The SS Paper Trail Behind the Myth
Lecture 15

The Verdict of Nuremberg: A Criminal Organization

The SS Paper Trail Behind the Myth

Transcript

October 1, 1946. The International Military Tribunal at Nuremberg delivers its judgment. Not a political statement. Not a historian's opinion. A judicial finding, built on documentary evidence, sworn testimony, and the defendants' own records. The Tribunal declares the SS a criminal organization. That phrase carries precise legal weight. It is worth pausing to understand exactly what it means — and what it does not mean. The Tribunal did not invent this category on the spot. Articles 9 and 10 of the London Charter, the founding document of the IMT, explicitly empowered the Tribunal to declare groups criminal. Think of it as a two-stage mechanism. Stage one: the Tribunal examines the organization as a whole. Stage two: that finding becomes binding in later proceedings against individual members. The prosecution requested that seven organizations be declared criminal — the SS, the Gestapo, the SD, the SA, the Leadership Corps, the Reich Cabinet, and the General Staff. The Tribunal ultimately declared four: the SS, the Gestapo, the SD, and the Leadership Corps of the Nazi Party. The SA, the Reich Cabinet, and the General Staff were declined — not because they were found innocent, but because their organizational structures did not satisfy the Charter's criteria. Now, what exactly did the Tribunal find the SS guilty of? The judgment is specific. The SS was used to perpetrate persecution and extermination of Jews, brutalities and killings in concentration camps, abuses in occupied territories, administration of the slave labor program, and the mistreatment and murder of prisoners of war. Crucially, the criminal designation covered the Allgemeine SS, the Waffen-SS, the SS-Totenkopfverbände, and SS members serving in various police forces. The Tribunal explicitly rejected the argument that the Waffen-SS was simply a conventional military formation. That argument — which we traced in earlier lectures to the post-war HIAG rehabilitation campaign — did not survive the evidentiary record. The Tribunal had the documents. Personnel records, orders, operational reports. The evidence showed organizational criminality, not isolated individual misconduct. Here is the counterintuitive point that the Tribunal's reasoning makes clear. The Tribunal did not need to prove that every SS member personally committed murder. Suppose you are examining a machine. You do not need every gear to be broken to conclude the machine is designed to cause harm. You examine its purpose, its documented outputs, and the knowledge of those who operated it. The Tribunal required three things for a criminal-organization finding: the group had to be identifiable, membership had to be basically voluntary, and the group had to directly participate in crimes under Article 6 of the Charter. The SS satisfied all three. The Tribunal was careful here, James, and this precision matters. It excluded from criminal membership those who were drafted into the SS by the state with no real choice and who had not themselves committed crimes. It also excluded persons whose SS membership had ended before September 1, 1939. The Reiter-SS, the mounted SS, was not included in the criminal designation at all. The New York Times reported contemporaneously that the declaration fixed criminality subject to these exclusions for draftees and those ignorant of the organization's crimes. This was not collective guilt applied blindly. It was a calibrated legal instrument. Control Council Law No. 10, issued by the Allied Control Council, made membership in any IMT-declared criminal organization a punishable offense in subsequent proceedings. National and occupation courts across Allied jurisdictions could now prosecute SS members on the basis that the organization's criminal character was already judicially established — they did not need to re-litigate it. The subsequent Nuremberg Military Tribunals — the Pohl trial examining the WVHA, the Einsatzgruppen trial, the RuSHA trial — treated the IMT finding as binding and deepened the evidentiary record behind it. The Memorium Nuremberg Trials notes that this declaration became central to denazification policy, enabling broad legal action against SS members across occupied Germany. The Nuremberg verdict on the SS is a landmark in international criminal law. It established that an organization could be held criminally responsible as a body — that systematic crimes are not only the product of individual bad actors but of structures, hierarchies, and institutions designed to commit them. The SS, in both its administrative and military branches, was found to be exactly such a structure. The myth of the clean Waffen-SS, the myth of the uninvolved bureaucrat, the myth of the ordinary soldier — the Tribunal examined the evidence and rejected them. What remains is the documented record: an organization declared criminal by an international court, on the basis of its own paperwork. That is where the evidence leads.