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Volume IV · Page 517
| After his attack on the reliability of the
report defense counsel states — |
"It is in no way intended to disclaim the assertion that executions were carried out by the Einsatz and Sonderkommandos subordinate to the Einsatzgruppe while Naumann was Chief of Einsatzgruppe B." |
| But he states that perhaps the report erred
because the number of executions appeared "much too high". In other words, Dr.
Gawlik claims that the numbers are incredible. To say that these figures are
incredible is an entirely credible and sane observation. This whole case is
incredible. This is a case where the incredible has become the norm. It is not
necessary to look at the reports to be shocked with incredulity. Many of the
defendants themselves made statements on the incredulous things which they did.
Naumann asserts that he did not transmit the Fuehrer Order but that it was in effect when he arrived. From this he seems to argue an absence of guilt. But Naumann had the power of command. |
"The law of war imposes on a military officer in a position of command an affirmative duty to take such steps as are within his power and appropriate to the circumstances to control those under his command for the prevention of acts which are violations of the law of war." (Judgment, Military Tribunal 1, Case No. I, the United States of America against Karl Brandt, et al., page 70.) [See |
| Naumann met from time to time with his
Kommando leaders. He knew that they were giving full effect to the Fuehrer
Order. He knew that executions were taking place and even stated that if any of
his subordinates had refused to carry out the order, he would have taken
disciplinary action against them. Then it is to be noted from Naumann's own testimony that he knew of the liquidation order even before he took command of the Einsatzgruppe. He testified — |
"* * * I was ordered to Heydrich and I received clear orders from him for Russia. Now, first of all, I received the Fuehrer Order concerning the killing of Jews, gypsies, and Soviet officials * * *. " |
| The Tribunal finds as a fact from all the evidence in the case that Naumann was aware of the Fuehrer Order and that he carried it into effect. The only defense left him is that of the so-called superior orders. Did he agree with the order or not? If he did not and this was compelled by chain of command and fear of drastic consequences to kill innocent human beings, the avenue of mitigation is open for consideration. If, however, he agreed with the order, he may not, as already demonstrated in the general |
