Archie wrote: ↑Sat Oct 19, 2024 3:35 pm
Selection Bias
This is not even a controversial point, i.e., it's not just "Holocaust deniers" who say this. The plain fact is that the documents for the war crimes were cherry-picked by the prosecution.....
There was at the very least a skewed selection of documents.
'Selection bias' or skewing is really not an issue here. The documents chosen for IMT especially were clearly the tip of an iceberg. The NMT trials used even more documents, but also afforded defense lawyers the opportunities to research in the same collections of files as the prosecutors, which some took up with alacrity.
Subsequent historical research shifted over to using the underlying collections. Anyone who's researched Third Reich era document collections which passed through US hands, whether in the NARA microfilm versions or the restituted files in the Bundesarchiv, has had the experience of seeing 'Nuremberg' (IMT-NMT) documents in their original files or ordering, and also seeing other documents which they might then wonder why they hadn't been spotted back then. The answer is there was simply so much to go through, and the concerns of 1940s prosecutors prevailed, especially after extraditions kicked in.
While a great many key documents for all themes (not just the Holocaust) were first publicised and used at IMT-NMT, it cannot be argued that today these are all that are used.
There is inevitably a
'survival bias' with German documentation because so much was destroyed, but historians are very conscious of this, since surveying the sum total is kind of the point when researching a big project. That requires long hours spent combing through finding guides and catalogues, and their compilation has been an ongoing process, alongside further declassifications or discoveries, so the piles of German documents have grown even in the past 20 years.
There are obvious missing parts, gaps, series which survive in only incomplete form (e.g. Hitler's situation conferences once protocolled by stenographers), and cases where a directive or prior report is referred to, and this doesn't survive, or only the cover letter survives.
Increased exploration of the documentation did force changes to interpretations, especially as the 'dots' thickened. The classic example being the interpretation of when an order for the Final Solution might have been issued, in the first postwar decades this skewed earlier, by the 1980s-1990s the availability of more documents not used in trials made nearly everyone gravitate towards a later date, all generally within one year, which is hardly a huge change. It's therefore unfair to berate earlier historians for not spotting a pattern they couldn't have discerned until various documents came to light in the course of later, and entirely regular, historical research.
Viewed with hindsight, the documents selected for IMT for the Holocaust seem more like illustrations than attempting to piece together a comprehensive picture. Both the US and Soviets were sitting on very significant sources and had either not found them yet or didn't think they needed to belabour the point, which was also potentially influenced by the judges often telling prosecutors they'd heard enough. Certainly there were a number of witnesses brought to IMT who never took the stand for this reason, including survivors of Sonderkommando 1005 at Babyn Yar.
There are many documents in the IMT document code series like -PS which were simply not entered into evidence in the trials, but historians could go through them later alongside regular archival collections. One sees references to unpublished Nuremberg documents all the time. I certainly went through boxes of British copies of IMT documents at an early stage and found various sources like this, which I then could find in their proper homes in NARA microfilm series of the entire runs of records. Going through Nuremberg documents helped as a broad primer to the range of sources in the regular collections, and doing so with photocopies of the originals helped figure out the formatting and other quirks, especially as one could so easily contrast military, civilian and SS/Police records.
The unused NMT documents included some that were selected for potential use against some defendants who did not stand trial - this is especially apparent with NOKW-series documents compared to the High Command Trial. But the documents selected by the prosecution and defense for this trial as well as its preparatory stages correspond entirely to the main series of military records, which are much bigger. The two Wehrmacht NMT trials are microfilmed on 117 reels, including many duplicates/translations and lengthy transcripts, so the document books are a much smaller fraction. Just the ground forces and OKW/OKH series in RG 242 come to 9,582 microfilm reels, and the Americans still didn't copy everything, so the German archive sets are even larger, just considering the same kind of operations-type records, leaving personnel files etc to one side. The NMT trials do include some of the personnel files of the accused, taken from a collection that is 1,849 microfilm reels long.
The selection of cases and defendants for NMT certainly did 'skew' perceptions for a while due to what was and wasn't being prosecuted and highlighted. But as Donald Bloxham has argued in Genocide on Trial, this meant some aspects of the Holocaust were downplayed. This was often because of patterns of extradition - the Polish NTN trials, aka 'Poland's Nuremberg', meant many senior Nazis on a par with NMT defendants were handed over to Poland, so their cases, and the documents the Poles used to prosecute them, were less well known for a short while after the 1940s, but did become known by the 1960s and even more so by the 1990s.