Scrapbookpages Blog

June 25, 2014

Should old American soldiers be brought into court on a stretcher and tried for World War II war crimes?

German soldiers, killed by Lt. Bill Walsh, after they had surrendered

German soldiers, killed by American Lt. Bill Walsh, after they had surrendered

I previously blogged about the killing of German soldiers by Lt. Bill Walsh, shown in the photo above, at

Today’s news is filled with stories about Johann Breyer, an 89-year-old former German soldier, who has been accused of being an accessory to murder in 158 cases, involving the gassing of Jews at Auchwitz-Birkenau in 1944.  Breyer was a guard at the Auschwitz main camp, and had no involvement with the 158 trains that brought 216,000 Jews to the Auschwitz-Birkenau camp in May 1944.  There is no evidence that any of these 216,000 Jews were killed in a gas chamber.  There is no evidence that gas chambers existed at Auschwitz-Birkenau.

If Johann Breyer can be brought to trial in Germany for alleged crimes committed in 1944, can old American soldiers be tried for the well-known killing of German soldiers, who had surrendered with their hands in the air, in April 1945 at Dachau?

General Patton’s Army was accused of several incidents in which German prisoners of war were shot, which he admitted in his autobiography.

Patton wrote the following entry in his diary on 4 January 1945:

“The Eleventh Armored is very green and took unnecessary losses to no effect. There were also some unfortunate incidents in the shooting of prisoners. I hope we can conceal this.”

In another incident involving the shooting of German and Italian Prisoners of War, an American captain was acquitted on the grounds that he had been following the orders of General Patton, who had discouraged American troops from taking prisoners during the landing of the US Seventh Army in Sicily.

A third execution of German soldiers who had surrendered on April 29th, known as the Webling Incident happened in the village of Webling on the outskirts of of the town of Dachau. American soldiers of the 222nd Regiment of the 42nd Rainbow Division executed soldiers of the German Home Guard after they had surrendered. The Home Guard consisted of young boys and old men who were forced into service in the last desperate days of the war to defend their cities and towns.

After an investigation by the US Army resulted in the court martial of the soldiers involved in these killings, General George S. Patton tore up the papers and tossed them in the wastebasket.

Col. Howard A. Buechner, the American medical officer who was there when Waffen-SS soldiers were executed during the liberation of Dachau, wrote in his book The Hour of the Avenger, regarding the court martial of soldiers in the 45th Thunderbird Division:

“Public outrage would certainly have opposed the prosecution of American heroes for eliminating a group of sadists who so richly deserved to die.”

German soldiers, who so richly deserved to die, had nothing to do with the Dachau concentration camp

German soldiers, who so richly deserved to die, had nothing to do with the concentration camp

I previously blogged about another incident in the killing of innocent German soldiers at Dachau at

German soldiers were imprisoned at Dachau

German soldiers were imprisoned at Dachau

In early July 1945, the U.S. Counter Intelligence Corp (CIC) set up War Crimes Enclosure No. 1 in the former concentration camp at Dachau for suspected German war criminals who had been rounded up by the U.S. Third Army War Crimes Detachment.

In the photo above, accused German war criminals are shown entering the prison compound of the former Dachau concentration camp.

The authority for charging the defeated Germans with war crimes came from the London Agreement, signed after the war on August 8, 1945 by the four winning countries: Great Britain, France, the Soviet Union and the USA. The basis for the charges against the accused German war criminals was Law Order No. 10, issued by the Allied Control Council, the governing body for Germany before the country was divided into East and West Germany.

Law Order No. 10 defined Crimes against Peace, War Crimes, and Crimes against Humanity. A fourth crime category was membership in any organization, such as the Nazi party or the SS, that was declared to be criminal by the Allies. The war crimes contained in Law Order No. 10 were new crimes, created specifically for the defeated Germans, not crimes against existing international laws. Any acts committed by the winning Allies which were covered under Law Order No. 10 were not considered war crimes.

Every member of the elite SS volunteer Army was automatically a war criminal because the SS was designated by the Allies as a criminal organization even before anyone was put on trial. Any member of the Nazi political party, who had any official job within the party, was likewise automatically a war criminal regardless of what they had personally done.

Under the Allied concept of participating in a “common plan” to commit war crimes, it was not necessary for a Nazi or a member of the SS to have committed an atrocity themselves; all were automatically guilty under the concept of co-responsibility for any atrocity that might have occurred.

The basis for the “common plan” theory of guilt was Article II, paragraph 2 of Law Order No. 10 which stated as follows:

2. Any person without regard to nationality or the capacity in which he acted, is deemed to have committed a crime as defined in paragraph 1 of this Article, if he was (a) a principal or (b) was an accessory to the commission of any such crime or ordered or abetted the same or (c) took a consenting part therein or (d) was connected with plans or enterprises involving its commission or (e) was a member of any organization or group connected with the commission of any such crime or (f) with reference to paragraph 1 (a), if he held a high political, civil or military (including General Staff) position in Germany or in one of its Allies, co-belligerents or satellites or held high position in the financial, industrial or economic life of any such country.

Thirty thousand German soldiers were held, without trial, as prisoners for years after the war. Note that the name of the camp indicated that all German soldiers were war criminals.

As far as I know, there were no American soldiers put on trial for killing German soldiers who had surrendered with their hands in the air.

What is sauce for the goose is sauce for the gander. Shouldn’t old soldiers in American be treated the same as old soldiers in the German army?

Unfortunately, the policy in America is to cover up crimes committed by US soldiers.  Remember Bradley Manning?

This quote is from an article, which you can read at

[US] Soldiers who have blown the whistle on atrocities committed by others in uniform, meanwhile, have been subjected to the full force of the government’s wrath. Since 2008, six soldiers have been charged with espionage for revealing information to journalists about atrocities committed by U.S. soldiers. When Private Bradley E. Manning sent Wikileaks a video of U.S. soldiers gunning down civilians in Iraq, he was arrested, and he has been detained in inhumane conditions in solitary confinement since. As Mazahir M. Hussain noted, “Bradley Manning should’ve really considered committing some war crimes instead of exposing them, [it] worked well for Frank Wuterich.”



  1. FGs regulars here know I did my tour in Southeast Asia. They know I love my country and our military. Even with that I’ll say,”if they did the crime,let em do the time”. It’ll probably end up being the type scenario you see when the head leaders of Mafia crime families are drug into court. They keep getting the shit postponed due to their medical . Then again you might end up with some liberal douchebag that’ll take any soldier. Anyone than can use for a scapegoat. Like they did with Lt. Calley at My Lai. He was the sacrificial lamb in that one. So if they wanna pull this stunt,they better make sure they have the guilty. I’ve mentioned this before,I just wanna make sure everyone understands how f—led up the military can get,when they want to play good guy for the public.

    Comment by Timm45 — April 6, 2018 @ 12:45 am

  2. Well I’ve never been able to understand how laws are written,unless an attorney is translating it for me. That law was clearly set up for Germans and exclusive only to them by the word “Germany ” appearing in it. Then we got General Patton. He was a great military leader. When I see Patton say,”I hope we can conceal this”,he’s culpable and deserves to be put on trial. Members of the Home Guard were murdered. The offending parties were court martialed. Good. The General said the ,” eleventh armored is very green. We had “unfortunate ” incidents of the shooting of POWs” WTF! So now murder is unfortunate ? He hopes it can be covered up? So now any individual who is SS,is guilty wether he did anything or not. I was not aware ,”guilt by association ” is a law. “Cover it up ” has always been the accepted method for the military. Initially the Army tried doing this with Lt. Calley and the incident at the village of My Lai. We lost a few people in my platoon when I was in ‘Nam. I wanted payback, but that would’ve been murder. I love my country and our military,but if you break the law,you go on trial. We’ve got the military leaders preaching ,” mom apple pie and the American way”. Tom Waitts wrote a song. He’s got a couple lines in the song that fit perfectly here. “listen to the generals,every God damn word. How many ways can you polish up a turd?” Like the old adage goes,”truth is the first casualty in war”.

    Comment by Tim — February 24, 2016 @ 7:52 am

  3. Take out all these GIs that are still alive and hang them ….. hang them high !! 😛

    Comment by Keith McIntyre — June 26, 2014 @ 9:55 am

    • Before you could hang them as you say you would need to find out who they are then find someone prepaired to charge them, but while drafting the charges to prosecute them America would close ranks and protect them so they wouldnt even see the inside of a court room.

      Comment by soulsearcher — June 26, 2014 @ 10:54 am

    • There is a difference in war betwenn the different fighting units, and people that were to be exterminated by the germs-mans because they were Jews….

      Comment by Skyler Pullman — April 5, 2018 @ 3:49 pm

  4. Should old American soldiers be brought into court on a stretcher and tried for World War II war crimes?
    That’s actually a very good question but I don’t think many people will say yes to it.

    While it is true that there was war crimes committed by the Allies including Russia it wasn’t considered important at the time and the top brass use to look the other way or they would just deny it even happened, and there most probably isn’t any official records to prove who did what or who they was.

    Comment by soulsearcher — June 25, 2014 @ 12:11 pm

    • The Allied war crimes committed at Dachau, by American soldiers, was kept secret for over 40 years. This is an indication that the “top brass” knew that it was wrong to kill German soldiers who had surrendered.

      It was wrong for the Americans to modify the shower room at Dachau and claim that it was a gas chamber. It is wrong for the personnel at Dachau to tell visitors today that there was a gas chamber at Dachau and that it was used.

      The right thing to do would be to admit that the Americans modified the shower room and then claimed that it was a gas chamber. Dachau was not a camp for Jews. There were very few Jews there until the last few weeks of the war.

      Comment by furtherglory — June 25, 2014 @ 2:39 pm

      • FG. How come nobody wants to bring up Dresden ? I thought you said,Dresden was really no military value. It was mostly noncombatants that were killed there . It’s demonstsble the people who ordered the hit are dead,but they still need to put the facts out there and let the public decide . F—k the military propaganda machine.

        Comment by Timm45 — April 6, 2018 @ 12:52 am


          The bombing of Nuremberg was much worse.

          Comment by furtherglory — April 6, 2018 @ 11:42 am

        • You wrote: “I thought you said,Dresden was really no military value.”

          I can’t remember saying or writing that.

          Comment by furtherglory — April 6, 2018 @ 11:50 am

          • Okay. Thought it was you. I read somewhere that it was pretty much civilians that died during the bombing. If I remember correctly,it was said it was of no military value. Even if it had military significance,that much bombing set new standards for overkill.

            Comment by Tim — April 7, 2018 @ 3:14 pm

  5. The foto at the top seems to show the so-called ‘Death Train’ found when Dachau was liberated. Supposedly the horror of it — and it was horrible — is what especially incensed some Americans, and this is a big reason why they murdered the Germans on the spot. Of course it is disgraceful that officers were involved. Perhaps worse is that the Germans killed no doubt had nothing to do with the ‘Death Train’, which was bringing inmates from other camps to Dachau, and was in such bad shape due to the generally disastrous and dangerous conditions in Germany at the end of the war, including anything to do with rail transport — the Allies had complete air superiority, and they used it to basically strafe anything that moved, and to bomb/disrupt rail lines. So the ‘Death Train’ not only took a lot longer to reach Dachau than it otherwise would have, but I believe it was also strafed on the way by Allied warplanes.

    Comment by eah — June 25, 2014 @ 11:33 am

    • You are correct. The prisoners on the “death train” had been killed by strafing, done by American planes. The train had taken 20 days to get to Dachau on a trip that should have taken only one day; the train was delayed by the bombing of the tracks by American planes. In spite of this, there were around 1,300 survivors of the train.

      The American liberators did not try to find out anything about the train; they just killed the first German soldiers who surrendered. These soldiers were stationed in the SS garrison, next to the camp, and had nothing to do with conditions in the camp. They were killed before the liberators even saw the camp.

      Comment by furtherglory — June 25, 2014 @ 12:16 pm

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