The Hostages Trial (or, officially, The United States of America v. Wilhelm List, et al.) was held from 8 July 1947 until 19 February 1948 and was the seventh of the twelve trials for war crimes that United States authorities held in their occupation zone in Germany in Nuremberg after the end of World War II. These twelve trials were all held before US military courts, not before the International Military Tribunal, but took place in the same rooms at the Palace of Justice. The twelve US trials are collectively known as the "Subsequent Nuremberg Trials" or, more formally, as the "Trials of War Criminals before the Nuremberg Military Tribunals" (NMT).
This case is also known as the "Southeast Case" because all of the defendants had once been German generals leading the troops in Southeastern Europe during the Balkans Campaign, i.e. in Greece, Albania and Yugoslavia; and they were charged with ordering the hostage-taking of civilians and wanton shootings of these hostages, the reprisal killings of civilians, and the killing without trial of captured "partisans", as perpetrated by German troops there in the years in 1941 and later. The defendant Lothar Rendulic was further charged in respect of the 'scorched earth' total destruction of all towns, settlements and civil infrastructure in the Norwegian county of Finnmark in the winter of 1944.
The judges in this case, heard before Military Tribunal V, were Charles F. Wennerstrum (presiding judge) from Iowa, George J. Burke from Michigan, and Edward F. Carter from Nebraska. The Chief of Counsel for the Prosecution was Telford Taylor, the chief prosecutor for this case was Theodore Fenstermacher. The indictment was filed on May 10, 1947; the trial lasted from July 8, 1947, until February 19, 1948. Of the 12 defendants indicted, Franz Böhme committed suicide before the arraignment, and Maximilian von Weichs was severed from the trial for medical reasons. Of the remaining ten defendants, two were acquitted; the others received prison sentences ranging from seven years to lifetime imprisonment.
Indictment
The accused faced four charges of having committed war crimes and crimes against humanity:
Mass murder of hundreds of thousands of civilians in Greece, Albania, and Yugoslavia by having ordered hostage taking and reprisal killings. Plundering and wanton destruction of villages and towns in Norway, Greece, Albania, Yugoslavia. Murder and ill-treatment of prisoners of war, and arbitrarily designating combatants as "partisans", denying them the status of prisoners of war, as well as their killing. Murder, torture, deportation, and sending to concentration camps of Greek, Albanian, and Yugoslav civilians.
All defendants were indicted on all counts and all pleaded "not guilty".
Judges
The judges were all from the American Midwest and represented a more conservative perspective on the Nuremberg trial proceedings from that taken by the East Coast judges who had presided over earlier trials in the series. In particular the judges were inclined to treat the prosecution case with considerable suspicion. The judges ruled that captured partisan or guerrilla resistance fighters could never expect to be given the protected status of prisoners of war, and could lawfully be executed without trial. Furthermore, the judges departed explicitly from the Nuremberg Principles established in the International Military Tribunal, in ruling that the killing of hostages and reprisal killings of innocent individual civilians might be lawful if undertaken by an occupying power as a response to resistance forces engaging in partisan warfare, albeit subject to stringent constraints. Following the judgement, Justice Charles Wennerstrum gave an interview to the Chicago Tribune in which he accused the prosecution of failing "to maintain objectivity aloof from vindictiveness, [and] aloof from personal ambitions for convictions" and dismissed the whole Nuremberg exercise as "victors justice". He proposed that many of the German Jewish emigrants employed in the prosecution office were of suspect loyalty to the United States; "The whole atmosphere here is unwholesome.... Lawyers, clerks, interpreters and researchers are employed who became Americans only in recent years; whose backgrounds were embedded in Europe's hatreds and prejudices."