New York Newsday
October 7, 1992
Nuremberg: Judgment By Law, Not by Revenge
Review of The Anatomy of the Nuremberg Trials:
A Personal Memoir, by Telford Taylor. Knopf, 703 pp., $35.
There are two widespread misconceptions concerning the tribunal set up in
Nuremberg to consider and punish the atrocities inflicted by the Third
Reich. The first is that it was concerned mainly with the "Final
Solution." The second is that it was an exercise in "victor's justice."
In point of fact, the prosecutors at Nuremberg set out to prove a more
grave and complicated charge of conspiracy to wage aggressive war,
establishing this as the context in which "war crimes" were committed.
And they also (particularly the United States representative, Robert
Jackson) bound themselves and their nations to be held to the same
standard of conduct by which they were judging the Germans. As Jackson
put it in a very fine opening statement:
"That four great nations, flushed
with victory and stung with injury, stay the hand of vengeance and
voluntarily submit their captive enemies to the judgment of the law is one
of the most significant tributes that power has ever paid to reason."
The fixing of this benchmark
very nearly did not take place. Churchill, for one, was violently in favor
of shooting the Nazi leadership out of hand and declaring it "executive
action." Reading this towering memoir by Telford Taylor, former chief
counsel at Nuremberg, makes one aware of what a frightful mistake that
would have been.
The archive established by the
trials made it impossible for any German, or any later revisionist, to
disavow the evidence of fascism. It also made it impossible for any
manufactured grievance about kangaroo courts to arise; some of the leading
conspirators were spared the gallows and some of the junior ones were
actually acquitted for want of evidence. Men like Hermann Goering, who had
started off the trial by smirking and cracking jokes from the dock, had
the grins wiped from their faces by meticulous cross-examiners like Sir
Hartley Shawcross, and by the showing of obviously authentic film of
mass murder and degradation.
Witnesses and affidavits were
produced which it was impossible to refute. Taylor reproduces most of a
statement made by a German construction manager named Hermann Friedrich
Graebe, giving an eyewitness report of an extermination of Ukranian Jews,
which the defense lawyers did not contest. He also reports the admission
made by the repellent Hans Frank, Nazi governor of Poland, that indeed
he had taken part in genocide and that: "A thousand years will pass and
still this guilt of Germany will not have been erased." Tough reading
though it makes, the indisputable proof of every kind of barbarism,
including the collection of Jewish Communist skulls for the purpose
of pseudo-scientific experiment, is a record of infamy which needed to
be established "objectively."
Not that the objectivity was
without flaw. The subject of serial bombardment of civilians, for
example, was one which had to be circumnavigated with some hypocrisy
and nervousness after Dresden. And the Soviet lawyers and judges
managed to have the Nazis blamed for a crime the Katyn forest
massacre in Poland which Stalin himself had ordered. There were
all kinds of squabbles and jealousies within and among delegations of
the "victors." However, according to Taylor, these were usually
subordinated to the consciousness of the scale and intensity of the
task at hand.
By the time they met the
hangman, or in some cases by the time they killed themselves in their
cells, the Nazi leaders had confessed, or persisted in bombastic
and unbelievable denials, or fought publicly among themselves, or
proclaimed fanatical allegiance to a dead Führer. In one way or
another, that is to say, they had been fully and completely disgraced
before the world and before the German people they had oppressed and
misled for so long. This must be reckoned a real and lasting
achievement.
In his closing pages, Telford
Taylor takes up Robert Jackson's promise to uphold the Nuremberg
standard as an international and consistent one, and refers to
later trials such as those of Klaus Barbie and William Calley. He
believes that there should be a tribunal, established on a neutral
basis such as the UN, and given jurisdiction to hear charges against
the soldiers of any nation. "The laws of war do not apply only to the
suspected criminals of vanquished nations. There is no moral or legal
basis for immunizing victorious nations from scrutiny. The laws of war
are not a one-way street." This conclusion, and this knowledge, was
dearly bought, as these imperishable pages demonstrate.