Manfred Roeder (judge)
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Manfred Roeder (August 20, 1900 – October 18, 1971) was a military judge in
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
. Serving on the highest wartime court, he led the investigation and examinations and later the prosecution of the German Resistance group, the Red Orchestra. He shared responsibility for the dozens of
death sentence Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
s handed down by the Reich court martial to Red Orchestra members. After Germany's defeat in
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
, there were attempts by survivors, family and the U.S. Army to investigate the prosecutions of Red Orchestra members and others, but Roeder was never convicted of any malfeasance or crime because the Allies thought it more expedient to use his 'expertise' to hunt down the Red Orchestra members a second time than to mete out justice for victims of the Nazis; this time to aid the Western Allies with information about the Russians in the nascent cold war.


Life and career

Roeder, the son of a Landgericht director from
Kiel Kiel () is the capital and most populous city in the northern German state of Schleswig-Holstein, with a population of 246,243 (2021). Kiel lies approximately north of Hamburg. Due to its geographic location in the southeast of the Jutland ...
, served in
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
Shareen Blair Brysac
''Resisting Hitler: Mildred Harnack and the Red Orchestra''
Oxford University Press (2000), p. 350.
in the 83rd Field Artillery as a lieutenant. He was later awarded an Iron Cross (2nd Class) for having been gassed. Following the war, Roeder joined the
Freikorps (, "Free Corps" or "Volunteer Corps") were irregular German and other European military volunteer units, or paramilitary, that existed from the 18th to the early 20th centuries. They effectively fought as mercenary or private armies, rega ...
and later went to university to pursue a law degree. He became a judge in 1934 and soon after, was made a military judgeHeinz von Höhne
"Die Geschichte des Spionageringes 'Rote Kapelle'"
'' Der Spiegel'' (July 8, 1968). Retrieved January 30, 2012
in the legal services of the
Luftwaffe The ''Luftwaffe'' () was the aerial-warfare branch of the German ''Wehrmacht'' before and during World War II. Germany's military air arms during World War I, the ''Luftstreitkräfte'' of the Imperial Army and the '' Marine-Fliegerabtei ...
in April 1935. Roeder was the original investigating Nazi attorney in the Red Orchestra case and he later became the prosecuting attorney. Roeder was known to Hitler and Göring as one of the hardest and most loyal military judges; prisoners nicknamed him "Hitler's blood judge", a name also given to
Roland Freisler Roland Freisler (30 October 1893 – 3 February 1945), a German Nazi jurist, judge, and politician, served as the State Secretary of the Reich Ministry of Justice from 1934 to 1942 and as President of the People's Court from 1942 to 1945. As ...
.


Postwar investigations and legal battle

On September 15, 1945, former
Prussia Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an ...
n Culture Minister
Adolf Grimme Adolf Berthold Ludwig Grimme (31 December 1889 – 27 August 1963) was a German politician, a member of the Social Democratic Party (SPD). He was Cultural Minister during the later years of the Weimar Republic and after World War II, during the ...
, a friend of the executed Adam Kuckhoff and himself a former member of the Red Orchestra, filed a complaint against Roeder for perversion of justice in his role as investigating attorney and prosecutor of the case. A few months later, the U.S. Army began investigating the case of Mildred Harnack, an American citizenBrysac (2000
p. 14
Retrieved February 18, 2012
and wife of one of the Red Orchestra's leading members. She had met and married Arvid Harnack in
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
, then followed him back to Germany in 1929. They were both arrested in connection with the Red Orchestra and accused by the Nazis of being spies for the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...
. The U.S. Army War Crimes Group began investigating Mildred Harnack's case for denial of due process in February 1946. Though her arrest had been kept secret and she had been denied the right to hear or confront her accusers and the U.S. Army determined that she and her husband had been tortured,"Reality, Fiction Blur In Mildred Fish-Harnack's Story"
WISC-TV WISC-TV (channel 3) is a television station in Madison, Wisconsin, United States, affiliated with CBS and MyNetworkTV. It is the flagship television property of locally based Morgan Murphy Media, which has owned the station since its inception ...
Channel 3000, Milwaukee, Wisconsin. (November 16, 2007). Retrieved February 18, 2012
in November 1946, the War Crimes Group determined her case had been properly handled. On January 15, 1947, with the cold war in full swing and Mildred Harnack's CIC file stamped "SECRET" (see photo), the case was closed with the note that it "should not have been referred for investigation" and ordering the office to halt its investigation. In 1951, the case being pursued in the German legal system was similarly halted by the state's attorney in
Lüneburg Lüneburg (officially the ''Hanseatic City of Lüneburg'', German: ''Hansestadt Lüneburg'', , Low German ''Lümborg'', Latin ''Luneburgum'' or ''Lunaburgum'', Old High German ''Luneburc'', Old Saxon ''Hliuni'', Polabian ''Glain''), also called ...
for lack of reasonable suspicion. The final report came to the conclusion that the trials before the Reich court martial were not objectionable and the accused were rightly sentenced to death, since in every age treason has been treated as the "most ignominious crime" and the participants in the July 20, 1944 plot to assassinate
Hitler Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
were driven in broad measure by treason and espionage. During the early 1950s Roeder unabashedly continued his public attacks on, and defamation of, the surviving members of the 'Rote Kapelle'. He cited the cost of their 'treason' in terms of German military losses while glossing over the millions of deaths caused by the Nazi regime he himself was still defending.Nelson, Anne: ''Red Orchestra: the Story of the Berlin Underground''
Adolf Grimme Adolf Berthold Ludwig Grimme (31 December 1889 – 27 August 1963) was a German politician, a member of the Social Democratic Party (SPD). He was Cultural Minister during the later years of the Weimar Republic and after World War II, during the ...
, Günther Weisenborn, and particularly Greta Kuckhoff, tried to file a lawsuit against Roeder for "crimes against humanity" for having used torture,"Hitler Ordered Death Of Wisconsin Woman Who Led Nazi Resistance"
WISC-TV WISC-TV (channel 3) is a television station in Madison, Wisconsin, United States, affiliated with CBS and MyNetworkTV. It is the flagship television property of locally based Morgan Murphy Media, which has owned the station since its inception ...
Channel 3000 (November 15, 2007). Retrieved February 18, 2012
but the case was delayed by the state's attorney in Lüneburg until the end of the 1960s, at which point it was closed and dropped.Eva Liebchen
"Günther und Joy Weisenborn"
Friedenau Netzwerk. Retrieved January 28, 2012
No case was ever brought against Roeder to determine if his method of using torture to obtain information or the sentences he pursued in court constituted crimes.


Sources

* Helmut Kramer: "Als hätten sie nie das Recht gebeugt." In: ''Ossietzky.'' 23/2002. Verlag Ossietzky (see external link) * Hiska D. Bergander: ''Die Ermittlungen gegen Dr. jur. et rer. pol. Manfred Roeder, einen „Generalrichter“ Hitlers – Eine Untersuchung zur unbewältigten Rechtsgeschichte der NS-Justiz'', Doctoral dissertation, Bremen, 2006 * Elke Endrass: ''Bonhoeffer und seine Richter. Ein Prozess und sein Nachspiel'' Stuttgart: Kreuz, 2006, * Heinrich Grosse: ''Niemand kann zwei Herren dienen - Zur Geschichte der evangelischen Kirche im Nationalsozialismus und in der Nachkriegszeit" Blumhardt Verlag, Hannover, 2nd edition 2010. * Lower Saxony state capital archive: 56 volumes from preliminary proceedings of the Lüneburg state's attorney, fully available at '' Der Spiegel'' house archive, Hamburg * Stefan Roloff, Die Rote Kapelle, Ullstein Verlag, München 2002, * Stefan Roloff, "The Red Orchestra" documentary with survivors http://when6is9.de/films-and-videos/the-red-orchestra/


Notes


References


External links

* {{DEFAULTSORT:Roeder, Manfred 1900 births 1971 deaths Jurists from Kiel 20th-century Freikorps personnel Luftwaffe World War II generals Judges in the Nazi Party Recipients of the Iron Cross (1914), 2nd class People from the Province of Schleswig-Holstein Politicide perpetrators