The problem, of course, was that at Nuremberg people were tried on the basis of ex post facto law—law that did not exist at the time of their actions for which they were convicted.
Moreover, the sentence—death by hanging—was decided prior to the trial and prior to the selection of defendants.
Moreover, the defendants were chosen and then a case was made against them.
Exculpatory evidence was withheld. Charges on which defendants were convicted turned out to be untrue.
The trials were so loaded in favor of the prosecution that defense was pro forma.
The defendants were abused and some were tortured.
The defendants were encouraged to give false witness against one another, which for the most part the defendants refused to do, with Albert Speer being the willing one. His reward was a prison sentence rather than death.
The defendants’ wives and children were arrested and imprisoned.
President Franklin D. Roosevelt, General Eisenhower, and Winston Churchill thought that surviving Nazis should be shot without trial. Roosevelt laughed about liquidating 50,000 German military officers. Eisenhower told Lord Halifax that Nazi leaders should be shot while trying to escape, the common euphemism for murder. Russians spoke of castrating German men and breeding German women to annihilate the German race. US Treasury Secretary Henry Morgenthau wanted to reduce Germany to an agrarian society and send able-bodied Germans to Africa as slaves to work on “some big TVA project.”
The ex post facto law under which Germans were sentenced to death and to prison also criminalized the terror bombing of German and Japanese cities by the British and US air forces. Yet, the law was only applied to the Germans in the dock. In his book, Apocalypse 1945: The Destruction of Dresden (1995), Irving quotes US General George C. McDonald’s dissent from the directive to bomb civilian cities such as Dresden. Gen. McDonald characterized the directive as the “extermination of populations and the razing of cities,” war crimes under the Nuremberg standard.
There was a time in Anglo-American law when the improprieties of the Nuremberg trials would have resulted in the cases being thrown out of court and the defendants freed. Even under the ex post facto law and extra-judicial, extra-legal terms under which the defendants were tried, at least two of the condemned deserved to be cleared.
It is not clear why Admiral Donitz was sentenced to 10 years in prison. The chief American judge of the Tribunal, Francis Biddle, said: “It is, in my opinion, offensive to our concept of justice to punish a man for doing exactly what one has done himself.” “The Germans,” Biddle said, “fought a much cleaner war at sea than we did.“
Jodl, who countermanded many Nazi orders, was sentenced to death. The injustice of the sentence was made clear by a German court in 1953 which cleared Jodl of all Nuremberg charges and rehabilitated him posthumously. The French justice at the Nuremberg Tribunal said at the time that Jodl’s conviction was without merit and was a miscarriage of justice.
The entire Nuremberg proceeding stinks to high heaven. Defendants were charged with aggression for the German invasion of Norway. The fact was kept out of the trial that the British were about to invade Norway themselves and that the Germans, being more efficient, learned of it and managed to invade first.
Defendants were accused of using slave labor, paradoxical in view of the Soviets own practice. Moreover, while the trials were in process the Soviets were apparently gathering up able-bodied Germans to serve as slave labor to rebuild their war-torn economy.
Defendants were accused of mass executions despite the fact that the Russians, who were part of the prosecution and judgment of the defendants, had executed 15,000 or 20,000 Polish officers and buried them in a mass grave. Indeed, the Russians insisted on blaming the Germans on trial for the Katyn Forest Massacre.
Defendants were accused of aggression against Poland, and Ribbentrop was not permitted to mention in his defense the Molotov-Ribbentrop Pact that divided Poland between Germany and the Soviet Union, without which Germany could not have attacked Poland. The fact that the Soviets, who were sitting at Nuremberg in judgment on the Germans, had themselves invaded Poland was kept out of the proceedings.
Moreover, without the gratuitous British “guarantee” to Poland, the Polish military dictatorship would likely have agreed to return territories stripped from Germany by the Versailles Treaty and the invasion would have been avoided.
The greatest hypocrisy was the charge of aggression against Germany when the fact of the matter is that World War 2 began when the British and French declared war on Germany. Germany conquered France and drove the British from the European Continent after the British and French started the war with a declaration of war against Germany.
More at: http://www.paulcraigroberts.org/2017...-at-nuremberg/
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Originally Posted by Raginfridus
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