Those Who Said 'No!'; Germans Who Refused to Execute Civilians during World War II.pdf

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Those Who Said "No!":
GermansWho Refused to Execute
Civiliansduring World War II
DavidH. Kitterman
NorthernArizonaUniversity
Conventional wisdom during World War II among German soldiers,
members of the SS and SD as well as police personnel,held that any ordergiven
by a superiorofficer must be obeyed underany circumstances. Failure to carry
out such an order would result in a threat to life and limb or possibly serious
danger to loved ones. Many students of Nazi history have this same view, even
to this day.
Could a German refuse to participate in the roundup and murder of
Jews, gypsies, suspected partisans,"commissars" Soviet POWs
-
unarmed
and
groups of men, women, and children
-
and survivewithout getting himself shot
or put into a concentration camp or placing his loved ones in jeopardy?
We may never learn the full answer to this, the ultimate question for
all those placed in such a quandry,because we lack adequate documentation
in many cases to determine the full circumstances and consequences of such a
hazardous risk. There are, however, over 100 cases of individualswhose moral
scrupleswere weighed in the balance and not found wanting. These individuals
made the choice to refuse participationin the shooting of unarmedcivilians or
POWs and none of thempaid the ultimate
penalty, death!Furthermore, few
very
suffered any other serious consequence!
We know this because their cases and the historical circumstances
leading up to their actions and the results which flowed from them have been
investigated and verified by witnesses and historical documents, often in
exhaustive detail. This was accomplished through the pre-trial investigations
and trial records of the various Land (state) prosecuting attorneys'offices and/
or the ZentraleStelle der Landesjustizverwaltungen Central Office of State
(the
242
GERMAN
STUDIES
REVIEW
JudicialAuthorities the Investigation NationalSocialistCrimes)of the
for
of
FederalRequblic Germany.
of
Thesewarcrimestrialsandinvestigations
have
been held underthe jurisdictionof the states of the Federal Requblicof
Germany
beginning the mid-195Osandare stillgoing on.'
in
These recordsare storedin the archivesof the ZentraleStellein
near
Ludwigsburg, Stuttgart, in thearchives thecitiesor stateswheretrials
or
of
wereheldin thepostwar
years.Research manyof theserecords enabled
in
has
the authorto documentat least eighty-fiveinstancesin which one or more
individualsrefusedinvolvementin the Nazi executionof unarmedhuman
beingsduring
WorldWarII.The author researched
has
theseprimary
sources
includingthe documentation recenttrialsto incorporate
of
them in a more
comprehensive
in
way, since the earlyinvestigation this theme appeared
of
German
twentyyearsago.
An important
piece of earlyresearch doneby Herbert
was
Jagerand
in
published German
1967.2
Thus,his analysis
in
doesnotincludeinvestigative
andtrialdataof thelasttwentyyearson at leastfifteencases,whichthisauthor
is now researching incorporating. is also limitedlargelyto a discussion
It
and
of the consequences the refusalto kill civiliansandPOWs,whilethispaner
of
analyzesnot only the consequences also the methodsof refusal/evasion,
but
reasons refusal,
for
if
of
personal
legalknowledge, any,person's
branch service,
andthe ordersgiven.
A number important
of
of
deal
monographs withtheSS,thetreatment
Russianprisonersof war, variouspostwarGermanwar crimes trials,and
judicial issues connectedwith the theme of refusalto commit war crimes,
includingthe issue of "Befehlsnotstand."3
Thispaperwill deal with the followingthemes:1) a presentation
of
severalillustrative
case studiesof individuals
who refusedto kill civiliansor
SovietPOWsand theirfates;2) an analysisof categoriesof individuals
who
reasons refusal; a summary different
4)
tactics
refused; personal
3)
for
of
refusal
of
for
used;and,5) a summary consequences theirrefusal.
CaseStudies
CaseI
Dr. AlbertBattel,a lawyerandMajorin the ArmyReserve,usedthe
armed
forcesunder command tryto forcetheSecurity
his
to
Policein Przemysl
-
-
to stopthe"evacuation" "resettlement" in reality execution of Jews
or
the
workingunderhis direction
therefor the Wehrmacht the summer 1942.
in
of
Bornin 1891 in Oberschlesien,
Battelbecamea memberof the Nazi
Partyon May1,1933, at the age of 42. He was also a memberof the National
A
SocialistLawyers
Battellentmoneyin 1936-1937
League(NSRB). Catholic,
led
to a Jewishlawyer,whowas to payhimbackin legalwork.A denunciation
to a Nazi PartycourtwithBattelreceiving warning inactivemembership
a
and
in the Partyfor one year.Other
of
judicialinvestigations Battelindicatedhis
willingnessto help Jewspriorto the war.4
DavidH. Kitterman
243
On July24, 1942, Wehrmacht
FirstLieutenant
Battelconvincedhis
that
superior,
MajorLiedtke, theyshouldgive the following
Ortskommandant
and
Police
ordersto otherofficersin theircommand to leadersof the Security
in Przemysl: view of theprevious
"In
actionsagainsttheJews["resettlement"],
for
thelocalcommander
givesorders bringallJewsworking theWehrmacht
to
intobarracks placethemunder
and
military
protection.
Theyareto be fed and
housed,etc., so thatthey remainable to
work."'5
his
Battelfurther
persuaded commanding
officer,MajorLiedtke,to
in
preventthe Jewishroundup Przemyslon July24, 1942, by closingbridges
to
Police.Battelthenforcedentrance
acrossthe San Riverto SS andSecurity
the ghetto with his unit and relocated 80-100 Jews in the local army
headquarters.
They were able to keep up this resistancefor a short time only.
and
Complaints Martin
by
Fellenz,anSSHauptstumfuhrer Chiefof Staffof the
in
SS and Police headquarters Cracow,and otherSecurityPolice leadersto
and
Himmler havethecaseinvestigated
to
Himmler's
personal
staff,prompted
reported him personally.
to
ThoughBattel'sJewishworkersescapedthis first
themto the
BattelandLiedtkewereforcedto relinquish
execution,
ultimately,
controlof the SS, withtragicresults.
that it was his
On October10, 1942, HimmlerinformedBormann
intentionafterthe warto arrestDr. Batteland suggestedthatat thattime,he
to
would initiateproceedings throwthe officerout of the Party.The direct
werethatBattelwas reprimanded transferred a frontline
and
to
consequences
unit.6
He
Luckily,Dr. BattelescapedHimmler's
futureintentions. survived
the war andwas laterhonoredin Israelfor his effortsto saveJews.7
His actionswere morethanmererefusalto participate executions
in
of Jewsunder control; weredirectresistance theintentions theSS
his
they
to
of
and SD in Przemysland Cracowin July 1942. Still, he sufferedno serious
consequences.
CaseII
Bernhard
Griesewas able to resistbeinginvolvedin the executionof
Jewsby adhering hismilitary
to
linesof authority byimmediately
and
protesting
to his superior.
Bornin 1887 in Ribnitz, had alreadyenteredretirement
he
in
1936 as a Majorin the Schutzpolizei.
Reactivated the outbreak the war,
on
of
he was the actingcommander the Schutzpolizei Rostockand traineda
of
in
in
battalion Tilsitat the beginningof 1941. Thispolice battalion,
No.
recruit
323, wentintoactionunder command theareaof Georgenburg later
his
in
and
in theforestof Bialowieza.
Griese's
commander theBdO(Befehlshaber
was
der
in
Ordnungspolizei) Konigsberg.
In time,Griesewas personally
askedby an SD officerto providemen
foran execution Jewsin theGeorgenburg
of
area.Grieseimmediately
ordered
him
and
his seniorcaptainto represent at his headquarters not to allow anyof
244
GERMAN
STUDIES
REVIEW
execution
without direct
his
order.
hispolicebattalion be usedin theproposed
to
in
and
to
He travelled
immediately his headquarters Konigsberg arranged
to
obtaina writtenorderstatingthatGriesewas onlyto providemento the SD if
officerin
they couldprovidehim with a writtenorderfromhis commanding
orderfromthe Chiefof Staffof BdO,
Konigsberg.
Grieseobtained written
this
of
ColonelJonas. BdO,MajorGeneral Police,KarlFranzsignedthisorder.
His
Grieserefusedtherequest the SD
of
By his actionto obtainthisorder,
in
to havehis menparticipate the executionof Jewsin his area.In fact,the SD
had shot the 365 Jews themselveswhile he was on his journeyto and from
the
into
Konigsberg.
Nevertheless, SS andPolice startedan investigation his
beforeFirstLieutenant Stud,
Dr.
who
refusal cooperate.
to
AfterGriese
testified
in
cameespeciallyto Konigsberg
fromtheMainOfficeof theOrdnungspolizei
after
Berlinto inquire the matter, investigation dropped.8
into
this
was
Shortly
this refusal,Griesereceivedthe KnightsCross.9
Case mII
In a similarcase duringthe summerof 1941, an Ordnungspolizei
the
officer telephonedRudolfMiiller-B6nigk, Chief of Staff of the BdO in
"I
Krakau(Cracow),and explained, havejust receivedan orderfromSS and
of
Police LeaderGlobocnikthatI shouldexecuteRussianprisoners war and
He
Jews.Whatshouldbe my courseof action?I do not wish to participate."
that
not
receivedtheanswer
fromMiiller-B6nigk he should carryoutthisorder,
General
sincetheroleof theOrdnungspolizei notto executepeople.Major
was
superior,
agreedandphoned
Riege,the BdOin CracowandMuiller-B6nigk's
the
thepoliceofficerback,tellinghimin the case of a new execution
order, SS
were
be
andPoliceLeaderGlobocnik
should toldthatthe Ordnungspolizei not
servants the SS,SD, andSecurity
Police.
hangman's
for
of
in
informed Riege'sorders,
TheChiefof theOrdnungspolizei Berlin,
shared this opinion and informed Himmler, who agreed that the
in
Globoxnik
units
lodged
Ordnungspolizei werenotto be included executions.
a complaint
whichledwithintwomonths thereplacement
to
aboutthisincident
No
and transferof Police MajorGeneralRiege to Prague.'0 othernegative
wereexperienced thepoliceofficerreceiving original
the
order by
or
results
by
Muiller-Bonigk.
CaseIV
in
A Majorof the Schutzpolizei,
(possiblyAntonPerger?)stationed
Sumypriorto February
1942, receivedan orderfroma higherSSleaderto use
hispolicebattalion executeJews.He refused do thisanddemanded have
to
to
to
shownto him a legaljudicialsentenceagainstthose to be executed.He also
at
demanded presence ajudgeanda representative theprosecution the
the
of
of
for
to
order execution;
proposed
execution. further
He
refused followa renewed
DavidH. Kitterman
245
instead,he informed regiment his refusal. officerwas notpunished.
his
of
The
Fromthisincident
to
cameanorder all unitsof theSchutzpolizei theywere
that
not to be involvedin executions.11
CaseV
An interesting
case of formalrefusalby two officersto allowWaffen
SS men to participate any futherexecutions Jewsand Poles occurred
in
of
in
PolandseveraldaysaftertheGerman
invasion theSovietUnionin lateJune/
of
early July 1941. The commanderof the "Reichsfiihrer-Begleitbataillons
z.b.V.",
Friedrich
Dern,receivedordersfromthe HigherSS andPolice leader
in Lemberg
one
directing company his battalion marchto a pre-assigned
of
to
meeting place on the Weichsel (Vistula)River and await furtherorders.
Untersturmfiihrer
(SecondLieutenant)
Schreiber this detachedcompany,
led
whichrejoined
theirWaffenSS battalion Lublinthatsameevening.
in
Schreiber
to
that
reported his commander during daya portion
that
of
his company beenusedas anexecution
had
squadshooting
JewsandPoles.He
informed
Dernthathe refusedto carryout anyfuturesuchexecutions
withhis
He
company. saidhe wouldnot forcethaton his men.Theywere,afterall, a
trainedfightingbattalion.
That same evening Dern composeda reportto the SS-Fiihrungs-
in
Hauptamt Berlinin whichhe clearlyandunequivocally
refused allowhis
to
battalion be usedin anywayas executioners thefuture. report
to
in
His
included
a reportby Lieutenant
Schreiber
detailinghis company'spart in the day's
executions.
Onlya few dayslatercame ordersfromthe SS-Fiihrungs-Hauptamt
that the battalionwas to be dissolvedimmediately: 1st companyto be
the
transferredto the SS-Regiment Deutschland,the 2nd to SS-Regiment
Germania,the 3rd to Leibstandarte
Adolf Hitler and the 4th company,a
machine-gun
was
company, to serveas the coreof an anti-aircraft
battalion
at
Arolsen. battalion
The
staffwasto start
immediately Berlin, commander
for
the
and his adjutantin their car ahead of everyoneelse. Dern was to report
personally Gruppenfiihrer at SS headquarters.
to
Pohl
Pohl personallycensuredDern for his refusalto obey ordersand
handed him marching orders. Dern was to report immediately as a
Sturmbannfiihrer
(Major)on the staff of fighting battalion"Deutsch"
in
Kirkenes.
Dem suffered further
no
adverse
effectsin hisprofessional
career an
as
officer.He waspromoted Battalion
to
Commander theSS-Jager-Batl. in
of
1/9
December 1941 and then Commanderof the 14th Galician Volunteer
RegimentNo.7, wherehe remained
untilthe end of the war.'2
CaseVI
A further case, involving a Hauptmannschaaftsfiuhrer the
of
Gendarmerie
(GermanPolice), shows that advancedthoughtand decisions

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