6.3 Was there justice?

UNIT 6

Aftermath and legacy

Before the defeat of Nazi Germany, the wartime Allied powers agreed that there could be no negotiation with the Nazis and that defeated Germany would be divided into zones of military occupation (Soviet, British, French and American zones). They also agreed to destroy Nazi control and influence in Germany and punish those responsible for war crimes. This process was known as de-Nazification. When the war ended, the Nazi party was banned and Nazi symbols were removed from public places across all the occupation zones. The first trial of war criminals was held in Nuremberg, Germany, in 1945–46. The judges came from Great Britain, France, the Soviet Union and the United States of America. Of the 22 defendants, 19 were convicted and 10 of them were sentenced to death.

Between 1946 and 1949, there were 12 more trials in Nuremberg with a total of 199 German government officials, military leaders, SS, doctors, lawyers and industrialists brought to justice. A total of 161 were convicted.

Think about

Do you agree with the Nuremberg judges that ‘following orders’ does not excuse murder?

The Einsatzgruppen trial (1947–48)

One of the trials that took place in Nuremberg was the trial of 24 leaders of the SS mobile killing units (see page 51). The defendants admitted the crimes, but claimed that they were not responsible because they were only following orders from their superiors. They pleaded ‘not guilty’, but the court found them guilty and sentenced some to death, and others to imprisonment. The judges at the Nuremberg trials did not accept ‘following orders’ as an adequate defence for criminal acts.

The defendants sit in the dock at the Einsatzgruppen trial.

Was justice done?

Think about

The Holocaust was a European-wide event. It was made possible by the participation of millions of people. Was justice done? Was it possible to do justice for these crimes?

The Allied powers had a policy that all Germans held a moral responsibility for the crimes carried out by the Nazis and their collaborators. German civilians and soldiers were shown images and films of Nazi concentration camps (see Figure 6.8). German civilians who lived near concentration camps were forced to visit the sites to witness the conditions there. In some cases they were forced to bury bodies and to hand over some of their possessions to help former prisoners. Soon, however, the Allied powers decided to hand responsibility for de-Nazification to the Germans themselves. The Germans carried out some more trials, but very few people were convicted. According to historian Mary Fulbrook, 99 per cent of people who killed Jews were never brought to trial. Many returned to their homes and families. Many others escaped to countries outside Europe. Typically, perpetrators and collaborators from across Europe were never made to face responsibility for their actions. 6.3 Was there justice?

Figure 6.8 German prisoners of war, held in an American hospital, are forced to watch a film showing the terrible conditions in German concentration camps.

Source 6.9

The total number of persons convicted in the Federal Republic [of Germany] for Nazi crimes was in itself fewer even than the number employed at Auschwitz alone. Mary Fulbrook, Holocaust scholar

Think about

Although rare, trials of Nazi criminals have occurred recently. For example, in 2019, an SS guard named Bruno Dey was tried for his crimes. When the trial started, he was 93 years old. Some people believe that people as old as Bruno Dey should not be put on trial after all these years. For the survivors, a trial like Bruno’s is important. Why do you think these trials are important for them? What is your opinion on whether these trials should still take place?

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