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The Einsatzgruppen Trials

 

Military Tribunal II

Case No. 9
 

The "Einsatzgruppen Case" was officially designated United States of America vs. Otto Ohlendorf, et al. (Case No. 9). This trial has become known as the "Einsatzgruppen Case" because all of the defendants were charged with criminal conduct arising out of their functions as members of the Einsatzgruppen.

 

Otto Ohlendorf in custody

The German term "Einsatzgruppen" may be roughly translated "Special Task Forces". Four such special units were formed in May 1941 just before the German attack on Russia, at the direction of Hitler and Heinrich Himmler, the Reich Leader SS, and Chief of the German Police.

 

The units were organized by Reinhardt Heydrich, Chief of the Security Police and SD (Sicherheitsdienst or Security Service) and operated under the direct control on the Reich Security Main Office (RSHA). The personnel of the Einsatzgruppen came from the SS, the SD, the Gestapo (Secret State Police), and other police units.

 

The prosecution alleged that the primary purpose of the Einsatzgruppen was to accompany the German Army into the occupied East and to exterminate Jews, gypsies, Soviet officials, and other elements of the civilian population regarded as "racially" inferior or "Politically undesirable". It was charged that approximately one million human beings were victims of this program.

 

The Einsatzgruppen Case was tried at the Palace of Justice in Nuremberg before Military Tribunal II-A. The Tribunal convened 78 times, and the trial lasted approximately eight months, as shown by the following scheduled:

 
Indictment filed 3 July 1947
Amended indictment filed 29 July 1947
Arraignment 15-22 September 1947
Prosecution opening statement 29 September 1947
Defense opening statement 6 October 1947
Prosecution closing statement 13 February 1948
Defense closing statement 4-12 February 1948
Judgment 8-9 February 1948
Sentence 10 April 1948
Affirmation of sentences by Military Governor
of the United States Zone of Occupation
10 April 1948

Defendants and Defense Counsel

Defendants
Defense Counsel
Assistant Defense Counsel
OHLENDORF, OTTO ASCHENAUER, DR. RUDOLF OEHLRICH, DR. KONRAD
JOST, HEINZ SCHWARZ, ALFRED WIESSMATH, PAUL
NAUMANN, ERICH GAWLIK, DR. HANS KLINNERT, DR. GERHARD
RASCH, OTTO SURHOLT, DR. HANS  
SCHULTZ, ERWIN DURCHHOLZ, ERNST MUELLER, DR. HERMANN
SIX, FRANZ ULMER, HERMANN VOELKL, DR. KONRAD
BLOBEL, PAUL HEIM, DR. WILLI KOHR, LUDWIG
BLUME, WALTER LUMMERT, DR. GUENTHER BLUME, RUDOLF
SANDBERGER, MARTIN VON STEIN, DR. BOLKO MANDRY, DR. KURT
SEIBERT, WILLY KLINNERT, DR. GERHARD KLUG, HEINRICH
STEIMLE, EUGEN MAYER, DR. ERICH LEIS, DR. FERDINAND
BIBERSTEIN, ERNST BERGOLD, DR. FRIEDRICH FICHT, OSKAR
BRAUNE, WERNER MAYER, DR. ERICH LEIS, DR. FERDINAND
HAENSCH, WALTER RIEDIGER, DR. FRITZ KRAUSE, MAX
NOSSKE, GUSTAV HOFFMAN, DR. KARL  
OTT, ADOLF KOESSL, JOSEF MEYER, DR. RUDOLF
STRAUCH, EDUARD GICK, DR. KARL JAEGER, DR. KARL
KLINGELHOEFER, WALDEMAR MAYER, DR. ERICH LEIS, DR. FERDINAND
FENDLER, LOTHAR FRITZ, DR. HANS LEHMANN, DR. GABRIELE
VON RADETZKY, WALDEMAR RATZ, DR. PAUL RENTSCH, HEINRICH
RUEHL, FELIX LINK, HEINRICH HELM, DR. KURT
SCHUBERT, HEINZ KOESSL, JOSEF MEYER, RUDOLF
GRAF, MATHIAS BELZER, DR. EDUARD MAYER, JOSEPH

 

 

The indictments against the defendants were declared by

Telford Taylor Brigadier General, U.S. Army,  Chief of Counsel for War Crimes

 

 

Count One - Crimes Against Humanity

 

Between May 1941 and July 1943 all of the defendants herein committed crimes against humanity, as defined in Article II of Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations or groups connected with, atrocities and offenses, including but not limited to, persecutions on political racial, and religious grounds, murder, extermination, imprisonment, and other inhumane acts committed against civilian populations, including German nationals and nationals of other countries.

 

The acts, conduct, plans, and enterprises charged in paragraph I of this count were carried out as part of a systematic program of genocide, aimed at the destruction of foreign nationals and ethnic groups by murderous extermination.

 

Mass grave of murdered Jews

Beginning in May 1941, on the orders of Himmler, special task forces called "Einsatzgruppen" were formed from the personnel of the SS, the SD, the Gestapo, and other police units.

 

 The primary purpose of these groups was to accompany the German Army into the eastern territories, and exterminate Jews gypsies, Soviet officials, and other elements of the civilian population regarded as racially "inferior" or "politically undesirable."

 

Initially four Einsatzgruppen were formed, each of which supervised the operation of a number of subordinate units called "Einsatzkommandos" or "Sonderkommandos."

 

Some Einsatzgruppen had, in addition, other units for special purposes. Each Einsatzgruppe, together with its subordinate units consisted of about 500 to 800 persons. Einsatzgruppe A, operating mainly in the Baltic region, included Sonderkommandos la and lb and Einsatzkommandos 2 and 3. Einsatzgruppe B, operating mainly in the area towards Moscow, included Sonderkommandos 7a and 7b, Einsatzkommandos 8 and 9, and special units named Vorkommando Moscow (also known as Sonderkommando 7e) and Trupp Smolensk.

 

Einsatzgruppe C, operating mainly in the area towardi Kiev, included Sonderkommandos 4a and 4b and Einsatzkommandos 5 and 6. Einsatzgruppe D, operating mainly in the area of southern Russia, included Sonderkommandos 10a and 10b andEinsatzkommandos 11a, 11b, and 12.

 

 

Count Two - War Crimes

 

Paul Blobel in custody

Between 22 June 1941 and July 1943 all of the defendants herein committed war crimes as defined in Article 11 of Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations or groups connected with, atrocities and offenses against persons and property constituting violations of the laws or customs of war, including, but not limited to, murder and ill- treatment of prisoners of war and civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by Germany, and wanton destruction and devastation not justified by military necessity. The particulars concerning these crimes are set forth in paragraphs 6 to 9, inclusive, of count one of this indictment and are incorporated herein by reference.

 

The acts and conduct of the defendants set forth in this count were committed unlawfully, willfully, and knowingly and constitute violations of international conventions, particularly of Articles 43 and 46 of the Regulations of the Hague Convention No. IV, 1907, the Prisoner-of-War Convention (Geneva, 1929), the laws and customs of war, the general principles of criminal law as derived from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were committed, and Article 11 of Control Council Law No.

 

Count Three - Members in Criminal Organizations

 

All the defendants herein are charged with membership, subsequent to 1 September 1939, in organizations declared to be criminal by the International Military Tribunal and paragraph I (d) of Article 11 of Control Council Law No. 10.

 

(A) All the defendants were members of the Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the "SS").

 

(B) The defendants Ohlendorf, Jost, Naumann, Rasch, Six Blobel, Blume, Sandberger, Seibert, Steimle, Biberstein, Braune Haensch, Ott, Strauch, Haussmann, Klingelhoefer, Fendler, voi Radetzky, Schubert, and Graf were members of offices (Aemterl) III, VI, and VII of the Reich Security Main Office (Reichssicherheitshauptamt - RSHA) constituting the Reich Security Service of the Reich Leader SS (Reichssicherheitsdienst des Reichs fuehrer SS), commonly known as the "SD".

 

(C) The defendants Rasch, Schulz, Blume, Braune, Biberstein, Nosske, and Ruehl were members of Amt IV of the Reichs sicherheitshauptamt - RSHA constituting the Secret State Police (Geheime Staatspolizei), commonly known as the "Gestapo".

 

Wherefore, this indictment is filed with the Secretary General of the Military Tribunals and the charges herein made against the above-named defendants are hereby presented to the Military Tribunals.

 

Defendents Plea

 

All defendants were charged on all counts. All defendants pleaded "not guilty". The tribunal found all of them guilty on all counts, except Rühl and Graf, who were found guilty only on count 3.

Verdicts and Sentencing

 

Defendent Function Sentence 1951 Amnesty
Otto Ohlendorf SS Gruppenführer; member of the SD; commanding officer of Einsatzgruppe D Death by hanging executed June 7, 1951
Heinz Jost SS Brigadeführer; member of the SD; commanding officer of Einsatzgruppe A Lifetime imprisonment commuted to 10 years
Erich Naumann SS Brigadeführer; member of the SD; commanding officer of Einsatzgruppe B Death by hanging executed June 7, 1951
Otto Rasch SS Brigadeführer; member of the SD and the Gestapo; commanding officer of Einsatzgruppe C Removed from the trial on February 5, 1948 due to medical reasons  
Erwin Schulz SS Brigadeführer; member of the Gestapo; commanding officer of Einsatzkommando 5 of Einsatzgruppe C 20 years commuted to 15 years
Franz Six SS Brigadeführer; member of the SD; commanding officer of Vorkommando Moscow of Einsatzgruppe B 20 years commuted to 15 years
Paul Blobel SS Standartenführer; member of the SD; commanding officer of Sonderkommando 4a of Einsatzgruppe C Death by hanging executed June 7, 1951
Walter Blume SS Standartenführer; member of the SD and the Gestapo; commanding officer of Sonderkommando 7a of Einsatzgruppe B Death by hanging commuted to 25 years
Martin Sandberger SS Standartenführer; member of the SD; commanding officer of Sonderkommando 1a of Einsatzgruppe A Death by hanging commuted to lifetime imprisonment
Willy Seibert SS Standartenführer; member of the SD; Deputy Chief of Einsatzgruppe D Death by hanging commuted to 15 years
Eugen Steimle SS Standartenführer; member of the SD; commanding officer of Sonderkommando 7a of Einsatzgruppe B and of Sonderkommando 4a of Einsatzgruppe C Death by hanging commuted to 20 years
Ernst Biberstein SS Obersturmbannführer; member of the SD; commanding officer of Einsatzkommando 6 of Einsatzgruppe C Death by hanging commuted to lifetime imprisonment
Werner Braune SS Obersturmbannführer; member of the SD and the Gestapo;commanding officer of Sonderkommando 11b of Einsatzgruppe D Death by hanging executed June 7, 1951
Walter Hänsch SS Obersturmbannführer; member of the SD; commanding officer of Sonderkommando 4b of Einsatzgruppe C Death by hanging commuted to 15 years
Gustav Nosske SS Obersturmbannführer; member of the Gestapo; commanding officer of Einsatzkommando 12 of Einsatzgruppe D Lifetime imprisonment commuted to 10 years
Adolf Ott SS Obersturmbannführer; member of the SD; commanding officer of Sonderkommando 7b of Einsatzgruppe B Death by hanging commuted to lifetime imprisonment
Eduard Strauch SS Obersturmbannführer; member of the SD; commanding officer of Einsatzkommando 2 of Einsatzgruppe A Death by hanging; handed over to Belgian authorities; died in hospital.  
Emil Haussmann SS Sturmbannführer; member of the SD; officer of Einsatzkommando 12 of Einsatzgruppe D Committed suicide before the arraignment on July 31, 1947  
Waldemar Klingelhöfer SS Sturmbannführer; member of the SD; officer of Sonderkommando 7b of Einsatzgruppe B Death by hanging commuted to lifetime imprisonment
Lothar Fendler SS Sturmbannführer; member of the SD; Deputy chief of Sonderkommando 4b of Einsatzgruppe C 10 years; reduced to 8 years commuted to 8 years
Waldemar von Radetzky SS Sturmbannführer; member of the SD; Deputy chief of Sonderkommando 4a of Einsatzgruppe C 20 years released
Felix Rühl SS Hauptsturmführer; member of the Gestapo; officer of Sonderkommando 10b of Einsatzgruppe D 10 years released
Heinz Schubert SS Obersturmführer; member of the SD; officer in Einsatzgruppe D Death by hanging commuted to 10 years
Mathias Graf SS Untersturmführer; member of the SD; officer in Einsatzkommando 6 of Einsatzgruppe D Time already served

 

 

Shocked and sickened by the evidence which he heard, Justice Musmanno who presided over the trial wrote:

One reads and reads these accounts of which here we can give only a few excerpts and yet there remains the instinct to disbelieve, to question, to doubt. There is less of a mental barrier in accepting the weirdest stories of supernatural phenomena, as for instance, water running up hill and trees with roots reaching toward the sky, than in taking at face value these narratives which go beyond the frontiers of human cruelty and savagery. Only the fact that the reports from which we have quoted came from the pens of men within the accused organizations can the human mind be assured that all this actually happened. The reports and the statements of the defendants themselves verify what otherwise would be dismissed as the product of a disordered imagination.

Judgment of the Tribunal, p. 50.

 


 

Sources:

 

Trials of War Criminals Before the Nuremberg Military Tribunals Under Control Council Law No. 10, Volume IV, Washington, D.C.: U.S. Government Printing Office. pp. 3 - 4

Perpetrators, Victims, Bystanders by Raul Hilberg

The Einsatzgruppen Reports: Selections from the Dispatches of the Nazi Death Squads' Campaign Against the Jews July 1941-January 1943 Arad & Krakowski

NARA

USHMM

 

 

Copyright. CL H.E.A.R.T 2007

 

 

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