Six Great Legacies of the Nuremberg Trials that Still Impact the World Today

Did you know that before the Second World War, there were no international laws to protect civilians in war?

Yes, really. And let me explain.

Modern rules of war are only 150 years in the making. Some claim they started with Abraham Lincoln’s enactment of the Lieber Code in 1863, which tried to limit the military actions of his Union forces by permitting certain humanitarian measures to be taken (upon the condition that they do not contradict military objectives, of course). But I would argue that it began in 1864 on the other side of the ocean, when the red cross on a white background – the opposite of the Swiss flag – came to symbolize a neutral protective party helping another in conflict, known as the Red Cross.

Today, the international community has developed a fairly robust series of international laws that explicitly aim to limit the effects of armed conflict for humanitarian reasons. (Although reinforcing these laws is an entirely different matter…)

The critical problem before the Second World War was that individuals were subject to the laws of their nations, but could not claim rights under international law since they were not subjects of international law. (For an excellent lecture on this topic by Thomas Buergenthal, graduate of Harvard Law, a Holocaust survivor and former judge of the UN’s International Court of Justice, see here).  Looking at it the other way around, as objects of international law, individuals’ status did not differ from a State’s territory or its other sovereign possessions; individuals thus belonged to the State. And let’s take a moment to consider those poor stateless individuals, such as refugees, or Jews stripped of their citizenship (as was legal in pre-war Germany), who lost their rights to any national laws…

Thus, before 1939, individuals were subjects to the laws of their nations, but not to international law. A rather subtle but critical difference, you might say.

In both the First and Second World Wars, this equated to entirely different treatment between civilians and other groups, such as prisoners of war. For example, sending or receiving post, which remains a cornerstone of human rights today, was not granted to interned, displaced or detained civilians; but instead these rights existed for POWs. Because the 1907 Hague Convention explicitly stipulated that POWs would “enjoy the privilege of free postage. Letters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties,” this meant that you could send your husband knitted socks or a food parcel to a POW camp, or ask about your loved one’s whereabouts to relevant authorities.

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The International Committee of the Red Cross’ massive system of indexes in Switzerland handled the two to three thousands letters of inquiry per day into the whereabouts of lost, fallen or captured soldiers. By the end of the First World War, the ICRC had compiled 4,895,000 index cards and forwarded 1,884,914 individual parcels and 1,813 wagonloads of collective relief supplies. Today, these files have been digitised and are searchable online.

The Third Geneva Convention in 1929 expanded the rights of POWs even further to include the establishment of official information bureaux by all belligerent nations and the coordinated relief of prisoners, whereby properly accredited professionals should both monitor camp operations and distribute relief. In practical terms, this meant that POW camps in WWII were regularly inspected by Red Cross officials, whereas concentration camps were not subject to humanitarian inspections.

But the Third Geneva Convention again neglected to define civilian rights.

In 1934, the world came very close to providing civilians international rights at the 15th International Conference of the Red Cross and Red Crescent Societies held in Tokyo. The international community vigorously tried to clearly define the rights of civilians as those people within the territory of a belligerent, or as individuals in the power of the enemy in occupied territories. But the Tokyo Draft was not signed nor implemented with any legal authority in the years that followed, and by the outbreak of the Second World War, it was shelved, reconsidered, and finally made legitimate in the Fourth Geneva Convention of 1949.

Thus, by the outbreak of the Second World War, there were no international laws to protect civilians in war.

But then, the Nuremberg Trials.

In light of the mass atrocities and tremendous violations of human rights that occurred throughout wartime Europe, the Nuremberg Trials sought to administer justice to the Nazi politicians, administrators and bureaucrats that allowed such murderous policies to flourish.

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The beautiful town of Nuremberg (Nürnberg) had been chosen by the Allies as it had once been the considered the spiritual centre of the Third Reich and played host to massive annual Nazi rallies. Ironically, it was also the city chosen by Hitler when enacting the 1935 Racial Laws (also known as the Nuremberg Laws) which stripped thousands of German citizens of their rights. In more practical terms, Nuremberg was chosen because it had functioning infrastructure, a serviceable airstrip and a working prison.

The International Military Tribunal (IMT) – the agreement between France, Britain, the US and Russia to persecute and punish war criminals in a court of law – decided upon four categories of crimes:

  1. Conspiracy to commit charges 2, 3 and 4, listed here;
  2. Crimes Against Peace “defined as participation in the planning and waging of a war of aggression in violation of numerous international treaties”
  3. War Crimes “defined as violations of the internationally agreed upon rules for waging war”; and
  4. Crimes Against Humanity “namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecution on political, racial, or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of domestic law of the country where perpetrated.”

In 1946, Judges from the allied nations of France, Britain, America and Russia presided over the legal hearings of 22 of Germany’s highest ranking Nazis in the first and most publicized trial. Each defendant was tried for one or even all four categories based upon the available evidence often gathered from captured German records. Fortunately for justice, the Nazis were pedantic record-keepers.

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Wannsee, Berlin. One outstanding  discovery of evidence for the trials was by German lawyer Robert Kempner, who had scoured the German Foreign Office and uncovered (in the papers of the Undersecretary of the Ministry of Foreign Affairs, Martin Luther) the record of one 90-minute meeting at the Wannsee house in south Berlin in 1942 (above). This lakeside villa became infamously known for hosting this “Wannsee Conference” when high-ranking Nazi officials formally decided on the genocidal policies of the “Final Solution” to the Jewish question – otherwise known as the Holocaust.

Twelve subsequent Nuremberg Trials persecuted other Nazi groups. These included the “Doctors’ Trial” against Nazi medical researchers who conducted experiments on concentration camp victims, the “IG Farben Trial” and “Krupp Trial” against businessmen and industrialists who profited from slave labour, and the “Judges’ Trial” against Nazi judges who enforced racial laws and eugenics.

But given that Germany’s national legal system created laws to support their discriminatory policies (ie. The Nuremberg Race Laws of 1935), and given that civilians had no international rights but were only subject to national laws, then how could the international community enforce international law?

The IMT, the judges, ultimately rejected Germany’s argument that they had been following official policy and thus was actually legally permissible by national law. Instead, they returned to a small but powerful introduction from The Hague Conventions (referred to as the Martens Clause), which states:

Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience (Hague Convention, 1899).

This rather vague and imprecise sentence was sufficient grounds for these judges (admittedly, the victors of the war) to argue that Germany had contradicted the basic human rights afforded to all civilians by the laws of humanity.

And this, ladies and gentlemen, is when it all changed.

While the Nuremberg Trials sought to punish these criminals for their cruel treatment of civilians, it actually achieved so much more – it was a dramatic legal and conceptual transformation that internationalized human rights. Importantly, it eliminated that subtle but critical difference discussed earlier; individuals were no longer subject to the laws of their nations, but subject to a higher authority of international law that guarantees their human rights.

What legacies did the Nuremberg Trials create?

1) Defined an international concept of universal human rights.

See above discussion.

2) Granted civilians in war basic human rights.

Today, civilians who experience war are guaranteed basic human rights that all belligerents must abide, or else be accused of war crimes. These are further defined by additional humanitarian laws that provide different protections depending on the whether the civilian is a child, disabled or a migrant.

For simplicity’s sake, these are some of the basic rights granted to civilians in war, which seem revolutionary compared to the pre-WWII period:

  • civilians have a right to receive relief and aid from any party, government or non-state actor
  • when detained or imprisoned, civilians must be given food, water, and allowed to communicate with loved ones in order to preserve one’s dignity and physical health;
  • sick or wounded have a right to receive medical assistance, regardless of whether they are a belligerent
  • medical workers must always be allowed to provide life-saving assistance to wounded or injured and must never be attacked
  • belligerents are prohibited from causing the following upon civilians: violence to the life, health or physical or mental well-being of persons (including murder, torture, corporal punishment and mutilation), outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault; taking hostages, collective punishments and threats to commit any of the above.

If you’re a POW, you’re also afforded significant rights.  If you’re a belligerent yourself, you have certain obligations to provide for civilians under occupation, and you have rights to legal process and representation.

While the Nuremberg Trials may have closed the pre-WWII loophole regarding civilians’ rights in war, war crimes against civilians still occur today. Shocking examples include the increasing male victims of rape at Libyan detention centers, or last week’s sexual exploitation of Syrian women in return for relief, or the recent abduction of 110 Nigerian school girls by Boko Haram

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On 5 March 2018, Human Rights Watch revealed that seven boys under the age of 14 living in a Russian orphanage for children with disabilities claim they were raped by staff and visitors. Although this will be handled by domestic courts, HRW uses press releases like this to bring attention to the systematic failures by national systems, like Russia’s institutions for disabled children, which is currently being monitored for widespread human rights abuses.

3) Genocide became a crime.

It might sound ridiculous to think that genocide had never been outlawed until WWII, but when one pauses and considers the multiple genocides that occurred before the Holocaust, explicit laws were evidently required to deter governments or political groups from undertaking acts “with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group” (1948 Geneva Convention). And, if one pauses to consider this meaning of genocide, then it can be evidenced in other major historical contexts or themes, including colonialism, imperialism, slavery, nationalism, etc.

After the collapse of communism in the 1990s, when suppressed nationalism of multiple ethnic groups was unleashed in places like Yugoslavia and Bosnia, the UN investigated evidence of war crimes for the first time since Nuremberg. Notably, rape was recognized as a crime against humanity for the first time in the aftermath of the Bosnian Civil War.

Although genocide has been criminalized, this has not deterred governments and political groups from committing mass atrocities. To date, genocides have occurred in Uganda, Cambodia, Rwanda, Somalia, Bosnia, and many other nations. Also, the legal process to administer justice can extend into the decades. For example, on 24 March 2016, Radovan Karadzic, the former Bosnian Serb leader nicknamed “the Butcher of Bosnia,” now aged 70, was found guilty of genocide, war crimes and crimes against humanity by a United Nations tribunal for his actions in 1995 in Srebrenica. He was sentenced to 40 years’ imprisonment – more than many Nazi war criminals from Nuremberg.

4) Introduced explicit laws for research upon human subjects.

Subsequent Nuremberg Trials also charged the scientists and doctors with crimes against humanity for their extensive medical experiments upon concentration camp inmates. Nazi doctors’ defense was that they were ordered by their government to investigate how to overcome common ailments of German pilots and soldiers (such as hypothermia). However, the persecution team argued, forcing concentration camp victims to die in frigid and icy baths for “medical research” failed to honour doctors’ Hippocratic Oath and underlying ethics to do no harm to patients.

Ultimately, the trial exposed that there was no single blueprint for medical research and, ironically, it forced the American persecution team to find the best and most ethical doctor to testify to research physiology and whose wartime scientific interests corresponded to Nazi research interests. Dr. Andrew Ivy was called as witness for the prosecution and his testimony lasted four days, the longest of the trial.

Dr. Ivy claimed he personally followed three common-sense rules when experimenting on human subjects, such as avoiding all unnecessary physical and mental suffering and injury to patients, or conducting trials on the basis of animal experimentation first. While such guidelines were evidence that medical experiments could be undertaken ethically, this trial revealed that there were no written principles of research in the United States or elsewhere before December 1946. In fact, the legal defense at the time argued that there was no difference between the actions of Nazi doctors and those actions of U.S. doctors at Stateville Prison in Joliet, Illinois, by experimenting with a malaria vaccine on prisoners.

Again, as victors of the war, the Nuremberg judges had the final say. They created a 10-point research ethics code, known today as the “Nuremberg Code.” Although it was not formally adopted by any nation, the irrefutable importance of informed consent was adopted into the UN’s international laws in 1966. Informed consent was, and remains, the core pillar of any research upon human subjects to this day.

5) Created a permanent international court for war crimes.

The International Criminal Tribunal for the former Yugoslavia, or ICTY, was the first war crimes trial held after Nuremberg. In many ways, ICTY was similar because it held four categories of crime, it had a panel of judges, it pursued justice according to international laws and conventions. But, of course, it was modified from its predecessor; according to Bernard D. Meltzer, the ICTY sat at The Hague to signify its neutrality and internationality, it had a smaller team to collect evidence and thus relied heavily on oral history testimonies, it also utilised new methods in forensic evidence, etc.

After the International Criminal Tribunals for former Yugoslavia and then Rwanda, the international community created the International Criminal Court (ICC), in force since the Rome Statute in 2002. According to the Robert H. Jackson Centre, the ICC “is the first ever permanent, treaty-based, international criminal court established to promote the rule of law and ensure that the gravest international crimes do not go unpunished.”

The ICC is currently investigating war crimes in Uganda, Darfur (Sudan), Democratic Republic of Congo, Kenya, Libya, Mali, Georgia, Central African Republic, Côte d’Ivoire, and Burundi.

6) Created an irrefutable historical record of war crimes.

At a time when German society, and the international community, wanted to move on from war and embrace happier peacetime activities, the Nuremberg Trials became an invaluable historical record for future generations. No one today can claim ignorance to the atrocities or scale of the Holocaust. And a great part of that is due to the extensive research, legal proceedings and publicity of the Nuremberg Trials.

Today’s discussions about Nuremberg – and essentially about international justice – now include the great disparity between Nazi Germany’s culpability and the Allies’ culpability of war crimes. For example, no Nazi at Nuremberg was charged with terror bombardment since the use of strategic bombardment against civilians had been a pillar of the British and US war efforts (the controversy surrounding Dresden still rages today). Or, the failure of Nuremberg to legitimise the brutal mass rape of German women by Soviet AND American forces in immediate post-war Germany. And, of course, many others that may not be fully explored until the victor’s narrative of the Second World War, and generation who experienced and created it, passes away.

Switzerland’s No-So-Secret Wartime Weapon: The Case of the Swiss-led Child Evacuations

Last month, the BBC published an article “Is this Switzerland’s Schindler?” about a Swiss man named Carl Lutz who used his position as an envoy for neutral Switzerland stationed in Budapest to issue letters to thousands of Hungarian Jews during the Second World War. These special letters extended Lutz’s diplomatic protection to those targeted for deportation. Lutz saved an astounding 62,000 Jews from being sent to the concentration camps.

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Crowds expecting to be deported gather outside Carl Lutz’ office in Budapest to get protective letters in late 1944 (photo credit). Notably, Carl Lutz not only issued letters to individuals and families, but also 76 buildings that housed these groups. The Glass House survives today as a result of Lutz’s intervention.

It’s a very remarkable story. Not only does it demonstrate the extent to which people in positions of power could sacrifice their own safety for the survival of total strangers, but it also exemplifies how Swiss citizens could mobilise their government’s neutral status in WWII to help victims of persecution.

Shortly after this article was published, a friend contacted me and, knowing that I studied Switzerland during the Second World War, asked me about Switzerland’s wartime humanitarian efforts: But Chelsea, didn’t the Swiss create the Red Cross? And weren’t they neutral during the war? If so, did they help protect Jews during the war through the Red Cross? And what about refugees fleeing the Nazis? Honestly, why didn’t every single person just pack their bags and move to Switzerland during the war?

These are all excellent questions. Switzerland’s neutrality certainly means that it had a unique position in wartime Europe. Combined with its history of humanitarianism (yes, it did create the International Committee of the Red Cross), and its convenient geography in central Europe (bordering Austria, Germany, France, Italy and Liechtenstein), Switzerland appears to be perfect hiding spot from the Nazis, and a country that could manoeuvre through tense wartime diplomacy to help victims of war. Well spotted, my friend.

Added to all these facts was (and remains) Switzerland’s strong legacy of banking (supported by valuable privacy laws). Foreign investors still flock to Swiss banks because of its centuries of neutrality (and thus financial stability during war), including foreign governments.  In fact, some scholars argue Switzerland’s ability to financially shelter governments’ investments was the single reason that it was not invaded during the war – Swiss banks were just too valuable to both the Allied governments and Nazi Germany’s financial health to even consider crossing one platoon into its little alpine territory.

So really, we have three non-negotiable factors that influenced (and continue to influence) Switzerland’s political actions: neutrality, humanitarianism and banking. Remarkably, Switzerland protected its geographic borders from invasion in both World Wars due to its ability to maintain amicable relationships with belligerent nations. It provided them with a neutral trading centre (ie. banks and foreign currency), as well as becoming an intermediary for international organizations, such as the League of Nations. This tradition still stands today.

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Today, if you’re lucky enough to be able to afford a trip to Geneva, you can walk past the United Nations (above), the headquarters of the World Health Organisation, the International Committee of the Red Cross, the International Labour Office and the World Trade Organisation – all a stone’s throw from the same street! (And you’ll have to walk because you won’t be able to afford anything else).

Although Switzerland’s neutrality, humanitarianism and banking can be seen as massive opportunities and methods to help others, they were often used as excuses by Swiss authorities to limit, evade, or reject multiple initiatives that would have saved countless lives during the Second World War.

However, in keeping with the optimism and sacrifice that Carl Lutz has shown the world, I will write about one extraordinary example where Swiss citizens overcame these limitations to provide refuge and relief to one of the most vulnerable groups suffering under Nazi rule – children.

Why would the  Swiss government reject humanitarian initiatives?

Ultimately, Switzerland feared being overrun by refugees. As Switzerland depended on warring countries for its imports (about 55%) and exports (about 60%), there was simply not enough resources to ensure its national survival if thousands of foreigners (even refugees) came to stay. Over half of the coal in Switzerland, for example, originated from Nazi Germany’s monthly shipments. Thus, Switzerland had to balance national survival with shrewd financial decisions. (For more on Swiss wartime economy, see Herbert Reginbogin’s [2009] Faces of Neutrality, and Georges-André Chevallaz’s [2001] The Challenge of Neutrality, Diplomacy and the Defense of Switzerland).

Similar to today, Europe was overwhelmed with refugees still displaced by the First World War, the Turkish-Armenian War, the Russian Civil War, and the impact of famines gripping eastern Europe. Similar to today, refugees were not simply a passing trend.

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Multiple charities helped refugees in the wake of the First World War. By 1921, when the Russian Civil War had produced countless refugees and starving children, the Save the Children Fund had found it’s stride. It campaigned on the big screen by showing films of the conditions children faced to British audiences. For a brief history, see here.

By the end of 1933, the first year of power for the Nazis, some 37,000 Jews had voluntarily emigrated from Germany as a direct result of increasing violence and persecution (RJ Evans, Third Reich in Power). With Germany’s introduction of the Nuremberg Laws in 1935 – stripping all Jews in Germany or Austria of their citizenship and thus making them stateless refugees in their own country – the world began to realise it had a growing refugee crisis on its hands, especially if Hitler’s militarisation of Germany continued to go unchallenged.  Despite this, countries like France and Britain were apathetic to the plight of these refugees, instead being more concerned with unemployment or other domestic issues (Claudena Skran, Refugees in Inter-war Europe). Sounds like the recent situation in Calais, no?

But refugees had protected rights. In 1933, refugees gained internationally recognised rights (to passports, for example) for the first time, granted by the League of Nations (which, notably, Germany withdrew from in 1933). But this did not equate to decent treatment or immediate asylum for refugees worldwide. In fact, it still doesn’t. (See how refugees today are treated in Libyan detention centres).

In 1938, President Roosevelt’s administration organized the Evian Conference in France to help coordinate efforts to facilitate the emigration of refugees from Germany and Austria.  But the conference was unsuccessful, because most participating nations seemed more concerned with turning the refugees away from their own borders or, in the case of Britain, by simply refusing to contribute to it (Skran, Refugees in Inter-war Europe, 280).

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Lord Winterton, the English representative at the Evian Conference, gives a speech to attendees (photo credit). TIME reported on 18 July 1938, “Britain, France, Belgium pleaded that they had already absorbed their capacity, Australia turned in a flat ‘No’ to Jews, and the U. S. announced that she would combine her former annual Austrian immigration quota with her German to admit 27,370 persons (who can support themselves) from Greater Germany next year.”

Switzerland’s delegate, Heinrich Rothmund (the Chief of Police and responsible for Swiss borders and immigration), argued that larger countries, such as the US, should absorb large numbers of refugees so that European nations could operate as merely transit countries. Seems logical, eh? However, this line of policy was not accepted.  By the time the Second World War broke out, very few legal stipulations existed which governed the admission and rejection of refugees, and, instead, refugees had to rely upon the decisions made by individual countries. The League of Nations, and the international community, had ultimately failed to protect refugees in time for war.

By late 1938, Rothmund’s idea to treat Switzerland as a transit country had failed.  Escalating Nazi persecution (and the annexation of Austria) caused more fleeing Jews to congregate at Swiss borders. At this point, Rothmund decided that all refugees without visas, especially Jews, would be rejected from Swiss borders. Switzerland then implemented a new, discriminatory method of stamping all Jewish passports and visas with a large J (J for “Jude” meaning “Jew”). This “J-stamp” method to clearly distinguish Jews from other refugees was recommended to Nazi officials by a Swiss legation in 1938. Unfortunately, the Nazis adopted this into their own immigration and deportation protocols. (For a collector’s example, see here).

Amidst public outcry, Switzerland closed its borders in August 1942, justified by Swiss authorities due to an alleged lack of resources. The border closures remain one of the darkest chapters of Swiss history as Swiss actions directly impacted refugees, forcing many refugees to face persecution and death (This was a major finding of a large 25-volume Swiss government-commissioned study in the 1990s, see here). And, in November 1942, when Germany invaded southern unoccupied France, fresh waves of refugees fled to Switzerland’s strictly controlled borders; most were turned away, resulting, for some, in eventual deportation to mass extermination camps. By late 1942, Swiss refugee policies slowly changed, but it was not until July 1944 that the border opened again fully to Jewish refugees.

Switzerland’s Wartime Dilemma: How to Help Refugees when Limited by (an anti-Semitic and anti-refugee) government?

Similar to so many countries today, private citizens vehemently disagreed with their government’s restrictive border controls to limit the intake of refugees. This friction provoked Swiss civilians to turn to non-governmental organizations to help victims of war they deemed worthy of their donations, relief and aid.

One key example is the “Swiss Coalition for Relief to Child War Victims” (Schweizerische Arbeitsgemeinschaft für kriegsgeschädigte Kinder, or Le cartel Suisse de secours aux enfants victimes de la guerre). A mouthful, I know, but let’s call this group the “Swiss Coalition.”

The Swiss Coalition was an alliance of seventeen Swiss charities that sought to evacuate children from war-torn Europe to Switzerland. Although it had operated successfully during the Spanish Civil War (evacuating over 34,000 child refugees of the Spanish Civil War to multiple host nations), this “new” Swiss Coalition was bigger, prepared and practiced. Importantly, remaining funds from its Spanish operations were liquidated and added to the new coalition’s purse.

In 1940, the Swiss Coalition began its remarkable work. Raising over 700,000 Swiss francs in one year alone, the Swiss Coalition appealed to the humanitarian spirit of the Swiss people. One initiative encouraged thousands of Swiss families to voluntarily host children from southern France (then unoccupied by Nazi forces) for three months in their own homes. This ingenious method bypassed Switzerland’s strict immigration controls, as the children would not be a perpetual national burden, as well as appearing more attractive to Swiss hosts, as the children would not be a permanent family commitment.

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When children arrived, they gave their information to Red Cross workers who then compared it to the transport manifest and reported it to immigration authorities. After medical screening and delousing at Swiss train stations, they received their first warm meal in Switzerland. (Photographer Hans Staub. Basel train station, circa 1942. CH-BAR J2.15 1969/7 BD116, Belgische Kinder kommen (nach Basel), circa 1942).

The measure was extremely popular among the public, and by November 1940, when the first evacuations from unoccupied France began, the number of families volunteering to host children actually outnumbered the children selected for evacuation. Thousands of families offered spots for French children; over 2,000 were offered in Geneva alone. By December 1941, the Swiss Coalition hosted more than 7,000 children in Switzerland, the majority of them French (Swiss Federal Archives, CH-BAR E2001D 1968/74 BD 16 D.009 14 and Antonie Schmidlin, Eine andere Schweiz, 137).

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Notice the fatigue from this little Belgian boy. The captain reads “Arrival of Belgian child convoys in a Swiss train station. The children have travelled all night, have slept little and are now hungry and tired.” (Photographer Kling-Jenny. CH-BAR J2.15 1969/7 BD116, Belgische Kinder kommen (nach Basel), circa 1942).

The success continued and operations enlarged. Surprisingly, Nazi authorities agreed to temporary evacuations from their occupied zone, as it was hardly an inconvenience for them; the Swiss operated and funded the evacuations and – crucially – Switzerland was neutral. In February 1941, child evacuations from German-occupied northern France began, and the Swiss Coalition was the first foreign agency allowed into blocked areas, such as Dunkirk, Calais and Boulogne.

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Medical assessment was the chief criterion for selection. Due to the typhoid epidemics in late 1940 and summer 1943 in northern France and rampant diphtheria during the winter of 1942-43, it was necessary to protect the children, and the Swiss hosts, from such diseases. (CH-BAR J2.15 1969/7 BD 114, Kindertransporte aus Frankreich, March 1942).

In 1942, Belgian children suffering under Nazi rule were now evacuated. Generous donations from Swiss citizens continued to pour in and the Swiss Red Cross joined the operations. This was an important moment because it meant that the national Red Cross infrastructure (and doctors) could be utilised. This was certainly a formidable humanitarian operation.

Strict immigration controls still existed though. By mid 1942, Kinderzüge, or special Children’s Trains, were only allowed to travel one day per week. It had to be the same day every week. Maximum 830 per train. Only 1 adult per 30 children. According to Heinrich Rothmund’s office, there was to be absolutely no deviation from the following criteria:

  • Only children with appropriate identity papers (passports) that allowed them to return to France or Belgium could be selected. This was difficult for stateless groups, such as Jewish families who had left fled Germany or Austria for France. Importantly, this meant that no German-Jews could be evacuated. This also ensured that no child became a responsibility of the Swiss government.
  • Poor health was the sole criterion for selecting children (secondary to having the correct identity papers, of course).
  • Children had to be selected by Swiss Coalition doctors and medically screened upon arrival in Switzerland.
  • Children had to be 4 years to 14 years old.
  • Swiss Federal Police have the full authority to reject children upon entry on any grounds for any reason.

Once the children arrived in Switzerland, there was a host of additional criteria they had to follow while residents in Switzerland. While you could argue that these pedantic rules prevented children from becoming lost or abused by their hosts, it also meant that no one could abuse this temporary system of asylum. No Swiss host could extend a child’s stay, for example.

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Rothmund specified that Medical Corps of the Swiss Frontier Guards (above) had to deem the children physically poor in order for admission into Switzerland. If entry was refused, then children were not to cross the Swiss border and were immediately returned to their home country. I’ve found no direct evidence to reveal that children were rejected. (CH-BAR J2.15 1969/7 BD116, Belgische Kinder kommen (nach Basel), circa 1942).

Despite the impressive enterprise, the Germans terminated the evacuations from Belgium in May 1942 and from France in October 1942. Their justification was based upon the belief that children in Switzerland would become politically incited with anti-German sentiments. (Yep, really).

The Nazis’ termination of these three-month evacuations coincided with Swiss border closures in late 1942. (But it is important to point out that some children gained entry into Switzerland, including those admitted due to tuberculosis and others sent through another initiative led by Pro Juventute). It was not until July 1944 when the Swiss Coalition resumed the three-month evacuations.

In total, over 60,000 French and Belgian children benefitted from these temporary child evacuations (including some from Yugoslavia) during the Second World War. In the post-war period, this was expanded to other war-stricken nations and an additional 100,000 children were welcomed to Switzerland from 1945 to 1949.

So what?

While I discuss Switzerland at length here, the obligations among so-called “neutral” nations to help refugees is not just about Switzerland. If we put any nation under a microscope, we will discover many unwelcome truths about its immigration policies. Assigning responsibility (and culpability) for who did or did not protect refugees, including Jews, is a tricky exercise, especially when discussed on such a large, international scale.

Perhaps Swiss historians say it best. When ascribing responsibility for Switzerland’s lack of action to protect vulnerable groups, notable Swiss historian Edgar Bonjour argued that the entire generation of Swiss made it possible for the democratic government to create such refugee policies. Historian Stephen Mächler (Hilfe und Ohnmacht, 440) pushes this further to criticize “the entire globe,” as everyone opposed welcoming refugees, especially Jews, making it nearly impossible for Switzerland to do anything but to create similar refugee policies. However, as Georg Kreis argues (Switzerland and the Second World War, 113), if all are responsible, then ultimately no one is responsible

Let’s return to our “Swiss Schindler”. As a diplomat working from a Swiss consulate in Budapest, Carl Lutz was protected by international law and granted immunity to local conflict, as any diplomat should be treated. But, importantly, only neutral governments during the Second World War could act as protective powers. As Lutz was the citizen of a neutral government, this meant that his Swiss embassy in Budapest acted as an intermediary and/or protective power for other warring nations without diplomatic representation in Hungary. (This system still operates today; a Canadian pastor was recently released in North Korea via the Swedish embassy because Canada designated Sweden to be its protective power). Therefore, Carl Lutz’s citizenship to neutral Switzerland played an incredibly critical role in the lives of 62,000 Jews.

Remarkable initiatives like the Swiss Coalition, and the actions of Swiss citizens like Carl Lutz, Paul Grüninger, Hans Schaffert, Roslï Näf, and so many others, deserve great attention. They not only sacrificed their own personal comfort, safety and even careers, but they discovered cunning ways to capitalise on their Swiss neutrality for the protection of thousands of people. In this sense, their humanitarianism (and courage) seems amplified. Neutrality was not a limitation or excuse to not intervene, but actually an influential weapon that could be used, if in the right hands.