Borkum Island War Crimes Trial
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The Borkum Island war crimes trial involved the prosecution of ten German soldiers and five German civilians accused and found guilty of war crimes committed on the island of
Borkum Borkum ( nds, Borkum, Börkum) is an island and a municipality in the Leer District in Lower Saxony, northwestern Germany. It is situated east of Rottumeroog and west of Juist. Geography Borkum is bordered to the west by the Westerems strait ...
against seven American airmen during
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. The airmen had been deliberately exposed to harassment and subsequently executed.


Background

The Borkum Island war trial followed the aftermath of the execution of seven
United States Army Air Forces The United States Army Air Forces (USAAF or AAF) was the major land-based aerial warfare service component of the United States Army and ''de facto'' aerial warfare service branch of the United States during and immediately after World War II ...
airmen by
Wehrmacht The ''Wehrmacht'' (, ) were the unified armed forces of Nazi Germany from 1935 to 1945. It consisted of the ''Heer'' (army), the ''Kriegsmarine'' (navy) and the ''Luftwaffe'' (air force). The designation "''Wehrmacht''" replaced the previous ...
soldiers stationed on the island of
Borkum Borkum ( nds, Borkum, Börkum) is an island and a municipality in the Leer District in Lower Saxony, northwestern Germany. It is situated east of Rottumeroog and west of Juist. Geography Borkum is bordered to the west by the Westerems strait ...
. On August 4, 1944, Boeing B-17G-75-BO 43-37909 of the 486th BG, crashed into Borkum Island, the site of a German military base. The airmen aboard included three second lieutenants and four sergeants (Pilot: 2Lt Harvey M Walthall, Co-Pilot: 2Lt William J Myers, Bombardier: 2Lt Howard S Graham, Radio Operator: T/Sgt Kenneth Faber, Ball Turret Gunner: S/Sgt James W Danno, Waist Gunner S/Sgt William F Dold, Tail Gunner: S/Sgt William W Lambertus). All seven airmen survived the crash and surrendered to the German soldiers present on the island. In accordance with typical procedures, the American prisoners should have been handed off to a nearby German naval base and relocated to a prisoner gathering point in the heart of
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
. However, upon being handed over to the commanding officers on Borkum, the prisoners were marched through the streets of the island and left vulnerable to attack by civilians. The citizens of Borkum were incited by Jan Akkermann, the town mayor and the leader of the local
Nazi Party The Nazi Party, officially the National Socialist German Workers' Party (german: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP), was a far-right politics, far-right political party in Germany active between 1920 and 1945 that crea ...
, to assault the airmen. Following the march, the American airmen were shot and executed at the hands of the German soldiers. Scholars point to the "decree" of
Joseph Goebbels Paul Joseph Goebbels (; 29 October 1897 – 1 May 1945) was a German Nazi politician who was the ''Gauleiter'' (district leader) of Berlin, chief propagandist for the Nazi Party, and then Reich Minister of Propaganda from 1933 to 19 ...
' propaganda as one potential inspiration for the massacre. Shortly after the incident the island came under British occupation. From this occupation, an intelligence report was filed and followed up on through an investigation by a United States Army Intelligence Corps unit.


Trial


Overview

Following the British occupation of Borkum, a more substantive investigation was conducted by a United States Army Intelligence Corps team. With this background, the Borkum Island war trial itself took place at
Ludwigsburg Palace Ludwigsburg Palace, nicknamed the "Versailles of Swabia", is a 452-room palace complex of 18 buildings located in Ludwigsburg, Baden-Württemberg, Germany. Its total area, including the gardens, is the largest palatial estate in the country. T ...
between February 6 and March 22, 1946 in the case of ''U.S. v Kurt Goebell'' et al. The court found all accused guilty of "common criminal design" and some members guilty of unlawful murder. The trial was conducted by a combination of American and German defense counsels. Each American counsel was assigned defense of three groups of officers, soldiers, and civilians. The German counsel members were assigned one defendant each.


Accusations

Charges were brought against 23 German persons and others who could not be located for the crimes against the seven United States airmen. Although 23 individuals were accused of wrongdoing, only 15 were identified and tried in court. Of the crowd that abused the soldiers, not all of them could be identified, named, and brought before the court. The charges stated that the accused had "willfully, deliberately, and wrongfully, encouraged, aided, abetted, and participated in a violation of the laws of war by the killing of and by assault upon the named seven person who were then surrendered prisoners of war in the custody of the then German Reich".


Trial

The prosecution demonstrated that the American soldiers' march had been deliberately planned by the Wehrmacht soldiers on Borkum. With the route's plan in mind, the prosecution argued that the route had exposed the soldiers to a maximum potential for violence from civilians. Additionally, eyewitness testimony was brought forth. Civilians at the march stated, guards "constantly beat and kicked the fliers throughout the march." In terms of logistics, the trial was conducted in English and then translated into German, and back again. Additionally, the trial was open to those in the public and press, which both American and German journalists attended. Much like other war crimes of the era, the verdicts were handed down in verdicts of either guilty or not guilty, in this case for the counts of murder and assault. In all cases, except for Meyer-Gerhards, the accused received punishment. In many of the cases, the sentences were reduced from their previous issue.


Verdicts and sentences

Only Meyer-Gerhards was acquitted on both charges at trial, albeit Rommel was acquitted on appeal. Goebell was released on parole on February 21, 1956. He was last remaining defendant serving prison time for the massacre.


See also

*
Law of war The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
*
Military justice Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
* War crime *
List of war crimes This article lists and summarizes the war crimes that have violated the laws and customs of war since the Hague Conventions of 1899 and 1907. Since many war crimes are not prosecuted (due to lack of political will, lack of effective procedur ...
*
War crimes of the Wehrmacht During World War II, the German combined armed forces ( ''Heer'', ''Kriegsmarine'' and ''Luftwaffe'') committed systematic war crimes, including massacres, mass rape, looting, the exploitation of forced labor, the murder of three million Sov ...
*
Nuremberg trials The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945 ...
* Dachau trials *
Prisoners of war A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold priso ...
*
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
*
Allied forces (World War II) The Allies, formally referred to as the United Nations from 1942, were an international military coalition formed during the Second World War (1939–1945) to oppose the Axis powers, led by Nazi Germany, Imperial Japan, and Fascist Italy ...
* Edward F. Lyons, Jr.


References

{{Reflist


External links


Borkum Island War Crimes Trial PhotosWar Crimes Trial Footage
Nazi war crimes trials Borkum World War II prisoner of war massacres by Nazi Germany American people murdered abroad Massacres in 1944