Et. Seq: The Harvard Law School Library Blog

Post by Matt Seccombe, January 9, 2019

During November and December I worked on the prosecution documents concerning four institutions charged as being criminal organization (the party leadership, the cabinet, the SA, and the SS), with the documents on the plundering of artworks added as an illustration. This amounted to 232 documents and 996 pages of material. The totals for the year on the IMT (not including the final work on NMT 9) are 1420 documents and 8439 pages.

IMT and NMT compared: The NMT cases followed the IMT, but I worked on six NMT cases before starting the IMT. The striking difference is the complexity of the IMT. As far as I know there was no precedent for the IMT, and little time for preparation: the trial began just six months after the end of the European war. In addition, four different countries (US, UK, France, and the USSR) worked on the prosecution and appointed judges. Both the transcript and the trial documents reflect the complications and sometimes the confusions that resulted. Following the order in the trial (i.e., the transcript) means skipping from box to box in the collection. The transitions in the prosecution case, from one country to another and one subject to another, were not always neat. The document books were not always clearly identified. (One asset is a copy of the published IMT record, 42 volumes, aka the “Blue Set,” which has helpful document lists and indexes—but also its own share of errors and typos.) In contrast, the NMT cases were run by the US alone, and with the benefit of the IMT experience; those cases were much easier to follow and the documents were much better organized and identified. In the IMT work, I have needed to spend more “overhead” time figuring out the proceedings and tracking down the relevant documents, reducing the time available for document analysis.

Whose document is this, anyway? The most confusing IMT material (so far) is in a document book of rebuttal evidence entered late in the trial. It was prepared and labeled as a US document book, but some of the documents that became exhibits were recorded as UK or Soviet exhibits. Our database assumes that a document comes from one and only one source, so in these cases the documents were identified as being US documents, with the UK or Soviet exhibit numbers being recorded in the Notes field rather than the exhibit number field.

Party and state: The judges had considerable reluctance to consider the German government (the cabinet) as being a criminal organization, in contrast to the Nazi party. However, Hitler himself clarified the role of the government in relation to the party, when he told a party meeting in 1935: “It is not the State which gives orders to us; it is we who give orders to the State.”

The SS soldier: One German reported what he heard about a young Waffen SS man in 1943-44: “he could no longer sleep because he had had to take part in such horrible crimes in the East. He hoped he would be killed so that he would not have to carry these memories around with him.” (The soldier died in the war.)

The typist’s message: The 1945 sessions ended on December 20, 1945, and the mimeograph transcript (but not the published Blue Set transcript), marked the occasion: “MERRY CHRISTMAS.”

The HLS Library holds approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg Military Tribunals (NMT). We have posted five trials so far (NMT 1 through NMT 4 and NMT 7) and have completed digitization of all the documents and transcripts. 

We are now engaged in the process of analyzing, describing and making machine readable the remaining trials’ materials in preparation for posting them to the Web. We hope to complete this work as soon as possible based upon available funding.  For more information about this project, please contact Jocelyn Kennedy.

Post by Matt Seccombe, November 3, 2018

During October I covered the IMT prosecution documents on the persecution of the Jews (a phrase that the prosecutors noted was far short of the reality), Germanization, and the first material on the Leadership Corps of the NSDAP [National Socialist German Workers Party], amounting to 157 documents and 663 pages of material. The prosecution detoured from counts 3 and 4 (war crimes and crimes against humanity) to the criminal organizations without any explanation, and will detour back to the plundering of artworks before moving on to the next organization (the Cabinet). For the IMT generally, we now have just over 1200 documents analyzed.

Documentary surpluses and deficits: When the Nuremberg trials staff sorted out the sets of documents for distribution, the folders on the Leadership Corps sent to HLS included a bonus: an extra copy of the trial indictment and an extra copy of the brief on the Corps. What HLS did not receive was a copy of the first document book on the Corps (the other document books are present). All things considered, I would have traded in the duplicates for that document book.

The extermination of the Jews: While official secrecy was maintained, within the regime the extermination of the Jews became explicit policy quickly, both as a military measure and as an end in itself. In Poland Hans Frank was concise: “We must annihilate the Jews.” By June 1943, one report noted that the “special treatment” of the Jews “requires no further discussion,” but some of the tactics were shocking to some people in the regime, such as the removal of dental gold from Jewish prisoners. Also, locking suspected partisan families inside barns and burning them alive “is not worthy of the German cause and hurts our reputation severely.” One paradoxical point in the report was that the atrocities were so extreme that if news of them got out, people “simply would not be ready to believe it.” Finally, in August 1944, Adolf Eichmann matter-of-factly summed up what the SS had done in a talk with a colleague, who recorded it in an affidavit: Four million Jews in the death camps, two million by the einsatzgruppen and similar actions; six million dead.

Germanization: This program had two sides, one to render the occupied territories useful to Germany and the second to gather in all Europeans of “Germanic blood” to the homeland. Frank stated the first task regarding Poland: “Poland shall be treated as a colony, the Poles shall be the slaves of the Greater German World Empire.” Himmler summed up the latter task in 1940: “to create an order of good blood.”

Hitler’s feast: The prize possession of the empire, of course, was to be the Soviet territory. In July 1941 Hitler assumed the military conquest would be swift, and he outlined for his generals a plan to dominate, administer, and exploit the resources, natural and human. What remained, he said, was “the task of cutting up the giant cake according to our needs.”

The HLS Library holds approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg Military Tribunals (NMT). We have posted five trials so far (NMT 1 through NMT 4 and NMT 7) and have completed digitization of all the documents and transcripts. 

We are now engaged in the process of analyzing, describing and making machine readable the remaining trials’ materials in preparation for posting them to the Web. We hope to complete this work as soon as possible based upon available funding.  For more information about this project, please contact Jocelyn Kennedy.

Post by Matt Seccombe, October 2, 2018

During September I worked through the final IMT prosecution documents covering count 2 (aggression), including the war against the US, and began the documents for counts 3 and 4 (war crimes and crimes against humanity, which were presented together), skipping forced labor (those documents are missing from our set), covering the concentration camp system, and the beginning of the persecution and extermination of the Jews (about which, more next month). The document analysis covered 88 documents and 601 pages of material. A lot of “overhead” time was required to track the documents in the transcript and get the relevant files identified and sorted out.

War against the US: Germany’s declaration of war on 11 December 1941 attributed the war to acts of aggression by the US navy, presumably in the course of the US effort to assist Britain. There was no mention of Japan or the events of December 7. Privately, however, Hitler expressed his approval to the Japanese a few days later: “one should strike—as hard as possible, indeed—and not waste time declaring war.” The Germans continued to press Japan to adopt a strategy that would help Germany: to attack the USSR from the east, which would indirectly lead to a British collapse and the isolation of the US. (The US and Britain engaged in similar strategic triangulation late in the war, urging the USSR to attack Japan, which it did at the end of the war.)

Evidence from the camps: The US prosecutor presented one particularly vivid exhibit from Buchenwald, as recorded in the transcript: “This exhibit, which is on the table, is a human head with the skull removed, shrunken, stuffed, and preserved. The Nazis had one of their many victims decapitated, after having had him hanged apparently for fraternizing with a German woman, and fashioned this terrible ornament from his head.”

The ring of silence: In the Justice Case (NMT 3) some defendants claimed that they had no knowledge of crimes committed in SS camps because the SS surrounded them with a “steel ring of silence.” This began at Dachau in 1933, where the commandant’s regulations provided that “agitators” would be hung. Agitators included anyone who “collects true or false information about the concentration camp . . ., receives such information, buries it, talks about it to others, smuggles it out of the camp . . . conceals it in clothing or other articles, throws stones and other objects over the camp wall containing such informations . . . [or] seeks contact with the outside by giving light or other signals . . . .” The punishment reflects the brutality of the regime, but the list of prohibited actions also suggests the determination and ingenuity of the inmates who tried to break through the secrecy.

The HLS Library holds approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg Military Tribunals (NMT). We have posted five trials so far (NMT 1 through NMT 4 and NMT 7) and have completed digitization of all the documents and transcripts. 

We are now engaged in the process of analyzing, describing and making machine readable the remaining trials’ materials in preparation for posting them to the Web. We hope to complete this work as soon as possible based upon available funding.  For more information about this project, please contact Jocelyn Kennedy.

Post by Matt Seccombe, September 7, 2018

During August I continued with the IMT prosecution documents for Crimes against Peace (Count 2), following the expansion of the war after the attack on Poland and the beginning of the war with Britain and France. This covered, in succession, the Nazi attacks on Norway and Denmark; Belgium, the Netherlands, and Luxembourg; Yugoslavia and Greece; and the Soviet Union. (The files on the war with the United States will complete the set.) This covered 116 documents and 472 pages of material. (A water leak in the building required the removal of the documents for safekeeping for two days, reducing production somewhat.) Count 2 covers the outbreak of the war; the crimes committed during the war will be covered by Counts 3 and 4, war crimes and crimes against humanity.

Inconvenient timing: In January 1940, while Germany was proclaiming its respect for neutral countries, a German plane had to make a forced landing in Belgium, and one document found in the plane was a set of orders stating details of the planned occupation of the Netherlands, Belgium, Luxembourg, and northern France. Hitler had been more candid in a conference in August 1939: “Generally speaking, the best thing to happen would be for the neutrals to be liquidated one after the other.”

Guarding the flanks: One common element in the German attacks in the north, west, and south was a need to block British attacks from the North Sea, the Channel, and the Mediterranean. In the planning conferences, Britain was the opponent that Hitler took most seriously. (He considered the USSR to be vast but weak and the US too distant to be a serious threat.) By similar logic, Hitler wanted to threaten his enemies on their flanks, including calls for Japan to attack the USSR and the British Empire in Asia. One consequence of these multiple occupations was that the German military ended up being spread thin over several fronts.

Barbarossa: Hitler explained the rationale for the invasion of the USSR concisely in June 1941, citing Germany’s need for oil and other resources: “What one does not have, but needs, one must conquer.” His prediction for the world’s reaction, made in February 1941: “When Barbarossa commences, the world will hold its breath and make no comment.” His planners made another prediction for the results of the German occupation: “many millions of people [in Russia] will be starved to death.”

The tale of page 62: One of the most important prosecution documents was a speech General Jodl made in 1943 on the background and progress of the war. The full text was entered, and various extracts were also presented to note particular issues. In the primary text, however, page 62 is missing; 307 documents further along, a one-page extract carried a hanger-on: page 62. This raised the question of what to do with the page. From an historian’s point of view I was inclined to move the page to where it should have been, thus providing a complete text of the speech. From an archival point of view, however, the page had been placed with the extract in a separate file in 1945 and had arrived at HLS in that file. The accidental misplacement had become a “fact.” Outcome: page 62 remains where it was, in the second document with the extract, with cross-references between the two documents in the database.

The HLS Library holds approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg Military Tribunals (NMT). We have posted five trials so far (NMT 1 through NMT 4 and NMT 7) and have completed digitization of all the documents and transcripts. 

We are now engaged in the process of analyzing, describing and making machine readable the remaining trials’ materials in preparation for posting them to the Web. We hope to complete this work as soon as possible based upon available funding.  For more information about this project, please contact Jocelyn Kennedy.