Q&A: The Status of Wehrmacht Soldiers and Other Axis Soldiers
The Status of Wehrmacht Soldiers and Other Axis Soldiers
Question
My late grandfather served in the Romanian army before 1944 (that is, he served alongside Nazi Germany), and he even took part in Operation Barbarossa and was taken captive by the Soviets (his family was annihilated in the Holocaust after the German occupation). On the face of it, it turns out that there were many Jews (mostly half-Jews, because full Jews were not allowed to serve in the German army) who fought in the Wehrmacht itself. The question, of course, is whether by definition they are considered war criminals.
I have two reasons to argue that they are not:
A. The alternative to desertion is death.
B. Most low-ranking soldiers did not take part in the extermination of the Jews themselves, but rather in the military conquests.
The question is whether it is legitimate to take part in the conquest itself on the assumption that you know Germany may kill many Jews and civilians, or whether, because war itself is the conquest of territory—which used to be considered legitimate—they are not considered war criminals.
Answer
It seems to me that under international law, Wehrmacht soldiers are not considered war criminals. They serve in a state’s army and engage in combat and conquest, not in extermination and war crimes.
The claim that the alternative to desertion is death is not really an argument, since one must accept death rather than commit murder. If the fighting is assistance to extermination, then that is of course a war crime. But regarding that, there may perhaps be room to invoke the claim about the alternative, since your contribution to the crime is indirect.