(New York Times, Oct. 12, 1945). On Dec. 1, 1945, General Anton Dostler, his head shrouded in a black hood as required by military regulations, died instantly. In response General Dostler dispatched another telegram ordering Almers to carry out the execution as previously ordered. Understandably, then, Dostler’s counsel seems to have been much more interested in pursuing the “superior orders” defense, and did so with gusto: in this early landmark trial, it was an as-yet untested strategem even though the Allied Powers had decided as a matter of policy not to protect potential war criminals on that basis. Did some shoot SS POWs? How many German soldiers were killed by the US-Army during WWII? The defense countered by saying the stealthy nature of the sabotage mission meant the OSS members were really spies rather than legitimate combatants. In the order that laid on my desk in March, 1944, it was much more in detail . As the essential facts of the case —Dostler had ordered the executions, and the Americans were dead—were not in dispute, the accused’s lawyers resorted to the “defense of superior orders.” They claimed that Dostler’s oath of obedience to Adolf Hitler required him to obey the October 1942 Führerbefehl (“Leader Order”), which proclaimed Allied commando units to be in violation of the Geneva Convention and ordered German units encountering such groups to “exterminate them without mercy wherever they find them.” Hitler’s order insisted that even if commandos “appear to be soldiers in uniform,” they must be killed and not be allowed to surrender. The General was convicted and sentenced to death by an American military tribunal after ordering the execution of 15 US soldiers on 26th March 1944. And his sentence did not sit well with all. If you get too many people disguising themselves as civilians or enemy soldiers, you can’t tell who’s a legitimate target and it will invite retribution against civilians or even their own guys, especially during combat (and possibly lead to friendly fire incidents too). Eugene V. Debs, American Socialist leader and first president of the American Railway Union. . Military,USA,War Crimes,Wrongful Executions, Tags: 1940s, 1945, anton dostler, december 1, la spezia, nazis, oss, © Copyright 2020 ExecutedToday.com :: All Rights Reserved :: A WordPress joint Theme originally by WarAxe at Negative99, modified by Brian at Logjamming Contact the Headsman, Gen. Dostler readied for execution, from the U.S. National Archives. Required fields are marked *, © Copyright 2020 ExecutedToday.com :: All Rights Reserved :: A WordPress joint Theme originally by WarAxe at Negative99, modified by Brian at Logjamming Contact the Headsman, Gen. Dostler readied for execution, from the U.S. National Archives. They were all properly dressed in the field uniform of the U.S. Army and carried no civilian clothes. And, as the prosecution quickly pointed out, since the law of war required that even spies be given a lawful trial prior to execution, this line of defense was of little value to Dostler. It’s related to diffusion of responsibility. None of the Military Tribunals after the war were to accept the ‘only following orders’ argument to exculpate men accused of war crimes. M1 Garands were never used in firing squads. They were therefore entitled to be treated as prisoners of war, and their execution without trial violated a rule of international law at least 500 years old.

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