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Friday, November 21, 2025

Racial policy of Nazi Germany

From Wikipedia, the free encyclopedia
Eva Justin of the Racial Hygiene and Demographic Biology Research Unit measuring the skull of a Romani womahttps://en.wikipedia.org/wiki/Racial_policy_of_Nazi_Germany

The racial policy of Nazi Germany was a set of policies and laws implemented in Nazi Germany under the dictatorship of Adolf Hitler, based on pseudoscientific and racist doctrines asserting the superiority of the putative "Aryan race", which claimed scientific legitimacy. This was combined with a eugenics program that aimed for "racial hygiene" by compulsory sterilization and extermination of those whom they saw as Untermenschen ("sub-humans"), which culminated in the Holocaust.

Nazi policies labeled centuries-long residents in German territory who were not ethnic Germans such as Jews (which in Nazi racial theory were emphasized as a Semitic people of Levantine origins), Romani (an Indo-Aryan people originating from the Indian subcontinent), along with the vast majority of Slavs (mainly ethnic Poles, Serbs, Ukrainians, Russians, Belarusians, etc.), and most non-Europeans as inferior non-Aryan subhumans (under the Nazi appropriation of the term "Aryan") in a racial hierarchy that placed the Herrenvolk ("master race") of the Volksgemeinschaft ("people's community") at the top.

The racial policy of the Nazi Party and the German state was organized through the State of Racial Policy, which published circulars and directives to relevant administrative organs, newspapers, and educational institutes.

Historical origins of Nazi racial theories and policies

Adolf Hitler himself along with other members of the Nazi Party in the Weimar Republic (1918–1933) were greatly influenced by several 19th- and early 20th-century thinkers and proponents of philosophical, onto-epistemic, and theoretical perspectives on ecological anthropology, scientific racism, holistic science, and organicism regarding the constitution of complex systems and the theorization of organic-racial societies. In particular, one of the most significant ideological influences on the Nazis was the 19th-century German nationalist philosopher Johann Gottlieb Fichte, whose works had served as an inspiration to Hitler and other Nazi Party members, and whose ideas were implemented among the philosophical and ideological foundations of Nazi-oriented Völkisch nationalism.

Basis of Nazi policies and the constitution of the Aryan Master Race

Bruno Beger conducting anthropometric studies in Sikkim

The Aryan master race conceived by Adolf Hitler and the other Nazis graded humans on a scale of pure Aryans to non-Aryans (who were viewed as subhumans). At the top of the scale of pure Aryans were Nordic-type Germans and other Nordic-Aryan Germanic and Northern European peoples, including the Dutch, Scandinavians, and the EnglishLatins were held to be somewhat inferior, but were tolerated; and the French were thought to have a suitable admixture of Germanic blood.

The feeling that Germans were the Aryan Herrenvolk (Aryan master race) was widely spread among the German public through Nazi propaganda and among Nazi officials throughout the ranks, in particular when the Reichskommissar of Ukraine Erich Koch said:

We are a master race, which must remember that the lowliest German worker is racially and biologically a thousand times more valuable than the population here.

— Erich Koch, 5 March 1943

The Nazis considered the Slavs as Non-Aryan Untermenschen ("sub-humans") who were to be enslaved and exterminated by Germans. In countries where these people lived, there were according to Nazis small groups of non-Slavic German descendants. These people underwent a "racial selection" process to determine whether or not they were "racially valuable", if the individual passed they would be re-Germanised and forcefully taken from their families in order to be raised as Germans. This secret plan Generalplan Ost ("Master Plan East") aimed at expulsion, enslavement and extermination of most Slavic people. Nazi policy towards them changed during World War II as a pragmatic means to resolve military manpower shortages: they were allowed, with certain restrictions, to serve in the Waffen-SS, in spite of being considered subhumans. Nazi propaganda portrayed people in Eastern Europe with an Asiatic appearance to be the result of intermingling between the native Slavic populations and Asiatic or Mongolian races as sub-humans dominated by the Jews with the help of Bolshevism. At the bottom of the racial scale of non-Aryans were Jews, ethnic Poles, ethnic Serbs and other Slavic people, Romani, and black people. The Nazis originally sought to rid the German state of Jews and Romani by means of deportation (and later extermination), while black people were to be segregated and eventually eliminated through compulsory sterilization.

Volkisch theorists believed that Germany's Teutonic ancestors had spread out from Germany throughout Europe. Of the Germanic tribes that spread through Europe, the theorists identified that the Burgundians, Franks, and Western Goths joined with the Gauls to make France; the Lombards moved south and joined with the Italians; the Jutes made Denmark; the Angles and Saxons made England; the Flemings made Belgium; and other tribes made the Netherlands.

Nazi racial beliefs of the superiority of an Aryan master race arose from earlier proponents of a supremacist conception of race such as the French novelist and diplomat Arthur de Gobineau, who published a four-volume work titled An Essay on the Inequality of the Human Races (translated into German in 1897). Gobineau proposed that the Aryan race was superior, and urged the preservation of its cultural and racial purity. Gobineau later came to use and reserve the term Aryan only for the "German race" and described the Aryans as 'la race germanique'. By doing so he presented a racist theory in which Aryans—that is Germans—were all that was positive. Houston Stewart Chamberlain's work The Foundations of the Nineteenth Century (1900), one of the first to combine Social Darwinism with antisemitism, describes history as a struggle for survival between the Germanic peoples and the Jews, whom he characterized as an inferior and dangerous group. The two-volume book Foundations of Human Hereditary Teaching and Racial Hygiene (1920–21) by Eugen Fischer, Erwin Baur, and Fritz Lenz, used pseudoscientific studies to conclude that the Germans were superior to the Jews intellectually and physically, and recommended eugenics as a solution. Madison Grant's work The Passing of the Great Race (1916) advocated Nordicism and proposed using a eugenic program to preserve the Nordic race. After reading the book, Hitler called it "my Bible".

Racist author and Nordic supremacist Hans F. K. Günther, who influenced Nazi ideology, wrote in his "Race Lore of German People" (Rassenkunde des deutschen Volkes) about the danger of "Slavic blood of Eastern race" mixing with the German and combined virulent nationalism with Antisemitism. Günther became an epitome of corrupt and politicized pseudo-science in post-war Germany. Among the topics of his research were attempts to prove that Jews had an unpleasant "hereditary smell". While one of the most prominent Nazi writers, Günther still was not considered the most "cutting edge" by Nazis.

Propaganda for Nazi Germany's T-4 Euthanasia Program: "This person suffering from hereditary defects costs the community 60,000 ℛ︁ℳ︁ during his lifetime. Fellow German, that is your money, too." from the Office of Racial Policy's Neues Volk.

The July 1933 Law for the Prevention of Hereditarily Diseased Offspring—written by Ernst Rüdin and other theorists of "racial hygiene"—established "Genetic Health Courts" which decided on compulsory sterilization of "any person suffering from a hereditary disease." These included, for the Nazis, those suffering from "Congenital Mental Deficiency", schizophrenia, "Manic-Depressive Insanity", "Hereditary Epilepsy", "Hereditary Chorea" (Huntington's), Hereditary Blindness, Hereditary Deafness, "any severe hereditary deformity", as well as "any person suffering from severe alcoholism". Further modifications of the law enforced sterilization of the "Rhineland bastards" (children of mixed German and African parentage).

The Nazi Party wanted to increase birthrates of those who were classified as racially elite. When the Party gained power in 1933, one of their first actions was to pass the Law for the Encouragement of Marriage. This law stated that all newly married couples of the Aryan race could receive a government loan. This loan was not simply paid back, rather a portion of it would be forgiven after the birth of each child. The purpose of this law was very clear and simple: to encourage newlyweds to have as many children as they could, so that the Aryan population would grow.

Racial policies regarding the Jews, 1933–1939

Public reading of Julius Streicher's anti-Semitic newspaper Der Stürmer, Worms, Germany, 1935

Approximately 525,000 Jews were living in Germany in 1933 (0.75% of the entire German population). Discrimination against Jews began immediately after the national seizure of power in 1933. The Nazi Party used populist antisemitic views to gain votes. Using the "stab-in-the-back legend", they blamed poverty, the hyperinflation in the Weimar Republic, unemployment, and the loss of World War I and surrender by the "November Criminals" all on the Jews and "cultural Bolsheviks", the latter considered to be in a conspiracy with the Jews. German woes were attributed to the effects of the Treaty of Versailles. In 1933, persecution of the Jews became active Nazi policy. This was at first hindered by the lack of agreement on who qualified as a Jew as opposed to an Aryan; this caused legislators to balk at an antisemitic law for its ill-defined terms. Bernhard Lösener described it as "total chaos", with local authorities regarding anything from full Jewish background to 18 Jewish blood as defining a Jew; Achim Gercke urged 116 Jewish blood. Those of mixed descent (Mischlinge) were especially problematic in their eyes. The first antisemitic law was promulgated with no clear definition of a Jew. Finally, the criterion was set at three or four Jewish grandparents; two or one rendered a person a Mischling.

On April 1, 1933, the Nazi boycott of Jewish businesses was observed throughout Germany. Only six days later, the Law for the Restoration of the Professional Civil Service was passed, banning Jews from government jobs. It is notable that the proponents of this law, and the several thousand more that were to follow, most frequently explained them as necessary to prevent the infiltration of damaging, "alien-type" (Artfremd) hereditary traits into the German national or racial community (Volksgemeinschaft). These laws meant that Jews were now indirectly and directly dissuaded or banned from privileged and superior positions reserved for "Aryan Germans". From then on, Jews were forced to work in more menial positions, becoming second-class citizens or to the point that they were "illegally residing" in Nazi Germany.

In the early years of Nazi rule, there were efforts to secure the elimination of Jews by expulsion; later, a more explicit commitment was made to extermination. On August 25, 1933, the Nazis signed the Haavara Agreement with Zionists to allow German Jews to emigrate to Palestine in exchange for a portion of their economic assets. The agreement offered a way to leave an increasingly hostile environment in Nazi Germany; by 1939, 60,000 German Jews (about 10% of the Jewish population) had emigrated there. Thereafter, Nazi policy eventually changed to one of total extermination. Nazi doctrine culminated in the Holocaust, or so-called "Final Solution", which was made official at the January 1942 Wannsee Conference.

Nuremberg Laws

1935 Chart from Nazi Germany used to explain the Nuremberg Laws. The Nuremberg Laws of 1935 employed a pseudo-scientific basis for racial discrimination against Jews. People with four German grandparents (white circles) were of "German blood", while people were classified as Jews if they were descended from three or more Jewish grandparents (black circles in top row right). Either one or two Jewish grandparents made someone a Mischling (of mixed blood). The Nazis used the religious observance of a person's grandparents to determine their race.

Between 1935 and 1936, persecution of the Jews increased apace while the process of "Gleichschaltung" (lit.'standardisation', the process by which the Nazis achieved complete control over German society) was implemented. In May 1935, Jews were forbidden to join the Wehrmacht (the armed forces), and in the summer of the same year, anti-Semitic propaganda appeared in shops and restaurants. The Nuremberg Laws were passed around the time of the great Nazi rallies at Nuremberg; on September 15, 1935, the "Law for the Protection of German Blood and Honor" was passed. At first this criminalized sexual relations and marriage only between Germans and Jews, as well as the employment of German women by Jews. The law was later extended to "Gypsies, Negroes and their bastard offspring"; it became punishable by law as Rassenschande or racial pollution. After this, the "Reich Citizenship Law" was passed, and was reinforced in November by a decree; it included only people of "German or related blood", which meant that all Jews were stripped of their citizenship and their official title became "subjects of the state". This meant that they were deprived of basic citizens' rights, e.g. the right to vote. This removal of citizens' rights was instrumental in the process of anti-semitic persecution: the process of denaturalization allowed the Nazis to exclude—de jure—Jews from the "Volksgemeinschaft" ("national community"), thus granting judicial legitimacy to their persecution and opening the way to harsher laws and, eventually, extermination of the Jews. Philosopher Hannah Arendt pointed out this important judicial aspect of the Holocaust in The Origins of Totalitarianism (1951), where she demonstrated that to violate human rights, Nazi Germany first deprived human beings of their citizenship. Arendt underlined that in the Declaration of the Rights of Man and of the Citizen, citizens' rights actually preceded human rights, as the latter needed the protection of a determinate state to be actually respected.

The drafting of the Nuremberg Laws has often been attributed to Hans Globke. Globke co-authored several aspects of the laws, such as the ordinance which legally required Jews with non-Jewish names to take on the additional first names Israel or Sara, along with the official legal commentary on the Reich Citizenship Law.

Jewish prisoners are issued food on a building site at Salaspils concentration camp, Latvia, in 1941.

In 1936, Jews were banned from all professional jobs, effectively preventing them from having any influence in education, politics, higher education, and industry. There was now nothing to stop the anti-Jewish actions that spread across the German economy.

Between 1937 and 1938, new laws were implemented, and the segregation of Jews from the "German Aryan" population was completed. In particular, Jews were punished financially for being Jewish.

From March 1, 1938, government contracts could not be awarded to Jewish businesses. On September 30, "Aryan" doctors could only treat "Aryan" patients. Provision of medical care to Jews was already hampered because Jews were banned from being doctors.

On August 17, Jews with first names of non-Jewish origin were legally required to add "Israel" (males) or "Sara" (females) to their names, and a large letter "J" was to be printed on their passports on October 5. On November 15, Jewish children were banned from going to state-run schools. By April 1939, nearly all Jewish companies had either collapsed under financial pressure and declining profits, or been persuaded to sell out to the government, further reducing their rights as human beings; they were, in many ways, effectively separated from the German populace.

The increasingly totalitarian regime that Hitler imposed on Germany allowed him to control the actions of the military. On November 7, 1938, a young Polish Jew named Herschel Grynszpan attacked and shot German diplomat Ernst vom Rath in the German embassy in Paris. Grynszpan's family, together with more than 12,000 Polish-born Jews, had been expelled by the Nazi government from Germany to Poland in the so-called "Polenaktion" on October 28, 1938. Joseph Goebbels ordered retaliation. On the night of November 9, the SS and SA conducted "the Night of Broken Glass" ("Kristallnacht"), in which at least 91 Jews were killed and a further 30,000 arrested and incarcerated in Nazi concentration camps. After the start of the war, and the conquest of numerous European countries, the Jewish population was put into ghettos, from which they were shipped to death camps where they were murdered.

Jewish responses to the Nuremberg Laws

Gymnastics lesson in a Berlin Jewish school, 1936

After the promulgation of the Nuremberg Laws, the Reichsvertretung der Deutschen Juden (Representation of the German Jews) announced the following:

The Laws decided upon by the Reichstag in Nuremberg have come as the heaviest of blows for the Jews in Germany. But they must create a basis on which a tolerable relationship becomes possible between the German and the Jewish people. The "Reichsvertretung der Deutschen Juden" is willing to contribute to this end with all its powers. A precondition for such a tolerable relationship is the hope that the Jews and Jewish communities of Germany will be enabled to keep a moral and economic means of existence by the halting of defamation and boycott.

The organization of the life of the Jews in Germany requires governmental recognition of an autonomous Jewish leadership. The Reichsvertretung der Juden in Deutschland is the agency competent to undertake this.

The most urgent tasks for the "Reichsvertretung", which it will press energetically and with full commitment, following the avenues it has previously taken, are:

Our own Jewish educational system must serve to prepare the youth to be upright Jews, secure in their faith, who will draw the strength to face the onerous demands which life will make on them from conscious solidarity with the Jewish community, from work for the Jewish present and faith in the Jewish future. In addition to transmitting knowledge, the Jewish schools must also serve in the systematic preparation for future occupations. With regard to preparation for emigration, particularly to Palestine, emphasis will be placed on guidance toward manual work and the study of the Hebrew language. The education and vocational training of girls must be directed to preparing them to carry out their responsibilities as upholders of the family and mothers of the next generation.

Influence of American segregationist laws

The Nazis had already barred Jews from having a role in Germany society as Lawyers, Civil Servants and Teachers with the 1933 Law for the Restoration of the Professional Civil Service and led a systemic boycott of Jewish businesses (in addition to expulsion or exclusion from other professions, or the right to own stocks) before the 1935 Nuremberg Laws were proposed but were looking for a means of codifying in a legal sense the exclusion of Jews (and other "non-Aryan" minorities) from both citizenship of the Reich, and therefore strip fundamental protections from the population.

James Q. Whitman, Professor of Law at Yale University, stated in his book "Hitler’s American Model: The United States and the Making of Nazi Race Law" that both historic US precedence and Jim Crow Era laws were openly discussed by Nazi party officials and lawyers as examples of how to legislate for racial segregation and against miscegenation that ultimately resulted in the Nuremberg Laws and the stripping of citizenship from German Jews with the Reich Citizenship Law.

Sinti and Roma

Sinti and Roma about to be deported from the German town of Asperg, 22 May 1940

Nazi Germany began persecution of the Romani as early as 1936 when they began to transfer the people to municipal internment camps on the outskirts of cities, a prelude to the deportation of 23,000 Gypsies to concentration camps. "Pure-blooded" Gypsies were considered by the Nazis to be Aryan. Roughly ten percent of Gypsies were considered to be racially pure.

Heinrich Himmler suggested creating a "Gypsy Law" to separate Gypsies from the German people:

The aim of measures taken by the State to defend the homogeneity of the German nation must be the physical separation of Gypsydom from the German nation, the prevention of miscegenation, and finally, the regulation of the way of life of pure and part-Gypsies. The necessary legal foundation can only be created through a Gypsy Law, which prevents further intermingling of blood, and which regulates all the most pressing questions which go together with the existences of Gypsies in the living space of the German nation.

However, although many laws during Nazi Germany persecuted the Gypsies, a specific "Gypsy Law", although talked about often, was never enacted by the Nazis.

Afro-Germans

A young Rhinelander who was classified as a bastard and hereditarily unfit under the Nazi regime

In Mein Kampf, Hitler described children resulting from marriages to African occupation soldiers as a contamination of the Aryan race "by Negro blood on the Rhine in the heart of Europe." He thought that "Jews were responsible for bringing Negroes into the Rhineland, with the ultimate idea of bastardizing the white race which they hate and thus lowering its cultural and political level so that the Jew might dominate." He also implied that this was a plot on the part of the French, saying the population of France was being increasingly "negrified".

Eugen Fischer in 1934

The number of black people in Germany when the Nazis came to power is variously estimated at 5,000 to 25,000. According to the United States Holocaust Memorial Museum; "While there was no centralized, systematic program targeting Black people in Germany for murder, many were imprisoned, forcibly sterilized, and murdered by the Nazis. An unknown number of them, perhaps hundreds, were killed."

Prior to Hitler coming to power, black entertainers were popular in Germany, but the Nazis banned jazz as "corrupt negro music".

Of particular concern to the Nazi scientist Eugen Fischer were the "Rhineland Bastards": mixed-race offspring of Senegalese soldiers who had been stationed in the Rhineland as part of the French army of occupation. He believed that these people should be sterilized in order to protect the racial purity of the German population. At least 400 mixed-race children were forcibly sterilized in the Rhineland by 1938. This order only applied in the Rhineland. Other African Germans were unaffected. Despite this policy, there was never any systematic attempt to eliminate the black population in Germany, though some black people were used in medical experiments, and others mysteriously disappeared.

According to Susan Samples, the Nazis went to great lengths to conceal their sterilization and abortion program in the Rhineland. Hans Massaquoi describes his experience as a half-African in Hamburg, unaware of the Rhineland sterilizations until long after the war. Samples also points to the paradoxical fact that African-Germans actually had a better chance of surviving the war than the average German. They were excluded from military activity because of their non-Aryan status, but were not considered a threat and so were unlikely to be incarcerated. Samples and Massaquoi also note that African-Germans were not subjected to the segregation they would have experienced in the United States, nor excluded from facilities such as expensive hotels. However, they both state that downed black American pilots were more likely to become victims of violence and murder from German citizens than white pilots.

In March 1941 Deputy Führer Rudolf Hess and Reichsführer-SS Heinrich Himmler visit an exhibition of proposed rural German settlements within occupied Eastern Europe.

Policies regarding Poles, Russians, and other Slavs

As early as 1925, Hitler suggested in Mein Kampf that the German people needed Lebensraum ("living space") to achieve German expansion eastwards (Drang nach Osten) at the expense of the "inferior Slavs". Hitler believed that "the organization of a Russian state formation was not the result of the political abilities of the Slavs in Russia, but only a wonderful example of the state-forming efficacity of the German element in an inferior race."

After the invasion of the Soviet Union, Hitler expressed his future plans for the Slavs:

As for the ridiculous hundred million Slavs, we will mould the best of them as we see fit, and we will isolate the rest of them in their own pig-styes; and anyone who talks about cherishing the local inhabitants and civilising them, goes straight off into a concentration camp!

Nazi ideology viewed the Slavic peoples as non-Aryan Untermenschen ("sub-humans"), who were targeted for enslavement, expulsion and extermination. The racial status of Slavs during the Third Reich was inconsistent over time. Hitler viewed the Slavs as "a mass of born slaves who feel the need of a master". Nazi propaganda portrayed the Germanic peoples as "heroes" in contrast to the Jewish and Slavic "sub-humans". Nazi propaganda depicted Eastern Europe as racially mixed "Asiatic" that was dominated by the Jews with the aid of Bolshevism. The Nazis considered some people in Eastern Europe to be suitable for Germanization (they were presumed to be of German descent); if they were considered racially valuable they were to be re-Germanized and forcefully taken from their families to Germany and raised as Germans.

The final version of Generalplan Ost, essentially a grand plan for ethnic cleansing, was divided into two parts: the Kleine Planung ("Small Plan"), which covered actions which were to be taken during the war, and the Grosse Planung ("Big Plan"), which covered actions to be undertaken after the war was won (to be carried into effect gradually over a period of 25–30 years). The Small Plan was to be put into practice as the Germans conquered the areas to the east of their pre-war borders. The individual stages of this plan would then be worked out in greater detail. In this way, the plan for Poland was drawn up at the end of November 1939.

Mass expulsion of Poles in 1939 as part of the German ethnic cleansing of western Poland annexed to the Reich

The plan envisaged removal of the majority of the population of conquered counties, with very small and varied percentages of the various conquered nations undergoing Germanisation, expulsion into the depths of Russia, and other fates, the net effect of which would be to ensure that the conquered territories would be Germanized. Himmler declared during the Germanization process that no drop of German blood would be lost or left behind to mingle with any "alien races". The Wehrbauer ("soldier-peasants") would settle in a fortified line to prevent civilization arising beyond and threatening Germany.

Cover of the racist propaganda brochure "Der Untermensch" published and distributed by SS in 1942. The Nazi propaganda pamphlet depicted Russians, Jews and various inhabitants of Eastern Europe as "subhumans".

The Nazis issued the Polish decrees on 8 March 1940 which regulated the working and living conditions of Polish laborers (Zivilarbeiter) used during World War II in Germany. The decrees set out that any Pole "who has sexual relations with a German man or woman, or approaches them in any other improper manner, will be punished by death." The Gestapo were extremely vigilant about sexual relations between Germans and Poles and pursued any case relentlessly where this was suspected. There were similar regulations used against the other ethnic groups brought in from Eastern Europe, including the death penalty for sexual relations with a German person. During the war, hundreds of Polish and Russian men were executed for their relations with German women.

Heinrich Himmler, in his secret memorandum "Reflections on the Treatment of Peoples of Alien Races in the East" dated 25 May 1940, expressed his own thoughts and the future plans for the populations in the East. Himmler stated that it was in the German interest to discover as many ethnic groups in the East and splinter them as much as possible, find and select racially valuable children to be sent to Germany to assimilate them and restrict non-Germans in the General Government and conquered territories to four-grade elementary school which would only teach them how to write their own name, to count up to 500 and to obey Germans. Himmler believed the Germanization process in Eastern Europe would be complete when "in the East dwell only men with truly German, Germanic blood".

After the launch of Operation Barbarossa in 1941, Nazi Germany officially described the military invasion as a "European crusade against Bolshevism" in the international arena. On the other hand, Nazi propaganda targeting domestic audiences vigorously depicted the war against Soviet Union as a racial struggle of Aryans against "Jewish and Slavic untermenschen" to annihilate "Judeo-Bolsheivism". Reich Security Main Office (RSHM) proliferated conspiratorial, racist propaganda themes that identified "Jewishness with Bolshevism" and vilifiied Slavs as "untermenschen". These tropes were key elements of Nazi ideology and propaganda throughout World War II.

Other "non-Aryans"

Volunteer freiwillige troops of the Turkestan Legion in France, 1943

Though the laws primarily targeted Jews, other "non-Aryan" people were subject to the laws, and to other legislation concerned with racial hygiene. The term "Aryan" was never fully defined—it was too imprecise and ambiguous; a number of judicial and executive decisions made attempts over time to clarify the concept. Outside of Europe, North African Arabs were by definition non-Aryan because of their "African origins", but according to Alfred Rosenberg's racial theories (The Myth of the Twentieth Century), some of the Berbers, particularly the Kabyles and the Rif, were to be classified as Aryans. The Nazis portrayed Swedes, the Afrikaners – who are white European descendants of Dutch-speaking Boers in South Africa – and higher-degree Northern/Western Europeans of South America (mainly from Uruguay, Brazil and Argentina) as ideal "Aryans" along with the German-speaking peoples of Greater Germany and Switzerland (the country was neutral during the war). The Roma (Gypsies), who, while considered originally Aryan, were deemed a threat to the Aryan race because of their racial mingling.

Iranians

Beginning in 1933, Nazi leadership made efforts to increase their influence in Iran, and they financed and managed a racist journal, Iran-e Bastan, co-edited by a pro-Nazi Iranian, Abdulrahman Saif Azad. This and other chauvinistic publications in the 1930s were popular among Iranian elites, as they "highlighted the past and the pre-Islamic glories of the Persian nation and blamed the supposedly 'savage Arabs and Turks' for the backwardness of Iran." The Nazis advocated the common Aryan ancestry of Iranians and Germans. As a result, in 1936 the Reich Cabinet issued a special decree exempting Iranians from any restrictions to the Nuremberg Racial Laws on the grounds that they were "pure" Aryans. Various pro-Nazi publications, lectures, speeches, and ceremonies, also drew parallels between Reza Shah, Hitler, and Mussolini to emphasize the charismatic resemblance among these leaders.

Nazi ideology was most common among Persian officials, elites, and intellectuals, but "even some members of non-Persian groups were eager to identify themselves with the Nazis" and a supposed Aryan race. In 1934, the Nazis celebrated the Ferdowsi millennial celebration in Berlin, in which the Nazi government declared that the German and Persian people share membership in a common Indo-Germanic race. Hitler declared Iran to be an "Aryan country"; the changing of Persia's international name to Iran in 1935 was done by the Shah at the suggestion of the German ambassador to Iran as an act of "Aryan solidarity". Even in 1939, Germany provided Iran with the so-called German Scientific Library. The library contained over 7,500 books selected "to convince Iranian readers... of the kinship between the National Socialist Reich and the Aryan culture of Iran".

In 1936, the Nazi Office of Racial Politics, in response to a question from the German Foreign Ministry, classified non-Jewish Turks as Europeans, but "left unanswered the question of how to think about the obviously non-European Arabs, Persians, and Muslims." Later that year, ahead of the Summer Olympic Games in Berlin, the Nazis responded to questions from the Egyptians by saying that the Nuremberg racial laws did not apply to them, and after the Iranian ambassador to Berlin "assured German officials that 'there was no doubt that the Iranian, as an Aryan,' was 'racially kindred (artverwandt) with the Germans," the German Foreign Ministry "assured the Iranian Embassy in Berlin that the correct distinction between was not between "Aryans and non-Aryans" but rather between "persons of German and related blood on one hand and Jews as well as racially alien on the other." Iranians were classified as "pure-blooded Aryans" and thus were excluded from the Nuremberg Laws. Following the passage of the Nuremberg Laws in 1935, the Expert Advisor for Population and Racial Policy redefined "Aryan" as someone who is "tribally" related to "German blood". Therefore, the official declaration by the Nazi state of Iranians being Aryans effectively rendered them as being "of kindred blood" to the Germans.

Turks and Turkics

Turks

In 1935, a half-Turkish half-German man named "Johannes Ruppert" was forced to leave the Hitler Youth, due to the belief that as the son of a Turkish man he was not a full Aryan as required by the Reich Citizenship Law. Ruppert sought assistance from the Turkish Embassy in Berlin to clarify how “the Aryan question” affected his case. The Turkish Embassy brought the matter to the attention of the German Foreign Ministry. In a note of December 20, 1935, a Foreign Ministry official wrote that "opening up the Aryan question in relation to Turkey is extraordinarily undesirable as well as dangerous for our relations with Turkey". However, in January 1936, Foreign Ministry wrote a memo to the Nazi Party Office of Racial Policy, writing that it was "essential that determination of whether the Turks are Aryan be decided as soon as possible", so that the Foreign Ministry could give "a satisfactory answer" to the Turkish Embassy's repeated questions about the issue, since there had been individual cases, that is, others in addition to Ruppert, in which "German citizens with Turkish mixed-blood had run into difficulties with the state and the [Nazi] Party due to their origins". The classification of Turks as "non-Aryans", in keeping with Nazi racial theories, led to foreign policy complications, because the Nazis considered the Turkish government as a potential ally. Consequently, the racial theories had to be "modified" to some degree in accordance with foreign policy requirements. On April 30, 1936, Nazi Office for Racial Policy released a circular which stated that the Turks were "Europeans" while explaining that Turkish citizens of Jewish background would still be considered Jews and Turks of "colored origin" would be considered non-European. Some Turkish and international newspapers, such as the Swiss Le Temps and the Turkish Republique, reported at the time that the Turks had been recognized as an "Aryan nation" and that they were exempt from the Nuremberg laws. Turkish newspaper Akşam published an article with the headline "The Turks are Aryans!". Such reports were picked up by other international newspapers, as well as by some modern scholarship, however the claim that the Turks had been recognized as an "Aryan nation" and that they were exempt from the Nuremberg laws was a hoax. Nazi officials themselves disputed these reports by publishing a press release which stated that they were unfounded. The Nazis classified some Turks as "European" and not as "Aryans" and the decision had no practical consequences. In addition, this decision was designed to appease Turkey from a foreign policy standpoint, although, from a racial standpoint, Nazi officials did not believe that the Turks were neither European nor Aryan.

In May 1942, a writer in the official journal of the Nazi Office for Racial Policy, Neues Volk, replied to a father's question caused by his daughter's relationship with a Turkish man, about whether racial differences between Germans and Turks meant that a marriage should not take place. The reply read:

A marriage or similar connection between your daughter with a Turk is out of the question. A Near Eastern blood element [Bluteinschlag] predominates among the Turks, among whom, alongside Oriental and Western racial components, mongoloid racial elements also enter. The Near Eastern and Oriental races are alien [artfremde] races. The same is true of the mongoloid [Mongolide] races. Moreover, in such cases, even when such racial considerations are not present, marriages of German young women with foreigners are not desirable. If your daughter does not want to listen to you, she faces the danger of being placed in protective custody. We emphatically point out to you and to your daughter the serious consequences of this behavior, one that obviously does not possess the slightest feeling for the honor of the Volk [nicht das geringste völkische Ehregefühl besitzt].

Although the Nazi leadership agreed with the content of the reply, they criticized the journal for publishing it, because, in a foreign policy point of view, it was really clumsy ("denkbar ungeschickt") to publish before defeating the British in Middle East. For example, Franz von Papen, the German ambassador to Turkey, informed the German Foreign Ministry that the publication of this text "has serious foreign policy considerations". He noted that such statements could aid "our Anglo-Saxon opponents" in their "propaganda against us" and asked the Office of Racial Politics not to publish such things in the future. On May 16, 1942, Franz Rademacher, director of the Office of Jewish Affairs in the German Foreign Ministry, wrote to Walter Gross, the founder and editor of the magazine, that he "had no objection to the content of the information from a racial-political viewpoint but that it was "from a foreign policy standpoint, really clumsy” and "a political blunder" that would have "embarrassing and awkward foreign policy implications". Nazi officials sought to prevent miscegenation between Turks and Germans and, if necessary, sought to imprison or deport the "offending" Turkish man.

Crimean Karaites

The Crimean Karaites, Turkic speakers following Karaite Judaism, managed to get a declaration from the Reich Agency for the Investigation of Families that they were not to be considered of Jewish religion and their racial classification should be done individually. However, not every Nazi officer or soldier were aware of the official position and a small number Karaites were murdered by German troops in Russia, as if they were Jews. The majority of the Karaites fared much better than the Turkic-speaking Jews, the Krymchaks.

Norwegians

In Norway, the Nazis favored and promoted children between Germans and Norwegians, in an attempt to raise the birth rate of Nordic Aryans. Around 10,000–12,000 war children (Krigsbarn) were born from these unions during the war. Some of them were separated from their mothers and cared for in so-called "Lebensborn" clinics ("Fountain of Life" clinics).

Finno-Ugrics

The Finns had a debatable position in the Nazi racial policies, as they were considered a part of the "Eastern Mongol race" with the Sámi people in traditional racial hierarchies. Finland did not have Lebensborn centres, unlike Norway, although Finland had tens of thousands of German soldiers in the country. Archival research however has found out that 26 Finnish women were in contact with the Lebensborn program for unspecified reasons.

In 1941 Nazi Germany established the Reichskommissariat Ostland to administer the conquered territories of the Baltic region. The colonial department in Berlin under Minister Alfred Rosenberg (born in Tallinn in 1893) looked on Estonians favorably as Finno-Ugrics and thus as "Aryans", Generalkommissar Karl-Siegmund Litzmann authorized a Landeseigene Verwaltung, or local national administration. As Germany invaded the Soviet Union in June 1941, Finland participated in the invasion primarily to recover the territories it was forced to cede to the USSR after the Moscow Peace Treaty which ended the Winter War between the Finns and the Soviets. Owing to Finland's substantial military contribution on the northern flank of the Eastern Front of World War II, Hitler decreed in November 1942 that "from now on Finland and the Finnish people be treated and designated as a Nordic state and a Nordic people", which he considered one of the highest compliments that the Nazi government could bestow upon another country. Hitler stated in private conversation that:

After their first conflict with the Russians, the Finns applied to me, proposing that their country should become a German protectorate. I don't regret having rejected this offer. As a matter of fact, the heroic attitude of this people, which has spent a hundred of the six hundred years of its history in fighting, deserves the greatest respect. It is infinitely better to have this people of heroes as allies than to incorporate it in the Germanic Reich—which, in any case, would not fail to provoke complications in the long run. The Finns cover one of our flanks, Turkey covers the other. That's an ideal solution for me as far as our political protective system is concerned.

East Asians

Republic of China ambassador Hsiang-hsi Kung traveled to Nazi Germany in 1937 and was warmly received by Adolf Hitler, Hermann Göring and Hjalmar Schacht.
A memorial plaque on Schmuckstraße in Hamburg provides a brief history of the Chinese quarters in St. Pauli and its destruction by the Gestapo in 1944.
Adolf Hitler meeting with Empire of Japan ambassador Hiroshi Ōshima

In Mein Kampf, Hitler expressed his praise for the Japanese's acceptance of Western civilization and his rejection of the assimilation of Chinese into Germany:

The foundation of actual life is no longer the special Japanese culture, although it determines the color of life-because outwardly, in consequence of its inner difference, it is more conspicuous to the European-but the gigantic scientific-technical achievements of Europe and America; that is, of Aryan peoples. Only on the basis of these achievements can the Orient follow general human progress. They furnish the basis of the struggle for daily bread, create weapons and implements for it, and only the outward form is gradually adapted to Japanese character.

What they mostly meant by Germanization was a process of forcing other people to speak the German language. But it is almost inconceivable how such a mistake could be made as to think that a Negro or a Chinaman will become a German because he has learned the German language and is willing to speak German for the future, and even to cast his vote for a German political party.

The need to maintain working relations with Japan and China forced the Nazis to back off from some of their previous racial rhetoric. In his "Political Testament" of 1945, Hitler claimed that "I have never regarded the Chinese or the Japanese as being inferior to ourselves. They belong to ancient civilisations, and I admit freely that their past history is superior to our own. They have the right to be proud of their past, just as we have the right to be proud of the civilisation to which we belong." Since 1926, Germany had supported the Republic of China militarily and industrially. Germany had also sent advisers such as Alexander von Falkenhausen and Hans von Seeckt to assist the Chinese, most notably in the Chinese Civil War and China's anti-communist campaigns. Max Bauer was sent to China and served as one of Chiang Kai-shek's advisers. Around this time, Hsiang-hsi Kung, the Republic of China Minister of Finance, visited Nazi Germany and was warmly welcomed by Hitler on June 13, 1937. During this meeting, Hitler, Hermann Göring, and Hjalmar Schacht bestowed upon Kung an honorary doctorate degree, and attempted to open China's market to German exports. In order to attract more Chinese students to study in Germany, Hitler, Göring, and Schacht earmarked for 100,000 reichsmarks for Chinese students studying in the universities and military academies of Nazi Germany after they persuaded a German industrialist to set aside the money for that purpose. Moreover, Kung, in favor of commercial credits, politely refused a generous international loan offer by Adolf Hitler. The most famous of these Nazi-trained Chinese officers was Chiang Wei-kuo, the son of Republic of China President Chiang Kai-shek, who studied military strategy and tactics at a Kriegsschule in Munich, and subsequently achieved the rank of lieutenant and served as an officer in the Wehrmacht on active combat duty in Europe until his return to the Republic of China during the later years of World War II. In fact, in the early days, the Nazis did not persecute the Chinese and allowed the Chinese to go to Germany to study or become military officers. This was because China did not become a warring country with Germany, and the countries still maintained normal exchanges, and the two sides had trade and military cooperation. And Germany can obtain cheap raw materials from China. However, during World War II, after China joined the Allies, Nazi Germany also oppressed and harmed the Chinese living in Germany. The Gestapo launched the Chinesenaktion (China action) on May 13, 1944. 129 Chinese citizens were arrested, of which at least 17 Chinese died from Gestapo shooting or forced labor.

Due to Nazi Germany's recognition of Japanese as "Aryans of the East" Hitler had allowed Japanese soldiers to study in Nazi German military academies and serve in the Nazi German Wehrmacht as part of their combat training. Hitler had supported the Empire of Japan as early as 1904, when during the Russo-Japanese War it had defeated the Russians, which he considered a defeat for Austro-Slavism. He made a number of other statements expressing his respect and admiration for the Japanese in his book Mein Kampf.

Although of a separate and different evolutionary race, the Imperial Japanese were considered by Nazi ideologists such as Himmler as having sufficiently superior qualities as did German-Nordic blood to warrant an alliance. Himmler, who possessed a great interest in, and was influenced by, the anthropology, philosophies and pantheistic religions of East Asia, mentioned how his friend Hiroshi Ōshima, the Japanese Ambassador to Germany, believed that the noble castes in Japan, the daimyo and the samurai, were descended from gods of celestial origin, which was similar to Himmler's own belief that "the Nordic race did not evolve, but came directly down from heaven to settle on the Atlantic continent."

Initially, the Japanese were still subject to Germany's racial laws, which – with the exception of the 1935 Nuremberg Laws that specifically mentioned Jews – generally applied to all "non-Aryans". However, since Japanese were given "Aryans of the East" status, these racial laws were applied to them in a lenient manner as compared to other "non-Aryans" who were not granted "Aryan" status by Adolf Hitler. The Nazi German government began enacting the laws after taking power in 1933, and the Japanese government initially protested several racial incidents involving Japanese or Japanese-Germans that year which were then resolved by the Nazi high command by treating their Japanese allies leniently in these disputes. Especially after the collapse of Sino-German cooperation and Chinese declaration of war on Germany, Chinese nationals faced prosecution in Germany. Influential Nazi anti-Semite Johann von Leers favored excluding Japanese from the laws due both to the alleged Japanese-Aryan racial link and to improve diplomatic relations with Japan. The Foreign Ministry agreed with von Leers and sought several times between 1934 and 1937 to change the laws, but other government agencies, including the Racial Policy Office, opposed the change.

Then in October 1933, German Foreign Minister Konstantin von Neurath issued an exemption to and Japanese from the racial laws. Additionally, in April 1935 another Nazi decree stated that racial discrimination cases involving Aryans of the East (aka. Japanese) that might jeopardize German diplomatic relations—i.e., Japanese—would be dealt with individually. Decisions on some cases sometimes took years, with those affected unable to obtain jobs or interracially marry, primarily because the German government preferred as much as possible to avoid giving exemptions. The German government often exempted more German-Japanese than it preferred in order to avoid a repeat of the 1933 controversies, and in 1934 it prohibited the German press from discussing the race laws when Japanese were involved to avoid any diplomatic problems with China or Japan.

Germanization between 1939 and 1945

Nazi policy stressed the superiority of the Nordic race, a sub-race of the white European population defined by the measurement of the size and proportions of the human body models of racial difference. From 1940 the Nazi authorities in the General Government (occupied Poland) divided the population into different groups. Each group had different rights, food rations, allowed strips in the cities, separated residential areas, special schooling systems, public transportation and restricted restaurants. Later adapted in all Nazi-occupied countries by 1942, the Germanization program used the racial caste system of reserving certain rights to one group and barred privileges to another. Ethnic Poles were believed by Hitler to be "biologically inferior race" that could never be educated or elevated through Germanization. In 1940, Hitler approved of a plan regarding the Germanization of the Protectorate of Bohemia and Moravia, he estimated around half of the Czech population were suitable for Germanization but made clear that the "mongoloid" types and Czech intelligentsia were not allowed to be Germanized.

During the occupation of Poland, the Nazi government kidnapped children with Nordic racial characteristics. Those classified as "racially valuable" were sent from to the German Reich to be adopted and raised as Germans, while those who failed the tests would be used in slave labor or murdered in medical experiments.

Nordicist anthropometrics was used to "improve" the racial make-up of the Germanized section of the population, by absorbing individuals into the German population who were deemed suitably Nordic.

Germanization also affected the Sorbs, the minority Slav community living in Saxony and Brandenburg, whose Slavic culture and language was suppressed to absorb them into German identity. Tens of thousands suffered internment and imprisonment as well, to become lesser-known victims of Nazi racial laws. Similarly, the Nazis considered the people living in the Goralenvolk area to be descended from ethnic Germans and were therefore classified as Aryans.

Nuremberg trials

From Wikipedia, the free encyclopedia
Judges' bench at the Palace of Justice, Nuremberg
IndictmentConspiracy, crimes against peace, war crimes, crimes against humanity, mass murder, unethical human experimentation, false imprisonment, hate crimes
Started20 November 1945
Decided1 October 1946
Defendants24 (see list)
Witnesses37 prosecution, 83 defense
Transcripts
Case history
Related actions
Court membership
Judges sitting

The Nuremberg trials were international criminal trials held by the Allies against leaders of the defeated Nazi Germany for plotting and carrying out invasions of several countries across Europe and committing atrocities against civilians (both German and foreign) during the Second World War.

Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in the Soviet Union alone. Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the Soviet Union) to summary executions (the United Kingdom). In mid-1945, France, the Soviet Union, the United Kingdom, and the United States agreed to convene a joint tribunal in Nuremberg, occupied Germany, with the Nuremberg Charter as its legal instrument. Between 20 November 1945 and 1 October 1946, the International Military Tribunal (IMT) tried 22 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as six German organizations. The purpose of the trial was not only to try the defendants but also to assemble irrefutable evidence of Nazi war crimes, offer a history lesson to the defeated Germans, and delegitimize the traditional German elite.

The IMT verdict followed the prosecution in declaring the crime of plotting and waging aggressive war "the supreme international crime" because "it contains within itself the accumulated evil of the whole". Most defendants were also charged with war crimes and crimes against humanity, the Holocaust significantly contributing to the trials. Twelve further trials were conducted by the United States against lower-level perpetrators and focused more on the Holocaust. Controversial at the time for their retroactive criminalization of aggression, the trials' innovation of holding individuals responsible for violations of international law is considered "the true beginning of international criminal law".

Origin

Jews arriving at Auschwitz concentration camp, 1944. According to legal historian Kirsten Sellars, the extermination camps "formed the moral core of the Allies' case against the Nazi leaders".

Between 1939 and 1945, Nazi Germany invaded many European countries, including Poland, Denmark, Norway, the Netherlands, Belgium, Luxembourg, France, Yugoslavia, Greece, and the Soviet Union. German aggression was accompanied by immense brutality in occupied areas; war losses in the Soviet Union alone included 27 million dead, mostly civilians, which was one seventh of the prewar population. The legal reckoning was premised on the extraordinary nature of Nazi criminality, particularly the perceived singularity of the systematic murder of millions of Jews.

In early 1942, representatives of nine governments-in-exile from German-occupied Europe issued a declaration to demand an international court to try the German crimes committed in occupied countries. The United States and United Kingdom refused to endorse this proposal, citing the failure of war crimes prosecutions following World War I. The London-based United Nations War Crimes Commission—without Soviet participation—first met in October 1943 and became bogged down in the scope of its mandate, with Belgian jurist Marcel de Baer and Czech legal scholar Bohuslav Ečer arguing for a broader definition of war crimes that would include "the crime of war". On 1 November 1943, the Soviet Union, United Kingdom, and United States issued the Moscow Declaration, warning Nazi leadership of the signatories' intent to "pursue them to the uttermost ends of the earth ... in order that justice may be done". The declaration stated high-ranking Nazis who had committed crimes in several countries would be dealt with jointly, while others would be tried where they had committed their crimes.

Soviet jurist Aron Trainin developed the concept of crimes against peace (waging aggressive war) which would later be central to the proceedings at Nuremberg. Trainin's ideas were reprinted in the West and widely adopted. Of all the Allies, the Soviet Union lobbied most intensely for trying the defeated German leaders for aggression in addition to war crimes. The Soviet Union wanted to hold a trial with a predetermined outcome similar to the 1930s Moscow trials, in order to demonstrate the Nazi leaders' guilt and build a case for war reparations to rebuild the Soviet economy, which had been devastated by the war. The United States insisted on a trial that would be seen as legitimate as a means of reforming Germany and demonstrating the superiority of the Western system. The United States Department of War was drawing up plans for an international tribunal in late 1944 and early 1945. The British government still preferred the summary execution of Nazi leaders, citing the failure of trials following World War I and qualms about retroactive criminality. The form that retribution would take was left unresolved at the Yalta Conference in February 1945. On 2 May, at the San Francisco Conference, United States president Harry S. Truman announced the formation of an international military tribunal. On 8 May, Germany surrendered unconditionally, bringing an end to the war in Europe.

Establishment

Nuremberg charter

Aron Trainin (center, with moustache) speaks at the London Conference.
Aerial view of the Palace of Justice in 1945, with the prison attached behind it
Ruins of Nuremberg, c. 1945

At the London Conference, held from 26 June to 2 August 1945, representatives of France, the Soviet Union, the United Kingdom, and the United States negotiated the form that the trial would take. Until the end of the negotiations, it was not clear that any trial would be held at all.

The offences that would be prosecuted were crimes against peace, crimes against humanity, and war crimes. At the conference, it was debated whether wars of aggression were prohibited in existing customary international law; regardless, before the charter was adopted there was no law providing for criminal responsibility for aggression. Despite misgivings from other Allies, American negotiator and Supreme Court justice Robert H. Jackson threatened the United States' withdrawal if aggression was not prosecuted because it had been the rationale for American entry into World War II. However, Jackson conceded on defining crimes against peace; the other three Allies were opposed because it would undermine the freedom of action of the United Nations Security Council.

War crimes already existed in international law as criminal violations of the laws and customs of war, but these did not apply to a government's treatment of its own citizens. Legal experts sought a way to try crimes against German citizens, such as the German Jews. A Soviet proposal for a charge of "crimes against civilians" was renamed "crimes against humanity" at Jackson's suggestion after previous uses of the term in the post-World War I Commission of Responsibilities and in failed efforts to prosecute the perpetrators of the Armenian genocide. The British proposal to define crimes against humanity was largely accepted, with the final wording being "murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population". The final version of the charter limited the tribunal's jurisdiction over crimes against humanity to those committed as part of a war of aggression. Both the United States (concerned that its Jim Crow system of racial segregation not be labeled a crime against humanity) and the Soviet Union wanted to avoid giving an international court jurisdiction over a government's treatment of its own citizens.

The charter upended the traditional view of international law by holding individuals, rather than states, responsible for breaches. The other three Allies' proposal to limit the definition of the crimes to acts committed by the defeated Axis was rejected by Jackson. Instead, the charter limited the jurisdiction of the court to Germany's actions. Article 7 prevented the defendants from claiming sovereign immunity, and Article 8 meant that the plea of acting under superior orders was not a valid defence, although it might be treated in mitigation. The trial was held under modified common law. The negotiators decided that the tribunal's permanent seat would be in Berlin, while the trial would be held at the Palace of Justice in Nuremberg. Located in the American occupation zone, Nuremberg was a symbolic location as the site of Nazi rallies. The Palace of Justice was relatively intact but needed to be renovated for the trial due to bomb damage; it had an attached prison where the defendants could be held. On 8 August, the Nuremberg Charter was signed in London.

Judges and prosecutors

In early 1946, there were a thousand employees from the four countries' delegations in Nuremberg, of which about two thirds were from the United States. Besides legal professionals, there were many social-science researchers, psychologists, translators, interpreters, and graphic designers, the last to make the many charts used during the trial. Each state appointed a prosecution team and two judges, one being a deputy without voting rights.

Jackson (whom historian Kim Christian Priemel described as "a versatile politician and a remarkable orator, if not a great legal thinker") was appointed the United States' chief prosecutor. The United States prosecution believed Nazism was the product of a German deviation from the West (the Sonderweg thesis) and sought to correct this deviation with a trial that would serve both retributive and educational purposes. As the largest delegation, it would take on the bulk of the prosecutorial effort. At Jackson's recommendation, the United States appointed judges Francis Biddle and John Parker. The British chief prosecutor was Hartley Shawcross, Attorney General for England and Wales, assisted by his predecessor David Maxwell Fyfe. Although the chief British judge, Sir Geoffrey Lawrence (Lord Justice of Appeal), was the nominal president of the tribunal, in practice Biddle exercised more authority.

The French prosecutor, François de Menthon, had just overseen trials of the leaders of Vichy France; he resigned in January 1946 and was replaced by Auguste Champetier de Ribes. The French judges were Henri Donnedieu de Vabres, a professor of criminal law, and deputy Robert Falco, a judge of the Cour de Cassation who had represented France at the London Conference. The French government tried to appoint staff untainted by collaboration with the Vichy regime; some appointments, including Champetier de Ribes, were of those who had been in the French resistance. Expecting a show trial, the Soviet Union initially appointed as chief prosecutor Iona Nikitchenko, who had presided over the Moscow trials, but he was made a judge and replaced by Roman Rudenko, a show trial prosecutor chosen for his skill as an orator. The Soviet judges and prosecutors were not permitted to make any major decisions without consulting a commission in Moscow led by Soviet politician Andrei Vyshinsky; the resulting delays hampered the Soviet effort to set the agenda. The influence of the Soviet delegation was also constrained by limited English proficiency, lack of interpreters, and unfamiliarity with diplomacy and international institutions.

Requests by Chaim Weizmann, the president of the World Zionist Organization, as well as the Provisional Government of National Unity in Poland, for an active role in the trial justified by their representation of victims of Nazi crimes were rejected. The Soviet Union invited prosecutors from its allies, including Poland, Czechoslovakia, and Yugoslavia; Denmark and Norway also sent a delegation. Although the Polish delegation was not empowered to intervene in the proceedings, it submitted evidence and an indictment, succeeding at drawing some attention to crimes committed against Polish Jews and non-Jews.

Indictment

Handing over the indictment to the tribunal, 18 October 1945

The work of drafting the indictment was divided up by the national delegations. The British worked on aggressive war; the other delegations were assigned the task of covering crimes against humanity and war crimes committed on the Western Front (France) and the Eastern Front (the Soviet Union). The United States delegation outlined the overall Nazi conspiracy and criminality of Nazi organizations. The British and American delegations decided to work jointly in drafting the charges of conspiracy to wage aggressive war. On 17 September, the various delegations met to discuss the indictment.

The charge of conspiracy, absent from the charter, held together the wide array of charges and defendants and was used to charge the top Nazi leaders, as well as bureaucrats who had never killed anyone or perhaps even directly ordered killing. It was also an end run on the charter's limits on charging crimes committed before the beginning of World War II. Conspiracy charges were central to the cases against propagandists and industrialists: the former were charged with providing the ideological justification for war and other crimes, while the latter were accused of enabling Germany's war effort. The charge, a brainchild of War Department lawyer Murray C. Bernays, and perhaps inspired by his previous work prosecuting securities fraud, was spearheaded by the United States and less popular with the other delegations, particularly France.

The problem of translating the indictment and evidence into the three official languages of the tribunal—English, French, and Russian—as well as German was severe due to the scale of the task and difficulty of recruiting interpreters, especially in the Soviet Union. Vyshinsky demanded extensive corrections to the charges of crimes against peace, especially regarding the role of the German–Soviet pact in starting World War II. Jackson also separated out an overall conspiracy charge from the other three charges, aiming that the American prosecution would cover the overall Nazi conspiracy while the other delegations would flesh out the details of Nazi crimes. The division of labor, and the haste with which the indictment was prepared, resulted in duplication, imprecise language, and lack of attribution of specific charges to individual defendants.

Defendants

The defendants in the dock

Some of the most prominent Nazis—Adolf Hitler, Heinrich Himmler, and Joseph Goebbels—had committed suicide and therefore could not be tried. The prosecutors aimed to prosecute key leaders in German politics, business, and the military. Most of the defendants had surrendered to the United States or United Kingdom.

The defendants, who were largely unrepentant, included former cabinet ministers: Franz von Papen (who had brought Hitler to power), Joachim von Ribbentrop (foreign minister), Konstantin von Neurath (foreign minister), Wilhelm Frick (interior minister), and Alfred Rosenberg, minister for the occupied eastern territories. Also prosecuted were leaders of the German economy, such as Gustav Krupp of the Krupp AG conglomerate, former Reichsbank president Hjalmar Schacht, and economic planners Albert Speer and Walther Funk, along with Speer's subordinate and head of the forced labor program, Fritz Sauckel. While the British were skeptical of prosecuting economic leaders, the French had a strong interest in highlighting German economic imperialism. The military leaders were Hermann Göring—the most infamous surviving Nazi and the main target of the trial—Wilhelm Keitel, Alfred Jodl, Erich Raeder, and Karl Dönitz. Also on trial were propagandists Julius Streicher and Hans Fritzsche; Rudolf Hess, Hitler's deputy who had flown to Britain in 1941; Hans Frank, governor-general of the General Governorate of Poland; Hitler Youth leader Baldur von Schirach; Arthur Seyss-Inquart, Reich Commissioner for the Netherlands; and Ernst Kaltenbrunner, leader of Himmler's Reich Security Main Office. Observers of the trial found the defendants mediocre and contemptible.

Although the list of defendants was finalized on 29 August, as late as October, Jackson demanded the addition of new names, but was denied. Of the 24 men indicted, Martin Bormann was tried in absentia, as the Allies were unaware of his death; Krupp was too ill to stand trial; and Robert Ley had committed suicide before the start of the trial. Former Nazis were allowed to serve as counsel and by mid-November all defendants had lawyers. The defendants' lawyers jointly appealed to the court, claiming it did not have jurisdiction against the accused, but this motion was rejected. Defense lawyers saw themselves as acting on behalf of their clients and the German nation.

Initially, the Americans had planned to try fourteen organizations and their leaders, but this was narrowed to six: the Reich Cabinet, the Leadership Corps of the Nazi Party, the Gestapo, the SA, the SS and the SD, and the General Staff and High Command of the German military (Wehrmacht). The aim was to have these organizations declared criminal, so that their members could be tried expeditiously for membership in a criminal organization. Senior American officials believed that convicting organizations was a good way of showing that not just the top German leaders were responsible for crimes, without condemning the entire German people.

Evidence

United States Army clerks with evidence

Over the summer, all of the national delegations struggled to gather evidence for the upcoming trial. The American and British prosecutors focused on documentary evidence and affidavits rather than testimony from survivors. This strategy increased the credibility of their case, since survivor testimony was considered less reliable and more vulnerable to accusations of bias, but reduced public interest in the proceedings. The American prosecution drew on reports of the Office of Strategic Services, an American intelligence agency, and information provided by the YIVO Institute for Jewish Research and the American Jewish Committee, while the French prosecution presented many documents that it had obtained from the Center of Contemporary Jewish DocumentationThe prosecution called 37 witnesses compared to the defense's 83, not including 19 defendants who testified on their own behalf. The prosecution examined 110,000 captured German documents and entered 4,600 into evidence, along with 30 kilometres (19 mi) of film and 25,000 photographs.

The charter allowed the admissibility of any evidence deemed to have probative value, including depositions. Because of the loose evidentiary rules, photographs, charts, maps, and films played an important role in making incredible crimes believable. After the American prosecution submitted many documents at the beginning of the trial, the judges insisted that all of the evidence be read into the record, which slowed the trial. The structure of the charges also caused delays as the same evidence ended up being read out multiple times, when it was relevant to both conspiracy and the other charges.

Course of the trial

The International Military Tribunal began trial on 20 November 1945, after postponement requests from the Soviet prosecution, who wanted more time to prepare its case, were rejected. All defendants pleaded not guilty. Jackson made clear that the trial's purpose extended beyond convicting the defendants. Prosecutors wanted to assemble irrefutable evidence of Nazi crimes, establish individual responsibility and the crime of aggression in international law, provide a history lesson to the defeated Germans, delegitimize the traditional German elite, and allow the Allies to distance themselves from appeasement. Jackson maintained that while the United States did "not seek to convict the whole German people of crime", neither did the trial "serve to absolve the whole German people except 21 men in the dock". Nevertheless, defense lawyers (although not most of the defendants) often argued that the prosecution was trying to promote German collective guilt and forcefully countered this strawman. According to Priemel, the conspiracy charge "invited apologetic interpretations: narratives of absolute, totalitarian dictatorship, run by society's lunatic fringe, of which the Germans had been the first victims rather than agents, collaborators, and fellow travellers". In contrast, the evidence presented on the Holocaust convinced some observers that Germans must have been aware of this crime while it was ongoing.

American and British prosecution

Presenting information on German aggression, 4 December

On 21 November, Jackson gave the opening speech for the prosecution. He described the fact that the defeated Nazis received a trial as "one of the most significant tributes that Power has ever paid to Reason". Focusing on aggressive war, which he described as the root of the other crimes, Jackson promoted an intentionalist view of the Nazi state and its overall criminal conspiracy. The speech was favorably received by the prosecution, the tribunal, the audience, historians, and even the defendants.

Much of the American case focused on the development of the Nazi conspiracy before the outbreak of war. The American prosecution became derailed during attempts to provide evidence on the first act of aggression, against Austria. On 29 November, the prosecution was unprepared to continue presenting on the invasion of Czechoslovakia, and instead screened Nazi Concentration and Prison Camps. The film, compiled from footage of the liberation of Nazi concentration camps, shocked both the defendants and the judges, who adjourned the trial. Indiscriminate selection and disorganized presentation of documentary evidence without tying it to specific defendants hampered the American prosecutors' work on the conspiracy to commit crimes against humanity. The Americans summoned Einsatzgruppen commander Otto Ohlendorf, who testified about the murder of 80,000 people by those under his command, and SS general Erich von dem Bach-Zelewski, who admitted that German anti-partisan warfare was little more than a cover for the mass murder of Jews.

Evidence about Ernst Kaltenbrunner's crimes is presented, 2 January 1946.

The British prosecution covered the charge of crimes against peace, which was largely redundant to the American conspiracy case. On 4 December, Shawcross gave the opening speech, much of which had been written by Cambridge professor Hersch Lauterpacht. Unlike Jackson, Shawcross attempted to minimize the novelty of the aggression charges, elaborating its precursors in the conventions of Hague and Geneva, the League of Nations Covenant, the Locarno Treaty, and the Kellogg–Briand Pact. The British took four days to make their case, with Maxwell Fyfe detailing treaties broken by Germany. In mid-December the Americans switched to presenting the case against the indicted organizations, while in January both the British and Americans presented evidence against individual defendants. Besides the organizations mentioned in the indictment, American, and British prosecutors also mentioned the complicity of the German Foreign Office, army, and navy.

French prosecution

From 17 January to 7 February 1946, France presented its charges and supporting evidence. In contrast to the other prosecution teams, the French prosecution delved into Germany's development in the nineteenth century, arguing that it had diverged from the West due to pan-Germanism and imperialism. They argued that Nazi ideology, which derived from these earlier ideas, was the mens rea—criminal intent—of the crimes on trial. The French prosecutors, more than their British or American counterparts, emphasized the complicity of many Germans; they barely mentioned the charge of aggressive war and instead focused on forced labor, economic plunder, and massacres. Prosecutor Edgar Faure grouped together various German policies, such as the annexation of Alsace–Lorraine, under the label of Germanization, which he argued was a crime against humanity. Unlike the British and American prosecution strategies, which focused on using German documents, French prosecutors took the perspective of the victims, submitting postwar police reports. Eleven witnesses, including victims of Nazi persecution, were called; resistance fighter and Auschwitz survivor Marie Claude Vaillant-Couturier testified about crimes she had witnessed. The French charges of war crimes were accepted by the tribunal, except for the execution of hostages. Due to the narrow definition of crimes against humanity in the charter, the only part of the Germanization charges accepted by the judges was the deportation of Jews from France and other parts of Western Europe.

Soviet prosecution

Roman Rudenko opens the Soviet case.

On 8 February, the Soviet prosecution opened its case with a speech by Rudenko that covered all four prosecution charges, highlighting a wide variety of crimes committed by the German occupiers as part of their destructive and unprovoked invasion. Rudenko tried to emphasize common ground with the other Allies while rejecting any similarity between Nazi and Soviet rule. The next week, the Soviet prosecution produced Friedrich Paulus—a German field marshal captured after the Battle of Stalingrad—as a witness and questioned him about the preparations for the invasion of the Soviet Union. Paulus incriminated his former associates, pointing to Keitel, Jodl, and Göring as the defendants most responsible for the war.

More so than other delegations, Soviet prosecutors showed the gruesome details of German atrocities, especially the death by starvation of 3 million Soviet prisoners of war and several hundred thousand residents of Leningrad. Although Soviet prosecutors dealt most extensively with the systematic murder of Jews in eastern Europe, at times they blurred the fate of Jews with that of other Soviet nationalities. Although these aspects had already been covered by the American prosecution, Soviet prosecutors introduced new evidence from Extraordinary State Commission reports and interrogations of senior enemy officers. Lev Smirnov presented evidence on the Lidice massacre in Czechoslovakia, adding that German invaders had destroyed thousands of villages and murdered their inhabitants throughout eastern Europe. The Soviet prosecution emphasized the racist aspect of policies such as the deportation of millions of civilians to Germany for forced labor, the murder of children, systematic looting of occupied territories, and theft or destruction of cultural heritage. The Soviet prosecution also attempted to fabricate German responsibility for the Katyn massacre, which had in fact been committed by the NKVD. Although Western prosecutors never publicly rejected the Katyn charge for fear of casting doubt on the entire proceedings, they were skeptical. The defense presented evidence of Soviet responsibility, and Katyn was not mentioned in the verdict.




Inspired by the films shown by the American prosecution, the Soviet Union commissioned three films for the trial: The German Fascist Destruction of the Cultural Treasures of the Peoples of the USSR, Atrocities Committed by the German Fascist Invaders in the USSR, and The German Fascist Destruction of Soviet Cities, using footage from Soviet filmmakers as well as shots from German newsreels. The second included footage of the liberations of Majdanek and Auschwitz and was considered even more disturbing than the American concentration camp film. Soviet witnesses included several survivors of German crimes, including two civilians who lived through the siege of Leningrad, a peasant whose village was destroyed in anti-partisan warfare, a Red Army doctor who endured several prisoner-of-war camps and two Holocaust survivors—Samuel Rajzman, a survivor of Treblinka extermination camp, and poet Abraham Sutzkever, who described the murder of tens of thousands of Jews from Vilna. The Soviet prosecution case was generally well received and presented compelling evidence for the suffering of the Soviet people and the Soviet contributions to victory.

Defense

Hermann Göring under cross-examination
A member of the Soviet delegation addresses the tribunal.

From March to July 1946, the defense presented its counterarguments. Before the prosecution finished, it was clear that their general case was proven, but it remained to determine the individual guilt of each defendant. None of the defendants tried to assert that the Nazis' crimes had not occurred. Some defendants denied involvement in certain crimes or implausibly claimed ignorance of them, especially the Holocaust. A few defense lawyers inverted the arguments of the prosecution to assert that the Germans' authoritarian mindset and obedience to the state exonerated them from any personal guilt. Most rejected that Germany had deviated from Western civilization, arguing that few Germans could have supported Hitler because Germany was a civilized country.

The defendants tried to blame their crimes on Hitler, who was mentioned 12,000 times during the trial—more than the top five defendants combined. Other absent and dead men, including Himmler, Reinhard Heydrich, Adolf Eichmann, and Bormann, were also blamed. To counter claims that conservative defendants had enabled the Nazi rise to power, defense lawyers blamed the Social Democratic Party of Germany, trade unions, and other countries that maintained diplomatic relations with Germany. In contrast, most defendants avoided incriminating each other. Most defendants argued their own insignificance within the Nazi system, though Göring took the opposite approach, expecting to be executed but vindicated in the eyes of the German people.

The charter did not recognize a tu quoque defense—asking for exoneration on the grounds that the Allies had committed the same crimes with which the defendants were charged. Although defense lawyers repeatedly equated the Nuremberg Laws to legislation found in other countries, Nazi concentration camps to Allied detention facilities, and the deportation of Jews to the expulsion of Germans, the judges rejected their arguments. Alfred Seidl [de] repeatedly tried to disclose the secret protocols of the German–Soviet pact; although he was eventually successful, it was legally irrelevant and the judges rejected his attempt to bring up the Treaty of Versailles. Six defendants were charged with the German invasion of Norway, and their lawyers argued that this invasion was undertaken to prevent a British invasion of that country; a cover-up prevented the defense from capitalizing on this argument. Fleet admiral Chester Nimitz testified that the United States Navy had also used unrestricted submarine warfare against Japan in the Pacific; Dönitz's counsel successfully argued that this meant that it could not be a crime. The judges barred most evidence on Allied misdeeds from being heard in court.

Many defense lawyers complained about various aspects of the trial procedure and attempted to discredit the entire proceedings. In order to appease them, the defendants were allowed a free hand with their witnesses and a great deal of irrelevant testimony was heard. The defendants' witnesses sometimes managed to exculpate them, but other witnesses—including Rudolf Höss, the former commandant of Auschwitz, and Hans Bernd Gisevius, a member of the German resistance—bolstered the prosecution's case. In the context of the brewing Cold War—for example, in early March 1946, Winston Churchill delivered the Iron Curtain speech—the trial became a means of condemning not only Germany but also the Soviet Union.

Closing

On 31 August, closing arguments were presented. Over the course of the trial, crimes against humanity and especially against Jews (who were mentioned as victims of Nazi atrocities far more than any other group) came to upstage the aggressive war charge. In contrast to the opening prosecution statements, all eight closing statements highlighted the Holocaust. The French and British prosecutors made this the main charge, as opposed to that of aggression. All prosecutors except the Americans mentioned the concept of genocide, which had been recently invented by the Polish-Jewish jurist Raphael Lemkin. British prosecutor Shawcross quoted from witness testimony about a murdered Jewish family from Dubno, Ukraine. During the closing statements, most defendants disappointed the judges with lies and denials. Speer managed to give the impression of apologizing without assuming personal guilt or naming any victims other than the German people. On 2 September, the court recessed, and the judges retreated into seclusion to decide the verdict and sentences, which had been under discussion since June. The verdict was drafted by British deputy judge Norman Birkett. All eight judges participated in the deliberations, but the deputies could not vote.

Verdict

The International Military Tribunal agreed with the prosecution that aggression was the gravest charge, stating in its judgment that because "war is essentially an evil thing", "to initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole". The work of the judges was made more difficult due to the broadness of the crimes listed in the Nuremberg Charter. The judges did not attempt to define the crime of aggression and did not mention the retroactivity of the charges in the verdict. Despite the lingering doubts of some of the judges, the official interpretation of the IMT held that all of the charges had a solid basis in customary international law and that the trial was procedurally fair. The judges were aware that both the Allies and the Axis had planned or committed acts of aggression, writing the verdict carefully to avoid discrediting either the Allied governments or the tribunal.

The judges ruled that there had been a premeditated conspiracy to commit crimes against peace, whose goals were "the disruption of the European order" and "the creation of a Greater Germany beyond the frontiers of 1914". Contrary to Jackson's argument that the conspiracy began with the founding of the Nazi Party in 1920, the verdict dated the planning of aggression to the 1937 Hossbach Memorandum. The conspiracy charge caused significant dissent on the bench; Donnedieu de Vabres wanted to scrap it. Through a compromise proposed by the British judges, the charge of conspiracy was narrowed to a conspiracy to wage aggressive war. Only eight defendants were convicted on that charge, all of whom were also found guilty of crimes against peace. All 22 defendants were charged with crimes against peace, and 12 were convicted. The war crimes and crimes against humanity charges held up the best, with only two defendants charged on those grounds being acquitted. The judges determined that crimes against humanity concerning German Jews before 1939 were not under the court's jurisdiction because the prosecution had not proven a connection to aggressive war.

Four organizations were ruled to be criminal: the Leadership Corps of the Nazi Party, the SS, the Gestapo, and the SD, although some lower ranks and subgroups were excluded. The verdict only allowed for individual criminal responsibility if willing membership and knowledge of the criminal purpose could be proved, complicating denazification efforts. The SA, Reich Cabinet, General Staff and High Command were not ruled to be criminal organizations. Although the Wehrmacht leadership was not considered an organization within the meaning of the charter, misrepresentation of the verdict as an exoneration would become one of the foundations of the clean Wehrmacht myth. The trial had nevertheless resulted in the coverage of its systematic criminality in the German press.

Sentences were debated at length by the judges. Twelve defendants were sentenced to death: Göring, Ribbentrop, Keitel, Kaltenbrunner, Rosenberg, Frank, Frick, Streicher, Sauckel, Jodl, Seyss-Inquart, and Bormann. On 16 October, ten were hanged, with Göring killing himself the day before. Seven defendants (Hess, Funk, Raeder, Dönitz, Schirach, Speer, and Neurath) were sent to Spandau Prison to serve their sentences. All three acquittals (Papen, Schacht, and Fritzsche) were based on a deadlock between the judges; these acquittals surprised observers. Despite being accused of the same crimes, Sauckel was sentenced to death, while Speer was given a prison sentence because the judges considered that he could reform. Nikichenko released a dissent approved by Moscow that rejected all the acquittals, called for a death sentence for Hess, and convicted all the organizations.

Subsequent Nuremberg trials

Telford Taylor opens for the prosecution in the Ministries trial, 6 January 1948.
Monowitz prisoners unload cement from trains for IG Farben, presented as evidence at the IG Farben trial.

Initially, it was planned to hold a second international tribunal for German industrialists, but this was never held because of differences between the Allies. Twelve military trials were convened solely by the United States in the same courtroom that had hosted the International Military Tribunal. Pursuant to Law No. 10 adopted by the Allied Control Council, United States forces arrested almost 100,000 Germans as war criminals. The Office of Chief Counsel for War Crimes identified 2,500 major war criminals, of whom 177 were tried. Many of the worst offenders were not prosecuted, for logistical or financial reasons.

One set of trials focused on the actions of German professionals: the Doctors' trial focused on human experimentation and euthanasia murders, the Judges' trial on the role of the judiciary in Nazi crimes, and the Ministries trial on the culpability of bureaucrats of German government ministries, especially the Foreign OfficeAlso on trial were industrialists—in the Flick trial, the IG Farben trial, and the Krupp trial—for using forced labor, looting property from Nazi victims, and funding SS atrocities. Members of the SS were tried in the Pohl trial, which focused on members of the SS Main Economic and Administrative Office that oversaw SS economic activity, including the Nazi concentration camps; the RuSHA trial of Nazi racial policies; and the Einsatzgruppen trial, in which members of the mobile killing squads were tried for the murder of more than one million people behind the Eastern Front. Luftwaffe general Erhard Milch was tried for using slave labor and deporting civilians. In the Hostages case, several generals were tried for executing thousands of hostages and prisoners of war, looting, using forced labor, and deporting civilians in the Balkans. Other generals were tried in the High Command Trial for plotting wars of aggression, issuing criminal orders, deporting civilians, using slave labor, and looting in the Soviet Union.

These trials emphasized the crimes committed during the Holocaust. The trials heard 1,300 witnesses, entered more than 30,000 documents into evidence, and generated 132,855 pages of transcripts, with the judgments totaling 3,828 pages. Of 177 defendants, 142 were convicted and 25 sentenced to death; the severity of sentencing was related to the defendant's proximity to mass murder. Legal historian Kevin Jon Heller argues that the trials' greatest achievement was "their inestimable contribution to the form and substance of international criminal law", which had been left underdeveloped by the IMT.

Contemporary reactions

Press at the International Military Tribunal
Germans read Süddeutsche Zeitung reporting the verdict, 1 October 1946

In all, 249 journalists were accredited to cover the IMT and 61,854 visitor tickets were issued. In France, the sentence for Rudolf Hess and acquittal of organizations were met with outrage from the media and especially from organizations for deportees and resistance fighters, as they were perceived as too lenient. In the United Kingdom, although a variety of responses were reported, it was difficult to sustain interest in a long trial. Where the prosecution was disappointed by some of the verdicts, the defense could take satisfaction.

Many Germans at the time of the trials focused on finding food and shelter. Despite this, a majority read press reports about the trial. In a 1946 poll, 78 percent of Germans assessed the trial as fair, but four years later that had fallen to 38 percent, with 30 percent considering it unfair. As time went on, more Germans considered the trials illegitimate victor's justice and an imposition of collective guilt, which they rejected—instead considering themselves victims of the war. As the Cold War began, the rapidly changing political environment began to affect the effectiveness of the trials. The educational purpose of the Nuremberg Military Tribunals was a failure, in part because of the resistance to war crimes trials in German society, but also because of the United States Army's refusal to publish the trial record in German for fear it would undermine the fight against communism.

The German churches, both Catholic and Protestant, were vocal proponents of amnesty. The pardon of convicted war criminals also had cross-party support in West Germany, which was established in 1949. The Americans satisfied these wishes to bind West Germany to the Western Bloc, beginning early releases of Nuremberg Military Tribunal convicts in 1949. In 1951, High Commissioner John J. McCloy overturned most of the sentences and the last three prisoners, all convicted at the Einsatzgruppen trial, were released in 1958. The German public took the early releases as confirmation of what they saw as the illegitimacy of the trials. The IMT defendants required Soviet permission for release; Speer was not successful in obtaining early release, and Hess remained in prison until his death in 1987. By the late 1950s, the West German consensus on release began to erode, due to greater openness in political culture and new revelations of Nazi criminality, including the first trials of Nazi perpetrators in West German courts.

Legacy

Benjamin Ferencz, chief prosecutor of the Einsatzgruppen trial, in the Palace of Justice courtroom, 2012

The International Military Tribunal, and its charter, "marked the true beginning of international criminal law". The trial has met a mixed reception ranging from glorification to condemnation. The reaction was initially predominantly negative, but has become more positive over time.

The selective prosecution exclusively of the defeated Axis and hypocrisy of all four Allied powers has garnered the most persistent criticism. Such actions as the German–Soviet pact, the expulsion of millions of Germans from central and eastern Europe, deportation of civilians for forced labor, and violent suppression of anti-colonial uprisings would have been deemed illegal according to the definitions of international crimes in the Nuremberg charter. Another controversy resulted from trying defendants for acts that were not criminal at the time, particularly crimes against peace. Equally novel but less controversial were crimes against humanity, the conspiracy charge, and criminal penalties on individuals for breaches of international law. Besides these criticisms, the trials have been taken to task for the distortion that comes from fitting historical events into legal categories.

The International Military Tribunal for the Far East (Tokyo Trial) borrowed many of its ideas from the IMT, including all four charges, and was intended by the Truman Administration to shore up the IMT's legal legacy. On 11 December 1946, the United Nations General Assembly unanimously passed a resolution affirming "the principles of international law recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal". In 1950, the International Law Commission drafted the Nuremberg principles to codify international criminal law, although the Cold War prevented the adoption of these principles until the 1990s. The 1948 Genocide Convention was much more restricted than Lemkin's original concept and its effectiveness was further limited by Cold War politics. In the 1990s, a revival of international criminal law included the establishment of ad hoc international criminal tribunals for Yugoslavia (ICTY) and Rwanda (ICTR), which were widely viewed as part of the legacy of the Nuremberg and Tokyo trials. A permanent International Criminal Court (ICC), proposed in 1953, was established in 2002.

The trials were the first use of simultaneous interpretation, which stimulated technical advances in translation methods. The Palace of Justice houses a museum on the trial and the courtroom became a tourist attraction, drawing 13,138 visitors in 2005. The IMT is one of the most well-studied trials in history, and it has also been the subject of an abundance of books and scholarly publications, along with motion pictures such as Judgment at Nuremberg (1961), The Memory of Justice (1976) and Nuremberg (2025).

Cognitive science

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