Report of the Deputy Judge Advocate for War Crimes, European

257 Pages·2007·13.73 MB·English

by  United States.

R E P O R T
of the
DEPUTY JUDGE ADVOCATE FOR WAR CRIMES
June 1944
to

July 1948
This report was submitted by the Deputy gJudge Advocate for War
Crimes, European Command, Lt, Colonel C, E. Straight, to the Judge
Advocate, European Command, Colonel James LoHwbaugh, Jr., pursum.t,
to the requirement of letter, Head.qu~;rters,United States Forces,
European Theater, to Theater Judge Advocate, f f le AG. 322 JAG-,GO,
subject: "~nactivationo f Wax. Crimes Ac;-f;iv%ties", 7 March
The report covers the pre-trial and trial, phases of that portion of
the war crimes program, dealing with the so-called conventional war
crimes cases, conducted by the United States Mflitmy Forces in
Europe between the dates June 1944 and July 1948, D~sof'aras the
post-trial phase of the program is concerned it covers only the
initial reviews and recommendations prepared directby uder the
Deputy Judge Advocate for Was GrSmes which smre submitted to the
Judge Advocate, United States Forces, European Theater, for his
further consideration and action,
The report does not deal with the fi~mlr.evfew operatfoim of
the Theater Judge Advocate, nor wfth subseque3nt post-f-,riaP action
relating to modification and clernemy. Nor does it reflect the
legal proceedings thereafter initiated by the aceused In Federal
Courts, Accordingly, reference must be made to later reports or
other official reco~dsi n order to determine subsequaaz+,action or
final disposition of my case.
-
T A B L E O F C O N T E N T S
. . . . . . . . . . .
11. AD1INISTRATION. , 5
A. First Phase 5
B Second Phase 6
C. Third Phase 5'
. . . . . . . . . . . . . . . . . . . .
111. PHASES. , , 13
A. Prelimlmy 13
1. Exploration of Legal Problems 13
2. Mission Directives 14
a. Reports and Investigations 14
b. Apprehension and Detention 1.5
c. Trials 16
d. Extradition 16
3. Operational Responsibility 17
a, Reports and Investigations 17
b. Apprehension and Detention 17
B. First Phase
1. Mission Directives
a. Reports and Investigations
b. Apprehension and Detention
c. Trials
2 Operational Responsibillty
a. Judge Advocate.-Sections
b. War Crimes Investigating Teams
3. Coordination with Other United Rations
C. Second Phase
1. Trial of Leaders of European Axis
2. Mission Directives
a. Scope
b. Operational Responsibility
c. Reports and Investigations
d. Apprehension and Detention
e. Trials
3. Coordination with Other United Nations
4. Extradition
D. Third Phase
1, Operational Responsibility
2. Was Crimes Installations
3. Completion of Mission
Table of Contents (contd)
-Paxt
IT, COIJX@rION AND DEVELOPMENT OF EVIJEJYCE:. 32
0 e 0 0 e
A. Collection of Documents 32
B, Investigations 35
. . . . . . . . . .
V. APP~SIONANDD~WTION., 40
A. Apprehension 40
B. Detention 42
. . . . . . . .
VII, LOP^ OF LEGAL PRIMCIPL;ES , , 52
A. General 52
B, Conventions 54
1, Geneva (Prisoners of war) Convention of
27 July 1929 54
2, Geneva (~edCross) Convention of 27 July
1929 55
3 Hague ConventionNo, IV of 18October 1907 55
4, h e x t o Hague ConventionNo, ITof
18October 1907 55
C, Charges and Particulars 55
E, Jurisdiction 57
1, Offenses Committed Prior to Entry in War 57
2. Offenses Committed Outside US Zones of
Oacupation 58
3 Status of Victim 58
4. Double Jeopardy 59
5. civilians ae War Criminals 61
P, common ~esign 61
1, General 61
2, Separate Substantive Offense 62
3, German Tiationals Victims 62 -
$8
L
Go Superior Orders 63
1, General 63
2. Administrative Regulations 64
H, Certain Questions of Responsibility 64
1, Admfnistratlve Determination of Guilt 64
'
2, Military Necessity 65
30 Participation inMob Action 65
4, Intervening Killer 66
I1
Table of 'Contents (contd)
m m
VII. m L O P m OF PRDCIl?rnS (contd)
I. Evidence 66
1. General 66
2, Best Evidence Rule 67
3. Reasonable Doubt and Presumption of
. Innocence 67
z
Judicial Xot:ca /-
i
5. Extrajud5cial Sworn Statements
J. Conduct of Trial
1, Plea of Guilty
2, Absence of Accused During Trial
3. sentences
. . . . . . . . . .
VIII, 2GVIEW OF RECORD3 OF TRUL, , , , 71
A. Reviewing Authority 71
B. Reviews and Reeomnda,-bions 71.
. . . . . . . . . . . . . . . .
.
IX. EXTRADITION. , 73
a a
A. Scope of Mission 73
B. Furnishing Leads to Othsr mations 74
C. Procedure 74
1, Clearances 74
2. Clearances re lndivf duals of Diplomatic
Level Interest 75
3. Individuals Located in Austria 76
4. Extradition to Mon-United Mations 77
D. Operatic~s 77
A, Conclusions '19
1. Central Recording Agaxey 79 ,
2. Prompf Development of Cases 79
3* bte;~tion 80
4. Ceatralization of 0peraZ:ioml Responsibility 80
5., Type of"Unit 8%
.
B Recommendations 8s
. . . . . . . . .
TABL;EOFF0O. T.N O2.E RE.i? ~.C ES.e . . ., . . . . . .a , . . . 83
APPENDICES. , , , , , , 90
-
LIST OF mmmICES
NUMBER IXESCRIPTION PAGE -=-.
I Chart Showing Organization of War Crimes Group 91
in July 1945,
I1 Graph Depicting Personnel. Strength of War Crimes 92
Group 1945 to l.948,
111 @hmtS howI- OZ'gaIlf~8ti0ll of W m Cl?iE@8 GPOUP b 93
July 196,
IT Table of" Allowanoaa no, 1119 for 7708 War Crimes 94
Group, 28 October 1946,
Y General, Orders No, 304, Eeadquarters, United States 102
Poreos, European Thea-ker, 26 October 1946.
-tn: General Orders No, 3, Headquarters, 7708 War Crimes 103
Group, Unitsd States Forces, European Theater,
1 ITosember 196,
Chart Showing Organization'of War Crimes Group in 110
Decambes 1946,
Cfreular 132, Headq&@~~-United Statas Forces, 111
European Theater, subj~c+:'f In~estlgatioazo f" War
Grims,' 2 October 19h5,
Letter, Eeadydars, UnAted St,ettJes Forces, European 117
Theabr, -B;oTheator Judge Advo~a%@f,ile AG 000,5
GAP-AGO, aubJsolz aPlklfmry-to Other United 6\Tations
and Italy of Persons kcused of War Crimes a d o f
Witae~sesmd Evidezse Required in the Trial of' Wax
Grrime~,"13 SeptxJrnber 19k5,
Letter, Headqu&ars, Unii-ked States Forces, European 119
Theater, to Third Unf ted Sha%eaAsmy, file AG O00,5
''
l~'TG-AW, subJeat:: Trfd of War Crimes Cases,
14 October 1946,
LgtZ;e.r, Headquarters, European Command., to First I 2;
Militmy District, fils AG 383 (WC) ZAG-AGO, subject.:
'gRedesigna%foaa of Cent,ral Suspect and Witness
Enclosure," 2% March 1947,
GorreIsxtf on and Ree oruag Syatazm. 126
I1 Stanclad Operating F'rocedme No. 3, Headqumters, 135
7708 War Crimes Group, European Comms~nd, s.ubject :
"Ga%l aring and Processing of Bulk Enemy Docments,"
15 14ay 19b7.
Standard Operating Procedure No, 5, Headquarters, 138
7708 War Crimes Grouy, European Command, subject:
"F~ocessirgo f 'Reports of War CrimesD and
(hvestigatfona of War Crimes' Involving Only
llationals of Other Goverszments," 15 May 1947.
PiSuggestiona to Investigators of War Crimes, " 141
Headquarters, European Theater of Operations,
United States Army, Office of %he Thea,t3r Judge
Advocate, 18 April 1943, a d C hange I thereto,
29 Oc tober 1945.
XVI: Standard Operating Procedure No, 6, Headqua;r%ers 1.53
7708 War Crimeu Group, European Command, subjact:
"Standard Case Ar~~I.ysiNs omenclatures, 15 May 1947.
"
S t m d ~ dOperating Procedure Hoe 7, Headquarters 157
mx
7708~arCrimesGroup,EuropeanCommand, subject:
''Establishment and Maintemm~eof Priorities in the
Development of Cases, " 15 May 1,947.
XVIII Graph Depietirg Cases Docketed, Administrat'rvely 160
Closed, and Tried by Wax Crimes Grow 1945 to 1948.
XIX Letter, Headquarters, United Sates Forces, 169,
'
European Theater, t o Eastern Militmy District, st
al,, file AG 2.50,4 JAG-AGO, subject: ''Milftaxy
Cornissfom," 23 Angust 1945.
XX Exkraot Prom for the Trial of War Crimes 165
and. Relat,ed Gases," 17 July 1-946, as mended,
XXI Graph Depiatix~Rates at 'Mklch #a?? Crimes Cases 203
Were Tried and Revi ewed, 1945 to 1-948,
XXII Data aa to Cases TrLed, 204
XXIII War Crimes Group Fom No. 21 &~.umma.royf Infomnation 248
~orm),B eadqu.arters, 7708 War Crimes Group,
European C o m a .
XXN Tabulat,ion by Nations of Exbrailltion Requests 249
and their DispositTon..
In addition to the other dutiea a ~ rdesponsibilities imposed
upon the Judge Advocate, United States Armed Forces in Europe, he
-.
was &signed the duty of developing the evidence in war crimes case8
and the trial thereof. This operatiion is aptLy described by the .
Supreme Court of: the Uai%ed States as a second p h ~ oef war, i,e.,
the seizing and aubjectinp; to discipline %hose of the enemy who, fn
their attempt t o thwart or Impede our military eff orb, violated the
law of war, Because of the unprecedented developments in this war,
thia task wars wfthout p8rdlal both from the standpoint of its
magnitude and the novel questiana of international law involved,
This report relative t o the war crimes operation covers the
period from June 1944 t o July 1948, The command comprising the
United Statas Amed Forcee Ixl Europe was known as "%uropeanTheater
of Operations, United S%ates Army," until 1 July 1945; EM 'Wnited
States Forces, J3uro~ea.nT heater, from tba%date to 15 PWch 1947;
"
and ss '!European Command, " following the lakter date, Each of thesa
commands ordinarily will, be herei&"&er referred to as the "%wropean
Theater." The title of "Cormandiq C&neral." WM applied to the
commander of" the firat two eommm~ds, and the title of' "Commander.-in-
Chief" is applied t o ths commander 0% the European Command, The
commander of each of these commmds ordi~imilyw i l l be hereinafter
referred to as the "Theater Comdar, Ti?%Supreme Commander,
"
Allied ExpedStiomy Force, was also Commanding General, European
Theater of Operations, United States Army, The unified command of
Allied Expeditionary Force was terminated on 13 July 1945. The
Supreme Headquarters, Allied Expeditionary Force, w i l l ordinarily
be hereinafter referred to as "SHAE.F," The principal legal officer
of the European Theater of Operations, United States Army, and the
United Skates Forces, Europeau Theater, was designated as the
"Theater Judge Ad~ocate,'~U pon %he organization of the European
Commarnd he was designated as the "Judge Advoeate, European Co?ntnand,"
. The principal legal officer of these three commands w i l l ordinarily
,
be herairntsr referred to as the "Judge Advocate."
In carrybg out the assigned w m crimes mission, the Judge
Advoeate operated throngh the WELL- Crimes Group, which formed a part
of his off ice, until Ib Novelflber 1946, On that date the War Crimes
Group was organized as a unit, designated as ?'7708 War Crimes Group."
Both these ageaofes ordinarily w i l l be hereinafter rkferred to as
the "War Crimes GroupOgrT he Dcsputy Judge Advocate for War Crimes
Ir
w i l l ordinarily be hereh-E"tar referred to as "Deputy Judge Advoeate."
Ha, was in charge of the War Crimea Group of the Judge Ad~ocate~s
Wfiee. Mter the orgdza%iono f 7708 War Crimes Group, the Deputy
Judge Ad-sroeate served. cot only as such staff officer of Headquarters,
Emapean Theater, but also rn Coumndirg Of'iicer, 7708 War Crimes
Group.
Because of change3 in the apposite mission directives, in the
organization of'war crimes agencies, and in the assignment of