Whom to select for the list of 21-22 persons to be charged? Well, whom did the allies have in custody? Not all those they desired. They had Reichsmarschall Herman Göring who headed the air force. Whatever the valid charges against Göring, they were not considered to be mitigated by the fact that under Göring the German air force was mainly used against enemy formations on the battleground and not, like the US and British air forces in saturation terror bombing of civilian cities, such as Dresden, Tokyo, Hiroshima, and Nagasaki, or by the fact that in Hitler’s final days Hitler removed Göring from all his positions, expelled him from the party, and ordered his arrest.
The Nuremberg trials are paradoxical in that the law Jackson intended to establish applied to every country, not to Germany alone. The ex post facto law under which Germans were sentenced to death and to prison also criminalized the terror bombing of German and Japanese cities by the British and US air forces. Yet, the law was only applied to the Germans in the dock. In his book, Apocalypse 1945: The Destruction of Dresden (1995), Irving quotes US General George C. McDonald’s dissent from the directive to bomb civilian cities such as Dresden. Gen. McDonald characterized the directive as the “extermination of populations and the razing of cities,” war crimes under the Nuremberg standard.
