecutor Rudenko at the Nuremberg Trials. The 1947 indictment
of the four groups alleged that in the course of their operations they
had killed not less than one million Jews in Russia merely because they
were Jews. These allegations have since been elaborated; it is now claimed
that the murder of Soviet Jews by the Einsatzgruppen constituted Phase
One in the plan to exterminate the Jews, Phase Two being the transportation
of European Jews to Poland. Reitlinger admits that the original term "final
solution" referred to emigration and had nothing to do with the liquidation
of Jews, but he then claims that an extermination policy began at the time
of the invasion of Russia in 1941. He considers Hitler's order of July
1941 for the liquidation of the Communist commissars, and he concludes
that this was accompanied by a verbal order from Hitler for the Einsatzgruppen
to liquidate all Soviet Jews (Die Endlösung, p. 91). If this assumption
is based on anything at all, it is probably the worthless Wisliceny statement,
which alleges that the Einsatzgruppen were soon receiving orders to extend
their task of crushing Communists and partisans to a "general massacre"
of Russian Jews. It is very significant that, once again, it is a "verbal
order" for exterminating Jews that is supposed to have accompanied Hitler's
genuine, written order - yet another nebulous and unprovable assumption
on the part of Reitlinger. An earlier order from Hitler, dated March 1941
and signed by Field Marshal Keitel, makes it quite clear what the real
tasks of the future Einsatzgruppen would be. It states that in the Russian
campaign, the Reichsfüher S.S. (Himmler) is to be entrusted with "tasks
for the political administration, tasks which result from the struggle
which has to be carried out between two opposing political systems" (Manvell
and Frankl, ibid., p. 115). This plainly refers to eliminating Communism,
especially the political commissars whose specific task was Communist indoctrination.
THE OHLENDORF TRIAL
The most revealing trial in the
"Einsatzgruppen Case" at Nuremberg was that of S.S. General Otto Ohlendorf,
the chief of the S.D. who commanded Einsatzgruppe D in the Ukraine, attached
to Field Marshal von Manstein's Eleventh Army. During the last phase of
the war he was employed as a foreign trade expert in the Ministry of Economics.
Ohlendorf was one of those subjected to the torture described earlier,
and in his affidavit of November 5th, 1945 he was "persuaded" to confess
that 90,000 Jews had been killed under his command alone. Ohlendorf did
not come to trial until 1948, long after the main Nuremberg Trial, and
by that time he was insisting that his earlier statement had been extracted
from him under torture. In his main speech before the Tribunal, Ohlendorf
took the opportunity to denounce Philip Auerbach, the Jewish attorney-general
of the Bavarian State Office for Restitution, who at that time was claiming
compensation for "eleven million Jews" who had suffered in German concentration
camps. Ohlendorf dismissed this ridiculous claim, stating that "not the
minutest part" of the people for whom Auerbach was demanding compensation
had even seen a concentration camp. Ohlendorf lived long enough to see
Auerbach convicted for embezzlement and fraud (forging documents purporting
to show huge payments of compensation to non-existent people) before his
own execution finally took place in 1951. Ohlendorf explained to the Tribunal
that his units often had to prevent massacres of Jews organised by anti-Semitic
Ukrainians behind the German front, and he denied that the Einsatzgruppen
as a whole had inflicted even one quarter of the casualties claimed by
the prosecution. He insisted that the illegal partisan warfare in Russia,
which he had to combat, had taken a far higher toll of lives from the regular
German army - an assertion confirmed by the Soviet Government, which boasted
of 500,000 German troops killed by partisans. In fact, Franz Stahlecker,
commander of Einsatzgruppe A in the Baltic region and White Russia, was
himself killed by partisans in 1942. The English jurist F. J. P. Veale,
in dealing with the Action Groups, explains that in the fighting on the
Russian front no distinction could be properly drawn between partisans
and the civilian population, because any Russian civilian who maintained
his civilian status instead of acting as a terrorist was liable to be executed
by his countrymen as a traitor. Veale says of the Action Groups: "There
is no question that their orders were to combat terror by terror", and
he finds it strange that atrocities committed by the partisans in the struggle
were regarded as blameless simply because they turned out to be on the
winning side (ibid. p. 223). Ohlendorf took the same view, and in a bitter
appeal written before his execution, he accused the Allies of hypocrisy
in holding the Germans to account by conventional laws of warfare while
fighting a savage Soviet enemy who did not respect those laws.
ACTION GROUP EXECUTIONS DISTORTED
The Soviet charge that the Action
Groups had wantonly exterminated a million Jews during their operations
has been shown subsequently to be a massive falsification. In fact, there
had never been the slightest statistical basis for the figure. In this
connection, Poliakov and Wulf cite the statement of Wilhelm Hoettl, the
dubious American spy, double agent and former assistant of Eichmann. Hoettl,
it will be remembered, claimed that Eichmann had "told him " that six million
Jews had been exterminated - and he added that two million of these had
been killed by the Einsatzgruppen. This absurd figure went beyond even
the wildest estimates of Soviet Prosecutor Rudenko, and it was not.given
any credence by the American Tribunal which tried and condemned Ohlendorf.
The real number of casualties for which the Action Groups were responsible
has since been revealed in the scholarly work Manstein, his Campaigns and
his Trial (London, 1951), by the able English lawyer R. T. Paget. Ohlendorf
had been under Manstein's nominal command. Paget's conclusion is that the
Nuremberg Court, in accepting the figures of the Soviet prosecution, exaggerated
the number of casualties by more than 1000 per cent and that they distorted
even more the situations in which these casualties were infiicted. (These
horrific distortions are the subject of six pages of William Shirer's The
Rise and Fall of the Third Reich, pp. 1140-46). Here, then, is the legendary
6 million in miniature; not one million deaths, but one hundred thousand.
Of course, only a small proportion of these could have been Jewish partisans
and Communist functionaries. It is worth repeating that these casualties
were inflicted during savage partisan warfare on the Eastern front, and
that Soviet terrorists claim to have killed five times that number of German
troops. It has nevertheless remained a popular myth that the extermination
of the Jews began with the actions of the Einsatzgruppen in Russia. In
conclusion, we may briefly survey the Manstein trial itself, typical in
so many ways of Nuremberg proceedings. Principally because Action Group
D was attached to Manstein's command (though it was responsible solely
to Himmler), the sixty-two year old, invalid Field Marshal, considered
by most authorities to be the most brilliant German general of the war,
was subjected to the shameful indignity of a "war-crimes" trial. Of the
17 charges, 15 were brought by the Communist Russian Government and two
by the Communist Polish Government. Only one witness was called to give
evidence at this trial, and he proved so unsatisfactory that the prosecution
withdrew his evidence. Reliance was placed instead on 800 hearsay documents
which were accepted by the court without any proof of their authenticity
or authorship. The prosecution introduced written affidavits by Ohlendorf
and other S.S. Leaders, but since these men were still alive, Manstein's
defence.lawyer Reginald Paget K.C. demanded their appearance in the witness-box.
This was refused by the American authorities, and Paget declared that this
refusal was due to fear lest the condemned men revealed what methods had
been used to induce them to sign their affidavits. Manstein was eventually
acquitted on eight of the charges, including the two Polish ones which,
as Paget said, "were so flagrantly bogus that one was left wondering why
they had been presented at all."
THE OSWALD POHL TRIAL
The case of the Action Groups is
a revealing insight into the methods of the Nuremberg Trials and the fabrication
of the Myth of the Six Million. Another is the trial of Oswald Pohl in
1948, which is of great importance as it bears directly on the administration
of the concentration camp system. Pohl had been the chief disbursing officer
of the German Navy until 1934, when Himmler requested his transfer to the
S.S. For eleven years he was the principal administrative chief of the
entire S.S. in his position as head of the S.S. Economy and Administration
Office, which after 1941 was concerned with the industrial productivity
of the concentration camp system. A peak point of hypocrisy was reached
at the trial when. the prosecution said to Pohl that "had Germany rested
content with the exclusion of Jews from her own territory, with denying
them German citizenship, with excluding them from public office, or any
like domestic regulation, no other nation could have been heard to complain."
The truth is that Germany was bombarded with insults and economic sanctions
for doing precisely these things, and her internal measures against the
Jews were certainly a major cause of the declaration of war against Germany
by the democracies. Oswald Pohl was an extremely sensitive and intellectual
individual who was reduced to a broken man in the course of his trial.
As Senator McCarthy pointed out, Pohl had signed some incriminating statements
after being subjected to severe torture, including a bogus admission that
he had seen a gas chamber at Auschwitz in the summer of 1944. The prosecution
strenuously pressed this charge, but Pohl successfully repudiated it. The
aim of the prosecution was to depict this dejected man as a veritable fiend
in human shape, an impression hopelessly at variance with the testimony
of those who knew him . Such testimony was given by Heinrich Hoepker, an
anti- Nazi friend of Pohl's wife who came into frequent contact with him
during the period 1942-45. Hoepker noted that Pohl was essentially a serene
and mild-mannered person. During a visit to Pohl in the spring of 1944,
Hoepker was brought into contact with concentration camp inmates who were
working on a local project outside the camp area. He noted that the prisoners
worked in a leisurely manner and relaxed atmosphere without any pressure
from their guards. Hoepker declared that Pohl did not hold an emotional
attitude to the Jews, and did not object to his wife entertaining her Jewish
friend Annemarie Jacques at their home. By the beginning of 1945, Hoepker
was fully convinced that the administrator of the concentration camps was
a humane, conscientious and dedicated servant of his task, and he was astonished
when he heard later in 1945 of the accusations being made against Pohl
and his colleagues. Frau Pohl noted that her husband retained his serenity
in the face of adversity until March 1945, when he visited the camp at
Bergen- Belsen at the time of the typhus epidemic there. Hitherto the camp
had been a model of cleanliness and order, but the chaotic conditions at
the close of the war had reduced it to a state of extreme hardship. Pohl,
who was unable to alleviate conditions there because of the desperate pass
which the war had reached by that time, was deeply affected by the experience
and, according to his wife, never regained his former state of composure.
Dr. Alfred Seidl, the highly respected lawyer who acted as principal defence
counsel at the Nuremberg Trials, went to work passionately to secure the
acquittal of Pohl. Seidl had been a personal friend of the accused for
many years, and was thoroughly convinced of his innocence with respect
to the fraudulent charge of planned genocide against the Jews. The Allied
judgement which condemned Pohl did not prompt Seidl to change his opinion
in the slightest. He declared that the prosecution had failed to produce
a single piece of valid evidence against him. One of the most eloquent
defences of Oswald Pohl was made by S.S. Lieutenant Colonel Kurt Schmidt-Klevenow,
a legal officer in the S.S. Economy and Administration Office, in his affidavit
of August 8th, 1947. This affidavit has been deliberately omitted from
the published documents known as Trials of the War Criminals before the
Nuremberg Military Tribunals 1946 -1949. Schmidt-Klevenow pointed out that
Pohl had given his fullest support to Judge Konrad Morgen of the Reich
Criminal Police Office, whose job was to investigate irregularities at
the concentration camps. Later on we shall refer to a case in which Pohl
was in favour of the death penalty for camp commandant Koch, who was accused
by an S.S. court of misconduct. Schmidt- Klevenow explained that Pohl was
instrumental in arranging for local police chiefs to share in the jurisdiction
of concentration camps, and took personal initiative in securing strict
discipline on the part of camp personnel. In short, the evidence given
at the Pohl trial shows that the proceedings involved nothing less than
the deliberate defamation of a man's character in order to support the
propaganda legend of genocide against the Jews in the concentration camps
he administered.
FALSIFIED EVIDENCE AND FRAUDULENT
AFFIDAVITS
Spurious testimony at Nuremberg
which included extravagant statements in support of the myth of the Six
Million was invariably given by former German officers because of pressure,
either severe torture as in the cases cited previously, or the assurance
of leniency for themselves if they supplied the required statements. An
example of the latter was the testimony of S.S. General Erich von dem Bach-Zelewski.
He was threatened with execution himself because of his suppression of
the revolt by Polish partisans at Warsaw in August 1944, which he carried
out with his S.S. brigade of White Russians. He was therefore prepared
to be "co-operative". The evidence of Bach-Zelewski constituted the basis
of the testimony against the Reichsführer of the S.S. Heinrich Himmler
at the main Nuremberg Trial (Trial of the Major War Criminals, Vol. IV,
pp, 29, 36). In March 1941, on the eve of the invasion of Russia, Himmler
invited the Higher S.S. Leaders to his Castle at Wewelsburg for a conference,
including Bach-Zelewski who was an expert on partisan warfare. In his Nuremberg
evidence, he depicted Himmler speaking in grandiose terms at this conference
about the liquidation of peoples in Eastern Europe, but Goering, in the
courtroom, denounced Bach-Zelewski to his face for the falsity of this
testimony. An especially outrageous allegation concerned a supposed declaration
by Himmler that one of the aims of the Russian campaign was to "decimate
the Slav population by thirty millions." What Himmler really said is given
by his Chief of Staff, Wolff - that war in Russia was certain to result
in millions of dead (Manvell and Frankl, ibid. p. 117). Another brazen
falsehood was Bach-Zelewski's accusation that on August 31st, 1942 Himmler
personally witnessed the execution of one hundred Jews by an Einsatz detachment
at Minsk, causing him to nearly faint. It is known, however, that on this
date Himmler was in conference at his field headquarters at Zhitomir in
the Ukraine (cf K. Vowinckel, Die Wehrmacht im Kampf, vol. 4, p. 275).
Much is made of Bach-Zelewski's evidence in all the books on Himmler, especially
Willi Frischauer's Himmler: Evil Genius of the Third Reich (London, 1953,
p. 148 ff). However, in April 1959, Bach-Zelewski publicly repudiated his
Nuremberg testimony before a West German court. He admitted that his earlier
statements had not the slightest foundation in fact, and that he had made
them for the sake of expediency and his own survival. The German court,
after careful deliberation, accepted his retraction. Needless to say, what
Veale calls the "Iron Curtain of Discreet Silence" descended immediately
over these events. They have had no influence whatever on the books which
propagate the myth of the Six Million, and Bach-Zelewski's testimony on
Himmler is still taken at its face value. The truth concerning Himmler
is provided ironically by an anti-Nazi - Felix Kersten, his physician and
masseur. Because Kersten was opposed to the regime, he tends to support
the legend that the internment of Jews meant their extermination. But from
his close personal knowledge of Himmler he cannot help but tell the truth
concerning him, and in his Memoirs 1940-1945 (London, 1956, p. 119 ff)
he is emphatic in stating that Heinrich Himmler did not advocate liquidating
the Jews but favoured their emigration overseas. Neither does Kersten implicate
Hitler. However, the credibility of his anti-Nazi narrative is completely
shattered when, in search of an alternative villain, he declares that Dr.
Goebbels was the real advocate of "extermination". This nonsensical allegation
is amply disproved by the fact that Goebbels was still concerned with the
Madagascar project even after it had been temporarily shelved by the German
Foreign Office, as we showed earlier. So much for false evidence at Nuremberg.
Reference has also been made to the thousands of fraudulent "written affidavits"
which were accepted by the Nuremberg Court without any attempt to ascertain
the authenticity of their contents or even their authorship. These hearsay
documents, often of the most bizarre kind, were introduced as "evidence"
so long as they bore the required signature. A typical prosecution affidavit
contested by the defence in the Concentration Camp Trial of 1947 was that
of Alois Hoellriegel, a member of the camp personnel at Mauthausen in Austria.
This affidavit, which the defence proved was fabricated during Hoellriegel's
torture, had already been used to secure the conviction of S.S. General
Ernst Kaltenbrunner in 1946. It claimed that a mass gassing operation had
taken place at Mauthausen and that Hoellriegel had witnessed Kaltenbrunner
( the highest S.S. Leader in the Reich excepting Himmler) actually taking
part in it. By the time of the Concentration Camp Trial (Pohl's trial)
a year later, it had become impossible to sustain this piece of nonsense
when it was produced in court again. The defence not only demonstrated
that the affidavit was falsified, but showed that all deaths at Mauthausen
were systematically checked by the local police authorities. They were
also entered on a camp register, and particular embarrassment was caused
to the prosecution when the Mauthausen register, one of the few that survived,
was produced in evidence. The defence also obtained numerous affidavits
from former inmates of Mauthausen (a prison camp chiefly for criminals)
testifying to humane and orderly conditions there.
ALLIED ACCUSATIONS DISBELIEVED
There is no more eloquent testimony
to the tragedy and tyranny of Nuremberg than the pathetic astonishment
or outraged disbelief of the accused persons themselves at the grotesque
charges made against them. Such is reflected in the affidavit of S.S. Major-General
Heinz Fanslau, who visited most of the German concentration camps during
the last years of the war. AIthough a front line soldier of the Waffen
S.S., Fanslau had taken a great interest in concentration camp conditions,
and he was selected as a prime target by the Allies for the charge of conspiracy
to annihilate the Jews. It was argued, on the basis of his many contacts,
that he must have been fully involved. When it was first rumoured that
he would be tried and convicted, hundreds of affidavits were produced on
his behalf by camp inmates he had visited. When he read the full scope
of the indictment against the concentration camp personnel in supplementary
Nuremberg Trial No. 4 on May 6th, 1947, Fanslau declared in disbelief:
"This cannot be possible, because I, too, would have had to know something
about it." It should be emphasised that throughout the Nuremberg proceedings,
the German leaders on trial never believed for a moment the allegations
of the Allied prosecution. Hermann Goering, who was exposed to the full
brunt of the Nuremberg atrocity propaganda, failed to be convinced by it.
Hans Fritzsche, on trial as the highest functionary of Goebbels' Ministry,
relates that Goering, even after hearing the Ohlendorf affidavit on the
Einsatzgruppen and the Hoess testimony on Auschwitz, remained convinced
that the extermination of Jews was entirely propaganda fiction (The Sword
in the Scales, London, 1953, p. 145). At one point during the trial, Goering
declared rather cogently that the first time he had heard of it "was right
here in Nuremberg" (Shirer, ibid. p. 1147). The Jewish writers Poliakov,
Reitlinger and Manvell and Frankl all attempt to implicate Goering in this
supposed extermination, but Charles Bewley in his work Hermann Goering
(Goettingen, 1956) shows that not the slightest evidence was found at Nuremberg
to substantiate this charge. Hans Fritzsche pondered on the whole question
during the trials, and he concluded that there had certainly been no thorough
investigation of these monstrous charges. Fritzsche, who was acquitted,
was an associate of Goebbels and a skilled propagandist. He recognised
that the alleged massacre of the Jews was the main point of the indictment
against all defendants. Kaltenbrunner, who succeeded Heydrich as chief
of the Reich Security Head Office and was the main defendant for the S.S.
due to the death of Himmler, was no more convinced of the genocide charges
than was Goering. He confided to Fritzsche that the prosecution was scoring
apparent successes because of their technique of coercing witnesses and
suppressing evidence, which was precisely the accusation of Judges Wenersturm
and van Roden. |