Jackson got his chance, perhaps because Joseph Stalin vetoed execution without trial. First a show trial, Stalin said, to demonstrate their guilt so that we do not make martyrs out of Nazis.
Whom to select for the list of 21-22 persons to be charged? Well, whom did the allies have in custody? Not all those they desired. They had Reichsmarschall Herman GÃ ¶ring who headed the air force. Whatever the valid charges against GÃ ¶ring, they were not considered to be mitigated by the fact that under GÃ ¶ring the German air force was mainly used against enemy formations on the battleground and not, like the US and British air forces in saturation terror bombing of civilian cities, such as Dresden, Tokyo, Hiroshima, and Nagasaki, or by the fact that in Hitler's final days, Hitler removed GÃ ¶ring from all his positions, expelled him from the party, and ordered his arrest.
The Nuremberg trials are paradoxical in that the law Jackson intended to establish applied to every country, not to Germany alone. 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.
They had foreign minister Ribbentrop. They had field marshalls Keitel and Jodl and the grand-admirals Raeder and DÃ ¶nitz. They had a German banker, who was saved from sentencing by the intervention of the Bank of England. They had a journalist. They had Rudolf Hess who had been in a British prison since 1941 when he went to Britain on a peace mission to end the war. They wanted an industrialist, but Krupp was too old and ill. He was devoid of the persona of a foreboding evil. You can read the list in Irving's book.
GÃ ¶ring knew from the beginning that the trial was a hoax and that his death sentence had already been decided. He had the means (a poison capsule) throughout his imprisonment to commit suicide, thus depriving his captors of their planned humiliation of him. Instead, he held the Germans together, and they stood their ground. Possessed of a high IQ, time and again he made fools of his captors. He made such a fool of Robert Jackson during his trial that the entire court burst out in laughter. Jackson never lived down being bested in the courtroom by GÃ ¶ring.
And GÃ ¶ring wasn't through with making his captors look foolish and incompetent. He, the field marshals and grand admiral requested that they be given a military execution by firing squad, but the pettiness of the Tribunal wanted them hung like dogs. GÃ ¶ring told his captors that he would allow them to shoot him, but not hang him, and a few minutes before he was to be marched to the gallows before the assembled press and cameras he took the poison capsule, throwing the execution propaganda show into chaos. To this injury he added insult leaving the prison commandant, US Col. Andrus a note telling him that he had had three capsules. One he had left for the Americans to find, thus causing them to think his means of escaping them had been removed. One he had taken minutes prior to his show execution, and he described where to find the third. He had easily defeated the continuous and thorough inspections inflicted upon him from fear that he would commit suicide and escape their intended propaganda use of his execution.
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.
Irving's book is, of course, politically incorrect. However, he lists in the introduction the voluminous files on which the book is based: Robert Jackson's official papers and Oral History, Francis Biddle's private papers and diaries, Col. Andrus' papers, Adm. Raeder's prison diary, Rudolf Hess' prison diary, interrogations of the prisoners, interviews with defense counsel, prosecutors, interrogators, and letters from the prisoners to their wives. All of this and more Irving has made available on microfilms for researchers. He compared magnetic tape copies of the original wire-recordings of the trial with the mimeographed and published transcripts to insure that spoken and published words were the same.
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