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J. GRAF, T. KUES, C. MATTOGNO, SOBIBÓR 377 “[Chief of execution SS captain] Schuetz gathered the entire squad and warned: ‘If anyone believes he doesn’t have to shoot, then he can join the hostages straight away, because he will then be shot as well.’” His wife and children would have faced misery. So he did what he was asked to do. We must remember that at the time such reprisals were a common practice and as such condoned by the then rules of warfare, and they were practiced by the Italian army as well. 1109 In 1948 a trial was held over the officers involved in the reprisal (NCOs and enlisted men had not even been prosecuted by the Italian authorities!). All defendants were acquitted, except for police chief Herbert Kappler who was sentenced for having caused another 10 hostages to be shot after the death of a 34 th German policeman. This was considered to have been an excess on his part. At that time Erich Priebke, who had escaped from British captivity some months before, lived in the mountains of Southern Tyrol, unknown to the judicial authorities. This was unfortunate, as it should turn out, because he would otherwise have been acquitted just like his officer comrades, which would have saved himself the tragedy that ensued decades later. After the war Priebke emigrated with his family to Argentina, where a Jewish journalist hunted him down in 1994. He was extradited to Italy a year later and tried in 1996, but acquitted because of the statute of limitations. A band of mostly Jewish hooligans then occupied the premises and took the judges hostage. After “hectic negotiations with the Jewish community,” 1110 “justice” minister Flick ordered a retrial. In 1998, after a series of appeals, the 85-year-old defendant was sentenced to life imprisonment, in keeping with the demands of the Jewish organizations. Magnanimously he was allowed to serve his time in house arrest. Ever since he has been living in the house of his lawyer and friend Paolo Giacchini and lacks nothing but his freedom. When he goes for a walk, the man, now 96 years old, is always accompanied by two Carabinieri. 1111 1109 For this see the legal expert report by Karl Siegert, “Reprisals and Orders from Higher Up,” in: G. Rudolf (ed.), op. cit. (note 34), pp. 530-550. 1110 Il Messagero, 2 August 1996. 1111 For this see E. Priebke, P. Giachini, op. cit. (note 1108); German: ibid., 2005; Pierangelo Maurizio, Via Rasella, Cinquant’ anni di menzogne, Maurizio Editione, Roma 1996; Mario Spataro, Repressaglia, edizione Settimo Sigillo, Roma 1996; Gernot Gysecke, Der Fall Priebke, Verlagsgesellschaft Berg, Berg am Starnberger See 1997.
378 J. GRAF, T. KUES, C. MATTOGNO, SOBIBÓR Anyone fighting and killing on the victors’ side during the Second World War had nothing to fear, even if he had killed not just two but more than one hundred thousand people. Paul Tibbets, the Hiroshima bomber pilot who killed some 70,000 Japanese civilians by pressing a button – tens of thousands would die later after painful sufferings caused by radioactivity – received any number of medals and continued his career, ending it as a brigadier general. 1112 Just like Erich Priebke, Tibbets had acted under orders, but unlike Priebke he would not have risked his life by refusing to obey the order given to him. He merely would have risked being demoted and a dishonorable discharge from the army. As opposed to Priebke, he never uttered a word of regret for his victims. The vertiginous moral and civilizing progress assured to the western world by the victory of democracy in 1945 manifests itself in Germany today through the hunt for old men, which continues merrily on its way. To illustrate this, a news item from November 2009 may be quoted: 1113 “A 90-year-old former member of an elite Waffen SS unit has been charged with killing 58 Hungarian Jews who were forced to kneel beside an open pit before being shot and tumbling into their mass grave. The man, named in the German press as Adolf Storms, becomes the latest pensioner to be prosecuted for alleged Nazi war crimes as courts rush to secure convictions before the defendants become too infirm and the witness testimony too unreliable. Mr. Storms was found by accident last year, as part of a research project by Andreas Forster, a 28-year-old student at the University of Vienna. The case against him was led by Ulrich Maass who is also the prosecutor in the trial of Heinrich Boere, 88, who is accused of shooting three Dutch resistance fighters. […] Mr. Storms was a member of the 5th Panzer Wiking Division which fought on the Eastern Front, moving through Ukraine into the Caucasus, taking part in a bloody fight for Grozny and the tank battles of Kharkov and Kursk before wheeling back through Eastern Europe. By most accounts it left a trail of bodies behind. 1112 http://en.wikipedia.org/wiki/Paul_Tibbets 1113 “Ex-SS trooper Adolf Storms charged over mass shooting of Jews,” The Times, 18 November 2009 (www.timesonline.co.uk/tol/news/world/europe/article6920433.ece).
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