Einsatzgruppen trial
The United States of America vs. Otto Ohlendorf, et al., commonly known as the Einsatzgruppen trial, was the ninth of the twelve "subsequent Nuremberg trials" for war crimes and crimes against humanity after the end of World War II between 1947 and 1948. The accused were 24 former SS leaders who, as commanders of the Einsatzgruppen, were responsible for the mass killing of more than a million victims in the Eastern Front.
The Einsatzgruppen trial was held by United States authorities at the Palace of Justice in Nuremberg in the American occupation zone before US military courts, not before the International Military Tribunal. All of the accused were found guilty: fourteen were sentenced to death by hanging and eight received prison sentences ranging from life imprisonment to time served. Two were only convicted of being a member of an illegal organization, one committed suicide before the arraignment, and one was removed from the trial for medical reasons. Otto Ohlendorf, Erich Naumann, Paul Blobel, and Werner Braune were executed in 1951 while the others sentenced to death had their sentences commuted.
The trial marked the first use of the term genocide in legal context, being used by both the prosecution and by the judges in the verdict.
The case
The Einsatzgruppen were SS mobile death squads, operating behind the front line in Nazi-occupied Eastern Europe. From 1941 to 1945, they murdered around 2 million people; 1.3 million Jews, up to 250,000 Romani, and around 500,000 so-called "partisans", people with disabilities, political commissars, Slavs, homosexuals and others. The 24 defendants in this trial were all commanders of these Einsatzgruppen units and faced charges of war crimes and crimes against humanity. The tribunal stated in its judgment:The judges in this case, heard before Military Tribunal II-A, were Michael Musmanno from Pennsylvania, John J. Speight from Alabama, and Richard D. Dixon from North Carolina. The chief of counsel for the prosecution was Telford Taylor; the chief prosecutor for this case was Benjamin B. Ferencz. The indictment was filed initially on July 3 and then amended on July 29, 1947, to also include the defendants Steimle, Braune, Haensch, Strauch, Klingelhöfer, and von Radetzky. The trial lasted from September 29, 1947, until April 10, 1948.
Indictment
- 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 of criminal organizations, the SS, the Sicherheitsdienst, or the Gestapo, which had been declared criminal organizations previously in the international Nuremberg Military Tribunals.
Defendants
The presiding judge, Michael Musmanno, explained his rationale for sentencing while testifying at the Frankfurt Auschwitz trials in the 1960s. He had chosen to impose death sentences in all cases where the defendant had actively participated in murder and failed to present mitigating circumstances. For example, although Erwin Schulz confessed to presiding over the execution of 90 to 100 men in Ukraine, he received a 20-year sentence since he had protested an order to exterminate all Jewish women and children, and immediately resigned when he was unable to get the order retracted. Superior orders was rejected as a defense.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.