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The trials were conducted under their own rules of evidence; the tu quoque defense was removed[citation needed]. The Charter of the International Military Tribunal permitted the use of normally inadmissible "evidence". Article 19 specified that "The Tribunal shall not be bound by technical rules of evidence ... and shall admit any evidence which it deems to have probative value". Article 21 of the Nuremberg International Military Tribunal (IMT) Charter stipulated: The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. It shall also take judicial notice of official governmental documents and reports of the United [Allied] Nations, including acts and documents of the committees set up in the various allied countries for the investigation of war crimes, and the records and findings of military and other Tribunals of any of the United [Allied] Nations.
Chief Justice of the United States Supreme Court Harlan Fiske Stone called the Nuremberg trials a fraud. "(Chief U.S. prosecutor) Jackson is away conducting his high-grade lynching party in Nuremberg," he wrote. "I don't mind what he does to the Nazis, but I hate to see the pretense that he is running a court and proceeding according to common law. This is a little too sanctimonious a fraud to meet my old-fashioned ideas."[67] Jackson, in a letter discussing the weaknesses of the trial, in October 1945 told U.S. President Harry S. Truman that the Allies themselves "have done or are doing some of the very things we are prosecuting the Germans for. The French are so violating the Geneva Convention in the treatment of prisoners of war that our command is taking back prisoners sent to them. We are prosecuting plunder and our Allies are practicing it. We say aggressive war is a crime and one of our allies asserts sovereignty over the Baltic States based on no title except conquest
Associate Supreme Court Justice William O. Douglas charged that the Allies were guilty of "substituting power for principle" at Nuremberg. "I thought at the time and still think that the Nuremberg trials were unprincipled," he wrote. "Law was created ex post facto to suit the passion and clamor of the time."
The trials were conducted under their own rules of evidence; the tu quoque defense was removed[citation needed]. The Charter of the International Military Tribunal permitted the use of normally inadmissible "evidence". Article 19 specified that "The Tribunal shall not be bound by technical rules of evidence ... and shall admit any evidence which it deems to have probative value". Article 21 of the Nuremberg International Military Tribunal (IMT) Charter stipulated: The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. It shall also take judicial notice of official governmental documents and reports of the United [Allied] Nations, including acts and documents of the committees set up in the various allied countries for the investigation of war crimes, and the records and findings of military and other Tribunals of any of the United [Allied] Nations.
The chief Soviet prosecutor submitted false documentation in an attempt to indict defendants for the murder of thousands of Polish officers in the Katyn forest near Smolensk. However, the other Allied prosecutors refused to support the indictment and German lawyers promised to mount an embarrassing defense. No one was charged or found guilty at Nuremberg for the Katyn Forest massacre.[76] In 1990, the Soviet government acknowledged that the Katyn massacre was carried out, not by the Germans, but by the Soviet secret police.
Luise, the wife of Alfred Jodl, attached herself to her husband's defense team. Subsequently interviewed by Gitta Sereny, researching her biography of Albert Speer, Luise alleged that in many instances the Allied prosecution made charges against Jodl based on documents that they refused to share with the defense. Jodl nevertheless proved some of the charges made against him were untrue, such as the charge that he helped Hitler gain control of Germany in 1933. He was in one instance aided by a GI clerk who chose to give Luise a document showing that the execution of a group of British commandos in Norway had been legitimate. The GI warned Luise that if she didn't copy it immediately she would never see it again.
MALBOSIA
The Nuremberg Trials were a sham all together.
Any historical knowledge gained from these trials should be struck from the record of every text book and encyclopedia. Any historian that bases any fact off those trials is nothing more than a fictional story teller.
rupertg
I'm 100% sure if you were a Nazi soldier that didn't follow the orders given
I truly doubt you'd be court-martialed with severnce pay.
You would be shot dead and added to the pile.
KilgoreTrout
MALBOSIA
The Nuremberg Trials were a sham all together.
Any historical knowledge gained from these trials should be struck from the record of every text book and encyclopedia. Any historian that bases any fact off those trials is nothing more than a fictional story teller.
I agree with the first statement, not necessarily with the second. While the evidence presented may not have been legitimate to a court of law, or in this case a military tribunal, it is still valid for the sake of the historical record. Much of the evidence against the Generals and Party hierarchy was obtained via secret recordings, evidence which is still not admissible in a court of law, but has validity to anyone studying the dynamics and inter-personal relationships of the Nazi leadership. Much of the evidence wasn't presented openly to the court because of deals struck between Nazi and German personnel to provide evidence in exchange for lighter sentences, information exchange, or as we know from Operation Paperclip and the such like, for immunity altogether if they had such expertise as could be used by the Allies. Both the US and the UK made such deals. Also, much evidence was kept from the public eye because the planning for the Cold War was already underway, and they did not want to share said information with the Soviets. All of this is of huge interest to the historian, but clearly, it should be viewed in the understanding, and in demonstration, that the Nuremberg Trials were not a display of justice.
MALBOSIA
I am tryimg to figure out a way to respond to that witout going
to far off task which we both are already.
To answer more with the OP... I think for the sake of documenting
the facts, detailing the defeat of - Arguably - the biggest
moster the world has ever seen, a degree of evil was levied against
the charged war criminals, that could summon a state of compliance
within the accused.
MALBOSIA
That being said; KilgorTrout, because of the nature of the
trials and the lack of visable due process, how can any historical
fact be drawn from this?
Prisoner60863
Following orders should never be used as excuse.
rupertg
I'm 100% sure if you were a Nazi soldier that didn't follow the orders given
I truly doubt you'd be court-martialed with severnce pay.
You would be shot dead and added to the pile.
KilgoreTrout
There is absolutely no evidence that this was the case.
Those who refused to partake in mass murder were invariably removed to other duties.
Most death squads were comprised of volunteers anyway.
There are notable cases of orders being disobeyed or simply ignored, but largely, they were so indoctrinated, and loyal to their commanders, that they acted without question.
If the General communicated the orders, they were carried out. Those instances where they were ignored or disobeyed, it was on the part of the General concerned. Rommel and Guderian being the most notable examples, but there were others.
Aazadan
The real takeaway from Nuremburg is that the most evil men in history were just ordinary people doing their jobs.
They committed horrible acts on other people just to save a buck, or bring some extra money in, or to have the privilege of being able to do the same thing the day after. They just moved through their lives carrying out orders just like everyone else does every single day throughout history.
Keep this in mind the next time you're doing whatever it is you do for a living and you put someone else in a worse circumstance for your own benefit, or you shop at Walmart to save some money, or you criticize a whistleblower for breaking rank.
The lesson of Nuremburg is that people have a responsibility to think through their personal actions and weigh them against what their society is doing.
StellarX
Everything i have read suggests the opposite; German soldiers by en large did not like shooting defenseless civilians\soldiers any more than anyone else did and despite the fact that these execution units were already largely composed of 'troublemakers' of various stripes their commanders complained bitterly about the adverse effects this was having on morale. The reason there was less and less people involved in the executions and murders was mostly because even in Germany there were not a large mass of people who could carry out these acts without abrupt or eventual adverse mental consequence.
StellarX
It is the other way round. As far as my reading goes initially it was expected that the armies had to somehow 'take care' of such duties but it was quickly noticed that they could not be expected to and the existing special groups would have to be greatly enlarged to do the things the old guard generals just did not want to get involved in. Suffice to say that the men in these units did not want to be there and normally got the duty because of disciplinary or similar reasons in their regular units. Obviously under these conditions some adapted and learned to 'like' it just as we can see from the torture and murder scandals in other ( abu ghraib comes readily too mid even thought it happened on a very small scale) armed forces.
StellarX
You must be joking? Volunteers? Death squads? SOURCE!
StellarX
Blatantly inaccurate. Hundreds of thousands of German soldiers were during the course executed for refusing to follow orders. By the end of the war and based on relative strengths the percentages of soldiers the SU and Nazi Germany executed were quite similar; both sides expected total compliance and unless you knew the correct people you had every right to fear your own regime as much as the other one.
Germans who refused to participate in atrocities were generally not punished, but risked peer, social, and sometimes professional exclusion or disadvantage. They could request other duties, such as guard duty or crowd control. There is no reliable evidence that German soldiers or police officials were killed for refusing to kill civilians. Non-Germans serving as auxiliaries and refusing to carry out direct orders to kill could be subject to discipline, dismissal, imprisonment, or even death.
StellarX
Yes, they were carried out and those who commanders and generals who did not succeed, or could explain failure, were demoted or removed from the command structure or in the case of the infantry shot as soon as the tide of war turned against them.
The German armed forces were certainly not a liberal organization but to suggest that the NSDAP managed to turn a large, or even significant, proportion of the German population/armed forces into happy executioners in the five years before the war is a gross misstatement of reality. The armed forces Hitler started the war with was barely equipped for the ground war it had to fight and while loyalty pledges were made the vast majority of Germans, as with people from every other place, fought because they were compelled to do so or because they were led to believe that were under attack and had to respond.
KilgoreTrout
MALBOSIA
The Nuremberg Trials were a sham all together.
Any historical knowledge gained from these trials should be struck from the record of every text book and encyclopedia. Any historian that bases any fact off those trials is nothing more than a fictional story teller.
I agree with the first statement, not necessarily with the second. While the evidence presented may not have been legitimate to a court of law, or in this case a military tribunal, it is still valid for the sake of the historical record. Much of the evidence against the Generals and Party hierarchy was obtained via secret recordings, evidence which is still not admissible in a court of law, but has validity to anyone studying the dynamics and inter-personal relationships of the Nazi leadership. Much of the evidence wasn't presented openly to the court because of deals struck between Nazi and German personnel to provide evidence in exchange for lighter sentences, information exchange, or as we know from Operation Paperclip and the such like, for immunity altogether if they had such expertise as could be used by the Allies. Both the US and the UK made such deals. Also, much evidence was kept from the public eye because the planning for the Cold War was already underway, and they did not want to share said information with the Soviets. All of this is of huge interest to the historian, but clearly, it should be viewed in the understanding, and in demonstration, that the Nuremberg Trials were not a display of justice.