Crimes of the Holocaust: The Law Confronts Hard Cases

Notes

Notes Chapter 1 1. Quoted in Whitney R. Harris, Tyranny on Trial (Dallas, Tex.: Southern Methodist University Press, 1954), 4. 2. The phrase "United Nations" was originally used in 1942 to signifY that group of nations, including the United States, Britain, the Soviet Un~on, China, and twenty-two others, that had joined together to fight Germany, Japan, and Italy (the Tripartite Pact powers). See Telford Taylor, The Anatomy of the Nuremberg Trials (Boston: Little, Brown, 1992), 26. 3. Quoted in Eugene Davidson, The Trial ofthe Germans (Columbia: University of Missouri Press, 1997), 5-6. 4. Quoted in Ann Tusa and John Tusa, The Nuremberg Trial (New York: Atheneum , 1984), 54. 5. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 31. 6. Quoted in ibid., 37. 7. Quoted in ibid., 38. 8. Quoted in Drexel A. Sprecher, Inside the Nuremberg Trial: A Prosecutor's Comprehensive Account, 2 vols. (Lanham, Md.: University Press ofAmerica, 1999), 31. 9. Quoted in William]. Bosch,judgment on Nuremberg (Chapel Hill: University of North Carolina Press, 1970), 25. 10. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 54. 11. Francis Biddle, In BriefAuthority (Garden City, N.Y.: Doubleday, 1962), 81. 12. George Frost Kennan, American Diplomacy 1900-1950 (New York: New American Library, 1961), 95. 13. Presidential Executive Order No. 9547, May 2, 1945, "Providing for Representation ofthe United States in Preparing and Prosecuting Charges ofAtrocities and War Crimes Against the Leaders of the European Axis Power and Their Principal Agents and Accessories." 14. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 59. 15. Ibid., 59-72. 16. Robert H. Jackson, International Conference on Military Trials (Washington, DC: Government Printing Office, 1947), 432, quoted in Sprecher, Inside the Nuremberg Tria~ 2. 17. Jackson, International Conference on Military Trials, 11, quoted in August von Knieriem, The Nuremberg Trials, trans. Elizabeth D. Schmitt (Chicago: Henry Regency Company, 1959), 116. 18. Ibid. 19. Quoted in Tusa and Tusa, Nuremberg Tria~ 123. 276 Notes to Pages 17-44 20. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 87. 21. G. M. Gilbert, Nuremberg Diary (New York: New American Library, Signet Books, 1961), 15. 22. Davidson, Trial ofthe Germans, 26. 23. Quoted in Sprecher, Inside the Nuremberg Tria~ 140. 24. Gilbert, Nuremberg Diary, 54. 25. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 153. 26. Quoted in ibid., 156. 27. Quoted in ibid., 157. 28. Biddle, In BriefAuthority, 401. 29. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 168. 30. Quoted in Sprecher, Inside the Nuremberg Tria~ 176. 31. Taylor, Anatomy ofthe Nuremberg Trials, 174. 32. Quoted in ibid., 173. 33. Quoted in ibid., 176. 34. Sprecher, Inside the Nuremberg Tria~ 530. 35. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 201. 36. Ibid., 186. 37. Quoted in Lawrence Douglas, "Film as Witness: Screening Nazi Concentration Camps Before the Nuremberg Tribunal," Yale Law]ournal105 (1995): 449, 450. 38. Taylor, Anatomy ofthe Nuremberg Trials, 187. 39. Douglas, "Film as Witness," 454, 465 n. 64. 40. See Daniel Jonah Goldhagen, Hitler's Willing Executioners: Ordinary Germans and the Holocaust (New York: Knopf, 1996). 41. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 185. 42. Quoted in Sprecher, Inside the Nuremberg Tria~ 226. 43. Quoted in ibid., 454-55. 44. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 248. A somewhat different version of this statement would feature significantly in the Eichmann trial. 45. Of the 2,100 documents introduced by the prosecutors at Nuremberg, 800 came from the French. 46. Tusa and Tusa, Nuremberg Tria~ 195. 47. Quoted in ibid., 197. 48. Quoted in Sprecher, Inside the Nuremberg Tria~ 317. 49. Northern Securities Co. v. U.S., 183 U.S. 197, 401 (Holmes,]., dissenting). 50. Taylor, Anatomy ofthe Nuremberg Trials, xi. 51. Quoted in Tusa and Tusa, Nuremberg Tria~ 439. 52. Quoted in Robert E. Conot,Justice at Nuremberg (New York: Harper & Row, 1983), 319. 53. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 202. 54. Biddle, In BriefAuthority, 432. 55. Quoted in Conot,]ustice at Nuremberg, 337. 56. Quoted in ibid., 338. 57. Quoted in Taylor, Anatomy ofthe Nuremberg Trials, 347. 58. Quoted in ibid., 362. 59. Quoted in ibid., 378. 60. Quoted in Sprecher, Inside the Nuremberg Tria~ 923. 61. Taylor, Anatomy ofthe Nuremberg Trials, 599. 62. Quoted in ibid., 387. 63. Quoted in Sprecher, Inside the Nuremberg Trial, 952. Notes to Pages 45-60 277 64. Quoted in ibid., 1040. 65. This conclusion was placed in doubt after the trial, when further evidence regarding a series of Fritzsche's...