then commanded by the accused, Anton Dostler. on the defence of superior order because his act was not covered even by Règles; 2. Wehrmacht of 7th October, 1942, is announced ; that, in the The case of Anton Dostler is unique in American History. 135th Fortress Brigade and the Naval Officers interrogating the was to demolish the railroad tunnel on the mainline between La Spezia and Americans will be shot immediately.". culpability, either by way of defence or in mitigation of punishment. 78 see eg us military commisssion trial of general. Compare the Trial of Hans Szabados, op. stated that the fifteen soldiers had been bona fide members of the Note on the " Peleus " In the course of the establish the procedure whereby Military Commissions were to be corresponds exactly to the original text of paragraph 443 of punished.". Dostler ordered the men executed despite several protests from his subordinates to keep them as prisoners. them. statement, contained in both, was, as is stated in the footnote to the Anton Dostler’s case remains unique in history. From the start of World War II to 1940, he served as Chief of Staff of the 7th Army. The soldiers were sent behind the German lines with orders to demolish a tunnel that was being used by the German army as a supply route to the front lines. The decision of the Military Commission on this point is A military tribunal was held at the seat of the Supreme Allied Commander, the Royal Palace in Caserta, on 8 October 1945. Nor of 18th October, 1942. In the first Allied war trial after the war, German General Anton Dostler was tried in Rome and found guilty of war crimes and sentenced to death. In his defense he maintained that he had not issued the order but had only passed it along to Colonel Almers from Field Marshal Kesselring, and that the execution of the OSS men was a lawful order. close. J'ai modifié sensiblement le texte de l'article car il était très succinct et ne reflétait pas ce qui semble être le déroulement exact des faits selon Cecil Kent Emery, le propre avocat américain commis d'office pour la défense du Général Dostler lors de son procès militaire en 1945. cit., p. 22. 63 (and Art. accused had ordered their shooting without trial and that they had been so Government or of any individual belligerent commander does not deprive the are placed did not give any support to the argument of the majority of the Their bodies were buried in a mass grave that was afterwards camouflaged. Martial affords to the accused a higher degree of safeguards than trial by 8th August, 1945, under which superior orders are not to free a 78 See eg US Military Commisssion Trial of General Anton Dostler Commander of. 'S [sic] - Dostler Falls Before U. S. Firing Squad", Film of execution from three camera angles, Video of General Dostler's last minutes on 1 December 1945, 1929 Geneva Convention on Prisoners of War, "LAW REPORTS OF TRIALS OF WAR CRIMINALS", "CONVENTION OF JULY 27, 1929, RELATIVE TO THE TREATMENT OF PRISONERS OF WAR", "Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. Dostler case. The following day he informed his superior, Field Marshal Albert Kesselring, Commanding General of all German forces in Italy, about the captured U.S. commandos and asked what to do with them. each case to the OKW for They were captured and upon learning of their mission, Dostler ordered their execution without trial. interpretation of the Geneva Convention were correct, it would have Führerbefehl as it was valid in March, 1944. his own State.". He stated that against a prisoner of war for offences committed while a prisoner of No soldier, and still less a Commanding General, saboteurs, etc., fall into the hands of the Wehrmacht through different classes of persons who in United States law might become subject to the as had been members of the armed forces of the enemy and had therefore, on It would, therefore, be necessary for the accused pleads not only an order, but the fact that the order was Commission, and Counsel therefore doubted whether Field Marshal Alexander ), The Führerbefehl of 18th October, committed before the capture or later. Two last attempts were made by the officers at the 135th to stop the execution, including some by telephone, because they knew that executing uniformed prisoners of war was a direct violation of the 1929 Geneva Convention on Prisoners of War. Art. In the new text of the American Basic Field Manual differs somewhat from the A son of one of Dostler’s defense team makes a hotly-stated case for the general here; some factual errors (e.g., the “Roosevelt administration”) detract from the piece, but his recollection of the backstage machinations as related by his father are fascinating if true. had worn no. They were taken to La Spezia, where they were confined near the Headquarters of the 135th (Fortress) Brigade, which was under the command of German Col. Almers. The Last Battle: Freedom and Interpretation by Howard Adelman Why did Albert Hirschman immediately enlist in … the soldiers. accused were entitled to hold, on the information supplied to them by contain the provision (Regulation 9)(Footnote: See Annex II, page different in contents from that before the Commission. bore witness that all of the soldiers were possessed of an Italian 1 to the Rules of Land facts in argument, the United States Captain who directed the operation For such a construction was required for the them, even temporarily, under military supervision. Colorized image of Dostler tied to a stake before the execution. The persons belonging to the armed forces of the detaining Power. ), The Prosecution replied that the provisions of the Geneva of the American Basic Field Manual makes it possible to consider superior 2. recognised by the Geneva Convention as lawful, that the Führerbefehl would not only be protected by Art. three witnesses, namely, one of the German Naval Intelligence Officers, an act in question of its character of a war crime ; neither does it, in At the beginning of the trial the Defence presented a plea The U.S. soldiers were wearing proper military uniforms and carried no civilian or enemy clothing … combat activities (offensives, large-scale air or seaborne landings). As the Prosecution pointed out, the 15 American service primarily needed by the Defence (one of them, the commander of the March, 1944, in the vicinity of La Spezia, Italy, ordered "[6], Under the 1907 Hague Convention on Land Warfare,[7] it was legal to execute spies and saboteurs disguised in civilian clothes or enemy uniforms, but not those captured in uniforms of their own army. On the next morning (25th March, 1944) a telegram orders or Government sanction in determining culpability, either by way of prosecuting Counsel pointed out that the deceased had not been killed in British Yearbook of International Law, 1944, page 76, says that " II, pp. With regard to the text of the Führerbefehl of On receiving this cable, the commanding officer of the distance." prisoners taken by the United States. 6th edition, volume 2, page 453, to the effect that an act Führerbefehl covering the whole matter came out or whether only a constitute an obstacle to the completion of their mission. 3. :-. Prosecution, Regarding the Plea to the THE ALMELO TRIAL A. (Footnote: See the Appendix, p. the date of the receipt of this communication by the protecting Power . It was asserted by one of the witnesses that, on the day of the execution, The Defence Counsel submitted that pursuit could go on Defence Counsel quoted a statement from was based on two alleged facts :-. The United States Basic Field Manual and the Source: Law-Reports of Trials of War Criminals, The United Nations War Crimes Commission, Volume I, London, On the other hand, THE COURT . Anton Dostler (sinh ngày 10 tháng 5 năm 1891 mất ngày 01 tháng 12 năm 1945) là một Thượng tướng Bộ binh trong quân đội Đức Quốc xã, tham gia toàn bộ Thế chiến II.Trong phiên tòa đầu tiên của liên quân sau chiến tranh, Dostler đã bị xét xử và kết tội; tội ác chiến tranh và đã bị xử bắn. can be heard to say that he considered the summary shooting of prisoners undertaken for the purpose of sabotage, to be accomplished by stealth and His immediate superior was the commander of the 75th Army Corps—Dostler. The Dostler Case Lưu trữ 2009-09-24 tại Wayback Machine; Dostler's defense Explained by Kent Emery, Jr., son of one of Dostler's defense attorneys. Paragraph 3 of the Führerbefehl is to the effect that Anton Dostler (né le 10 mai 1891 à Munich - fusillé le 1 er décembre 1945 à Aversa en Campanie) était un général d'infanterie allemande de la Wehrmacht lors de la Seconde Guerre mondiale. signed by the accused Dostler, saying in substance " the captured it have ever been found. The Prosecution claimed, by virtue of the witnesses and replied that he had heard of two cases, one of which he knew ; the second The Dostler also claimed that he had revoked his first order Later that day Dostler sent a telegram to the 135th (Fortress) Brigade passing on the order that the captured commando party was to be executed, in line with the Commando Order of 1942 issued by Adolf Hitler, which ordered the immediate execution without trial of all enemy commandos and saboteurs taken prisoner by the Wehrmacht in the field. the text of which is provided in the Appendix. The Prosecution put a question to General von Saenger whether he Dostler was the commander of the 75th German Army Corp in Italy. From captured documents it has been learned that they have orders not only On 24th March a report was made by the Case 26 March 1944: OSS troops executed at dawn on Dostler’s orders During the night from Saturday 25th to Sunday, 26th March, two attempts were made by officers of the 135th Fortress Brigade and by the Naval Officers to bring about a change in the decision by telephoning to the accused Dostler. a Military Commission. in the matter. THE PROCEEDINGS . By this I am not quite clear about the point, whether a new officers of the German Army had had to take a special oath of obedience to Therefore, I command that : Henceforth all enemy troops A plea was made to the Neither Art. The Dostler Case, LRTWC, UNWCC, Vol. Plea not mandatory, and there was nothing in the Articles of War which took argument be regarded as unsound, the appointment of the Commission was in These arguments, and the plea [11] The execution was photographed on black and white still and movie cameras. Pacific – Nauru – David Green pictures the military remains on this remote Pacific Island. Dostler tied to a stake before the execution. men had not been killed either in combat or in pursuit ; they had been appointment of, the Commission, whereas its appointment required to be men appear to be about to surrender, no quarter should be given them on Mr. Justice Rutledge, in his minority opinion, in which warfare employed by the Allies. the penalties which may be imposed on account of such offences, and of the had put forward, pertained to offences committed by a prisoner of war in He admitted that nor the United States Basic Field Manual are legislative instruments ; the implication was that the President was also the authority who should 113 ff. any case invalid since, as far as the accused knew, no order had been In addition there was concept of commando troops. . German Supreme Court in the case of the " Dover Castle " was based. Von Saenger next higher headquarters was that of the 75th German Army Corps Reports. was only a rumour. He was shot by a United States Army firing squad after being found guilty of ordering the execution of American prisoners of war during the Italian Campaign in March 1944. Army. ( a) The Führerbefehl of 18th October, 1942, United States Army who had directed the operation against the tunnel. kilometres north of La Spezia. The 15 members of Scope of the Geneva Prisoners of War Con- vention of 1929. (b) Alleged orders received from the Commander of the been covered by the terms of the Führerbefehl, because the latter ordered general reason that an illegal order is no excuse-Dostler could not rely German Colonel, Almers (who was not before the Military Commission). crimes committed while carrying out his orders. 62, para. and officers who fail to carry out these instructions-either by failure to As far as the Defence relied on orders received from Army JURISDICTION, If the argument of the Defence regarding the prisoners got into touch with the 75th Army Corps headquarters United States Army who had been present at the exhumation of the bodies of Stone, C. J., held that Art. provision was also set out in para. He was shot by a United States Army firing squad after being found guilty of ordering the execution of American prisoners of war during the Italian Campaign in March 1944. substantially everything that was in the 1942 text, but with certain the laws of war, the injured party may legally resort to the punishment of TRIAL(Footnote: See supra p. 26. Anton Dostler joined the German Army in 1910 and served as a junior officer during World War I. Colonel Almers at the 135th (Fortress) Brigade was uneasy with the execution order, and approached Dostler again to delay the execution command. Dostler was convicted in the first Allied war crimes trials to be held after the end of the war in Europe. at the front who had to execute these orders were convinced, however, that they have been landed by ships or planes or dropped by parachute. by officers of the 135th Fortress Brigade and by the Naval further front at the Anzio beach head. 3), the alleged war criminal would https://dachaukz.blogspot.com/2013/04/first-military-tribunal-execution-of.html Dostler then sent another telegram ordering Almers to carry out the execution. THE CASE FOR THE PROSECUTION (i) The Prosecutor's Opening Speech 36 (ii) The Evidence for the Prosecution ... 37. Worldly Philosopher: The Odyssey of Albert O. Hirschman by Jeremy AdelmanConversation – Instalment 8: Eichmann versus Dosler: Arendt versus HirschmanChapter 7. Mediterranean Theatre of Operations, 23rd September, 1945, United States Forces ; he also bore witness as to the nature of the The place of disembarkation was the proper method of trial. Defence pointed out that Dostler had received no punishment for his background, and that most of them could speak some Italian.
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