Judgment at Nuremberg (1961) – Finding Responsibility

‘Judgment at Nuremberg (1961)’ is cinema at it´s finest. Director Stanley Kramer created an unforgettable courtroom drama with many legends such as Tracy, Schell, Widmark, Lancaster, Dietrich, Garland and Clift. A relentless masterpiece that deals with the crimes of National Socialism. Or to put it in the words of lawyer Hans Rolfe (Maximilian Schell): “Ernst Janning said ‘He´s guilty.’ .. If he is … Ernst Janning´s guilt is the world´s guilt. No more. No less.” Is it really that simple?

Interlude

I´m a German. It is not a quote. It is a fact. Now, you may ask if I´m particular proud of it? No, I´m not. But I´m also not ashamed or something like that. I like living here and patriotism is not particularly required to be happy. But let me share a personal story, which happened in London many years ago. One evening, I sat at the Hotel bar with my girlfriend. A British fellow started a ‘good old form of small talk.’ “Where are you from?” he said. I replied: “From Germany.” He immediately began to laugh and said: “How´s Hitler doing?” A bit confused, I replied. “Well, he is rotting somewhere in Berlin.” We continued the conversation. The man just made a joke. In this particular case, I´m sure that he didn´t want to insult us. But that´s not the point. The point is that a random person, somewhere on the globe, meets a German and the first thing that pops into the head is “Hitler!” It sticks to us like high-performance glue.

It´s 2024 and not 1948, where the story of the movie takes place, and the world keeps spinning. BUT this doesn´t mean that Germans, and the whole world, should ever forget what happened in Germany during 1933 until 1945. Since my youth, and the history lessons in school, I really want to know the answer to the question: “How was it possible that the majority of the German people followed Hitler?” A human being, who let the world into disaster …

‘Judgment at Nuremberg (1961)’ has made the same pursuit. Have Stanley Kramer and his team found an answer?

“It will be found … most of all … in the character of men”

Chief Judge Dan Haywood (Spencer Tracy) arrives in Nuremberg. A Bavarian town with a long and meaningful history. Sadly, it was also one of the centers of National Socialism during Hitler´s abdominal reign. Multiple thousands of Germans attended the Nazi rallies and some of the dictators most infamous speeches where held during the ‘Reichsparteitage’ at the ‘Zeppelinfeld’ in the outer areas of Nuremberg. For the Americans, it was a natural conclusion that the trials against the Nazis shall take place in this very city.

“I didn´t know it was so bad.” Judge Dan Haywood is shocked by the devastating destruction of Nuremberg. He was sent here by the US government to conduct a trial against four Nazi judges. Spencer Tracy received an Oscar nomination for ‘Best Actor in a Leading Role. ’

In 1948, just three years after the end of World War Two, public attention was increasingly focused on the Cold War. For some, the Nuremberg trials were only a marginal phenomenon. The decision-makers had been convicted or committed suicide before they could be called to account. ‘Judgment at Nuremberg (1961)’ deals, among many other topics, with the question of whether judges in Nazi Germany made their decisions under coercion from the regime or independently.

From left to right on the defendant´s bench: Ernst Janning (Burt Lancaster), Werner Lampe (Torben Meyer), Friedrich Hofstetter (Martin Brandt) and Emil Hahn (Werner Klemperer).

“The case is unusual as the defendants are charged with crimes committed in the name of the law.” Colonel Tad Lawson is in charge for the prosecution. A hardliner which has a personal interest that the verdict will be “Guilty!” He was involved in the liberation of concentration camps during the end of the war. Richard Widmark is a well known character actor, who started his career during the Noir era in movies such as ‘Kiss of Death (1947)’ or ‘Pickup on South Street (1953).’

A very interesting scene is the beginning of Rolfe´s (Maximilian Schell) opening statement. In the ‘Nuremberg Trials,’ it was customary that many participants were equipped with headphones to enable translation into English or German. This assures that everyone in the courtroom can understand what is going on. While Schell is speaking German, the camera pans upwards over the translator´s glass box. Just a few seconds later, the actor continues in English to visualize this process.

Rolfe: “Denn es ist kein gewöhnlicher Prozess.” Translation: “This is not an ordinary trial.” Rolfe: “Mit seinen üblichen abgesteckten Grenzen.” Translation: “By any means of the accepted, parochial sense.” Rolfe: “Der anerkannte Sinn dieses Gerichts …” Translation: “The avowed purpose of this tribunal …”

Rolfe continues in English and speaks this language until the end of the movie: “… is broader than the visiting of retribution on a few men.”

“It is not only Ernst Janning, who is on trial here … it´s the German people.” Hans Rolfe has the (dis)honorable task to defend the Nazi judges. Maximilian Schell was billed fifth in the cast. Nevertheless, he won the Oscar for ‘Best Actor in a Leading Role.’ This constellation has not been repeated before or since.

The scenes outside the courtroom make up about 15-20% of the running time. Even if the speeches and cross-examinations are absolutely first class entertainment, a well-balanced variety is equally important and enriches the movie. One of my favorite parts is Judge Haywood´s stroll through the old section of Nuremberg and his visit to the ‘Nazi Party Rally Grounds.’ The mentioned scenes, and more, were filmed on location in the city. I visited Nuremberg in 2023 and made many comparison shots of the original spots > On Location – Judgment at Nuremberg (1961 & 2023)

The extraordinary cast includes more than just the top billed people. Most of the supporting actresses and actors are first class. For example, William Shatner as Captain Harrison Byers appears in his second movie for the big screen before he became famous for another Captain´s role. Kirk in the ‘Star Trek (1966)’ series.

Another indication for a great supporting cast. Edward Binns plays Senator Burkette. He is known best for his role as Juror Number 6 in ‘12 Angry Men (1957).’

“It was clear to anyone, who had eyes and ears.”

The trial continues and the first topic is sexual sterilization, which can be described with original quotes from Hans Rolfe and Dr. Karl Wieck (John Wengraf), who’s called to the stand:

Rolfe: “Are you aware that sexual sterilization was not invented by National Socialism but had been advanced for years before as a weapon in dealing with the mentally incompetent and the criminal?”

Wieck: “Yes, I´m aware of that.”

Rolfe: “Are you aware that it has advocates among leading citizens in other countries?”

Hans Rolfe now quotes from a High Court opinion, which proves that sexual sterilization was used at the “mentally incompetent” in foreign countries.

He adds afterwards: “… Since the opinion upholds the sterilization law in the State of Virginia, of the United States, and was written and delivered by that great American jurist Supreme Court Justice, Oliver Wendell Holmes.

Haywood and his colleagues at the Judge´s bench are visibly baffled.

Rolfe: “Now, Dr. Wieck. In view of what you have just learned. Can you still say that sexual sterilization was a novel National Socialist measure?”

Wieck: “Yes, I can say it. Because it was never before used as a weapon against political opponents.”

John Wengraf moved to America at the end of the 30s to escape the Nazi terror in his home country Austria. He plays Dr. Karl Wieck, a Councillor of Justice in Nazi Germany until 1935, and feels visibly hurt when Rolfe asks him the following question: “Do you consider yourself free of responsibility?” “Yes, I do.”

After a heated trial day has come to an end, Mrs. Bertholt (Marlene Dietrich) pays a visit to her former home. Judge Haywood lives here now. This is Marlene Dietrich’s first appearance in the movie.

A little cross-examination in the kitchen. Mr. Halbestadt (Ben Wright) and Mrs. Halbestadt (Virgina Christine), the housekeepers of the estate, answer Judge Haywood questions. “Hitler … Hitler did some good things. I won´t say he didn´t do some good things … the ‘Autobahn’ … he gave more people work … we won´t say he didn´t do some good things … But the other things … The things they say he did … we know nothing about it.” “And if we did know, what could we do?” Virginia Christine also appeared in Stanley Kramer´s ‘Guess Who´s Coming to Dinner (1967),’ in which Spencer Tracy played the leading role too.

On the next day, Rudolph Petersen (Montgomery Clift) has to testify as a witness of the sterilization decrees. While prosecutor Lawson tries everything to maintain the dignity of the mentally retarded victim, lawyer Rolfe maneuvers him in a corner so that every one should see that the Nazis had to sterilize him because of his imbecility and not because his father was a communist.

It took many takes until Kramer decided that Montgomery Clift´s performance as Rudolph Petersen fits. He had difficulties with alcoholism before and during shooting. There are many indications that the director cast him on purpose, so that the broken character of Petersen could be displayed more realistic and dramatically. It paid of. Clift received an Oscar Nomination for ‘Best Actor in a Supporting Role.’

“When I walked into the court they made up their minds. They made up their minds!”

“I want to understand. I do want to understand.”

The movie shifts it´s focus from ‘The Temple of Justice’ to his Nuremberg surroundings. Judge Haywood is longing for answers and is fascinated by Mrs. Bertholt. On a dinner event, they meet again. The beginning of a companionship between an US judge and the widow of a Wehrmacht General. Tracy and Dietrich have a great on-screen chemistry. I like there scenes, which are soaked by professionalism.

Dietrich’s character is the connection to a Nuremberg without black robes, witnesses and testimonies. Almost all scenes, where Haywood is not in court, are used to show the connection between the two and to personify the conflict between post-war Germany and the United States of America.

Haywood wants answers and tries to find them outside the courtroom. Why did apparently no German seems to know what was going on in places like Auschwitz or Dachau?

A drunken Colonel Lawson (Richard Widmark) makes sarcastic remarks about his countrymen, who are worried about the German people. Haywood (Spencer Tracy) remains silent. “There are no Nazis in Germany. Didn´t you know that, Judge? The Eskimos invaded Germany and took over. That´s how all those terrible things happened. It wasn´t the fault of the Germans. It was the fault of those damn Eskimos.”

Mrs. Bertholt (Marlene Dietrich) and Judge Haywood (Spencer Tracy) are wandering through the damaged streets of Nuremberg.

An invitation for coffee and … answers? Mrs. Bertholt (Marlene Dietrich) tells the story about her husband´s execution. She blames the Americans …

“Stop it! Stop it!”

If you know Judy Garland, which I strongly assume that you do, it is very likely that the first thing you associate with is her role as Dorothy in ‘The Wizard of Oz (1939).’ She has also been known for very successful concert tours and her appearances in other Musical Films. However, for a large part of her private life she wasn´t “Over the Rainbow” but “On Drugs.” This was also the case, before she accepted her part in ‘Judgment at Nuremberg (1961).’ 

Now the question arises, why a director like Stanley Kramer offers this important supporting role to an actress who is known best for her strong singing voice in ‘Feel Good Movies’ than for her acting performances in deeply serious dramas. There are two reasons. Firstly, such a casting coup increases public awareness for the movie immensely. Secondly, the motivation is the same as for the selection of Montgomery Clift. Irene Hoffman should be played by an actress who is also broken in her private life in order to do the role more justice.

Judy Garland´s silhouette as a victim of National Socialism. Irene Hoffman is asked by Colonel Lawson to testify on the witness stand against the defendants who have made her life a living hell. Director Stanley Kramer did the same thing, in the two previous years. He cast Musical stars for dramatic roles. Fred Astaire for ‘On the Beach (1959)’ and Gene Kelly for ‘Inherit the Wind (1960).’

The persecution of Jews was already a fundamental component of the National Socialist ideology, in the early years of Hitler’s reign of terror. Consequently, sexual relations between Jews and non-Jews were illegal. The penalty? Death for the Jew and long-term prison sentences for the Aryan sinners. How repulsive these sentences may sound. It was a sad reality.

Irene (Judy Garland) was sixteen years old, when she was accused to have a sexual relationship with Lehman Feldenstein. Ernst Janning, one of the defendants, sentenced her to a prison sentence of two years for perjury. The Jewish merchant was executed. In 1948, Irene speaks up against the men responsible.

The questioning of Irene Hoffman was completely unexpected for the defense. Therefore Rolfe asks the court to make the witness available for questioning at a later date. In between, the trial focuses on a different but comparable topic.

The prosecutor on the witness stand. Colonel Lawson (Richard Widmark) is sworn in to report on the crimes committed in the concentration camps as an eyewitness. Afterwards, he shows the courtroom horrific original footage.

In the evening of the same day, Judge Haywood (Spencer Tracy) has another meeting with Mrs. Bertholt. This time, they discuss the public awareness of the Holocaust during the Third Reich: “As far as I can make out, no one in this country knew … Mrs. Bertholt … your husband was one of the heads of the army … ”

Mrs. Bertholt (Marlene Dietrich): ” … And he did not know. I tell you, he did not know. It was Himmler. It was Goebbels. The SS knew what happened. We did not know.”

Hans Rolfe with a wrinkle of anger: “Yesterday the tribunal witnessed some films … they were shocking films … devastating films. As a German, I feel ashamed that such things could have taken place in my country … it can never be a justification for them … not in generations … not in centuries … But I do think that it was wrong, indecent and terribly unfair of the prosecution to show such films in this case. In this court! At this time! Against these defendants! And I can not protest too strongly against such tactics.”

After this outburst, Rolfe cross-examines Irene Hoffman with every trick in the book. He wants to get the agitated and disturbed housewife to confirm acts that were forbidden under the Nazi Laws. They spur one another to top performances in their play. Before the scene, Garland asked Schell to be particularly mean. It worked and paid off!

Hoffman: “There was nothing like you´re trying to make it sound.” Rolfe: “What else?” Hoffman: “There was nothing … Stop it!”

Ernst Janning rises to disrupt Rolfe´s relentless crossfire! Up to this moment, Burt Lancaster has not spoken a single word in the courtroom scenes. But after nearly 2 hours and 15 minutes, Janning can´t hold his horses anymore: “Herr Rolfe! … Are we going to do this again?”

“There was a fever over the land!”

Janning´s testimony is not the confession of one single man. It is representative for most of the German people in 1933 until 1945, which have lived in their homeland during this period. I remember a story my grandfather once told me: “Many Jews lived in our street, before the Nazis came to power. Suddenly they all vanished.” He has known for sure what happened. But living under National Socialism was, most of all, living under fear. “If you speak up, you find yourself in a concentration camp.” “If you say one wrong word, they kill you .” Ernst Janning´s speech is representative for a tragic era and Burt Lancaster delivered a masterful performance.

“There was a fever over the land. A fever of disgrace, of indignity, of hunger. We had a democracy, yes. But it was torn by elements within. Above all, there was fear: Fear of today, fear of tomorrow, fear of our neighbors and fear of ourselves. Only when you understand that can you understand what Hitler meant to us.” Burt Lancaster insisted on a guarantee that the shooting of his scenes will take place entirely in a Hollywood studio. Otherwise, he would have declined the role.

“I am aware. My counsel would have you believe we were not aware of the concentration camps. Not aware. Where were we? Where were we when Hitler began shrieking his hate in the ‘Reichstag?’ Where were we when our neighbors were being dragged out in the middle of the night to Dachau? Where were we when every village in Germany has a railroad terminal where cattle cars were filled with children being carried off to their extermination? Where were we when they cried out in the night to us? Were we deaf? Dumb? Blind?”

Ernst Janning (Burt Lancaster) confesses and talks about himself in the third person: “And Ernst Janning worse than any of them because he knew what they were and he went along with them. Ernst Janning who made his life excrement because he walked with them.”

“It is the dilemma of our times.”

Maximilian Schell´s portrayal of Hans Rolfe is remarkable. His acting skills peak in the final attempt to safe the defendant(s). He became known worldwide for ‘Judgment at Nuremberg (1961)’.  In Germany, it is still a widespread opinion that his dramatic and powerful acting has been the best ever shown by a German in a major Hollywood picture. By the way, have you noticed that Rolfe´s entire defense is build around Janning? To the other three, he only refers by using the plural of the word defendant.

“Germany alone is not guilty. The whole world is as responsible for Hitler as Germany. It is an easy thing to condemn one man in the dark. It is easy to condemn the German people to speak of the basic flaw in the German character that allowed Hitler to rise to power, but also comfortably ignore the basic flaw of character that made the Russians sign pacts with him, Winston Churchill praise him and American industrialists profit by him.”

In his closing argument, Colonel Lawson (Richard Widmark) is visibly embarrassed. But the pressure from his home country and the fear of an impending war against Russia is to strong. The man who has fought for the conviction of the accused argues for acquittal. The words of his army colleague, General Matt Merrin (Alan Baxter), are echoing in his head: “We need the help of the German people. And you don´t get the help of the German people by sentencing their leaders to stiff prison sentences … If Germany goes. Europe goes.”

“Any person who is an accessory to the crime … is guilty”

Judge Haywood’s verdict takes up 12 minutes of the movie’s running time and is shot in one single take with many cameras at once. Spencer Tracy shows everyone what he is made of. The other judges on the bench, Curtiss Ives (Ray Teal) and Kenneth Norris (Kenneth MacKenna), were tempted to rely on international precedents in which is pointed out that judges can not be responsible for their actions as they “only” carry out the laws of their countries. Haywood has convinced them to think again.

“The principle of criminal law in every civilized society has this in common: Any person who sways another to commit murder … any person who furnishes … the lethal weapon for the purpose of the crime … any person who is an accessory to the crime … is guilty.” Tracy´s acting during this closing argument is often compared to his performance in ‘Inherit the Wind (1960),’ for which he also received an Oscar nomination. However, the roles are only comparable to a limited extent. Henry Drummond was more rebellious than Haywood.

“Before the people of the world let it now be noted that here in our decision, this is what we stand for: Justice … truth … and the value of a single human being.” After these words, Haywood (Spencer Tracy) sentences all defendants to life long prison sentences.

Ernst Janning (Burt Lancaster) is convicted and wants to speak to Judge Haywood before he returns to America. He smashed Janning´s final longing for salvation: “Judge Haywood … the reason I asked you to come … Those people … those millions of people … I never knew it would come to that. You must believe it.”

Haywood (Spencer Tracy): “Herr Janning … it came to to that the first time you sentenced a man to death you knew to be innocent.”

The cell door closes and Haywood walks away.

Rating

Big names are no guarantee that a movie will become a masterpiece. Nor does it mean that cinemas will achieve major ticket sales at the Box Office. But in the case of ‘Judgment at Nuremberg (1961),’ they were just the right ingredient. Director Stanley Kramer did a terrific job, by casting these actresses and actors. I can’t imagine anyone else but Maximilian Schell as the ambitious lawyer Hans Rolfe. Or Spencer Tracy as “the rapidly aging jurist,” who is summoned to Germany to speak justice over his distorted German ‘colleagues.’ Or Burt Lancaster as the guilt-ridden and highly educated Nazi judge Dr. Ernst Janning. Or Marlene Dietrich as Mrs. Bertholt, which is torn inside between hate and admiration for the Americans. I could go on like this, up to the smallest extra, and the answer would always be the same. It fits! Abby Mann´s screenplay is a milestone, which catapults this movie to the ranks of the best courtroom dramas ever made. Dialogues that will stay in your memory for a long time. Especially if you are interested in coming to terms with the crimes of National Socialism. And now again. The question of all questions. How was it possible? And did the movie find an answer? I would say that Haywood´s verdict aka “Any person who is an accessory to the crime … is guilty” speech is pretty accurate when it comes to the decision-makers with high Nazi ranks. Or common people who killed Jews for their own amusement. But I think Rolfe is right that you can not condemn a whole country. Many of the people were simply powerless and afraid of becoming victims themselves. What is your opinion? One thing is for sure. Never forget!

Complete rating for ‘Judgment at Nuremberg (1961):’

‘Judgment at Nuremberg (1961)’ reached the ‘Perfect Peak’ on the ‘Rating Mountain:’

Thanks for reading.

What do you think about this post?

Please share your thoughts and ask questions in the comment section below, write an E-Mail to marcel@classicmovieratings.com or follow Classic Movie Ratings on ‘Instagram’, ‘Twitter’ and ‘Facebook.’