The first Nuremberg trial | DW Documentary

Key Concepts

• International Military Tribunal (IMT): The court established by the four victorious Allied powers (United States, United Kingdom, France, and Soviet Union) to prosecute major war criminals of Nazi Germany.
• Crimes Against Peace: Planning, initiation, and waging of a war of aggression.
• War Crimes: Violations of the laws or customs of war, such as mistreatment of prisoners of war, murder of civilians in occupied territories, and plunder of public or private property.
• Crimes Against Humanity: Murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, or persecutions on political, racial, or religious grounds.
• Conspiracy: The act of planning and agreeing to commit crimes.
• Nuremberg Laws: Anti-Semitic laws enacted in Nazi Germany in 1935 that stripped Jews of their citizenship and prohibited them from marrying or having sexual relations with people of "German or related blood."
• Palace of Justice, Nuremberg: The courthouse where the IMT trials were held.
• Room 600: The main courtroom at the Palace of Justice.
• Documentary Evidence: The primary form of evidence used in the trials, due to the defendants' tendency to deny personal involvement.
• "The Winners Putting the Losers on Trial": A perspective held by some defendants and observers, viewing the trials as an act of victors over the vanquished.
• "War Making is the Supreme International Crime": Robert Jackson's central argument that aggressive war itself should be condemned as a crime.
• International Criminal Court (ICC): A modern international court established to prosecute individuals for genocide, war crimes, crimes against humanity, and the crime of aggression, inspired by the Nuremberg trials.

The Nuremberg Trials: Holding Nazi Leaders Accountable

The Setting and the Accused

The Palace of Justice in Nuremberg served as the venue for the International Military Tribunal (IMT), established after World War II to hold nearly 200 defendants accountable for the atrocities committed during 12 years of Nazi dictatorship, military aggression, terror, and mass murder. On November 20th, 1945, 20 high-ranking Nazi leaders, including Reichsmarschall Hermann Göring, Grand Admiral Karl Dönitz, and Rudolf Hess, were brought to Room 600. These defendants, characterized by their lack of remorse and pride in their actions, were accused of conspiracy to wage wars of aggression, war crimes, and crimes against humanity. The IMT was a "once-in-a-millennium trial" responding to "once in a millennium crimes." For the first time in history, an entire state's leadership was brought to the dock, a move perceived by some as the "winners putting the losers on trial." The prosecution's goal was a "global realignment brought about through the law," aiming to prevent tyranny from resurfacing anywhere in the world.

The Aftermath of War and the Fate of Nazi Leadership

Nuremberg, once a medieval imperial city, lay in ruins after nearly six years of war, which had resulted in 60 million deaths. Amidst the widespread hunger and hardship, most Germans were focused on survival rather than the fate of the Nazi leadership. Hermann Göring, captured in Austria, expected to negotiate with the Allies, but was instead arrested. He attempted to distance himself from the war's realities, claiming to have fallen out with Hitler and would have acted against concentration camp atrocities if he had known. Göring, who Hitler had appointed as his successor, vied for leadership with Grand Admiral Karl Dönitz, Hitler's chosen successor. Dönitz, in Flynnburg, appointed figures like Albert Speer and Alfred Jodl to his cabinet, but their government lacked real power as key perpetrators like Hitler and Joseph Goebbels had committed suicide, and Heinrich Himmler had evaded capture by disguising himself as a soldier before committing suicide.

The liberation of concentration camps, such as Ordruf, by American troops revealed the horrific conditions and indescribable suffering of the few survivors. Specialists were deployed to secure evidence and arrest potential war criminals. The sheer scale of the Nazis' inhuman policies presented a complex challenge for investigators, as the crime of genocide did not yet exist, and there was no established legal framework for prosecuting the internal affairs of a terrorist state. However, the majority of victims being from occupied European countries provided the Allies with the legal basis to prosecute the Third Reich for crimes against Allied soldiers and those liberated from concentration camps.

The Genesis and Ideals of the Nuremberg Trials

The concept of the Nuremberg trials originated in the summer of 1944, with US President Franklin D. Roosevelt initiating discussions on bringing war criminals to justice. While the British favored summary executions, and the Soviets proposed international criminal trials, the US Department of War developed the plan for the IMT. The core strategy was to charge Nazi leaders with criminal conspiracy to plan wars of aggression and subsequently carry out atrocities. This approach aimed to hold them accountable for subjugating the German people and establishing a ruthless dictatorship.

Despite initial skepticism within the US Supreme Court, fearing the trials could become an "internationally sanctioned lynch mob," federal judge Robert H. Jackson, appointed by President Harry Truman, took on the task of organizing them. Jackson envisioned the trials as an opportunity to establish new international laws that would outlaw war. He faced considerable skepticism regarding the legal precedent, the feasibility, and the potential benefits of deterrence. Jackson's primary focus was not solely on the Holocaust but on the military aggression of Hitler and his accomplices, arguing that "war making itself is the supreme international crime" and that aggressive war should be condemned.

The Arrests and the Gathering of Evidence

By May 23rd, 1945, Dönitz's government was dissolved, and its members were arrested. The Allies compiled lists of wanted Nazi figures, gradually closing in on the Third Reich's leaders. Prominent figures like Julius Streicher and Robert Ley were apprehended despite attempts to conceal their identities. Arrested Nazi leaders were initially held at the Bad Mondorf internment camp in Luxembourg, referred to by the Americans as "Camp Ashcan." Hermann Göring, among 86 dignitaries, was interrogated and, despite his claims of being a historical figure deserving special treatment, was processed like any other suspected criminal. Göring, a morphine addict, was detoxified, regaining his former strength.

The prosecution team, led by Robert Jackson, faced the challenge of gathering sufficient individual evidence. Investigators in Berlin made progress by discovering that the Germans had meticulously documented many of their crimes, with numerous incriminating documents surviving the war's final stages. Searching through the ruins of Berlin, prosecutors like the one assigned to Ernst Kaltenbrunner, head of the Reich Security Main Office (RSHA), found documents like execution orders signed by Kaltenbrunner lying on the floor. Even Jackson himself discovered useful materials in Hitler's Chancellery.

Challenges and Symbolism of Nuremberg

The four victorious powers struggled to agree on a statute for the trials. The Soviet delegation resisted the criminalization of wars of aggression, seeking to limit the court's jurisdiction to German crimes. The involvement of Stalin's lawyers proved problematic, especially given the Soviet Union's own complicity in crimes against humanity. Notably, bombing campaigns, including the extensive destruction of Nuremberg itself (90% of the city was destroyed), were largely ignored.

Despite the devastation, Robert Jackson insisted on holding the trials in Nuremberg due to its location in the American occupation zone and its symbolic significance as the site of Nazi Party rallies and the enactment of the anti-Jewish Nuremberg Laws. The Palace of Justice, relatively undamaged, was chosen for its suitability, including an adjacent prison capable of holding 1,200 prisoners. Room 600 was transformed into a stage for the international tribunal, with its rear wall removed to accommodate spectators and journalists. Initially, 24 prominent suspected war criminals were to be tried, brought from internment camps under strict regulations, including limitations on speaking and fears of rescue attempts.

The Defendants' Stance and the Prosecution's Strategy

Hermann Göring, at Bad Mondorf, began to align his fellow prisoners with a defense strategy of denial and ignorance: "We saw nothing and we knew nothing." He attributed the murder of Jews to Himmler and claimed killing children was unsportsmanlike. Despite this, he also stated, "I take responsibility for everything the government has done." Robert Jackson's team began interrogating the accused, finding them portrayed as ignorant and innocent. Jackson decided to rely primarily on documentary evidence, fearing that the defendants, particularly Göring, might use the trial as a platform to revive Nazism.

Rudolf Hess, Hitler's former deputy, who had flown to Scotland in 1941, was flown to Nuremberg. Prosecutor John Amen found Hess mentally disabled and uncooperative, claiming amnesia. A tactic to bring Hess and Göring together proved unsuccessful, with Hess maintaining his lack of memory. Joachim von Ribbentrop, accused of planning military aggression and war crimes, claimed ignorance and took no responsibility, despite his sycophantic devotion to Hitler. The whereabouts of Martin Bormann remained unclear, and Gustav Krupp von Bohlen und Halbach was deemed unfit to travel, frustrating Jackson's desire to prosecute a Krupp family member.

The indicted Nazi leaders reacted to the charges with defiance. Ribbentrop called the charges directed against the wrong people, Hess wrote, "I cannot remember," and Göring stated, "The victor will always be the judge and the vanquished the accused." Dönitz dismissed the trial as an American whim. The defense lawyers, some of whom were staunch Nazis, complained about unequal resources, lack of staff, and primitive working conditions.

The Trial Commences: Evidence and Testimony

On November 20th, 1945, the IMT commenced proceedings against 22 representatives of the Third Reich. The accused were transported to Room 600 via elevator. Initially, only journalists from the victorious side were permitted. Legendary newsman Walter Cronkite observed the defendants entering the dock with an air of defiance, believing the proceedings were unfair. Göring, in particular, exuded an aura of control. The indictment, spanning over 85 pages, detailed a vast array of German crimes.

For the first time, simultaneous translation was employed, with the indictment taking a day and a half to read. The accused were asked to plead guilty, not guilty, or guilty with an explanation. Göring attempted to make a statement but was cut short. Most defendants pleaded not guilty, often with the qualification that they were not guilty "in the sense of the indictment," indicating a partial acknowledgment of guilt but a rejection of the charges as presented. Robert Jackson considered the presence of Göring and his co-defendants a triumph, a step towards a more just world. In his opening speech, Jackson declared, "This was not a trial of Germans alone. This was a trial for humanity. This was a trial to prevent tyranny from raising its head again in any place in the world." He emphasized that the civilized world could not tolerate the repetition of such calculated, malignant, and devastating wrongs.

The prosecution's case heavily relied on documentary evidence, as Jackson believed "you can't cross-examine a document." This approach aimed to circumvent the defendants' denials and evasions. The defense lawyers, however, insisted on the complete reading of documents, leading to lengthy proceedings. Hans Frank described a vision of an endless train of the dead.

On November 29th, 1945, the court was shown a film documenting atrocities in Nazi concentration camps, including footage from Dachau. The film visibly affected the defendants, with some crying and Göring's nonchalance vanishing. The prosecution's first witness, General Wilhelm von Lahusen, testified about the resistance movement and incriminated Göring, Keitel, and Jodl for their roles in planning the murder of Polish elites, the Jewish population, and the acceptance of millions of Soviet prisoners of war's deaths. Göring denounced Lahusen as a traitor. Lahusen also recalled discussions about the destruction of Warsaw and the approval of the murder of prisoners of war in the Soviet campaign.

Rudolf Hess's defense counsel filed a motion to declare him unfit to stand trial due to amnesia. Hess, to avoid exclusion, took the stand, claiming his memory was impaired but available to the outside world, a tactical move to participate in the trial. Ernst Kaltenbrunner, a replacement for Himmler, denied charges of genocide, claiming to be a scapegoat. Court psychologist Gustav Gilbert's diary provided insights into the defendants' conversations and the impact of the evidence, noting the "inescapable reality and shame of mass murder."

Otto Ohlendorf, head of Einsatzgruppe D, testified that his group killed 90,000 men, women, and children in 1941. Dieter Wisliceny, an assistant to Adolf Eichmann, testified about the deportation of Hungarian Jews to Auschwitz for extermination. Göring reacted angrily to these testimonies, dismissing them as propaganda. Soviet prosecutors presented film footage from Auschwitz, taken by the Red Army, showing the horrific conditions and the fate of prisoners. Marie-Claude Vaillant-Couturier, a French resistance fighter, provided harrowing testimony about daily horrors in concentration camps. The defendants' united front began to waver, with Dönitz acknowledging the need to get to the bottom of things.

The Defense and the Verdicts

After 76 days of hearings, the prosecution concluded its case. Hermann Göring presented his version of events, using the trial for self-promotion and to convey his personal mythology to the German people. He claimed to have done everything to avoid war and secure victory. Robert Jackson's cross-examination effectively dismantled Göring's claims, particularly regarding the persecution of Jews, leaving him devastated.

Joachim von Ribbentrop's defense relied on his unconditional subservience to Hitler, with his secretary testifying to his devotion. Rudolf Hess's defense counsel attempted to introduce the secret German-Soviet non-aggression pact to implicate the Soviet Union in the invasion of Poland, a move the Soviets resisted. Wilhelm Keitel, the highest-ranking officer, accepted responsibility for carrying out unlawful orders, stating, "I was wrong. I wasn't able to prevent what should have been prevented." Ernst Kaltenbrunner denied authenticity of documents bearing his signature, while Julius Streicher defended himself as a newspaper man with no involvement in murders. Karl Dönitz vehemently denied sinking merchant ships without warning, with US Admiral Chester Nimitz confirming similar American actions.

Albert Speer adopted a strategy of assuming general responsibility while denying personal guilt, attempting to shift blame to Fritz Sauckel, who provided slave labor. Speer also exaggerated his own resistance to Hitler, claiming he had wanted to assassinate him. Göring dismissed Speer's claims, stating, "We should never have trusted him." Robert Jackson was satisfied that Speer's defense had broken the defendants' united front.

After more than 200 days of hearings, the eight judges retired to deliberate. The charge of conspiracy proved contentious, with some judges questioning its applicability to individuals like Keitel. On October 1st, 1946, the verdicts were announced. Hermann Göring was sentenced to death by hanging. Rudolf Hess received life imprisonment. Joachim von Ribbentrop, Julius Streicher, Wilhelm Keitel, Ernst Kaltenbrunner, Hans Frank, and Alfred Rosenberg were also sentenced to death. Martin Bormann was sentenced to death in absentia. Baldur von Schirach and Albert Speer received 20 years in prison, and Karl Dönitz received 10 years. Franz von Papen, Hjalmar Schacht, and Hans Fritzsche were acquitted.

Executions and Legacy

Security measures were tightened to prevent suicides among those sentenced to death. Hermann Göring, despite his request to be shot, was denied and managed to commit suicide by cyanide capsule before his scheduled execution. The executions of the other 11 condemned Nazi leaders took place on October 16th, 1946. Ribbentrop, Keitel, Kaltenbrunner, Frank, Rosenberg, Streicher, and Sauckel were hanged. Göring's body was brought in with the others and photographed. The bodies were cremated, and their ashes scattered into a river.

The subsequent 12 Nuremberg trials prosecuted other Nazi officials, doctors, industrialists, and SS henchmen. Robert Jackson's goal of holding dictators accountable for state crimes was partially realized, with the Nuremberg verdicts enshrined in the UN Charter. The IMT declared war as an international crime, a concept that would later be revived with the establishment of the International Criminal Court in The Hague. The Nuremberg trials represented a significant step in establishing international law and holding individuals accountable for egregious crimes against humanity.