war crimes

This War Crimes Prosecution Is Vengeance, Not Justice

/ Jack Marshall / 29 Comments

After Ethics Alarms looked at the case of a German tennis player freaking out because a fan quoted the Nazi-era lyrics of the German National anthem while he was playing a match, I found out that the German justice system has metaphorically said, “Hold my beer!”

German prosecutors announced last week that they have charged a 98-year-old man with being an accessory to 3,300 murders because he served as a guard at the Sachsenhausen concentration camp between 1943 and 1945. The indictment states that he “supported the cruel and malicious killing of thousands of prisoners as a member of the SS guard detail.”In recent years, German courts have ruled that people who helped a Nazi death camp function can be prosecuted as accessories to the extermination there without direct evidence that they participated in any particular deaths.

If a trial goes forward, the unnamed defendant will be tried as a juvenile. He was only 17 when he was required to be a concentration camp guard.

I certainly hope putting a 98-year-old man through the ordeal of a trial and, if he lives long enough, imprisonment for not opposing the Hitler regime as a teenager when the adults around him were going mad makes Germans feel better.

The fact that this cruel prosecution is being brought underlines the deep cultural problems that led Germany to Hitler, and shows that they still are distorting the nation’s understanding of right and wrong.

Thank God It’s The Friday Ethics Warm-Up For The Weekend, 10/8/2021, Dedicated To Mrs. O’Leary’s Cow

/ Jack Marshall / 19 Comments

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Mrs. O’Leary’s cow may be the most unethically maligned animal in U.S. history. On October 8, 1871, something caused flames to spark in the Chicago barn of Patrick and Catherine O’Leary. The resulting two-day conflagration killed 200-300 people, destroyed 17,450 buildings, left 100,000 homeless and caused about $4 billion of damage in today’s dollars. While the fire was still raging, The Chicago Evening Journal reported that it all started “on the corner of DeKoven and Twelfth Streets, at about 9 o’clock on Sunday evening, being caused by a cow kicking over a lamp in a stable in which a woman was milking.” Then a verse to a popular song was added; pretty soon it was the only verse anyone remembered:

Late one night, when we were all in bed,
Mrs. O’Leary lit a lantern in the shed.
Her cow kicked it over,
Then winked her eye and said,
‘There’ll be a hot time in the old town tonight!’

There was never any convincing evidence that a cow started the blaze. The O’Learys had five cows, and they didn’t have names. It’s not even a sure thing that the fire started in the barn, but Mrs. O’Leary was a Catholic woman and an Irish immigrant, and Chicagoans were eager to have a scapegoat, or rather scapecow. One prominent historian who has studied the inquest transcripts believes that the true culprit was an O’Leary neighbor named Daniel ‘Pegleg’ Sullivan, who hobbled into the O’Leary barn to smoke a pipe, which then fell into a pile of wood shavings and subsequently started the fire. Nonetheless, Catherine O’Leary was ostracized, and became a recluse. In 1997, the Chicago City Council officially exonerated Mrs. O’Leary and her cow, which did just about as much good for Mrs. O’Leary as for the cow.

1. A new book shows that I have not lived in vain! Yesterday, a line from a depressing movie called “Kodachrome” sent me into one of my funks. During one of the many arguments between a dying artist and his middle aged son who hates him, the father (Ed Harris) sneers that he may have been a neglectful father, but at least he would leave something of importance when he died, unlike his son, a failed rock band recruiter for a record label. By purest luck, today I received a complimentary copy of “Reginald Rose and the Journey of 12 Angry Men,” a fascinating and thoroughly researched account of how the TV screenplay and the film came to be the iconic works they are. Author Phil Rosenweig also tells the weird story of how Rose lost control of the stage version of his work, and how for years the only script one could legally perform was a hack adaptation of the movie by a writer who didn’t understand it. Well, I’m part of that weird story, as is my old theater company, “The American Century Theater,” which became the first professional theater in the U.S. to present the screenplay on stage. Many were involved in the success of that production, including my wife,Grace, who produced the script by meticulously typing the screenplay from a recording of the movie (this was before the internet), and NPR critic Bob Mondello, who traveled by bus, in the rain, to a converted school auditorium to see the production, which he gave a sensational and much circulated review. There were many twists and turns after that, but eventually Rose’s version of “12 Angry Men” became the play most theaters produce. He got the respect he deserved, the endurance of the play, which is a genuine classic (I directed it four times) is assured, and yes, I was part of the reason why. Rosenweig, who interviewed me, accurately relates my role in the off-stage drama. You can find the book on Amazon, and here.

Now I can die in peace.

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Comment Of The Day: “The Hanging Of Henry Wirz”…And Thoughts On Who Is Worthy Of A Memorial

/ Jack Marshall / 4 Comments

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Michael West’s latest Comment of the Day was a provocative note relating to the recent post marking the execution of Capt. Henry Wirz, the Confederate commander of the infamous Andersonville prison camp and the defendant in the first American war crimes trial. Apart from the information, his comment also prompted some research and thought on my part. There are ethical conundrums afoot.

I’ll be back to discuss them after Michael West’s Comment of the Day on the post, “The Hanging of Henry Wirz”:

And there’s a monument in memory of Henry Wirz smack dab in the middle of the “main” intersection of Andersonville. The town, which literally had NO connection to Wirz outside of circumstance…has a monument to the man. At least when Southerners were given the option to erect monuments and name installations, they generally associated places with Southerners who had geographic connections with the locale.

Like Fort Bennin: with a military career earning no more than a “yeah, he was there” mention, Fort Benning is named after a man who happened to be born near there. But Henry Wirz gets a monument in the town associated with his notoriety. Perhaps it would be fair to let his monument be the last torn down by the history-eaters, if only to remember that lethal scapegoating is wrong, however temporarily useful.

I’m back with more on this topic:

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The Hanging Of Henry Wirz

/ Jack Marshall / 21 Comments

Andersonville photos

On this date in 1865, Henry Wirz, the Confederate commandant of the infamous Andersonville prisoner of war camp in Georgia, was hanged after the war crimes trial that became the precedent for the Nuremberg trials after World War II.

I know the story of Captain Wirz and the circumstances of his trial well, having directed Saul Levitt’s great ethics play “The Andersonville Trial” twice. Not that Levitt’s play was an accurate portrayal of the trial—for one thing, Wirz’s dramatic stage testimony defending himself never happened. However, Levitt brilliantly brought to the fore the deep hypocrisy of Wirz’s scapegoating after the Union victory. Not only were the atrocities at Andersonville no worse than those at some Northern prison camps, Lincoln and Grant deliberately provoked the crisis in managing such camps by the South when they made the tactical decision not to engage in prisoner exchanges.

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Saturday Ethics Warm-Up, 2/15/20: Dresden, Bloomberg, Snopes, Climate Change, And “The Chalkening”

/ Jack Marshall / 17 Comments

Good Morning…

1. Dresden bombing ethics. February 13-15, 1945 witnessed the Allied firebombing of Dresden, Germany, with the resulting deaths of between 22,000 and 135,000 civilians. depending on whose propaganda you choose to believe. Regardless of the number, the destruction of the German cultural center and questionable military target so late in the war—after its loss in the Battle of the Bulge, Germany’s defeat was just a matter of time—was instantly controversial, and is still intensely debated today.

The attack, which dropped more than 3,900 tons of high-explosive bombs and incendiary devices on the city, destroyed more than 1,600 acres. By all accounts, the human toll was horrific. Lothar Metzger, a survivor, wrote,

We saw terrible things: cremated adults shrunk to the size of small children, pieces of arms and legs, dead people, whole families burnt to death, burning people ran to and fro, burnt coaches filled with civilian refugees, dead rescuers and soldiers, many were calling and looking for their children and families, and fire everywhere, everywhere fire, and all the time the hot wind of the firestorm threw people back into the burning houses they were trying to escape from.

Was the firebombing of Dresden a war crime?  If the Allies had lost the war, it would have become a war crime. As we have discussed here before, the concept of war crimes is confounding and hypocritical at best. If the attacks were deemed essential to ending the war as soon as possible, then they were ethically defensible.

Much of the debate over the years has focused on whether the bombing was terrorism. Of course it was, as were the atom bombs dropped on Hiroshima and Nagasaki, and General Sherman’s March to the Sea. Terror is a legitimate weapon in warfare, when the objective is to destroy the enemy’s will to fight. Attacks on civilians for revenge and to inflict gratuitous death and pain for no legitimate strategic purpose are unethical . The distinction is usually in the eye of the beholder.

Wikipedia has an unusually thorough article on the Dresden attack, and I found this paper interesting as well. Continue reading →

Morning Ethics Warm-Up, 1/31/2020: A Man’s Home Is His Box, And More…

/ Jack Marshall / 16 Comments

Hello, Ethics Alarms, Good-bye January…

Between the nauseating impeachment charade and baseball’s cheating scandal (and the largely ethically ignorant commentary regarding it),  the bias of the mainsteam media reaching critical mass in episodes like this and the Don Lemon panel’s mean girls mockery of those dumber than dumb Trump supporters, mounting evidence that Democrats are going nuts based on the rise of a superannuated Communism fan in the race for the party’s Presidential nomination, and, of course, my wife doing a face-plant into some asphalt,  it was a not a happy 31 days at The House of Ethics.

Amazingly, it has been a very good month for the President, becoming the first POTUS to unequivocally endorse the anti-abortion movement by appearing at the March for Life, cutting a partial deal with China, ridding the world of Qasem Soleimani (and in doing so, prompting  his domestic foes, including the news media, to publicly sympathize with a terrorist and a nation that habitually calls for America’s destruction), releasing a Mid-East peace plan that is garnering support everywhere but from Iran, the Palestinians, and, of course, the U.S. media, and seeing economic figures so good even the New York Times has been forced to acknowledge them, all while being called every  name in the book and an existential threat to democracy on C-Span by the Democratic House impeachment managers.

1. “Dolemite Is My Name” We finally watched “Dolemite Is My Name,” (on Netflix), Eddie Murphy’s homage to comic Rudy Ray Moore and  his 70s Blaxploitation film “Dolemite.” So much for my proud claims of cultural literacy: I never heard of  Moore or his film, which is apparently a genre classic. Moore is regarded as the Father of Rap; how did I miss this for so long? Murphy’s movie tells the mostly true story about how a group of complete novices, led by Moore, made an exuberantly idiotic movie (faithful to Moore’s formula for success with black audiences: “Titties, funny, and Kung-Fu”) for $100,000 that grossed 10 million.

The movie is fun as a black version of “Ed Wood” (same screenwriters, I discovered later) and won some awards. For it to be make any 2019 Ten Best lists, however, is blatant race pandering by critics. Continue reading →

Morning Ethics Warm-Up, 1/8/2020: War, Defamation, Bias, Abortion…What Fun.

/ Jack Marshall / 33 Comments

“

ARRGH!

Another day, another “crisis”…

Current reports indicate that Iran regards its casualty free missile strikes last night as a sufficient “tat” for the killing of their master terrorist “tit.” If so, the “ARRGH! WORLD WAR III!!” anti-Trump hysterics were, as usual, wrong, and just embarrassed us, nothing more.. Meanwhile, Iran is refusing to hand over the black box of the Ukrainian airliner that just coincidentally crashed right around the time the missiles were flying. The fact that so many Democrats have allowed their brains and loyalty to rot to the extent that they defend  this awful place in order to attack their own nation’s President is all we need to know about the trustworthiness of their party.

1. Wrapping up the Golden Globes’ ethics issues…Michelle Williams is getting predictable hosannas from her acceptance speech at the Goldden Globes, in which she thanked abortion for her success. She said she wanted a life “carved by my own hand” and “wouldn’t have been able to do this without employing a woman’s right to choose.” The New York Times called these words “potent.” I call them deceitful. I’ll praise an equivalent speech when the woman has the integrity and courage to thank the human being who involuntarily gave up his or her chance to carve out a life with their own hand. The use of “choice” as euphemism for “I get to kill someone who stands in my way” is self-deception.

2. Thinking about Trump’s threat...The President backed down from his threat to target Iranian cultural cites in retaliation for any attacks on Americans after being informed that this would be a war crime under international law. I confess, I did not know this was prohibited, and I am not certain what to think about that. I knew the destruction of ancient architecture and important cultural cites became an issue for the Allies in World War II, but this has yet to make sense to me. The whole concept of the “nice” war is ethically incoherent. The idea of war must be to win as quickly as possible, minimizing deaths and chaos on both sides, especially one’s own. If the prospect of losing a nation’s treasured cultural structures is a deterrent to war, then to say that has no “military value” is simply not true. If you can’t tolerate risking your cultural treasures, don’t get into wars.

The values involved in this controversy are also incoherent. In “The Monument Men,” George Clooney’s sort-of accurate account of the special forces whose job was to track down and rescue great artworks stolen by the Nazis, the question is asked repeatedly, “Was retrieving this painting or statue worth sacrificing a human life?” I have no problem voting “Sure!” If the question is changed to refer to a thousand lives, or 10,000, I’m not so sure. Continue reading →

The Last Of The Nazi War Criminals

/ Jack Marshall / 23 Comments

Coincidentally, just as I am completing watching the Netflix documentary “The Devil Next Door,”  another former Nazi prison guard has begun trial on charges that he was an accessory to 5,230 murders at a German concentration camp in Poland during World War II.  “The Devil Next Door” engrossingly tells the strange story of a Ukrainian immigrant named John Demjanjuk who appeared to be a model U.S. citizen, respected neighbor and beloved husband and father in Cleveland before the U.S. decided he was really a former Nazi camp guard nicknamed “Ivan the Terrible” for his sadism and brutality at the Treblinka Nazi death camp in Poland. Demjanjuk was stripped of his U.S. citizenship and tried in Israel from 1986 to 1988 for crimes against humanity. A three judge panel convicted Demjanjuk and sentenced him to hang after a dramatic (and troubling) trial, but the former Ford auto-worker died while his  appeal was pending. Under the doctrine of abatement ab initio, he is still presumed innocent.

As I have written here before, I have many ethical problems with the concept of war crime trials, but “Ivan the Terrible” certainly tests them. Whether or not Demjanjuk  was Ivan, the Treblinka gas chamber operator was a monster even by SS standards, torturing the camp’s Jewish victims before their extermination. In the United States, I cannot imagine that that Demjanjuk would have been found guilty beyond a reasonable doubt: the evidence was compromised, the eye-witnesses often contradicted themselves and appeared confused (“Some were liars, some were senile, and some were liars and senile” is how Demjanjuk’s Israeli lawyer puts it on camera). The most damaging testimony against Demjanjuk was his own, and in the U.S. he never would have been allowed to testify.

Was he “Ivan”? All one can say is “probably.” The case was not proven beyond a reasonable doubt, not even close to it.

At the time, it was widely believed that Demjanjuk’s would be the last Nazi war crimes trial, but now  Bruno Dey, 93,  a prison guard  in the Stutthof camp near what’s now Gdansk, Poland, is being tried in Hamburg, Germany. Continue reading →

Comment Of The Day: “’Three Strikes And You’re Incompetent’ : The Wernher Von Braun Fiasco, And What It Tells Us About Journalism”

/ Jack Marshall / 8 Comments

This is going to start out as a history-heavy day at Ethics Alarms, and Zoe Brain’s terrific Comment of the Day regarding Wernher von Braun, the abuse of science, and the moral compromises of war  gets it off to a smashing start.

Quick: how much do you know about Japanese Unit 731? Here’s a sample (and here’s some more background) :

Unit 731 was set up in 1938 in Japanese-occupied China with the aim of developing biological weapons. It also operated a secret research and experimental school in Shinjuku, central Tokyo. Its head was Lieutenant Shiro Ishii.The unit was supported by Japanese universities and medical schools which supplied doctors and research staff. The picture now emerging about its activities is horrifying.According to reports never officially admitted by the Japanese authorities, the unit used thousands of Chinese and other Asian civilians and wartime prisoners as human guinea pigs to breed and develop killer diseases.

Many of the prisoners, who were murdered in the name of research, were used in hideous vivisection and other medical experiments, including barbaric trials to determine the effect of frostbite on the human body.

To ease the conscience of those involved, the prisoners were referred to not as people or patients but as “Maruta”, or wooden logs. Before Japan’s surrender, the site of the experiments was completely destroyed, so that no evidence is left.

Then, the remaining 400 prisoners were shot and employees of the unit had to swear secrecy.

Special thanks is due to Zoe Brain for raising the topic of these horrific  Japanese war crimes, which have received so little publicity compared to their Nazi equivalents.

Here is her COTD on the post, “Three Strikes And You’re Incompetent” : The Wernher Von Braun Fiasco, And What It Tells Us About Journalism”:

I am a sometime Rocket Scientist. I am also a sometime senior engineer on military projects – in this context, “Defence Industry” is an unhelpful euphemism to sanitise a regretably necessary evil.

Von Braun is an object lesson. Although a member of the Nazi party, he joined to further his passion of developing rocketry. His later membership of the SS was coerced, though any man of principle would have resisted rather harder than he did.

His boss, Dornberger, who arguably had more influence on the US space program than Von Braun, was a nasty piece of work. He wasn’t just an amoral mercenary with overly flexible ethics, he was quite approving of working slave labourers to death.

I am in no danger of becoming a Dornberger. A Von Braun? Well, apart from the lack of talent on my part, yes, I could see myself becoming like him if I was careless. Just by getting too wrapped up in a technically sweet solution to an intractable problem, by telling myself I was advancing Science for all Humanity, and a hundred other justifications and excuses for selling my soul, one compromise at a time.

Maybe I already have done. Some work I did 25 years ago is now in the hands of a regime I do not trust. Had they been in power then, I would not have worked on that project, just as I refused to work on some others. Continue reading →

Ethics Quiz: Pardons For War Criminals?

/ Jack Marshall / 40 Comments

Reports are circulating that the President may be planning on issuing pardons to several high-profile servicemen accused of various war crimes during the conflicts in Iraq and Afghanistan. He has requested expedited paper work and files on several cases, presumably aiming for announcements on Memorial Day.

From the New York Times:

One request is for Special Operations Chief Edward Gallagher of the Navy SEALs, who is scheduled to stand trial in the coming weeks on charges of shooting unarmed civilians and killing an enemy captive with a knife while deployed in Iraq.

The others are believed to include the case of a former Blackwater security contractor recently found guilty in the deadly 2007 shooting of dozens of unarmed Iraqis; the case of Maj. Mathew L. Golsteyn, the Army Green Beret accused of killing an unarmed Afghan in 2010; and the case of a group of Marine Corps snipers charged with urinating on the corpses of dead Taliban fighters.

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