Sunday, November 18, 2007

Einsatzgruppen Trial The case
All defendants were charged on all counts. All defendants pleaded "not guilty". The tribunal found all of them guilty on all counts, except Rühl and Graf, who were found guilty only on count 3.

Crimes against humanity through persecutions on political, racial, and religious grounds, murder, extermination, imprisonment, and other inhumane acts committed against civilian populations, including German nationals and nationals of other countries, as part of an organized scheme of genocide.
War crimes for the same reasons, and for wanton destruction and devastation not justified by military necessity.
Membership in criminal organizations, the SS, the SD, or the Gestapo, which had been declared criminal organizations previously in the international Nuremberg Military Tribunals. Indictment
Note 1: Rasch had to be removed from the courtroom during the arraignment due to his poor health; he was arraigned separately on September 22, 1947.
Note 2: Strauch suffered an epileptic attack during the arraignment on September 15, 1947. His defense later tried to get him removed from the trial on medical grounds, but the tribunal dismissed this, stating that Strauch's testimonies (which he did give subsequently) were coherent and showed no reason why he shouldn't be mentally capable to stand trial.
Note 3: While Fendler was found guilty on all counts, the tribunal considered the evidence presented insufficient to prove that he ordered or helped plan the killings. He seems to have held primarily an office post.
Note 4: Rühl was found guilty only on count 3; regarding counts 1 and 2, the tribunal found him not guilty, stating that as a subaltern officer, he was not responsible for the atrocities committed by Einsatzgruppe D and in no position to prevent them, and although he knew of the killings, it could not be proved that he directly participated in them.
Note 5: Graf was found guilty only of membership in the SD. He had actually been expelled from the SS for "general indifference to the organization" [2] and later had tried to be relieved from the SD [3]. On counts 1 and 2, he was also found not guilty, because as a noncommissioned officer, he had never held any command post, and in fact even refused one once. (ibid.)
Of the 14 death sentences, only four were carried out; the others were commuted to prison terms of varying lengths in 1951. In 1958, all convicts were released from prison.

Quotes

Commissar order, an order stating that Soviet political commissars were to be shot on the battlefield.

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