3. of the Japanese message quotes Ribbentrop as follows (part 1 of 3)

“In any event, Germany has absolutely no intention of entering into any peace with England. We are determined to remove all British influence from Europe. Therefore, at the end of this war, England will have no influence whatsoever in international affairs. The Island Empire of Britain may remain, but all of her other possessions throughout the world will probably be divided three ways by Germany, the United States, and Japan. In Africa, Germany will be satisfied with, roughly, those parts which were formerly German colonies. Italy will be given the greater share of the African Colonies. Germany desires, above all else, to control European Russia.” (D-656)

In reply the Japanese Ambassador said:

“‘I am fully aware of the fact that Germany’s war campaign is progressing according to schedule smoothly. However, suppose that Germany is faced with the situation of having not only Great Britain as an actual enemy, but also having all of those areas in which Britain has influence and those countries which have been aiding Britain as actual enemies as well. Under such circumstances, the war area will undergo considerable expansion, of course. What is your opinion of the outcome of the war under such an eventuality?’

“Ribbentrop: ‘We would like to end this war during next year [1942]. However, under certain circumstances, it is possible that it will have to be continued on to the following year.

‘Should Japan become engaged in war against the United States, Germany, of course, would join the war immediately. There is absolutely no possibility of Germany’s entering into a separate peace with the United States under such circumstances. The Fuehrer is determined on that point.’” (D-656)

Ribbentrop was thus associated in the closest possible way, with the aggression by Japan against the United States.

Another intercepted diplomatic message from the Japanese Ambassador in Berlin states (D-657):

“At 1 p. m. today [8 December 1941] I called on Foreign Minister Ribbentrop and told him our wish was to have Germany and Italy issue formal declarations of war on America at once. Ribbentrop replied that Hitler was then in the midst of a conference at general headquarters discussing how the formalities of declaring war could be carried out so as to make a good impression on the German people, and that he would transmit your wish to him at once and do whatever he was able to have it carried out promptly. At that time Ribbentrop told me that on the morning of the 8th Hitler issued orders to the entire German Navy to attack American ships whenever and wherever they might meet them.

“It goes without saying that this is only for your secret information.” (D-657)

Thus, Hitler ordered attacks on American ships before the German declaration of war.

Then on 11 December 1941 Ribbentrop, in the name of the German Government, announced a state of war between Germany and the United States.

Ribbentrop also made attempts to get Japan to attack the Soviet Union. In his conversations with Oshima, the Japanese Ambassador, in July 1942 and in March and April 1943, Ribbentrop continued to urge Japanese participation and aggression against the Soviet Union (2911-PS; 2954-PS). The report of a discussion between Ribbentrop and Ambassador Oshima reads:

“Ambassador Oshima declared that he has received a telegram from Tokyo, and he is to report, by order of his Government to the Reich Minister for Foreign Affairs the following:

“The suggestion of the German Government to attack Russia was the object of a common conference between the Japanese Government and the Imperial headquarters, during which the question was discussed in detail and investigated exactly. The result is the following: The Japanese Government absolutely recognizes the danger which threatens from Russia and completely understands the desire of its German ally that Japan on her part will also enter the war against Russia. However, it is not possible for the Japanese Government, considering the present war situation, to enter into the war. It is rather of the conviction that it would be in the common interest not to start the war against Russia now. On the other hand, the Japanese Government would never disregard the Russian question.” (2954-PS)

Whereupon Ribbentrop returned to the attack:

“However, it would be more correct that all powers allied in the Three Power Pact would combine their forces to defeat England and America, but also Russia, together. It is not good when one part must fight alone.” (2954-PS)

Ribbentrop’s pressure on Japan to attack Russia is shown in another report of Japanese-German discussions on 18 April 1943 (2929-PS):

“The Reichsminister for Foreign Affairs then stressed again that without any doubt this year presented the most favorable opportunity for Japan, if she felt strong enough and had sufficient antitank weapons at her disposal, to attack Russia, which certainly would never again be as weak as she is at the moment * * *.” (2929-PS)

C. RIBBENTROP’S PART IN THE CONSPIRACY TO COMMIT WAR CRIMES AND CRIMES AGAINST HUMANITY.

(The following discussion concerns only the planning of these crimes. The execution of the crimes was left to the French and Soviet prosecuting staffs for proof.)

(1) The Killing of Allied Aviators. With the increasing air raids on German cities in 1944 by the Allied Air Forces, the German Government proposed to undertake a plan to deter Anglo-American fliers from further raids on Reich cities. In a report of a meeting at which a definite policy was to be established, there is stated the point of view that Ribbentrop had been urging (735-PS). The meeting took place at the Fuehrer’s headquarters on 6 June 1944, and proceeded in part as follows:

“Obergruppenfuehrer Kaltenbrunner informed the Deputy Chief of WFSt in Klessheim, on the afternoon of the 6th of June, that a conference on this question had been held shortly before between the Reich Marshal [Goering], the Reich Foreign Minister [Ribbentrop], and the Reichsfuehrer SS [Himmler]. Contrary to the original suggestion made by the Reich Foreign Minister, who wished to include every type of terror attack on the German civilian population, that is, also bombing attacks on cities, it was agreed in the above conference that merely those attacks carried out with aircraft armament, aimed directly at the civilian population and their property, should be taken as the standard for the evidence of a criminal action in this sense. Lynch law would have to be the rule. On the contrary, there has been no question of court martial sentence or handing over to the police.” (735-PS)

That is, Ribbentrop was pressing that even where there was an attack on a German city, the airmen who crash-landed should be handed over to be lynched by the crowd.

The minutes of the conference report further as follows:

“Deputy Chief of the WFSt mentioned that apart from lynch law, a procedure must be worked out for segregating those enemy aviators who are suspected of criminal action of this kind until they are received into the reception camp for aviators at Oberursel; if the suspicion was confirmed, they would be handed over to the SD for special treatment.” (735-PS)

The sense of this seems to be that if they were not lynched under the first scheme, by the crowd, then they were to be kept from prisoners of war, where they would be subject to the protecting power’s intervention. And if the suspicion was confirmed, they would be handed over to the SD to be killed.

The conference reached a decision on what would be regarded as justifying lynch law:

“At a conference with Colonel von Brauchitsch, representing the C-in-C, Air Force, on the 6th of June, it was settled that the following actions were to be regarded as terror actions justifying lynch law:

“Low-level attacks with aircraft armament on the civilian population, single persons as well as crowds.

“Shooting our own men in the air who had bailed out.

“Attacks with aircraft armament on passenger trains in the public service.

“Attacks with aircraft armament on military hospitals, hospitals, and hospital trains, which are clearly marked with the Red Cross.” (735-PS)

These were to be the subject of lynching and not, as Ribbentrop had suggested, the case of the bombing of a city.

In the latter part of this report there occurs a somewhat curious comment from Keitel:

“If one allows the people to carry out lynch law, it is difficult to enforce rules!

“Minister Director Berndt got out and shot the enemy aviator on the road. I am against legal procedure. It doesn’t work out.” (735-PS)

That is signed by Keitel.

The remarks of Jodl then appear:

“This conference is insufficient. The following points must be decided quite definitely in conjunction with the Foreign Office:

“1. What do we consider as murder? “Is RR in agreement with point 3_b_? “2. How should the procedure be carried out? “a. By the people? “b. By the authorities? “3. How can we guarantee that the procedure be not also carried out against other enemy aviators? “4. Should some legal procedure be arranged or not?

“(Signed) Jodl” (735-PS).

It is important to note that Ribbentrop and the Foreign Office were fully involved in these breaches of the laws and usages of war. The clarity with which the Foreign Office perceived that there were such violations is indicated by a document from the Foreign Office, approved of by Ribbentrop and transmitted by one of his officials, Ritter (728-PS). The approval of Ribbentrop is specifically stated in a memorandum of 30 June 1944 (740-PS). The Foreign Office document reads:

“In spite of the obvious objections, founded on international law and foreign politics, the Foreign Office is basically in agreement with the proposed measures.

“In the examination of the individual cases, a distinction must be made between the cases of lynching and the cases of special treatment by the Security Service, SD.

“1. In the cases of lynching, the precise establishment of the circumstances deserving punishment, according to points 1-4 of the communication of 15 June, is not very essential. First, the German authorities are not directly responsible, since death had occurred before a German official became concerned with the case. Furthermore, the accompanying circumstances will be such that it will not be difficult to depict the case in an appropriate manner upon publication. Hence, in cases of lynching, it will be of primary importance correctly to handle the individual case upon publication.

“2. The suggested procedure for special treatment by the S.D., including subsequent publication, would be tenable only if Germany, on this occasion, simultaneously would openly repudiate the commitment of International Law, presently in force, and still recognized by Germany. When an enemy aviator is seized by the Army or by the Police, and is delivered to the Air Forces (P.W.) Reception Camp Oberursel, he has received, by this very fact, the legal status of a prisoner of war.

“The Prisoner of War Treaty of 27 July 1929 establishes definite rules on the prosecution and sentencing of the Prisoner of War, and the execution of the death penalty, as for example in Article 66: Death sentences may be carried out only three months after the protective power has been notified of the sentence; in Article 63: a prisoner of war will be tried only by the same courts and under the same procedure as members of the German Armed Forces. These rules are so specific, that it would be futile to try to cover up any violation of them by clever wording of the publication of an individual incident. On the other hand the Foreign Office cannot recommend on this occasion a formal repudiation of the Prisoner of War Treaty.

“An emergency solution would be to prevent suspected fliers from ever attaining a legal Prisoner of War status, that is, that immediately upon seizure they be told that they are not considered Prisoners of War but criminals; that they would not be turned over to the agencies having jurisdiction over Prisoners of War; hence not go to a Prisoner of War Camp; but that they would be delivered to the authorities in charge of the prosecution of criminal acts and that they would be tried in a summary proceeding. If the evidence at the trial should reveal that the special procedure is not applicable to a particular case, the fliers concerned may subsequently be given the status of Prisoner of War by transfer to the Air Forces (P.W.) Reception Camp Oberursel.

“Naturally, not even this expedient will prevent the possibility that Germany will be accused of the violation of existing treaties, and maybe not even the adoption of reprisals upon German prisoners of war. At any rate this solution would enable us clearly to define our attitude, thus relieving us of the necessity of openly having to renounce the present agreements or of the need of having to use excuses, which no one would believe, upon the publication of each individual case.”

* * * * * *

“It follows from the above, that the main weight of the action will have to be placed on lynchings. Should the campaign be carried out to such an extent that the purpose, to wit ‘the deterrence of enemy aviators’, is actually achieved, which goal is favored by the Foreign Office, then the strafing attacks by enemy fliers upon the civilian populations must be stressed in a completely different propagandist manner than heretofore.” (728-PS).

Those words show clearly Ribbentrop’s point of view:

“Ambassador Ritter has advised us by telephone on 29 June that the Minister for Foreign Affairs has approved this draft.” (740-PS)

Thus, on the treatment of aviators, Ribbentrop furthered the deliberate adoption of a procedure evading International Law.

(2) The Destruction of the Peoples in Europe. With regard to Poland, the affidavit of Lahousen reports Ribbentrop participation in a discussion on 12 September 1939 on the Fuehrer’s train concerning the extermination of Poles and Jews (Affidavit A).

With regard to Bohemia and Moravia, on 16 March 1939 there was promulgated the decree of the Fuehrer and Reichschancellor, signed by Ribbentrop, establishing the protectorate (TC-51). The effect of that decree was to place the Reich Protector in a position of supreme power over Bohemia and Moravia, subordinate only to the Fuehrer. Article 5 of that decree provides:

“* * * 2. The Reich Protector, as representative of the Fuehrer and Chancellor of the Reich, and as commissioner of the Reich Government, is charged with the duty of seeing to the observance of the political principles laid down by the Fuehrer and Chancellor of the Reich.

“3. The members of the government of the Protectorate shall be confirmed by the Reich Protector. The confirmation may be withdrawn.

“4. The Reich Protector is entitled to inform himself of all measures taken by the government of the Protectorate and to give advice. He can object to measures calculated to harm the Reich, and, in case of danger, issue ordinances required for the common interest.” (TC-51)

It is further provided that the promulgation of laws and the execution of certain judgments shall be annulled if the Reich Protector enters an objection (TC-51).

In part as a result of the sweeping terms of this law, the two Reich Protectors of Bohemia and Moravia and their various deputies were able to commit numerous violations of the laws of war, and crimes against humanity. (Discussion of these matters was assumed as the responsibility of the Soviet prosecuting staff.)

Similarly, with regard to the Netherlands, on 18 May 1940 a decree of the Fuehrer concerning the exercise of governmental authority in the Netherlands was signed by Ribbentrop. Section 1 of that decree provided (D-639):

“The occupied Netherlands territories shall be administered by the Reich Commissioner for the Occupied Netherlands territories * * * the Reich Commissioner is guardian of the interests of the Reich and vested with supreme civil authority.

“Dr. Arthur Seyss-Inquart is hereby appointed Reich Commissioner for the Occupied Netherlands Territories.” (D-639)

On the basis of this decree, the Reich Commissioner, Seyss-Inquart, promulgated such orders as that of 4 July 1940, confiscating the property of those who had, or might have, furthered activities hostile to the German Reich (2921-PS). Tentative arrangements were also made for the resettlement of the Dutch population (1520-PS). (This part of the proof was assumed as the responsibility of the French prosecuting staff.)

With regard to Bohemia and the Netherlands, the charge against Ribbentrop is laying the basis and erecting the governmental structure under which the war crimes and crimes against humanity were directed and facilitated.

(3) Persecution of the Jews. In December 1938 Ribbentrop, in a conversation with M. Bonnet, who was then Foreign Minister of France, expressed his opinion of the Jews. That was reported by the United States Ambassador, Mr. Kennedy, to the State Department as follows (L-205):

“During the day we had a telephone call from Berenger’s office in Paris. We were told that the matter of refugees had been raised by Bonnet in his conversation with von Ribbentrop. The result was very bad. Ribbentrop, when pressed, had said to Bonnet that the Jews in Germany without exception were pickpockets, murderers and thieves. The property they possessed had been acquired illegally. The German Government had therefore decided to assimilate them with the criminal elements of the population. The property which they had acquired illegally would be taken from them. They would be forced to live in districts frequented by the criminal classes. They would be under police observation like other criminals. They would be forced to report to the police as other criminals were obliged to do. The German Government could not help it if some of these criminals escaped to other countries which seemed so anxious to have them. It was not, however, willing for them to take the property which had resulted from their illegal operations with them. There was in fact nothing that it could or would do.” (L-205)

That succinct statement of Ribbentrop’s views on Jews is elaborated in a long document which he had sent out by the Foreign Office (3358-PS). This document, entitled “The Jewish Question As A Factor In German Foreign Policy in the year 1938” contains the following:

“It is certainly no coincidence that the fateful year 1938 has brought nearer the solution of the Jewish question simultaneously with the realization of the ‘idea of Greater Germany’, since the Jewish policy was both the basis and consequence of the events of the year 1938.”

* * * * * *

“The final goal of German Jewish policy is the emigration of all Jews living in Reich territory.”

* * * * * *

“These examples from reports from authorities abroad can, if desired, be amplified. They confirm the correctness of the expectation that criticism of the measures for excluding Jews from German lebensraum, which were misunderstood in many countries for lack of evidence, would only be temporary and would swing in the other direction the moment the population saw with its own eyes and thus learned what the Jewish danger was to them. The poorer and therefore the more burdensome the immigrant Jew to the country absorbing him, the stronger this country will react and the more desirable is this effect in the interest of German propaganda. The object of this German action is to be the future international solution of the Jewish question, dictated not by false compassion for the ‘United Religious Jewish minority’ but by the full consciousness of all peoples of the danger which it represents to the racial composition of the nations.” (3358-PS)

This document was widely circulated by Ribbentrop’s ministry, to all senior Reich authorities and to numerous other people on 25 January 1939, just after the statement to M. Bonnet. Apparently Ribbentrop’s anti-Semitic incitements grew stronger, for in June 1944 Rosenberg made arrangements for an international anti-Jewish Congress to be held in Krakow on 11 July 1944. The honorary members were to be Ribbentrop, Himmler, Goebbels, and Frank. The Foreign Office was to take over the mission of inviting prominent foreigners from Italy, France, Hungary, Holland, Arabia, Iraq, Norway etc. in order to give an international aspect to the Congress. However, the military events of June 1944 prompted Hitler to call off the Congress, which had lost its significance by virtue of the Allied landing in Normandy (1752-PS).

It is clear that Ribbentrop supported and encouraged the Nazi program against the Jews, which resulted in their transportation to concentration camps, where things went on which he, as a minister in special touch with the head of the government must have known about. As one who preached this doctrine and was in a position of authority, Ribbentrop cannot suggest that he was ignorant of how the policy was carried out.

D. CONCLUSION

Hitler summed up Ribbentrop’s contribution to the Nazi conspiracy for aggression, as follows:

“In the historic year of 1938 the Foreign Minister, von Ribbentrop, was of great help to me, in view of his accurate and audacious judgment and the exceptionally clever treatment of all problems of foreign policy.”

During the course of the war, Ribbentrop was in close liaison with the other Nazi conspirators. He advised them and made available to them, through his foreign embassies and legations abroad, information which was required. He at times participated in the planning of war crimes and crimes against humanity. His guilt is clear.

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO JOACHIM VON RIBBENTROP

4. WILHELM KEITEL

A. POSITIONS HELD BY KEITEL.

Chief of the Armed Forces Department in the Reichs Ministry of War (Wehrmachtsamt in Reichskriegsministerium), 1 October 1935 to 4 February 1938. (3019-PS)

Chief of the Supreme Command of the Armed Forces (Chief of OKW), equal in rank to a Reichs Minister. (1915-PS)

Member of the Secret Cabinet Council, 4 February 1938 to 1945. (2031-PS)

Member of Ministerial Council for the defense of the Reich, 30 August 1939 to 1945. (2018-PS)

Member of Reichs Defense Council, 4 September 1938 to 1945. (2194-PS)

Field Marshal, July 1940 to 1945. (3020-PS)

B. FUNCTIONS OF KEITEL.

As Chief of the Wehrmachtsamt in the Ministry of War, Keitel was Chief of Staff for von Blomberg, who was both Minister of War and Commander-in-chief of the Armed Forces.

On 4 February 1938 Hitler abolished the Ministry of War, assumed direct command of the Armed Forces himself, and created the OKW (Oberkommando der Wehrmacht). The OKW advised Hitler on the most important military questions, and prepared and transmitted directives to the Armed Forces. Thus it exercised great influence on the formation of the German military policy and the conduct of military affairs.

Keitel was made Chief of the OKW, with rank equal to that of Reichsminister. He was also given authorities of the former Minister of War, and continued to perform the administrative duties of that position. (1915-PS; 1954-PS; 3704-PS)

In addition to its ministerial functions, the OKW was Hitler’s military staff. Its most important duty was the development of strategic and operational plans. Such plans were worked out by the OKW Operations Staff in broad outline, and then in more detail by the commanders and chiefs of staff of the Army, Navy, and Air Force. After Hitler had approved the plans they were transmitted by the OKW to the respective military authorities. (3705-PS; 3702-PS; 3707-PS).

C. KEITEL’S PART IN THE CONSPIRACY TO COMMIT CRIMES AGAINST PEACE.

Keitel’s conspiratorial activities started immediately after the Nazis came to power. As early as in May 1933, when Germany was still a member of the League of Nations, Keitel gave directives for deceiving “Geneva” in rearmament matters.

At the second meeting of the Working Committee of the Councillors for Reich Defense on 22 May 1933, Colonel Keitel emphasized that the supreme consideration guiding the work of the committee was to be secrecy. “No document”, he said, “ought to be lost, since otherwise it may fall into the hands of the enemy’s intelligence service. Orally transmitted matters are not provable; they can be denied by us in Geneva.” He requested that written documents not be sent through the mails, or, if it was absolutely necessary to do so, that they be addressed, not to a government agency or office (where they might be opened by the mail clerks) but to the recipient personally. (EC-177)

The fact that Keitel was a member of the Nazi conspiracy in good standing is apparent from his statement that he held the Golden Party Badge, and that consequently the Party considered him a member as from the autumn of 1944, when the law against military personnel being members of the Party was changed (1944 RGBl. I, 317). His political convictions were those of National Socialism, and he was a loyal follower of Hitler. (1954-PS)

At the second meeting of the Working Committee of the Councillors for Reich Defense held on 26 April 1933, the chairman, Colonel Keitel, pointed out the necessity and desirability for the creation of the Reich Defense Council which had been determined on by a cabinet decision of 4 April 1933. He said that a general program for the creation of a war economy had already been completed, but that it would take a long time to carry out the program. He explained that it was the purpose and objective of the Working Committee of the new Defense Council to overcome these difficulties. (EC-177)

On 6 December 1935 General Major Keitel, chairman of the eleventh meeting of the Reich Defense Council, pointed out that the mobilization year was to begin on 1 April and to end on 31 March of the following year. For the first time, a “Mobilization Book for Civilian Agencies” was to be issued on 1 April 1936. Keitel said that this day, to the extent possible, should find the nation ready and prepared. He declared that, according to the will of the Fuehrer, the economic management of the country should put the enhancement of military capacity above all other national tasks. Keitel emphasized that it was the function of all members of the Reich Defense Council to use all available resources economically and to ask for only such funds and raw materials as were absolutely and exclusively needed for the defense of the Reich.

In the presence of Keitel, Colonel Jodl said that the “Mobilization Book for the Civilian Agencies” constituted the unified basis for the carrying out of mobilization outside of the Army. (EC-406)

The twelfth meeting of the Working Committee of the Reich Defense Council, held on 14 May 1936, was opened by Field Marshal von Blomberg, War Minister and Supreme Army Commander. He stressed the necessity for a total mobilization, including the drafting of the necessary laws, preparations in the re-militarized Rhineland zone, financing and rearmament. Lt. General Keitel, in his capacity as chairman of the Working Committee of the Reich Defense Council, again stressed the necessity for secrecy. Ministerial Director Wohlthat pointed out that, in order to guarantee rearmament and an adequate food supply, an increase in production and utmost economy were necessary, a postulate that had led to the special mandate given by the Fuehrer to Minister President Goering. (EC-407)

Keitel participated also in the activities of the conspirators to re-militarize the Rhineland. At that time he was Chief of the Wehrmachtsamt under von Blomberg and signed, on the latter’s behalf, the order for naval participation in the operation. (C-194)

Keitel also took part in the war-planning activities of the Reich Cabinet, of which he was a member. The cabinet consulted by meetings, and by the circulation of decrees among its members for their approval or disapproval. (See generally Section 3 of Chapter XV on the Reich Cabinet.) Keitel was a member of the Secret Cabinet Council, which has been described as “a select committee” of the cabinet for deliberation on foreign affairs. (1774-PS)

A Reich Defense Council was established by the ordinary cabinet in 1933. It was a war-planning group, and Keitel took part in the meetings of its working committee. (EC-177; EC-406; EC-407)

On 4 December 1938 a Secret Defense Law was passed, which defined the duties of the Reich Defense Council. As Chief of OKW, Keitel was a member of the council, and he also presided over the Council’s Working Committee (Reichsverteidigungsausschuss). (2194-PS)

The Secret Defense Law of 1938 provided for a Plenipotentiary for Economy, whose task was to “put all economic forces into the service of the Reich defense, and to safeguard economically the life of the German nation”, and for a Plenipotentiary for Administration, whose duties were to take over “the uniform leadership of the non-military administration with exception of the economic administration” upon the declaration of a “state of defense”. Certain ministries were, in peace-time, bound by the directives of the plenipotentiaries. The latter were bound, in turn, under certain conditions, together with the ministries subordinate to them, to take directions from the Chief of OKW. Keitel could also, in a state of defense, issue orders to the Minister of Transport and the Minister of Posts. In addition, he presided over the Council’s Working Committee, which prepared the Council’s decisions, saw that they were executed, and obtained collaboration between the armed forces, the chief Reich offices, and the Party. Keitel regulated the activities of this committee and issued directions to the plenipotentiaries and certain Reich ministries to assure uniform execution of the council’s decisions. (2194-PS)

The two plenipotentiaries and the OKW formed what was known as a “Three Man College” (2608-PS). This system of a three man college functioned as follows, from a legislative point of view: The Plenipotentiary for Economy was empowered by paragraph 4 of the Secret Defense Law of 4 September 1938 to issue laws within his sphere, with the consent of the OKW and the Plenipotentiary for Administration, which differed from existing laws. Similarly, the Plenipotentiary for Administration was empowered by paragraph 3 of the same law to issue laws within his sphere, with the consent of the OKW and the Plenipotentiary for Economy, which differed from existing laws.

In the spheres of the Reich Minister of Posts, the Reich Minister of Transport and of the General Inspector for German roads (Generalinspektor fuer die Strassenwesen), the Chief of the OKW had the right, under paragraph 5 of the same law, to issue laws, in agreement with the Plenipotentiaries for Administration and Economy, which differed from existing laws. (2194-PS)

The legislative function of the three man college, prior to 9 September 1939 was one of drafting decrees to be used in time of war.

The Council of Ministers for the Defense of the Reich was established by a decree of Hitler on 30 August 1939. It was formed out of the Reich Defense Council, and included among its members the two plenipotentiaries of the council and the Chief of OKW. (2018-PS)

The Council had the power to pass decrees with the force of law, and to legislate for the occupied Eastern Territories (1939 RGBl, I, 2077). Decrees of the council were circulated, before enactment, among all the members by written communication from Dr. Lammers, who was also on the Council. (2231-PS)

Frick has referred to the Council of Ministers as “the highest permanent organ of the Reich with comprehensive jurisdiction, responsible only to the Fuehrer”. “The composition of the Ministerial Council for the Defense of the Reich”, he added, “shows the real concentration of power in it”. He said also that Keitel was liaison between the council and the armed forces, it being primarily his duty to coordinate the measures for civilian defense in the area of administration and economy with the genuine military measures for the defense of the Reich. (2608-PS)

Keitel also took an active part in collaborating with and in instigating the Japanese to enter the war. Nazi policy with regard to Japan was expressed in an order signed by Keitel on 5 March 1941. This order was distributed to the OKH, OKM, and OKL, and also to Jodl. It stated that Japan must be drawn actively into the war, and that the taking of Singapore would mean a decisive success for the three powers. (C-75)

At about the time this order was issued, a meeting was held with Hitler, in which Raeder urged that Japan be induced to attack Singapore. Keitel and Jodl were both present at this meeting. (C-152)

Keitel may have known of a report from the Military Attache in Tokyo that preparations were continuing for a sudden attack on Singapore and Manila. (1538-PS)

D. KEITEL’S PART IN PLANNING AND LAUNCHING WARS OF AGGRESSION.

(See “F” 1 through 7, infra, where the joint responsibility of Keitel and Jodl for these activities is discussed.)

E. KEITEL’S PART IN THE CONSPIRACY TO COMMIT WAR CRIMES AND CRIMES AGAINST HUMANITY.

(1) Murder and ill treatment of civilian populations in occupied territory and on the high seas. Keitel committed many crimes of this nature, by ordering such criminal activities.

On 13 May 1941 Keitel, as Chief of OKW, signed an order from the Fuehrer’s Headquarters providing that Russian civilians suspected of offenses against German troops should be shot or ruthlessly punished without a military trial, and that prosecution of German soldiers for offenses against Russian civilians was not required (C-50). On 27 July 1941 he ordered that all copies of this decree should be destroyed, but without affecting its validity. (C-51)

On 23 July 1941 Keitel signed an order concerning the administration of occupied Russia. This order provided that legal punishments were inadequate in so great an area, and that troops should use terrorism in crushing the population’s will to resist. (C-52)

Keitel signed one of the so-called Nacht und Nebel decrees on 7 December 1941. It provided that in occupied territories of the west civilians would be tried for offenses against the German state only if the death sentence was likely to be carried out within a few days of arrest. Otherwise the accused would be taken to Germany, and no information would be given about them in reply to any inquiries. (666-PS)

By a first ordinance of 7 December 1941 Keitel made the provisions of the foregoing directive applicable to the following offenses; attacks against life or bodily health, espionage, sabotage, communistic conspiracy, offenses likely to create disturbances, assistance to the enemy, and illicit possession of arms. His ordinance also provided that the offenses mentioned were to be tried in the occupied countries only if it were likely that the death sentence would be pronounced, and if it were possible to complete trial and execution within a very short time, as a rule within a week after arrest. In case of trial in Germany, it was provided that alien witnesses could be heard only with the consent of the High Command of the Armed Forces and that the public would not be admitted to the proceedings. (L-90)

In a communication issued by him in his capacity as Chief of the High Command of the Armed Forces Keitel on 12 December 1941 stated with respect to the aforementioned directive and ordinance:

“Efficient and enduring terrorization can be achieved only either by capital punishment or by measures to keep the relatives of the criminal and the population in the dark as to the fate of the criminal. This aim is achieved by transferring the criminal to Germany.” (L-90)

In pursuance of Keitel’s Nacht und Nebel decree, Admiral Canaris on 2 February 1942 issued instructions to the Abwehr to punish crimes against the Wehrmacht accordingly. At first the order was to apply only to Norway, Holland, Belgium, and France. (833-PS)

The Chief of the SIPO and SD reported to OKW on 24 June 1942 that a Frenchman had died while awaiting trial in Germany, and that, in order to create anxiety in accordance with the decree, his family had not been notified. Keitel’s OKW approved of this procedure, which had been established for such cases by an OKW order of 16 April 1942. (668-PS)

When, on 20 April 1941 Hitler appointed Rosenberg “Deputy for a Centralized Treatment of Problems concerning the Eastern Territories,” Keitel was asked to designate a representative of OKW to sit with Rosenberg. Keitel designated Jodl as his representative and Warlimont as deputy. (865-PS)

Thus Keitel and Jodl share the responsibility for crimes committed by Rosenberg’s administration. In this connection reference is made to section 7 of this chapter on Rosenberg.

Among the decrees issued by the Council of Ministers, of which Keitel was a member, are two which connect him with harsh treatment of inhabitants of the Occupied Eastern Territories. (2746-PS; 2039-PS)

(2) Deportation of civilian populations in occupied territories for slave labor and other purposes. Keitel’s connection with the forced labor program began at a meeting with Hitler on 23 May 1939, when it was announced that Poland would be invaded, and also that non-German populations would be available as a source of labor. (L-79)

Keitel directed the execution of Hitler’s order to use Russian prisoners of war in German war industries, and stated that OKW (AWA) would furnish to the Secretary of Labor information on the use of such labor, and provide the labor force. (EC-194)

Sauckel was appointed Plenipotentiary General for Manpower by a decree of 21 March 1942, signed by Hitler, Lammers, and Keitel. (1666-PS)

On 8 September 1942 Keitel initialled a Hitler order requiring citizens of France, Holland, and Belgium to work on the “Atlantic Wall”. The order was to be enforced by the withdrawal of food and clothing ration cards (556-2-PS). Keitel was informed of the quotas of foreign laborers which Sauckel and his agents were to fill. Sauckel requested the assistance of the Army, and asked that pressure be used to obtain the quotas, if necessary. (3012-PS)

At a conference with Hitler on 4 January 1944, at which Keitel was present, it was determined that Sauckel should obtain 4,000,000 new workers from occupied territories. (1292-PS)

(3) Murder and ill treatment of prisoners of war, and of other members of the armed forces of the countries with which Germany was at war, and of persons on the high seas. On 18 October 1942 Hitler ordered that commando troops, even if in uniform, should be killed, not only in battle, but in flight or while attempting to surrender (498-PS). An order regulating the treatment of paratroopers had been issued by Keitel about a month earlier. It provided that captured paratroopers were to be turned over to the SD. (553-PS)

A supplementary explanation of the commando order, signed by Hitler, was distributed to commanding officers only, with a covering memorandum dated 19 October 1942, signed by Jodl (503-PS). Several cases are known in which the order was carried out (508-PS; 509-PS). Three specific instances were mentioned by the G-3 of the C-in-C, Norway, where captured members of sabotage units were executed after interrogations which resulted in valuable intelligence. These occurred at Glomfjord, Drontheim, and Stavanger. (512-PS)

On 23 June 1944 the Supreme Command West requested instructions redefining the scope of the commando order. In view of the extensive landings in Normandy, it had become difficult to decide which paratroops should be considered sabotage troops under the terms of the order, and which should be considered as engaged in normal combat operations. The question was answered by an order of 25 June 1944, one copy of which was signed by Keitel, reaffirming the full force of the original order (531-PS; 551-PS). Keitel extended the application of the commando order to members of Anglo-American and Russian “military missions” taken in the fighting against the partisans in the southeast and southwest. (537-PS)

When allied fliers were forced to land in Germany, they were sometimes killed by the civilian population. The police had orders not to protect the fliers, nor to punish civilians for lynching them. A proposal was considered to order the shooting without court-martial of enemy airmen who had been forced down after engaging in specified “acts of terror”. Whether or not the order was ever issued is immaterial, for it is certain that Keitel and Jodl knew of the lynchings, did nothing to prevent them, and in fact considered giving them official justification.

(See also “F”, 8, infra, in which the joint responsibility of Keitel and Jodl for the lynching of Allied airmen is discussed.)

Keitel’s criminal activities against Soviet prisoners of war are shown by the following. On 8 September 1941 Keitel’s OKW issued a regulation for the treatment of Soviet prisoners of war. It stated that Russian soldiers would fight by any methods for the idea of Bolshevism and that consequently they had lost any claim to treatment in accordance with the Geneva Convention. Stern measures were to be employed against them, including the free use of weapons. The politically undesirable prisoners were to be segregated from the others and turned over to “special purpose units” of the Security Police and the Security Service. There was to be the closest cooperation between the military commanders and these police units. (1519-PS)

Admiral Canaris of the Abwehr considered this order in such direct violation of the general principles of International Law that he addressed a memorandum of protest to Keitel on 15 September 1941. He pointed out that, while the Geneva Convention was not binding between Germany and the USSR, the usual rules of International Law should be observed; that such instructions, particularly those concerning the use of weapons, would result in arbitrary killings; and that the disposition of politically undesirable prisoners would be decided by the SIPO and the SD according to principles of which the Wehrmacht was ignorant. (As to this argument, Keitel wrote in the margin “Very efficient” and “Not at all.”) Keitel received and considered this memorandum, for on its first page there is the following comment in his handwriting, dated 23 September and initialled “K”:

“The objections arise from the military concept of chivalrous warfare. This is the destruction of an ideology. Therefore I approve and back the measures.” (EC-338)

The regulations which Canaris had protested were restated on 24 March 1942, but their essential provisions were unchanged. (695-PS)

An order of Keitel’s OKW dated 29 January 1943, signed by Reinecke, contains a broad interpretation of the guards’ right of self-defense against prisoners. For example, self-defense includes not only the guard’s person, but his honor and property, and third parties, such as the State. (656-PS)

That Keitel knew of the appalling treatment of Russian prisoners of war, and the high death rate among them, appears from the statements in a letter sent to him by Rosenberg on 28 February 1942. The letter stressed the need for better treatment of the Russians, so that they would be well impressed by the Germans. (081-PS)

An order of Keitel’s OKW provided that escaped officers and non-working non-commissioned officers other than Americans and British were to be turned over to the SIPO and SD upon recapture. The SIPO and SD, upon instructions from their chief, would then transport the men to the Mauthausen concentration camp under operation “Kugel” (L-158). Such prisoners were executed at Mauthausen upon arrival (2285-PS). Americans and British who were recaptured might be turned over to the SIPO and SD, upon decision of the “W.Kdos” from the OKW/o.i.c. (L-158)

(4) Killing of Hostages. Keitel’s criminal activities are shown by the following two documents. On 16 December 1941 he signed an order stating that uprisings among German troops in occupied territories must be considered as inspired by a communist conspiracy, and that the death of one German soldier must mean death for fifty or one hundred communists. (829-PS)

Keitel also signed an order (received by the OKH on 1 October 1941) specifying that hostages should be well known, and that they should come from Nationalist, Democrat, or Communist political factions. After each act of sabotage hostages belonging to the saboteur’s group should be shot. (1590-PS)

(5) Plunder of public and private property. The looting of cultural property was carried on chiefly under Rosenberg by the Einsatzstab Rosenberg, an organization established for that purpose. In the West he was to act in his capacity as Reichsleiter, and in the East in his capacity as Reichsminister. Keitel’s OKW cooperated with Rosenberg, and directions for carrying out the order were to be issued by the Chief of the OKW in agreement with Rosenberg (149-PS). Keitel ordered the military authorities to cooperate in this program (137-PS; 138-PS). A memorandum of 17 May 1944 in the Rosenberg Ministry states that the Wehrmacht was one of the principal agencies engaged in removing treasures from Russia. (1107-PS)

Keitel was also responsible for the removal of machine tools, foodstuffs, and other materials from occupied territories. (1161-PS; 743-PS)

(6) The exaction of collective penalties. Collective penalties were exacted from the population for acts of individuals for which it could not be held responsible. Keitel advocated such measures. This appears from correspondence on acts of sabotage in the shipbuilding yards. (C-48; 870-PS; 871-PS)

(7) Germanization of Occupied Territories. On 16 July 1941 Keitel was present at a meeting with Hitler where the policy was announced of exploiting occupied Russian territory and making it part of the Reich. (L-221)

In order to promote a racially valuable German heritage an order signed by Hitler, Lammers, and Keitel provides for payment of subsidies to Norwegian or Dutch women who had borne children of German soldiers. The Chief of OKW was authorized to extend its application to other occupied territories. (2926-PS)

(8) Persecution of minorities. Keitel’s responsibility for the persecution of minorities in Germany appears from the fact that, with Hitler, Goering, and Lammers, he signed a decree on 7 October 1939 which provided that the harmful influence of foreigners must be eliminated from Germany; that Germans could be resettled by the Reichsfuehrer SS; and that the Reichsfuehrer SS could perform “all necessary general and administrative measures” to discharge this duty. (686-PS)

Keitel’s responsibility for the criminal treatment of Jews is apparent from his own statement that the struggle against Bolshevism necessitated a ruthless proceeding against the Jews; the Wehrmacht was not to use them for any service, but they could be placed in labor columns under German supervision. (878-PS)

F. JOINT RESPONSIBILITY OF KEITEL AND JODL FOR PLANNING AND LAUNCHING WARS OF AGGRESSION, AND FOR THE LYNCHING OF ALLIED AIRMEN.

(1) Aggression against Austria. In June of 1937 von Blomberg ordered preparations for “Case Otto”—armed intervention in Austria in event of a Hapsburg restoration (C-175). New plans were made in 1938 under the same name. German policy in 1938 was to eliminate Austria and Czechoslovakia, and there was a campaign to undermine Austria’s will to resist, by pressure on the government, by propaganda, and by fifth column activity. (1780-PS)

Keitel was present at Berchtesgaden when Schuschnigg visited Hitler there in February 1938. Schuschnigg was subjected to political and military pressure, which resulted in such concessions to the Nazis as the reorganization of the Austrian cabinet (1780-PS). Keitel and Jodl and Canaris were instructed to keep up the military pressure against Austria by simulating military measures until 15 February. (1780-PS) The OKW submitted proposals to Hitler regarding the Austrian campaign; these included suggestions of false rumors and broadcasts. A note in Jodl’s handwriting states that Hitler approved the memorandum by telephone and that Canaris was informed. (1775-PS)

Hitler ordered preparation of “Case Otto”—mobilization of army units and air forces (1780-PS). Hitler’s directive for “Case Otto” was initialled by Keitel and Jodl. Jodl issued supplementary instructions (C-102; C-103). Jodl initialled Hitler’s order for the invasion of Austria. (C-182)

(2) The Execution of the plan to invade Czechoslovakia. On 21 April 1938 Hitler and Keitel met and discussed plans for the taking of Czechoslovakia. They considered a military attack after a period of diplomatic friction, or as the result of a created incident, such as the assassination of the German ambassador at Prague. (388-PS)

After the invasion of Austria, Wehrmacht planning was devoted to “Case Green,” the operation against Czechoslovakia (1780-PS). Case Green was first drafted in 1937, when it was thought that a “probable warlike eventuality” would be “war on two fronts with the center of gravity in the southeast.” A surprise attack on Czechoslovakia was considered possible (C-175). Through the late spring and summer of 1938 Case Green was revised and modified. The memoranda and correspondence are frequently signed or initialled by Keitel, and it is clear that he knew of Hitler’s intention to use force against Czechoslovakia and made the plans to carry out that intention. (388-PS; 1780-PS; 2353-PS)

There were many meetings on Case Green in September 1938, some with Hitler, some with Keitel and Jodl. The timing of troop movements was discussed; the question of advance notice to OKH; preparations of railroads and fortifications; even propaganda to counteract the anticipated violations of International Law which the invasion would entail (388-PS; 1780-PS; C-2). Assistance was given by OKH to the Sudeten German Free Corps, an auxiliary military organization which operated under Henlein to create disorder in Czechoslovakia. (1780-PS; 388-PS)

In October 1938 Hitler addressed to the OKW four specific questions about the time and the forces that would be required to break Czech resistance in Bohemia and Moravia, and Keitel submitted the answers prepared by the OKH and Luftwaffe (388-PS). On 21 October 1938 Hitler signed an order (and Keitel initialled it) requiring the Wehrmacht to make preparations to take the remainder of Czechoslovakia. (C-136)

Two months later Keitel issued a supplement to this order, stating that on the order of the Fuehrer preparations for the liquidation of Czechoslovakia were to continue, and stressing the importance of having the attack well camouflaged and unwarlike in appearance. (C-138)

Keitel was present at the interview between Hitler and Hacha at the Reich Chancellery on 15 March 1939, when the Czech representatives delivered their country to Hitler, after hours of duress, which included the threat of immediate bombing of Prague. (2798-PS; 2943-PS)

(3) Aggression against Poland. On 25 March 1939—four days after Ribbentrop pressed new demands for Danzig on the Polish Ambassador—Hitler told von Brauchitsch, Commander-in-chief of the Army, that he did not intend to solve the Polish question by force for the time being but requested that plans for that operation be developed. (R-100)

On 3 April 1939 Keitel, as Chief of the High Command of the Armed Forces, reissued over his signature the directive for the Uniform Preparation for War by the Armed Forces for 1939/40. The directive, noting that the basic principles for the sections on “Frontier Defense” and “Danzig” remained unaltered, stated that Hitler had added the following directives to “Fall Weiss”:

“1. Preparations must be made in such a way that the operation can be carried out at any time from 1.9.39 onwards.

“2. The High Command of the Armed Forces has been directed to draw up a precise timetable for “Fall Weiss” and to arrange by conferences the synchronized timings between the three branches of the Armed Forces.

“3. The plans of the branches of the Armed Forces and the details for the timetable must be submitted to the OKW by 1.5.39.” (C-120)

It is noteworthy that, even in April of 1939, the tentative timetable called for the invasion of Poland to be carried out at any time from 1 September 1939 onwards.

About a week later, an order signed by Hitler was circulated to the highest commands of the Army, Navy and Air Force. This confirmed Keitel’s directive to prepare for three eventualities: “Frontier Defense”, “Fall Weiss”, and the Annexation of Danzig. Annex II contained further instructions for “Fall Weiss”. In the first paragraph, headed “Political Hypotheses and Aims”, it was stated that should Poland adopt a threatening attitude toward Germany, a “final settlement” would be necessary notwithstanding the pact with Poland. “The aim is then to destroy Polish military strength . . .”

It was further stated that the Free State of Danzig would be incorporated into Germany at the outbreak of the conflict, at the latest. The directive continued: “Policy aims at limiting the war to Poland, and this is considered possible in view of the internal crisis in France and British restraint as a result of this.”

The general political background against which the Armed Forces were to work having thus been set down, the later paragraphs outlined the tasks and operational objectives of the three branches of the Armed Forces. It was also decreed that a “camouflaged or open (‘general’ added in ink) mobilization will not be ordered before D-Day 1 at the latest possible moment”, and further that the “preparations for the opening of operations are to be made in such a way that—without waiting for the planned assembly of mobilized units—positions can be taken up immediately by the first available troops.” (C-120)

On 10 May an order signed by Hitler promulgated his instructions for the seizure of economic installations in Poland and directed the commanders-in-chief of the three branches of the armed forces to report by 1 August 1939 on the measures taken in consequence of these instructions. (C-120)

On 23 May 1939 Hitler called a meeting of his military leaders at the Reich Chancellery. Keitel was at the meeting; Jodl was not, but Warlimont (also from the Planning Department of OKW) was. Hitler announced the necessity of a war against Poland, not over Danzig, but in order to acquire living space in the East. He recognized the possibility that this would provoke a war against France and England, but the Wehrmacht was instructed to prepare detailed plans. (L-79)

A directive dated 22 June 1939, signed by Keitel as Chief of the OKW, indicates an advanced stage of preparation. On the basis of particulars already available from the Navy, Army, and Air Force, he stated, he had submitted to Hitler a “preliminary timetable” for “Fall Weiss.” The Fuehrer was reported to be in substantial agreement with the intentions submitted by the three branches; he had also made suggestions with regard to the need to camouflage the scheduled maneuvers “in order not to disquiet the population,” and had commented on the disposition of an SS Artillery Regiment. (C-126)

Two days later, Keitel issued instructions for further study on two specific problems: the capture, in undamaged condition, of bridges over the Vistula; and the possible adverse effect of Navy mining in Danzig Bay on the element of surprise in the Army’s attack against the bridge at Dirschau, southeast of Danzig. (C-120)

On 22 August 1939, Hitler called together at Obersalzberg the Supreme Commanders of the three branches of the armed forces, as well as the lower ranking Commanding Generals (Oberbefehlshaber), and announced his decision to attack Poland near dawn on 26 August. Keitel was at this meeting. (L-3; 798-PS; 1014-PS)

Three documents reporting this meeting have been uncovered: the text of one, L-3, overlaps the contents of the other two, 798-PS and 1014-PS; the latter two appear to be complementary, 798-PS being a record of a morning speech, and 1014-PS of an afternoon speech. Violent and abusive language appears in both L-3 and 798-PS. That Hitler made, at a minimum, the following points, appears from all of them:

1. The decision to attack Poland was made last spring. (L-3; 798-PS)

2. The aim of the war in Poland is to destroy the Polish armed forces, rather than to reach a fixed line. (L-3; 1014-PS)

3. The attack will start early Saturday morning, 26 August (L-3; 1014-PS)

4. A spurious cause for starting the war will be devised by German propaganda. It is a matter of indifference whether it is plausible or not. The world will not question the victor (L-3; 1014-PS). The text in L-3 further describes the pretext to be used to start the war: “I’ll let a couple of companies, dressed in Polish uniforms, make an assault in Upper Silesia or in the Protectorate.”

A handwritten entry in the diary of Jodl, at that time Chief of the Operations Department of the OKW, confirms that the time for the attack on Poland had been fixed for 0430 on 26 August 1939. (1780-PS)

(4) Aggression against Norway and Denmark. On or about 12 September 1939 Hitler ordered the OKW to start preparations for the occupation of Norwegian bases early in 1940. (1546-PS)

The possibility of using Quisling was discussed with Hitler on 12 December 1939, in a conference at which Raeder, Keitel, and Jodl were present. Hitler agreed with Raeder’s suggestion that, if he was favorably impressed with Quisling, the OKW should be authorized to prepare for the occupation either with Quisling’s assistance, or by force. (C-64)

In January of 1940 the Navy was ordered to concentrate barges for the invasion, and further preparations were to be conducted under the code name “Weserubung” (C-63). The general directive for the invasion was issued by Hitler on 1 March 1940. (C-174; 1809-PS)

(5) Aggression against Belgium, the Netherlands, and Luxembourg. At a conference with Hitler on 23 May 1939 it was determined that the occupation of the Low Countries was necessary to the successful conduct of the war against England. A small planning staff was formed at OKW with responsibility for further planning of the invasion, and complete secrecy was invoked. Keitel was at this meeting. (L-79)

On 9 October 1939 it was stated in a general directive for the conduct of the war in the West that the invasion should be started soon, in order to protect the Ruhr and to provide air bases for use against England. A copy of this directive was distributed to OKW. (L-52)

In October and November of 1939 a number of military orders was issued concerning the invasion of the Low Countries—“Fall Gelb”. Questions of how far the troops should advance under the plan were clarified (C-62; 440-PS). Instructions were issued concerning the deployment of troops, communications systems, crossing of the borders, and the administration and pacification of the countries to be taken (2329-PS). Provisions were made for special operations by the 7th Flieger Division near the Belgian-French border. (C-10)

Between 7 November 1939 and 9 May 1940 seventeen orders were issued setting and postponing the day for starting operations. These delays were caused by the weather. One of the orders, dated 11 January 1940, shows that all the others were concerned with the action against the Low Countries, and that the 7th Flieger Division (see C-10) was involved. All these orders were signed either by Keitel or Jodl. (C-72)

The development of the plans, and the various questions which came up for consideration are shown in the entries in Jodl’s diary. At one point the Foreign Office did not regard the prepared justification for the attack as satisfactory, but Jodl thought it was sufficient. His diary shows the existence of the plan against the Low Countries and the steps taken to put it into execution. (1809-PS)

(6) Aggression against Greece and Yugoslavia. On 12 November 1940 Hitler issued orders to the Army to prepare for the occupation of the Greek mainland (444-PS). On 13 December 1940 a Hitler order stated that the invasion of Greece was planned and would start as soon as the weather became favorable. The composition of combat teams and their routes of march were given. When the Greek operation was concluded, the mass of the troops involved were to be employed for a new task. This order was distributed to the OKW, as well as to the three armed services. (1541-PS)

On 11 January 1941 Hitler ordered preparation for armed intervention in Albania, to assist the Italians against Greece. The order was initialled by Keitel and Jodl (448-PS). On 20 January 1941 Jodl reported, in notes of a meeting between Hitler and Mussolini, that Hitler stated that one of the purposes of German troop concentrations in Rumania was for use in his plan for the operation against Greece. This was four months prior to the attack. (C-134)

On 19 February 1941 an OKW order signed by Warlimont gave decisions for carrying out the Greek campaign, providing that pontoon building would commence on 26 February, and that the Danube would be crossed on 2 March. (C-59)

On 18 March 1941 Raeder, in the presence of Keitel and Jodl, asked for confirmation that the whole of Greece would have to be occupied even in the event of a peaceful settlement, and Hitler replied that complete occupation was a prerequisite to any settlement. (C-167)

At a meeting on 27 March 1941, attended by both Keitel and Jodl, Hitler outlined the proposed operations against Yugoslavia and Greece. The actual plan for military operations, Directive No. 25, was issued on the same day. (1746-PS)

(7) Aggression against the U.S.S.R. On 12 November 1940 Hitler issued a directive in which, among other things, it was stated that preparations for the East already verbally ordered should be continued, regardless of the outcome of current political discussions for the clarification of Russia’s attitude. The directive was initialled by Jodl. (444-PS)

The original directive for preparation of the attack on Russia—case “Barbarossa”—was signed by Hitler on 18 December 1940 and initialled by Keitel and Jodl (446-PS). On 3 February 1941 Hitler held a meeting to discuss the intended invasion. Keitel and Jodl were both present (872-PS). On 1 March 1941 an OKW map was prepared to show the intended division of occupied Russian territory. The distribution list shows that Keitel and Jodl received copies. (1642-PS)

In March of 1941 Keitel wrote to Reich Minister Todt to give him detailed instructions about camouflaging the coming invasion. The letter was initialled by Jodl. (874-PS)

On 13 March 1941 Keitel issued an operational supplement to Hitler’s Barbarossa order (446-PS). This order defined the area of operations and established the relationship between political and military officers in those areas (447-PS). On 1 June 1941 there was issued, with Hitler’s approval, a timetable for the invasion, showing the disposition and missions of the Army, Navy, and Air Force. This paper was signed by Keitel (C-39). On 14 June 1941 an order was issued for final reports on Barbarossa to be made in Berlin by Army, Navy, and Air Commanders. (C-78)

While the foregoing preparations were being made, planning for the production of armaments and supplies was being conducted by one of Keitel’s subordinates, General Thomas, Chief of the Wirtschaft Ruestungsamt in OKW. (2353-PS)

By a Fuehrer order dated 20 April 1941 Rosenberg was appointed “Deputy for a Centralized Treatment of Problems concerning the Eastern Territories”. Jodl and Warlimont were appointed Keitel’s representatives with the Rosenberg office (865-PS). A preliminary report by Rosenberg on his work up to the time of the invasion mentions Keitel and Jodl as having consulted and worked with him in those preparations. (1039-PS)

A memorandum written by General Thomas on 20 June 1941 states that Keitel had confirmed to him Hitler’s policy on raw materials—that it took less manpower to seize territories containing raw materials, than it did to make synthetic substitutes. (1456-PS)

(8) War Crimes and Crimes against Humanity;—Crimes against Military Personnel—Lynching of Allied Airmen. On 21 May 1944 Keitel received a note from WFSt to the effect that Hitler had decided that enemy fliers who had been forced down should be shot without court-martial, if they had engaged in “acts of terror”. Keitel wrote on the note “Please arrange for order to be drafted. K”. (731-PS)

By 4 June 1944 Jodl and Warlimont were ready to go ahead with formulating the plans. Goering was to be asked what actions of enemy fliers should be punishable by death; the Airmen’s Reception Camp at Oberursel was to be told which fliers should be delivered to the SD; and the Foreign Office was to be kept advised. (737-PS)

At subsequent conferences Keitel and Jodl raised questions about the difficulty of establishing general rules in such a matter. The “Acts of Terror” were:

1. Low level attacks on civilians.

2. Shooting German fliers in parachutes.

3. Attacks on civilian passenger planes.

4. Attacks on Red Cross hospitals or trains. (735-PS)

On 17 June 1944 Keitel wrote to the Foreign Office to ask their approval of the proposed measure and the agreed definition of “Acts of Terror” (730-PS). On the same day Keitel wrote to Goering to ask for his approval of the definitions of “Acts of Terror”, and also to ask that he give verbal instructions to the Commandant of the camp at Oberursel to hand over fliers guilty of such acts to the SD. Both Keitel and Jodl initialled this letter (729-PS). Goering replied that fliers not guilty of acts of terror must be protected, and suggested that such matters be handled by the courts. (732-PS)

A draft of a Foreign Office letter dated 20 June 1944 expresses misgivings about the Geneva Convention, and concern about the publicity that would be involved. (728-PS)

On 26 June 1944 Goering’s adjutant telephoned the WFSt to say that Goering agreed to the procedures suggested. (733-PS)

On 29 June Warlimont was informed that Ribbentrop had approved the Foreign Office draft (728-PS), but wished to obtain Hitler’s approval before communicating his own final written approval to Keitel. (740-PS)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO WILHELM KEITEL

│ │ │ Document │ Description │ Vol. │ Page │ │ │ │Charter of the International Military │ │ │ Tribunal, Article 6. │ I │ 5 │International Military Tribunal, │ │ │ Indictment Number 1, Section IV (H);│ │ │ Appendix A. │ I │ 29, 66 │ ———— │ │ │Note: A single asterisk (*) before a │ │ │document indicates that the document │ │ │was received in evidence at the │ │ │Nurnberg trial. A double asterisk (**)│ │ │before a document number indicates │ │ │that the document was referred to │ │ │during the trial but was not formally │ │ │received in evidence, for the reason │ │ │given in parentheses following the │ │ │description of the document. The USA │ │ │series number, given in parentheses │ │ │following the description of the │ │ │document, is the official exhibit │ │ │number assigned by the court. │ │ │ ———— │ │ 081-PS │Letter from Rosenberg to Keitel, 28 │ │ │February 1942, concerning mistreatment│ │ │of Soviet prisoners of war. │ III │ 126 │ │ │ *137-PS │Copy of Order from Keitel to │ │ │Commanding General of Netherlands, 5 │ │ │July 1940, to cooperate with the │ │ │Einsatzstab Rosenberg. (USA 379) │ III │ 185 │ │ │ 138-PS │Copy of Order from Keitel to │ │ │Commanding General of France, 17 │ │ │September 1940, to cooperate with the │ │ │Einsatzstab Rosenberg. │ III │ 186 │ │ │ *149-PS │Hitler Order, 1 March 1942, │ │ │establishing authority of Einsatzstab │ │ │Rosenberg. (USA 369) │ III │ 190 │ │ │ *375-PS │Case Green with wider implications, │ │ │report of Intelligence Division, │ │ │Luftwaffe General Staff, 25 August │ │ │1938. (USA 84) │ III │ 280 │ │ │ *388-PS │File of papers on Case Green (the plan│ │ │for the attack on Czechoslovakia), │ │ │kept by Schmundt, Hitler’s adjutant, │ │ │April-October 1938. (USA 26) │ III │ 305 │ │ │ 440-PS │Directive No. 8 signed by Keitel, 20 │ │ │November 1939, for the conduct of the │ │ │war. (GB 107) │ III │ 397 │ │ │ *444-PS │Original Directive No. 18 from │ │ │Fuehrer’s Headquarters signed by │ │ │Hitler and initialled by Jodl, 12 │ │ │November 1940, concerning plans for │ │ │prosecution of war in Mediterranean │ │ │Area and occupation of Greece. (GB │ │ │116) │ III │ 403 │ │ │ *446-PS │Top Secret Fuehrer Order No. 21 signed│ │ │by Hitler and initialled by Jodl, │ │ │Warlimont and Keitel, 18 December │ │ │1940, concerning the Invasion of │ │ │Russia (case Barbarossa). (USA 31) │ III │ 407 │ │ │ *447-PS │Top Secret Operational Order to Order │ │ │No. 21, signed by Keitel, 13 March │ │ │1941, concerning Directives for │ │ │special areas. (USA 135) │ III │ 409 │ │ │ *448-PS │Hitler Order No. 22, initialled by │ │ │Keitel and Jodl, 11 January 1941, │ │ │concerning participation of German │ │ │Forces in the Fighting in the │ │ │Mediterranean Theater of Operations. │ │ │(GB 118) │ III │ 413 │ │ │ *498-PS │Top Secret Fuehrer Order for killing │ │ │of commandos, 18 October 1942. (USA │ │ │501) │ III │ 416 │ │ │ *503-PS │Letter signed by Jodl, 19 October │ │ │1942, concerning Hitler’s explanation │ │ │of his commando order of the day │ │ │before (Document 498-PS). (USA 542) │ III │ 426 │ │ │ *508-PS │OKW correspondence, November 1942, │ │ │about shooting of British glider │ │ │troops in Norway. (USA 545) │ III │ 430 │ │ │ 509-PS │Telegram to OKW, 7 November 1943, │ │ │reporting “special treatment” for │ │ │three British commandos. (USA 547) │ III │ 433 │ │ │ *512-PS │Teletype from Army Commander in │ │ │Norway, 13 December 1942, concerning │ │ │interrogation of saboteurs before │ │ │shooting; and memorandum in reply from│ │ │OKW, 14 December 1942. (USA 546) │ III │ 433 │ │ │ *531-PS │OKW memorandum, 23 June 1944, citing │ │ │inquiry from Supreme Command West │ │ │about treatment of paratroopers. (USA │ │ │550) │ III │ 435 │ │ │ *537-PS │Order signed by Keitel, 30 July 1944, │ │ │concerning treatment of members of │ │ │foreign “Military Missions”, captured │ │ │together with partisans. (USA 553) │ III │ 439 │ │ │ *551-PS │Order signed by Keitel, 26 June 1944, │ │ │concerning treatment of Commando │ │ │participants. (USA 551) │ III │ 440 │ │ │ *553-PS │Order signed by Keitel, 4 August 1942,│ │ │regulating treatment of paratroops. │ │ │(USA 500) │ III │ 441 │ │ │ *556-2-PS │Order initialled by Keitel, 8 │ │ │September 1942, for civilians to work │ │ │on “West Wall”. (USA 194) │ III │ 443 │ │ │ *656-PS │Letter, undated, from Bormann to │ │ │Political leaders, enclosing Order of │ │ │Supreme Command of the Wehrmacht, 29 │ │ │January 1943, relating to self-defense│ │ │against prisoners of war. (USA 339) │ III │ 470 │ │ │ 666-PS │Directives issued by the Fuehrer and │ │ │Supreme Commander of the Armed Forces │ │ │signed by Keitel, 7 December 1941, for│ │ │prosecution of offenses against the │ │ │Reich. │ III │ 474 │ │ │ 668-PS │Letter from Chief of the SIPO and SD │ │ │and OKW letter, 24 June 1942, │ │ │concerning prosecution of punishable │ │ │offenses against the Reich or │ │ │occupation forces in occupied │ │ │territories. (USA 504) │ III │ 476 │ │ │ *686-PS │Decree of the Fuehrer and Reich │ │ │Chancellor to strengthen German │ │ │Folkdom, 7 October 1939, signed by │ │ │Hitler, Goering, Lammers and Keitel. │ │ │(USA 305) │ III │ 496 │ │ │ 695-PS │OKW Order signed by Reinecke, 24 March│ │ │1942, concerning treatment of Soviet │ │ │prisoners of war. │ III │ 498 │ │ │ *728-PS │Letter of Foreign Office to Chief of │ │ │Supreme Command of Armed Forces, 20 │ │ │June 1944, concerning treatment of │ │ │enemy terror aviators. (GB 152) │ III │ 526 │ │ │ 729-PS │Handwritten note initialled Keitel, 14│ │ │June 1944, concerning treatment of │ │ │enemy terror aviators. │ III │ 529 │ │ │ 730-PS │Draft of letter to Foreign Office, │ │ │attention Ambassador Ritter, 15 June │ │ │1944, concerning treatment of enemy │ │ │aviators. │ III │ 530 │ │ │ 731-PS │Memorandum initialled by Jodl, 22 May,│ │ │concerning measures to be taken │ │ │against Anglo-American air crews in │ │ │special instances. │ III │ 531 │ │ │ 732-PS │Letter from Feske to Keitel, 19 June │ │ │1944, concerning treatment of enemy │ │ │terror aviators. │ III │ 532 │ │ │ 733-PS │Telephone memorandum, 26 June 1944, │ │ │concerning treatment of terror │ │ │aviators. │ III │ 533 │ │ │ 735-PS │Minutes of meeting, 6 June 1944, to │ │ │fix the cases in which the application│ │ │of Lynch Law against Allied airmen │ │ │would be justified. (GB 151) │ III │ 533 │ │ │ 737-PS │Conference Notes, 4 June 1944, │ │ │concerning treatment of enemy terror │ │ │aviators. │ III │ 536 │ │ │ *740-PS │Letter from Warlimont, 30 June 1944, │ │ │concerning treatment of enemy terror │ │ │aviators. (GB 153) │ III │ 537 │ │ │ 743-PS │Order signed by Keitel, 8 September │ │ │1944, instructing the Armed Forces to │ │ │support Koch in the exploitation and │ │ │evacuation of Baltic territories. │ III │ 539 │ │ │ *795-PS │Keitel’s conference, 17 August 1939, │ │ │concerning giving Polish uniforms to │ │ │Heydrich. (GB 54) │ III │ 580 │ │ │ *798-PS │Hitler’s speech to │ │ │Commanders-in-Chief, at Obersalzberg, │ │ │22 August 1939. (USA 29) │ III │ 581 │ │ │ 829-PS │Order signed by Keitel, 16 December │ │ │1941, for ruthless suppression of │ │ │uprisings in occupied territories. │ III │ 597 │ │ │ 833-PS │Instructions by Admiral Canaris, Head │ │ │of the Abwehr, 2 February 1942, │ │ │concerning prosecution of crimes │ │ │against the Reich or occupying forces │ │ │in the occupied territories. │ III │ 600 │ │ │ *865-PS │Correspondence between Keitel, │ │ │Rosenberg and Lammers, April 1941, │ │ │concerning appointment of Jodl and │ │ │Warlimont as OKW representatives with │ │ │Rosenberg. (USA 143) │ III │ 621 │ │ │ 870-PS │Report of December 1944 from Terboven │ │ │to Hitler concerning sabotage in Oslo,│ │ │with marginal comment by Keitel │ │ │approving suggestion to shoot │ │ │relatives of saboteurs. │ III │ 623 │ │ │ *871-PS │Teletype from Keitel to Lammers, 6 │ │ │December 1944, agreeing that reprisals│ │ │must be ruthless. (GB 322) │ III │ 626 │ │ │ *872-PS │Memorandum of Discussion between the │ │ │Fuehrer and the OKW, concerning case │ │ │“Barbarossa” and “Sonnenblume” │ │ │(African operation). (USA 134) │ III │ 626 │ │ │ 874-PS │Draft letter to Todt, initialled K, J,│ │ │and W, 9 March 1941, concerning │ │ │Deception measures. │ III │ 634 │ │ │ 878-PS │Draft of Order signed by Keitel, 12 │ │ │September 1941, providing that Jews │ │ │may be put in labor-columns. │ III │ 636 │ │ │ *1014-PS │Hitler’s speech to │ │ │Commanders-in-Chief, 22 August 1939. │ │ │(USA 30) │ III │ 665 │ │ │ *1039-PS │Report concerning preparatory work │ │ │regarding problems in Eastern │ │ │Territories, 28 June 1941, found in │ │ │Rosenberg’s “Russia File”. (USA 146) │ III │ 695 │ │ │ 1107-PS │Office memorandum, 17 May 1944, in │ │ │Rosenberg Ministry concerning the │ │ │Wehrmacht’s function in removing │ │ │treasures from the USSR. │ III │ 789 │ │ │ 1161-PS │OKW, 31 May 1940, setting up economic │ │ │reconnaissance teams to procure all │ │ │important stocks of raw materials, │ │ │machinery, etc. in Belgium, Holland │ │ │and Northern France. │ III │ 816 │ │ │ 1292-PS │Memorandum of conference with Hitler, │ │ │4 January 1944, concerning allocation │ │ │of labor, 1944. (USA 225) │ III │ 866 │ │ │ *1456-PS │Thomas memorandum 20 June 1941; Keitel│ │ │consulted about resources of USSR. │ │ │(USA 148) │ IV │ 21 │ │ │ *1519-PS │Circular from Bormann, 30 September │ │ │1941, containing text of OKW of 8 │ │ │September 1941 on treatment of Soviet │ │ │prisoners of war. (GB 525) │ IV │ 58 │ │ │ *1538-PS │Report from German Military Attache in│ │ │Tokyo to Office Foreign Intelligence, │ │ │24 May 1941. (USA 154) │ IV │ 100 │ │ │ *1541-PS │Directive No. 20, Operation Marita, 13│ │ │December 1940. (GB 117) │ IV │ 101 │ │ │ 1546-PS │Raeder memorandum, 9 April 1940, │ │ │concerning occupation of Norway. │ IV │ 104 │ │ │ 1590-PS │Order received by OKH signed by │ │ │Keitel, 1 October 1941, containing │ │ │regulations for the shooting of │ │ │hostages. │ IV │ 127 │ │ │ 1642-PS │Distribution list, 1 March 1941, for │ │ │secret map of Soviet Union. │ IV │ 154 │ │ │ *1666-PS │Decree appointing Sauckel General │ │ │Plenipotentiary for Manpower, 21 March│ │ │1942 and decree of Goering conferring │ │ │certain powers on Sauckel, 27 March │ │ │1942. 1942 Reichsgesetzblatt, Part I, │ │ │pp. 179-180. (USA 208) │ IV │ 182 │ │ │ *1746-PS │Conference between German and │ │ │Bulgarian Generals, 8 February 1941; │ │ │speech by Hitler to German High │ │ │Command on situation in Yugoslavia, 27│ │ │March 1941; plan for invasion of │ │ │Yugoslavia, 28 March 1941. (GB 120) │ IV │ 272 │ │ │ 1774-PS │Extracts from Organizational Law of │ │ │the Greater German Reich by Ernst │ │ │Rudolf Huber. (GB 246) │ IV │ 349 │ │ │ *1775-PS │Propositions to Hitler by OKW, 14 │ │ │February 1938. (USA 73) │ IV │ 357 │ │ │ *1780-PS │Excerpts from diary kept by General │ │ │Jodl, January 1937 to August 1939. │ │ │(USA 72) │ IV │ 360 │ │ │ *1809-PS │Entries from Jodl’s diary, February │ │ │1940 to May 1940. (GB 88) │ IV │ 377 │ │ │ 1915-PS │Decree concerning leadership of Armed │ │ │Forces, 4 February 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 111. │ IV │ 552 │ │ │ 1954-PS │Deposition of Keitel, 3 August 1945, │ │ │on his official functions and relation│ │ │to Nazi Party. │ IV │ 592 │ │ │ *2018-PS │Fuehrer’s decree establishing a │ │ │Ministerial Council for Reich Defense,│ │ │30 August 1939. 1939 │ │ │Reichsgesetzblatt, Part I, p. 1539. │ │ │(GB 250) │ IV │ 650 │ │ │ *2031-PS │Decree establishing a Secret Cabinet │ │ │Council, 4 February 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 112. (GB│ │ │217) │ IV │ 654 │ │ │ 2039-PS │Decree concerning the conditions of │ │ │employment of Eastern workers, 30 June│ │ │1942. 1942 Reichsgesetzblatt, Part I, │ │ │p. 419. │ IV │ 655 │ │ │ *2194-PS │Top secret letter from Ministry for │ │ │Economy and Labor, Saxony, to Reich │ │ │Protector in Bohemia and Moravia, │ │ │enclosing copy of 1938 Secret Defense │ │ │Law of 4 September 1938. (USA 36) │ IV │ 843 │ │ │ 2231-PS │Excerpt from von Stutterheim, “Die │ │ │Reichskanzlei” (1940), pp. 19-34. │ IV │ 873 │ │ │ *2285-PS │Affidavit, 13 May 1945, by two French │ │ │officers, about shooting of prisoners │ │ │at Mauthausen, (USA 490) │ IV │ 991 │ │ │ *2329-PS │Order by Commander in Chief of the │ │ │Army, 7 October 1939. (GB 105) │ IV │ 1037 │ │ │ *2353-PS │Extracts from General Thomas’ Basic │ │ │Facts for History of German War and │ │ │Armament Economy. (USA 35) │ IV │ 1071 │ │ │ *2608-PS │Frick’s lecture, 7 March 1940, on “The│ │ │Administration in Wartime”. (USA 714) │ V │ 327 │ │ │ 2746-PS │Decree concerning organization of │ │ │Criminal Jurisdiction against Poles │ │ │and Jews in Incorporated Territories, │ │ │4 December 1941. 1941 │ │ │Reichsgesetzblatt, Part I, pp. │ │ │759-761. │ V │ 386 │ │ │ *2798-PS │German Foreign Office minutes of the │ │ │meeting between Hitler and President │ │ │Hacha of Czechoslovakia, 15 March │ │ │1939. (USA 118; GB 5) │ V │ 433 │ │ │ 2926-PS │Decree concerning the care of children│ │ │begotten by members of the Wehrmacht │ │ │Personnel in Occupied Territories, 28 │ │ │July 1942. 1942 Reichsgesetzblatt, │ │ │Part I, p. 488. │ V │ 592 │ │ │ *2943-PS │Documents Numbers 55, 57, 62, 65, 66, │ │ │73, 77 and 79 in the French Yellow │ │ │Book. Excerpts from eight dispatches │ │ │from M. Coulondre, the French │ │ │Ambassador in Berlin, to the French │ │ │Foreign Office, between 13 and 18 │ │ │March 1939. (USA 114) │ V │ 608 │ │ │ 3012-PS │Order signed Christiansen, 19 March │ │ │1943, to all group leaders of Security│ │ │Service, and record of telephone │ │ │conversation signed by Stapj, 11 March│ │ │1943. (USA 190) │ V │ 731 │ │ │ 3019-PS │Announcement of Keitel as Chief of │ │ │Wehrmacht, published in The Archives, │ │ │Vol. 18, p. 860. │ V │ 737 │ │ │ 3020-PS │Fuehrer’s speech in Reichstag on 19 │ │ │July 1940, published in The Archives, │ │ │Vol. 76, p. 386. │ V │ 737 │ │ │ **3047-PS │File notes on conference in Fuehrer’s │ │ │train on 12 September 1939; report on │ │ │execution of Jews in Borrisow; and │ │ │entries from diary of Admiral Canaris.│ │ │(USA 80) (Referred to but not offered │ │ │in evidence.) │ V │ 766 │ │ │ *3702-PS │Affidavit of Colonel-General Franz │ │ │Halder, 7 November 1945. (USA 531) │ VI │ 411 │ │ │ *3704-PS │Affidavit of Field Marshal Werner von │ │ │Blomberg, 7 November 1945. (USA 536) │ VI │ 414 │ │ │ *3705-PS │Affidavit of Field Marshal Walter von │ │ │Brauchitsch, 7 November 1945. (USA │ │ │535) │ VI │ 415 │ │ │ *3707-PS │Affidavit of Colonel-General Franz │ │ │Halder, 13 November 1945. (USA 533) │ VI │ 419 │ │ │ *3786-PS │Stenographic transcript of a meeting │ │ │in the Fuehrer’s Headquarters, 27 │ │ │January 1945. (USA 787) │ VI │ 655 │ │ │ *C-2 │Examples of violations of │ │ │International Law and proposed counter│ │ │propaganda, issued by OKW, 1 October │ │ │1938. (USA 90) │ VI │ 799 │ │ │ C-6 │Order by Keitel for intensified sea │ │ │and air measures in connection with │ │ │Fall “Gelb”, 30 December 1939. │ VI │ 816 │ │ │ *C-10 │OKW directive, 28 November 1939, │ │ │signed by Keitel, subject: Employment │ │ │of 7th Flieger Division. (GB 108) │ VI │ 817 │ │ │ *C-39 │Timetable for Barbarossa, approved by │ │ │Hitler and signed by Keitel. (USA 138)│ VI │ 857 │ │ │ C-48 │Order signed by Keitel, 30 November │ │ │1944, concerning sabotage in Norway │ │ │and Denmark. │ VI │ 870 │ │ │ *C-50 │Covering letters and Order of 13 May │ │ │1941, signed by Keitel on ruthless │ │ │treatment of civilians in the USSR for│ │ │offenses committed by them. (USA 554; │ │ │GB 162) │ VI │ 871 │ │ │ C-51 │Order signed by Keitel, 27 July 1941, │ │ │for destruction of all copies of Order│ │ │of 13 May 1941 (document C-50) without│ │ │effecting its validity. │ VI │ 875 │ │ │ *C-52 │Order signed by Keitel, 23 July 1941, │ │ │to abandon legal prosecution and │ │ │punishment in USSR and use terrorism │ │ │instead. (GB 485) │ VI │ 876 │ │ │ *C-59 │Order signed by Warlimont for │ │ │execution of operation “Marita”, 19 │ │ │February 1941. (GB 121) │ VI │ 879 │ │ │ *C-62 │Directive No. 6 on the conduct of war,│ │ │signed by Hitler, 9 October 1939; │ │ │directive by Keitel, 15 October 1939 │ │ │on Fall “Gelb”. (GB 106) │ VI │ 880 │ │ │ *C-63 │Keitel order on preparation for │ │ │“Weseruebung”, 27 January 1940. (GB │ │ │87) │ VI │ 883 │ │ │ C-64 │Raeder’s report, 12 December 1939, on │ │ │meeting of Naval Staff with Fuehrer. │ │ │(GB 86) │ VI │ 884 │ │ │ *C-72 │Orders postponing “A” day in the West,│ │ │November 1939 to May 1940. (GB 109) │ VI │ 893 │ │ │ *C-75 │OKW Order No. 24 initialled Jodl, │ │ │signed Keitel, 5 March 1941, │ │ │concerning collaboration with Japan. │ │ │(USA 151) │ VI │ 906 │ │ │ *C-78 │Schmundt’s Order of 9 June 1941, │ │ │convening conference on Barbarossa on │ │ │14 June. (USA 139) │ VI │ 909 │ │ │ *C-102 │Document signed by Hitler relating to │ │ │operation “Otto”, 11 March 1938. (USA │ │ │74) │ VI │ 911 │ │ │ *C-103 │Directive signed by Jodl, 11 March │ │ │1938, on conduct towards Czech or │ │ │Italian troops in Austria. (USA 75) │ VI │ 913 │ │ │ *C-120 │Directives for Armed Forces 1939-40 │ │ │for “Fall Weiss”, operation against │ │ │Poland. (GB 41) │ VI │ 916 │ │ │ *C-126 │Preliminary Time Table for “Fall │ │ │Weiss” and directions for secret │ │ │mobilization. (GB 45) │ VI │ 932 │ │ │ *C-134 │Letter from Jodl enclosing memorandum │ │ │on conference between German and │ │ │Italian Generals on 19 January and │ │ │subsequent speech by Hitler, 20 │ │ │January 1941. (GB 119) │ VI │ 939 │ │ │ *C-136 │OKW Order on preparations for war, 21 │ │ │October 1938, signed by Hitler and │ │ │initialled by Keitel. (USA 104) │ VI │ 947 │ │ │ *C-137 │Keitel’s appendix of 24 November 1938 │ │ │to Hitler Order of 21 October 1938. │ │ │(GB 33) │ VI │ 949 │ │ │ C-138 │Supplement of 17 December 1938, signed│ │ │by Keitel, to 21 October Order of the │ │ │OKW. (USA 105) │ VI │ 950 │ │ │ *C-148 │Keitel Order, 16 September 1941, │ │ │subject: Communist Insurrection in │ │ │Occupied Territories. (USA 555) │ VI │ 961 │ │ │ *C-152 │Extract from Naval War Staff files, 18│ │ │March 1941, concerning audience of │ │ │C-in-C of Navy with Hitler on 18 March│ │ │1941. (GB 122) │ VI │ 966 │ │ │ *C-167 │Report of meeting between Raeder and │ │ │Hitler, 18 March 1941. (GB 122) │ VI │ 977 │ │ │ *C-174 │Hitler Order for operation │ │ │“Weseruebung”, 1 March 1940. (GB 89) │ VI │ 1003 │ │ │ *C-175 │OKW Directive for Unified Preparation │ │ │for War 1937-1938, with covering │ │ │letter from von Blomberg, 24 June │ │ │1937. (USA 69) │ VI │ 1006 │ │ │ *C-182 │Directive No. 2 from Supreme Commander│ │ │Armed Forces, initialled Jodl, 11 │ │ │March 1938. (USA 77) │ VI │ 1017 │ │ │ *C-194 │Orders by Keitel and │ │ │Commander-in-Chief of Navy, 6 March │ │ │1936, for Navy cooperation in │ │ │Rhineland occupation. (USA 55) │ VI │ 1019 │ │ │ *D-39 │Telegrams relating to activities │ │ │against partisans in Italy. (GB 275) │ VI │ 1023 │ │ │ *D-569 │File of circulars from Reichsfuehrer │ │ │SS, the OKW, Inspector of │ │ │Concentration Camps, Chief of Security│ │ │Police and SD, dating from 29 October │ │ │1941 through 22 February 1944, │ │ │relative to procedure in cases of │ │ │unnatural death of Soviet PW, │ │ │execution of Soviet PW, etc. (GB 277) │ VII │ 74 │ │ │ D-730 │Statement of PW Walther Grosche, 11 │ │ │December 1945. (GB 279) │ VII │ 177 │ │ │ *D-731 │Statement of PW Ernst Walde, 13 │ │ │December 1945. (GB 278) │ VII │ 183 │ │ │ *D-735 │Memorandum of conference between │ │ │German Foreign Minister and Count │ │ │Ciano in presence of Keitel and │ │ │Marshal Cavallero, 19 December 1942. │ │ │(GB 295) │ VII │ 190 │ │ │ *D-763 │Circular of OKW, 18 August 1944, │ │ │regarding penal jurisdiction of │ │ │non-German civilians in Occupied │ │ │Territories. (GB 300) │ VII │ 222 │ │ │ *D-764 │Circular of OKW, 18 August 1944, │ │ │concerning combatting of “terrorists” │ │ │and “saboteurs” in Occupied │ │ │Territories and jurisdiction relative │ │ │thereto. (GB 299) │ VII │ 223 │ │ │ *D-765 │Directives of OKW, 2 September 1944, │ │ │regarding offenses by non-German │ │ │civilians in Occupied Territories. (GB│ │ │302) │ VII │ 225 │ │ │ *D-766 │Circular of OKW, 4 September 1944, │ │ │regarding offenses by non-German │ │ │civilians in Occupied Territories. (GB│ │ │301) │ VII │ 226 │ │ │ *D-767 │Memorandum, 13 September 1944, on │ │ │offenses by non-German civilians in │ │ │Occupied Territories. (GB 303) │ VII │ 228 │ │ │ *D-769 │Telegram signed by Gen. Christiansen, │ │ │21 September 1940, relative to │ │ │application of capital punishment in │ │ │connection with Railway strike in │ │ │Holland. (GB 304) │ VII │ 229 │ │ │ D-770 │Circular, 24 September 1944, on │ │ │offenses of non-German civilians in │ │ │Occupied Territories. (GB 305) │ VII │ 229 │ │ │ *D-774 │Directive of Chief of OKW to German │ │ │Foreign Office at Salzburg, on │ │ │treatment of Allied “Terrorist”-flyers│ │ │14 June 1944. (GB 307) │ VII │ 231 │ │ │ *D-775 │Draft of directive, 14 June 1944, from│ │ │OKW to Supreme Commander of │ │ │“Luftwaffe”, regarding treatment of │ │ │Allied “Terrorist”-flyers. (GB 308) │ VII │ 232 │ │ │ *D-776 │Draft of directive of Chief of OKW, 15│ │ │June 1944, to German Foreign Office at│ │ │Salzburg, concerning treatment of │ │ │Allied “Terrorist”-flyers. (GB 309) │ VII │ 233 │ │ │ *D-777 │Draft of directive, 15 June 1944, from│ │ │OKW to Supreme Commander of │ │ │“Luftwaffe” concerning treatment of │ │ │Allied “Terrorist”-flyers. (GB 310) │ VII │ 234 │ │ │ *D-779 │Letter from Reichsmarshal to Chief of │ │ │OKW, 19 August 1944, regarding │ │ │treatment of Allied │ │ │“Terrorist”-flyers. (GB 312) │ VII │ 235 │ │ │ *D-780 │Draft of communication from Ambassador│ │ │Ritter, Salzburg, to Chief of OKW, 20 │ │ │June 1944, on treatment of Allied │ │ │“Terrorist”-flyers. (GB 313) │ VII │ 236 │ │ │ *D-781 │Note of OKW to Supreme Commander of │ │ │“Luftwaffe”, 23 June 1944, regarding │ │ │treatment of Allied │ │ │“Terrorist”-flyers. (GB 314) │ VII │ 239 │ │ │ *D-782 │Note from German Foreign Office, │ │ │Salzburg, 25 June 1944, to OKW. (GB │ │ │315) │ VII │ 239 │ │ │ D-783 │Note of a telephone communication, 26 │ │ │June 1944, with regard to treatment of│ │ │“Terrorist”-aviators. (GB 316) │ VII │ 240 │ │ │ *D-784 │Note from Operation Staff of OKW │ │ │signed Warlimont, 30 June 1944, │ │ │concerning treatment of Allied │ │ │“Terrorist”-flyers. (GB 317) │ VII │ 240 │ │ │ *D-785 │Note from OKW to Supreme Commander of │ │ │“Luftwaffe”, 4 July 1944, concerning │ │ │“Terror”-flyers. (GB 318) │ VII │ 241 │ │ │ *D-786 │Note, 5 July 1944, on “Terror”-flyers.│ │ │(GB 319) │ VII │ 242 │ │ │ *EC-177 │Minutes of second session of Working │ │ │Committee of the Reich Defense held on│ │ │26 April 1933. (USA 390) │ VII │ 328 │ │ │ *EC-194 │Secret memorandum of Keitel concerning│ │ │use of prisoners of war in the war │ │ │industry, 31 October 1941. (USA 214) │ VII │ 336 │ │ │ *EC-286 │Correspondence between Schacht and │ │ │Goering, March-April 1937, concerning │ │ │price control. (USA 833) │ VII │ 380 │ │ │ EC-338 │Memorandum of 15 September 1941 from │ │ │Canaris to Keitel concerning an OKW │ │ │Order regulating the treatment of │ │ │Soviet prisoners of war. │ VII │ 411 │ │ │ *EC-406 │Minutes of Eleventh Meeting of Reichs │ │ │Defense Council, 6 December 1935. (USA│ │ │772) │ VII │ 455 │ │ │ *EC-407 │Minutes of Twelfth Meeting of Reichs │ │ │Defense Council, 14 May 1936. (GB 247)│ VII │ 462 │ │ │ L-3 │Contents of Hitler’s talk to Supreme │ │ │Commander and Commanding Generals, │ │ │Obersalzberg, 22 August 1939. (USA 28)│ │ │(Referred to but not offered in │ │ │evidence.) │ VII │ 752 │ │ │ *L-52 │Memorandum and Directives for conduct │ │ │of war in the West, 9 October 1939. │ │ │(USA 540) │ VII │ 800 │ │ │ *L-79 │Minutes of conference, 23 May 1939, │ │ │“Indoctrination on the political │ │ │situation and future aims”. (USA 27) │ VII │ 847 │ │ │ *L-90 │Fuehrer decree, February 1942, │ │ │concerning prosecution of offenses in │ │ │Occupied Territory; “First Ordinance” │ │ │signed by Keitel for execution of the │ │ │directive; memorandum of 12 December │ │ │1941, signed by Keitel. (USA 503) │ VII │ 871 │ │ │ *L-158 │Circular letter from SIPO and SD │ │ │Commander of Radom District, 28 March │ │ │1944, concerning measures to be taken │ │ │against escaped officers and │ │ │non-commissioned officer PWs. (USA │ │ │514) │ VII │ 906 │ │ │ L-179 │Letter from RSHA to police officials, │ │ │5 November 1942, concerning criminal │ │ │procedure against Poles and members of│ │ │Eastern people. │ VII │ 976 │ │ │ *L-211 │OKW circular entitled Direction of War│ │ │as Problem of Organization, 19 April │ │ │1938. (GB 161) │ VII │ 1043 │ │ │ *L-221 │Bormann report on conference of 16 │ │ │July 1941, concerning treatment of │ │ │Eastern populations and territories. │ │ │(USA 317) │ VII │ 1086 │ │ │ *R-100 │Minutes of instructions given by │ │ │Hitler to General von Brauchitsch on │ │ │25 March 1939. (USA 121) │ VIII │ 83 │ │ │ UK-20 │Keitel Order on treatment of │ │ │supporters of De Gaulle who fight for │ │ │Russians, 26 May 1943. (GB 163) │ VIII │ 538 │ │ │ *UK-57 │Keitel directives, 4 January 1944 and │ │ │21 April 1944, concerning │ │ │counteraction to Kharkov show trial. │ │ │(GB 164) │ VIII │ 539 │ │ │ *UK-66 │Report of British War Crimes Section │ │ │of Allied Force Headquarters on German│ │ │reprisals for partisan activity in │ │ │Italy. (GB 274) │ VIII │ 572 │ │ │ Affidavit A │Affidavit of Erwin Lahousen, 21 │ │ │January 1946, substantially the same │ │ │as his testimony on direct examination│ │ │before the International Military │ │ │Tribunal at Nurnberg 30 November and 1│ │ │December 1945. │ VIII │ 587 │ │ │ Affidavit I │Affidavit of Leopold Buerkner, 22 │ │ │January 1946. │ VIII │ 647 │ │ │ Statement III │The Origin of the Directives of the │ │ │Supreme Command of the Armed Forces, │ │ │by Wilhelm Keitel, Nurnberg, 15 │ │ │September 1945. │ VIII │ 669 │ │ │ Statement IV │The Position and Powers of the Chief │ │ │of the OKW, by Wilhelm Keitel, │ │ │Nurnberg, 9 October 1945. │ VIII │ 672 │ │ │ Statement V │Notes Concerning Actions of German │ │ │Armed Forces During the War and in │ │ │Occupied Territory, by Wilhelm Keitel,│ │ │Nurnberg, 19 October 1945. │ VIII │ 678 │ │ │ Statement VI │The Relationship Between Canaris and │ │ │Keitel, by Erwin Lahousen, Nurnberg, │ │ │23 October 1945. │ VIII │ 682 │ │ │ Statement IX │My Relationship to Adolf Hitler and to│ │ │the Party, by Erich Raeder, Moscow, │ │ │fall 1945. │ VIII │ 707 │ │ │ **Chart No. 7 │Organization of the Wehrmacht │ │ │1938-1945. (Enlargement displayed to │ │ │Tribunal.) │ VIII │ 776

5. ALFRED JODL

A. POSITIONS HELD BY JODL.

Operations Department of the Army (Heer), 1932-35.

Chief of the National Defense Section in the High Command of the Armed Forces (Abteilung Landesverteidigung im OKW), 1935-Oct. 1938.

Artillery Commander (“Artillerie Kommandeur”) of the 44th Division. Vienna and Brno, Oct 1938-27 Aug. 1939.

Chief of Operation Staff of the High Command of the Armed Forces (_Chef des Wehrmachtsfuhrungstabes in Oberkommando der Wehrmacht_), August 1939-1945.

Dates of Promotion:

1932—Major and Oberstleutnant 1936—Oberst 1939—Generalmajor 1940—General der Artillerie 1944—Generaloberst (2865-PS).

B. FUNCTIONS OF JODL’S POSITIONS.

Jodl’s most important office was that of Chief of the Operations Staff (Wehrmachtsfuehrungstab) in OKW. In this capacity he was directly subordinate to Keitel and equal in status to other departmental chiefs in OKW. However, insofar as the planning and conduct of military affairs are concerned, Jodl and his staff were more influential than the other departments.

The OKW Operations Staff was also divided into sections. Of these the most important was the “National Defense” section, of which Warlimont was chief. He was primarily concerned with the development of strategic questions. From 1941 onwards Warlimont, though charged with the same duties, was known as Deputy Chief of the OKW Operations Staff. (3707-PS)

Jodl drafted many directives for Hitler to sign, for the preparation of military operations and plans of deployment, and for the possible initiation and commencement of military measures relating to matters of organization, operations, or “war-economics.” While in a theater of operations, Jodl would report twice daily to Hitler about operations, and then prepare the Fuehrer directives. There was direct contact between Hitler and Jodl, though Keitel was kept informed of what passed between them.

In addition to certain ministerial functions, the OKW was Hitler’s military staff. Its most important duty was the development of strategic and operational plans. Such plans were worked out by the OKW Operations Staff in broad outline, and then in more detail by the Commanders and Chiefs of Staffs of the Army, Navy, and Air Force. After Hitler had approved the plans they were transmitted by the OKW to the appropriate military authorities (3705-PS; 3702-PS; 3707-PS).

C. JODL’S PART IN THE CONSPIRACY TO COMMIT CRIMES AGAINST PEACE.

Jodl’s loyalty to the Nazi party doctrine is evident in a speech he delivered on 7 November 1943. He spoke of the National Socialist Movement and its struggle for internal power as the preparation for liberation from the Treaty of Versailles. (_L-172) _ He also stated, in a speech on the occasion of the attempted assassination of Hitler, that his aims had been in general agreement with the aims of the party. (1808-PS)

At the sixth meeting of the Working Committee of the Reich Defense Council on 7 February 1934 Jodl pointed out that the practical execution of the preparations for mobilization, which had been ordered by the Army and the highest Reich authorities, were making a considerable enlargement of personnel necessary. He suggested, however, that this enlargement of personnel ought not to result in “the disquieting of foreign countries through conspicuous mobilization measures.” (EC-405)

In the presence of Jodl, Generalmajor Keitel pointed out at the eleventh meeting that the mobilization year was to begin on 1 April and to end on 31 March of the following year. A “Mobilization Book for Civilian Agencies” was to be issued for the first time on 1 April 1936. Keitel said that this day, to the extent possible, should find the nation ready and prepared. He declared that, according to the will of the Fuehrer, the economic management of the country should put the enhancement of military capacity deliberately above all other national tasks. It was the function of all members of the Reich Defense Council, he emphasized, to use all available resources economically and to ask for only such funds and raw materials that were absolutely and exclusively needed for the defense of the Reich. Colonel Jodl said that the Mobilization Book for the Civilian Departments constituted the unified basis for the carrying out of mobilization outside of the Army (EC-406).

D. JODL’S PART IN PLANNING AND LAUNCHING WARS OF AGGRESSION.

(See “F,” 1 through 7, in Section 4 of this Chapter on Keitel, where the joint responsibility of Keitel and Jodl for these activities is discussed.)

E. JODL’S PART IN THE CONSPIRACY TO COMMIT WAR CRIMES AND CRIMES AGAINST HUMANITY.

(1) Murder and ill treatment of civilian population in occupied, territories and on the high seas. Jodl ordered the forcible evacuation of all persons in a northern district of Norway, and the burning of all their dwellings. This was to be done so that the inhabitants of that area could not help the Russians (754-PS). Shortly thereafter an evacuation took place in Finnmark County in northern Norway, in the course of which 30,000 houses were damaged. (1800-PS)

Jodl was aware that in 1942 there were continual arrests in Belgrade, and that from fifteen to thirty followers of Mihalovic were shot every day. (1383-PS)

Jodl initialled an order signed for Hitler by Keitel, which provided that enemy civilians guilty of offenses against German troops should be killed without a military trial, and that punishment could be waived in the case of German soldiers who committed offenses against enemy civilians. (886-PS)

Rosenberg was appointed by Hitler on 20 April 1941 “Deputy for a Centralized Treatment of Problems concerning the Eastern Territories.” The highest Reich authorities were to cooperate fully, and Keitel was asked to designate a representative of OKW to sit with Rosenberg. Jodl was appointed as Keitel’s representative with Warlimont as his deputy, and Keitel wrote to Rosenberg on 25 April 1941 that Jodl and Warlimont would be the OKW representatives. (865-PS)

Responsibility for crimes committed under Rosenberg’s authority thus attach to Jodl as well. In this connection reference is made to Section 7 of this chapter on Rosenberg.

(2) Deportation of civilian populations of and in Occupied Territories for slave labor and for other purposes. Jodl knew of the deportation of workers, for he once told Hitler that the military commander of France had reported that over 220,000 workers had been deported into the Reich in the past six months. (1383-PS)

(3) Murder and ill treatment of prisoners of war, and of other members of the Armed Forces of the countries with whom Germany was at war and of persons on the high seas. On 18 October 1942 Hitler ordered that commando troops, even if in uniform, should be killed, not only in battle, but in flight or while attempting to surrender. This order was issued by Jodl’s department. (498-PS)

Three specific instances were mentioned by the G-3 of the C in C, Norway, where captured members of sabotage units were executed after interrogations which resulted in valuable intelligence. These occurred at Gloafjord, Drontheim, and at Stavanger. (512-PS)

On 23 June 1944 C in C West requested instructions re-defining the scope of the commando order. In view of the extensive landings in Normandy, it had become difficult to decide which paratroops should be considered sabotage troops under the terms of the order, and which should be considered as engaged in normal combat operations. The question was answered by an order of 25 June 1944, one copy of which was signed by Keitel, reaffirming the full force of the original order. (531-PS; 551-PS)

When allied fliers were forced to land in Germany, they were sometimes killed by the civilian population. The police had orders not to protect the fliers, nor to punish civilians for lynching them. A proposal was considered to order the shooting without court-martial of enemy airmen who had been forced down after engaging in specified “acts of terror.” It is not certain that the order was ever issued, but it is certain that Keitel and Jodl knew of the lynchings, did nothing to prevent them and in fact considered giving them official justification.

(See also “F” at the end of Section 4 of this Chapter on Keitel, where the joint responsibility of Keitel and Jodl for the lynching of Allied airmen is discussed.)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ALFRED JODL

6. ERNST KALTENBRUNNER

A. KALTENBRUNNER ENTERED THE NATIONAL SOCIALIST MOVEMENT IN ITS EARLY STAGES, AND SUPPORTED IT, AND WAS A LEADER IN IT UNTIL THE END.

Ernst Kaltenbrunner was born on 4 October 1903 at Ried on Inn (near Braunau) Austria. He spent his youth in Hitler’s native district. Later he moved to Linz, where he attended the State Realgymnasium. He studied law and obtained a law degree in 1926. He spent the first year as apprentice lawyer at Linze-on-Danube and then worked as a lawyer-candidate, first at Salzburg and after 1928 at Linz (2938-PS).

Kaltenbrunner joined the Nazi Party and the SS in Austria in 1932. Prior to 1933 he was the District speaker (Gauredner) and legal counsellor (Rechtsberater) of the SS division (Abschnitt) VIII. After 1933 he was the fuehrer of regiment (Standarte) 37 and later of the SS division VIII (2892-PS).

In January 1934 Kaltenbrunner was jailed by the Dollfuss government on account of his Nazi views, and sent with other leading National Socialists into the concentration camp Kaisersteinbruch. He is said to have started and led a hunger strike of the prisoners and thereby to have forced the government to dismiss 490 National Socialist prisoners. In the following year he was jailed again because of suspicion of High Treason and committed to the military court at Wels (Upper Danube). After an investigation of many months the accusation of High Treason was dropped, but he was condemned to six months’ imprisonment for conspiracy. His right to practice law was suspended because of his Nazi activities (2938-PS).

After the Spring of 1935 Kaltenbrunner was the leader of the Austrian SS. In the magazine of the SIPO and SD, issue of 15 May 1943, it is stated:

“It redounds to his credit that in this important position he succeeded through energetic leadership in maintaining the unity of the Austrian SS, which he had built up, in spite of all persecution, and succeeded in committing it successfully at the right moment. After the annexation, in which the SS was a decisive factor, he was appointed State Secretary for Security Matters on 11 March 1938 in the new National-Socialist cabinet of Seyss-Inquart. A few hours later he was able to report to Reichsfuehrer SS Heinrich Himmler, who had landed at Aspern, the Vienna airport, on 12 March 1938, 3 a. m., as the first National Socialist leader, that the Movement had achieved a complete victory and that ‘The SS is in formation and awaiting further orders.’” (2938-PS)

Hitler promoted Kaltenbrunner on the date of the Anschluss to the rank of SS Brigadefuehrer and leader of the SS Oberabschnitt Donau. On 11 September 1938 he was promoted to the rank of SS Gruppenfuehrer. During the liquidation of the Austrian national government and the reorganization of Austria into Alps and Danube Districts, he was appointed Higher SS and Police Leader to the governors of Vienna, Lower Danube, and Upper Danube, in Corps Area (Wehrkreis) XVII, and in April 1941 was promoted to Major General of the Police (2938-PS).

On 30 January 1943 Kaltenbrunner was appointed Chief of the Security Police and SD (RSHA), succeeding Heydrich, who had been assassinated in Prague in June 1942. Kaltenbrunner held this position until the end of the war (2644-PS).

On 4 October 1943 at Pozen, Poland, in a speech delivered to Gruppenfuehrers of the SS, Himmler made special reference to “our comrade Obergruppenfuehrer Kaltenbrunner, who has succeeded our fallen friend Heydrich” (1919-PS).

On 9 December 1944 the decoration known as the Knight’s Cross of the War Merit, Cross with Swords, was given to SS Obergruppenfuehrer and General of the Police Dr. Ernst Kaltenbrunner, Chief of the Security Police and the SD (2770-PS).

In addition he held the Golden insignia of Honor and the Blutorden. He was a member of the Reichstag after the 9th election period 1938 (2892-PS).

Toward the end of the war, Kaltenbrunner’s power increased greatly, especially after the attack on Hitler of 20 July 1944. He gained direct access to Hitler. He was very friendly with Fegelein and his wife, who was the sister of Eva Braun. So powerful had Kaltenbrunner become toward the end that even Himmler feared him. On 13 April 1945 the chief of the German foreign intelligence service, Schellenberg, asked Himmler to receive the representative of the Jewish World Congress, Mr. Storsch, from Stockholm, and Himmler said,

“But how am I going to do that in regard to Kaltenbrunner? I shall then be completely at his mercy!” (2990-PS).

B. DURING KALTENBRUNNER’S TERM IN OFFICE AS CHIEF OF THE SECURITY POLICE AND SD, NUMEROUS AND VAST CRIMES WERE COMMITTED BY THE SIPO AND SD IN THE COURSE OF OFFICIAL DUTIES.

As Chief of the Security Police after 30 January 1943, Kaltenbrunner was the head of the RSHA and the regional offices of the Gestapo, SD, and Kripo. Directly under Kaltenbrunner were the Chiefs of the main offices of the RSHA, including Amt III (the SD), Amt IV (the Gestapo), Amt V (the Kripo), and Amt VI (the SD in foreign intelligence) (L-219).

Kaltenbrunner had direct responsibility over the offices of the RSHA. All important matters had to be referred to him or had to be handled under general or special authority granted by him to office chiefs.

“All decisions of principal character are signed by the Chief of the Security Police personally. An office chief has only the authority to sign ‘acting for’ and a chairman ‘by order of’ if the subjects treated in the respective decrees fit into the general laid-down principles according to the plan of distribution of authority. In case of doubt it was the duty to get the question cleared up by reporting it to the Chief of Security Police and SD.” (L-34)

“To my knowledge no chief of office or any of the officials of the RSHA, authorized to sign, had the right to sign in any principal affairs of particular political significance without consent of the Chief of the Security Police—not even during his temporary absence. From my own experience I can furthermore declare that the chief of Amt IV, Mueller, particularly was very hesitant in signing documents concerning questions of general nature and in some cases of greater importance, and that he put aside events of such nature in most cases for the return of the Chief of the Security Police, whereby often much time was lost.” (L-50).

Schellenberg, the Chief of Amt VI of the RSHA, has stated:

“I know of no limitation placed on Kaltenbrunner’s authority as Chief of the Security Police and SD (RSHA). He promptly entered upon the duties of the office and assumed direct charge of the office and control over the Amts * * * He made it very clear in his official relations with all of us who were his Amt Chiefs that he was the head of the office exercising full executive powers and deciding all matters of policy. He permitted us to issue directives within the organization in our own names pursuant to fixed policies established by him, but all important matters had to be submitted to him whether he signed them or we signed them. He was constantly informed of all matters of importance which went on in the entire organization. (2939-PS)

During Kaltenbrunner’s term in office as Chief of the Security Police and SD, the following crimes were committed by the SIPO and SD pursuant to policy established by the RSHA or orders issued out of the RSHA for all of which he was responsible by virtue of his office.

(1) Mass murders of civilians of occupied countries by Einsatz Groups. A general discussion of this and the following twelve crimes of the Gestapo and SD appears in Section 6 of Chapter XV. That this crime continued after January 1943 is shown by the following documents: 3012-PS; 2752-PS; 2890-PS.

(2) Screenings of prisoner of war camps and executing racial and political undesirables. That this crime continued after January 1943 is shown by the following document: 2622-PS.

(3) The taking of recaptured prisoners of war to concentration camps, where in some cases they were executed. That this crime continued after January 1943 is shown by the following documents: 1650-PS; L-158; 1514-PS.

(4) Establishing concentration camps and committing racial and political undesirables to concentration and annihilation camps for slave labor and mass murder. That this crime continued after January of 1943 is shown by the following documents: D-50; D-46; L-41; 701-PS.

(5) Deportation of citizens of occupied countries for forced labor and disciplining of forced labor. That this crime continued after January 1943 is shown by the following documents: 3012-PS; 1063-B-PS.

(6) The execution of captured commandos and paratroopers and protection of civilians who lynched Allied fliers. That this crime continued after January 1943 is shown by the following documents: 1276-PS; 532-PS; 526-PS; R-110; 745-PS.

(7) The taking of civilians of occupied countries to Germany for secret trial and punishment. That this crime continued after January 1943 is shown by the following document: 835-PS.

(8) Punishment of citizens of occupied territories under special criminal procedure and by summary methods. That this crime continued after January 1943 is shown by the following document: L-5.

(9) The execution and confinement of persons in concentration camps for crimes allegedly committed by their relatives. That this crime continued after January 1943 is shown by the following document: L-37.

(10) Seizure and spoliation of public and private property. That this crime continued after January 1943 is shown by the following documents: 2620-PS; L-18.

(11) Murder of prisoners in SIPO and SD prisons. That this crime continued after January 1943 is shown by the following document: L-53.

(12) Persecution of Jews. That this crime continued after January 1943 is shown by the following documents: L-18; 1061-PS; 2375-PS; 2605-PS.

(13) Persecution of the churches. That this crime continued after January 1943 is shown by the following document: 1815-PS.

C. KALTENBRUNNER HAD DIRECT KNOWLEDGE OF AND RESPONSIBILITY FOR THE COMMISSION OF MANY SPECIFIC CRIMES.

(1) Kaltenbrunner was fully cognizant of conditions in concentration camps and of the fact that concentration camps were used for slave labor and mass murder. Mauthausen concentration camp was established in Austria while Kaltenbrunner was the Higher SS and Police Leader for Austria, and was frequently visited by Kaltenbrunner before he was appointed Chief of the Security Police and SD (L-51). On the occasion of one such visit in 1942, Kaltenbrunner personally observed the gas chamber in operation (2753-PS). After he became Chief of the Security Police and SD, Kaltenbrunner visited Mauthausen concentration camp but with less frequency (L-51). On one occasion he made an inspection of the camp grounds with Himmler and had his photograph taken during the course of the inspection (2641-PS). After a visit to Mauthausen in 1944 Kaltenbrunner reported to his Amt Chiefs with pride that he had helped to build up Mauthausen when he was Higher SS and Police Leader in Austria and that the camp was engaged in valuable armament work (2990-PS). Mauthausen concentration camp was classified by Heydrich in January 1941 in category III, a camp for the most heavily accused prisoners and for asocial prisoners who were considered incapable of being reformed (1063-A-PS).

There were frequent conferences between the RSHA and executives of the SS Wirtschaft and Verwaltungshauptamt who had charge of the internal administration of concentration camps. The affidavit of Rudolf Mildner states with respect to these conferences:

“SS Obergruppenfuehrer Dr. Kaltenbrunner attended personally conferences with SS Obergruppenfuehrer Pohl, Chief of the SS Wirtschaft and Verwaltungshauptamt and Chief of the concentration camps. Due to these conferences and through talks with the Chief of Office Gruppenfuehrer Mueller of Amt IV and Gruppenfuehrer Nebe of Amt V, the Chief of the Security Police and SD, SS Obergruppenfuehrer Dr. Kaltenbrunner, must have known the state of affairs in the concentration camps.” (L-35)

(2) With full knowledge of conditions in and the purpose of concentration camps, Kaltenbrunner ordered or permitted to be ordered in his name the commitment of persons to concentration camps. All orders for protective custody other than short-term confinements were issued in the name of Kaltenbrunner as Chief of the Security Police and SD and bore the facsimile stamp of his signature (2477-PS).

The commandant of Buchenwald concentration camp in his affidavit states:

“With the exception of the mass delivery of prisoners from the concentration camps of occupied territories, all prisoners were sent to the concentration camp Buchenwald on orders of the Reichssicherheitschauptamt, Berlin. These preventive arrest orders (red blanks) were in most cases signed with the name Kaltenbrunner. The few other preventive arrest orders were signed with ‘Foerster.’” (L-38)

On 7 July 1943 an order for protective custody was issued by the Gestapo (Amt IV C 2, RSHA) bearing the facsimile signature of Kaltenbrunner, to be sent in the form of a telegram to the Gestapo office in Koeslin in the case of a woman whose offense was stated to be failure to work, work sabotage, and asocial conduct. She was ordered to be confined in the concentration camp at Ravensbrueck (2745-PS).

On 19 January 1944 a warrant for protective custody was issued by the Gestapo (Amt IV C 2 of the RSHA) certified as signed by Kaltenbrunner, to a British subject, C. S. James, on the grounds that he had been proven guilty of activities to the detriment of the German Reich, and that there was reason to expect that he would, if released, commit acts prejudicial to the Reich (1574-PS).

Other instances of commitments to various concentration camps on orders, signed by Kaltenbrunner, are contained in the dossiers of 25 Luxembourgers committed to concentration camps by the Einsatzkommando of the Sipo and SD in Luxembourg during the year 1944. The concentration camps to which the persons were committed included Dachau, Natzweiler, Sachsenhausen, and Buchenwald. Among the grounds were: “strongly suspected of working to the detriment of the Reich;” “spiteful statements inimical to Germany as well as aspersions and threats against persons active in the National Socialist movement;” “strongly suspected of aiding desertion;” “as relative of a deserter expected to take advantage of every occasion to harm the German Reich.” (L-215).

Further orders for commitments to concentration camps are contained in file of 42 telegrams, all issued by the RSHA, Amt IV A 6, Prague, to the Gestapo Office at Darmstadt, and all signed by Kaltenbrunner, during the period from 20 September 1944 to 2 February 1945. The concentration camps to which people were sent included Sachsenhausen, Ravensbrueck, Buchenwald, Dachau, Bergen-Belsen, Flossenburg, and Theresienstadt. Nationalities included Czech, German, French, Dutch, Italian, Corsican, Lithuanian, Greek, and Jew. Grounds included “refusal to work;” “religious propaganda;” “sex relations with PWs;” “communist statements;” “loafing on job;” “working against the Reich;” “spreading of rumors detrimental to morale;” “Aktion Gitter;” “breach of work contracts;” “statements against Germany;” “assault of foreman;” “defeatist statements;” “theft and escape from jail.” (2239-PS).

(3) Kaltenbrunner authorized executions in concentration camps. Adolf Zutter, the adjutant of Mauthausen concentration camp, avers that, until the assassination of Heydrich, orders for executions at Mauthausen were signed by Heydrich or his substitute, and that after Kaltenbrunner became Chief of the Security Police and SD they were signed either by Kaltenbrunner or by his substitute, Mueller. Zutter mentions a specific instance in which Kaltenbrunner ordered the execution of a group of 12 to 15 uniformed members of an American military mission (L-51).

(4) Kaltenbrunner had knowledge of the commitment of thousands of Warsaw Poles to concentration camps and refused to release them. During the suppression of the Warsaw uprising of 1944, about 50,000 to 60,000 inhabitants of Warsaw were sent to concentration camps. As a result of entreaties by Hans Frank to Himmler the deportation was stopped. Frank and Buehler, his State Secretary, requested Kaltenbrunner to release the persons who had been committed. Kaltenbrunner refused to release them on the grounds they were employed in making secret weapons for the Reich and declared that the number transported into concentration camps in the Reich was small. Buehler verified the fact that the number of persons so placed in concentration camps for forced labor was 50,000 to 69,999 (2476-PS).

(5) Kaltenbrunner controlled the deportation of Poles, Jews, and other non-Germans from Poland. Otto Hofmann, former Chief of the SS Main Office for Race and Settlement Matters, stated:

“The execution of all so-called resettlement actions, that is, the sending away of Polish, Jewish, and people of non-German blood, inhabitants of a territory in Poland destined for Germanization was in the hands of the Chief of the RSHA, Heydrich, and, since the end of 1942, Kaltenbrunner.” (L-49).

(6) Kaltenbrunner ordered the deportation of Jews from Denmark. In September 1943 Himmler ordered the Danish Jews arrested and shipped to Stettin and from there to Theresienstadt concentration camp. Mildner, the Chief of the Sipo and SD, telegraphed the RSHA to request that the Jewish persecutions be stopped. In reply he received an order from Himmler through Kaltenbrunner to carry out the anti-Jewish action. Shortly thereafter Mildner flew to Berlin to speak to Kaltenbrunner personally about the matter. In Kaltenbrunner’s absence he spoke to Mueller. After his return to Copenhagen, Mildner received a direct order from Himmler through Kaltenbrunner to carry out the anti-Jewish actions immediately (2375-PS).

(7) Kaltenbrunner personally exercised punitive authority over foreign workers. By order of Kaltenbrunner Labor Reformatory Camps were established under the exclusive jurisdiction of the Security Police (1063-B-PS).

In addition to sending workers to Labor Reformatory Camps, Kaltenbrunner, through orders for protective custody signed by him or by facsimile of his signature, committed workers to concentration camps. On 9 February 1945 a French citizen was sent to Buchenwald by order of Kaltenbrunner for shirking work and insubordinate behavior. On 18 June 1943 a Pole was sent to Natzweiler “to be used as a skilled worker” by order of Kaltenbrunner. On 2 December 1944 a citizen of the Netherlands was taken into protective custody “for work sabotage” by order of Kaltenbrunner. On 2 December 1944 a French citizen was taken into protective custody for “work sabotage and insubmissive” (2582-PS; 2580-PS).

(8) Kaltenbrunner personally attended to matters against Jews and political and concentration camp internees in the Protectorate. A memorandum found among Kaltenbrunner’s personal effects states in part:

“Radio message to Gruppenfuehrer Fegelein Hq. of the Fuehrer through Sturmbannfuehrer Sansoni, Berlin.

“Please report to RF SS and to the Fuehrer that all arrangements against Jews, political and concentration camp internees in the Protectorate have been taken care of by me personally today” (2519-PS).

(9) Kaltenbrunner personally ordered the Sipo and SD to encourage the populace to lynch American and English flyers. In 1944 at a conference of Amt Chiefs Kaltenbrunner said:

“All offices of the SD and the security police are to be informed that pogroms of the populace against English and American terror-fliers were not to be interfered with; on the contrary, this hostile mood is to be fostered” (2990-PS).

(10) Kaltenbrunner personally worked out the form of justification to be submitted to cover up the execution of prisoners of war. In connection with the shooting of some 50 recaptured prisoners of war who had escaped from a prisoner of war camp near Breslau, Kaltenbrunner worked out with Mueller and Nebe the false reasons which were to be given to the Red Cross, that is, that they had been killed by bomb attacks, or shot while escaping or resisting arrest (2990-PS).

D. CONCLUSION.

Kaltenbrunner was a life-long fanatical Nazi. He was the leader of the SS in Austria prior to the Anschluss and played a leading role in the betrayal of his native country to the Nazi conspirators. As Higher SS and Police Leader in Austria after the Anschluss he supervised and had knowledge of the activities of the Gestapo and the SD in Austria. He had much to do with developing Mauthausen concentration camp and visited it frequently. On at least one occasion he observed the gas chamber in action. With this knowledge and background he accepted in January 1943 appointment as chief of the very agencies which sent such victims to their deaths. He held that office to the end, rising to high prominence in the conspiracy, receiving honors from Hitler and gaining Hitler’s personal confidence.

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LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ERNST KALTENBRUNNER

7. ALFRED ROSENBERG

A. THE POLITICAL CAREER OF ROSENBERG.

The political career of Alfred Rosenberg embraced the entire history of National Socialism and permeated nearly every phase of the conspiracy. In order to obtain a full conception of his influence upon and participation in the conspiracy, it is necessary to review his political history and to consider each of his political activities in their relation to the thread of the conspiracy, which stretches from the inception of the party in 1919 to the defeat of Germany in 1945.

It is interesting to note that for Rosenberg the 30th of November 1918 marked the

“Beginning of political activities with a lecture about the ‘Jewish Problem’”. (2886-PS)

An official German pamphlet entitled, “Dates in the History of the NSDAP”, discloses that Rosenberg was a member of the German Labor Party (afterwards the National Socialist German Workers Party) in January 1919, and that Hitler joined forces with Rosenberg and his colleagues in October of the same year (3557-PS). Thus, Rosenberg was a member of the National Socialist movement even before Hitler himself.

An extract from “Das Deutsche Fuehrer Lexikon”, 1934/35 (3530-PS) completes the biographical data on Rosenberg:

“From 1921 until the present, editor of the Voelkischer Beobachter; editor of the ‘N.S. Monatshefte’; 1930, Reichstag deputy and representative of the foreign policy of the movement; since April 1933, leader of the foreign political office of the NSDAP; then designated as Reichsleiter; January 1934, deputized by the Fuehrer for the spiritual and philosophical education of the NSDAP, the German labor front and all related organizations” (3530-PS).

In July 1941 Rosenberg was appointed Reichsminister for the Occupied Eastern Territories. (2886-PS)

B. ROSENBERG’S PART, AS OFFICIAL NAZI IDEOLOGIST, IN PREPARING FOR THE SEIZURE OF POWER AND THE LAUNCHING OF AGGRESSIVE WAR.

Rosenberg was the official National Socialist ideologist. Through the ideological tenets which he expounded he exerted an influence upon the unification of German thought, a unification which was an essential part of the conspirator’s program for seizure of power and preparation for aggressive war.

Rosenberg wrote extensively on, and actively participated in, virtually every aspect of the National Socialist program. His first publication was the “Nature, Basic Principles, and Aims of the NSDAP”, which appeared in 1922. Rosenberg spoke of this book in the following terms:

“During this time (that is, during the early phase of the party) a short thesis was written, which nevertheless is significant in the history of the NSDAP. It was always being asked what points of program the NSDAP had and how they each were to be interpreted. Therefore, I wrote the principal program and aims of the NSDAP, and this writing made the first permanent connection between Munich and local organizations being organized and friends within the Reich.” (3054-PS)

Thus, the original draftsman of and spokesman for the party program was Rosenberg.

Without attempting to survey the entire ideological program advanced by Rosenberg in his various writings and speeches, certain of his statements may be considered as indicating the nature and scope of the ideological program which he championed. There was not a single basic tenet of the Nazi philosophy which was not given authoritative expression by Rosenberg.

(1) The theory of racism. Rosenberg wrote the “Myth of the Twentieth Century”, published in 1930. At page 479 of this work (3553-PS), Rosenberg expressed the following views on the race question:

“The essence of the contemporary world revolution lies in the awakening of the racial types, not in Europe alone but on the whole planet. This awakening is the organic counter movement against the last chaotic remnants of liberal economic imperialism, whose object of exploitation out of desperation has fallen into the snare of Bolshevik Marxism, in order to complete what democracy had begun, the extirpation of the racial and national consciousness.” (3553-PS)

(2) “Lebensraum.” Rosenberg expounded the “Lebensraum” idea, which was utilized as the dynamic impulse behind Germany’s waging of aggressive war. In his journal, the “National Socialist Monatshefte” for May 1932, he wrote:

“The understanding that the German nation, if it is not to perish in the truest sense of the word, needs ground and soil for itself and its future generations, and the second sober perception that this soil can no more be conquered in Africa, but in Europe and first of all in the East—these organically determine the German foreign policy for centuries.” (2777-PS)

(3) Persecution of Christian Churches. Rosenberg expressed his theory as to the place of religion in the National Socialist State in the “Myth of the Twentieth Century”, additional excerpts from which are cited in (2891-PS):

“We now realize that the central supreme values of the Roman and the Protestant Churches, being a negative Christianity, do not respond to our soul, that they hinder the organic powers of the peoples determined by their Nordic race, that they must give way to them, that they will have to be remodeled to conform to a Germanic Christendom. Therein lies the meaning of the present religious search.” (2891-PS)

In the place of traditional Christianity, Rosenberg sought to implant the neo-pagan myth of the blood. At page 114 in the “Myth of the Twentieth Century” (2891-PS) he stated:

“Today, a new faith is awakening—the Myth of the Blood, the belief that the divine being of mankind generally is to be defended with the blood. The faith embodied by the fullest realization, that the Nordic blood constitutes that mystery which has supplanted and overwhelmed the old sacraments.”

Rosenberg’s attitudes on religion were accepted as the only philosophy compatible with National Socialism. In 1940 Bormann, in writing to Rosenberg, made this statement:

“The churches cannot be conquered by a compromise between National Socialism and Christian teachings, but only through a new ideology whose coming you yourself have announced in your writings.” (098-PS)

Rosenberg actively participated in the program for elimination of church influence. Bormann frequently wrote Rosenberg in this regard, furnishing him information as to proposed action to be instituted against the churches and, where necessary, requesting that action be taken by Rosenberg’s department. See 070-PS dealing with the abolition of religious services in the schools; 072-PS dealing with the confiscation of religious property; 064-PS dealing with the inadequacy of anti-religious material circulated to the soldiers; 089-PS dealing with the curtailment of the publication of Protestant periodicals; and 122-PS dealing with the closing of theological faculties.

(4) Persecution of the Jews. Rosenberg was particularly zealous in his pursuit of the “Jewish Question”. On 28 March 1941, on the occasion of the opening of the Institute for the Exploration of the Jewish Question, he set the keynote for its activities and indicated the direction which the exploration was to take. He spoke in part as follows:

“For Germany the Jewish Question is only then solved when the Last Jew has left the Greater German space.

“Since Germany with its blood and its nationalism has now broken for always this Jewish dictatorship for all Europe and has seen to it that Europe as a whole will become free from the Jewish parasitism once more, we may, I believe, also say for all Europeans: For Europe the Jewish question is only then solved when the last Jew has left the European continent.” (2889-PS)

Rosenberg had called an Anti-Jewish Congress in June 1944, but the Congress was cancelled due to military events. (1752-PS)

Rosenberg did not overlook any opportunity to put these anti-Semitic beliefs into practice. He recommended for instance that instead of executing 100 Frenchmen as retaliation for attempts on lives of members of the Wehrmacht, there be executed 100 Jewish bankers, lawyers, etc. (001-PS). The recommendation was made with the avowed purpose of awakening the anti-Jewish sentiment.

(5) Abolition of Versailles Treaty. In the realm of foreign policy, in addition to demanding “Lebensraum,” Rosenberg called for elimination of the Treaty of Versailles, and cast aside any thought of revision of that treaty. In his book, “Nature, Principles and Aims of the NSDAP”, Rosenberg wrote:

“The National Socialists reject the popular phrase of the ‘Revision of the Peace of Versailles’ as such a revision might perhaps bring a few numerical reductions in the so-called ‘obligations,’ but the entire German people would still be, just as before, the slave of other nations.”

* * * * * *

“‘We demand equality for the German people with other nations, the cancellation of the peace treaties of Versailles and St. Germain.’” (2433-PS)

(6) Foreign Nazi Penetration. Rosenberg conceived of the spread of National Socialism throughout the world and, as will be subsequently shown, took an active part in promoting the infection of other nations with his creed. In the “Nature, Principles and Aims of the NSDAP”, he stated:

“But National Socialism still believes that its principles and ideology though in individually different suitable ways of fight according to racial-national conditions—will be directives far beyond the borders of Germany for the inevitable fights for power in other countries of Europe and America. There too a decision of ideas must take place, and the racial-nationalistic fight against the ever similar loan-capitalistic and Marxist internationalism must be taken up. National Socialism believes that once the great world battle is concluded, after the defeat of the present epoch, there will be a time when the swastika will be woven into the different banners of the Germanic peoples as the Aryan symbol of rejuvenation.” (2433-PS)

Thus, Rosenberg gave authoritative expression to the basic tenets upon which National Socialism was founded, and through the exploitation of which the conspiracy was crystallized in action.

(7) Ideological training and education. Rosenberg’s value to the conspiratorial program found official recognition in his appointment in 1934 as the Fuehrer’s Delegate for the Entire Spiritual and Philosophical Education and Supervision of the NSDAP. His activities in this capacity were many and varied. The National Socialist Year Book for the year 1938, at page 180, describes as follows the functions of Rosenberg’s office as the Fuehrer’s delegate:

“The sphere of activity of the Fuehrer’s Commissioner for all spiritual and ideological instruction and education of the movement, its organization, including the ‘Strength through Joy’, extends to the detailed execution of all the educational work of the Party and of the affiliated bodies. The office, set up by Reichsleiter Rosenberg, has the task of preparing the ideological educational material, of carrying out the teaching programme, and is responsible for the education of those teachers suited to this educational and instructional work.” (3531-PS)

As the Fuehrer’s delegate, Rosenberg thus supervised all ideological education and training in the Party.

It was Rosenberg’s belief that upon the performance of his new functions as ideological delegate depended the future of National Socialism. An excerpt from an article by Rosenberg appearing on page 9 of the March 1934 issue of “The Educational Letter” states:

“The focus of all our educational work from now on is the service for this ideology, and it depends on the result of these efforts, whether National Socialism will be buried with our fighting ancestors or whether, as we believe, it really represents the beginning of a new era.” (3532-PS)

In his capacity as the Fuehrer’s Delegate for Spiritual and Ideological Training, Rosenberg assisted in the preparation of the curriculum for the Adolf Hitler schools. These schools selected the most suitable candidates from the Hitler Jugend and trained them for leadership within the Party. They were the elite schools of National Socialism. An excerpt from “Documents of German Politics” reads as follows:

“Voelkischer Beobachter, 19 January 1937.—‘As stated by Dr. Ley, Reichsorganisationsleiter, on 23 November 1937 at Ordensburg Sonthofen, these Adolf Hitler Schools, as the first step of the principle of selecting a special elite, form an important branch in the educational system of the National Socialist training of future leaders [Fuehrernachwuchs]’

“Voelkischer Beobachter dated 24 November 1937.—* * * The curriculum has been laid down by Reichsleiter Rosenberg, together with the Reichsorganisationsleiter and the Reich Youth Leader.” (3529-PS)

Rosenberg exercised further influence in the education of Party members through the establishment of community schools for all organizations of the Party. The following statement is taken from the 1934 edition of “Das Dritte Reich”:

“We support the request of the Fuehrer’s Commissioner for the supervision of the whole spiritual and ideological training and instruction of the NSDAP, Party member Alfred Rosenberg, to organize community schools of all organizations of the NSDAP twice a year, in order to show by this common effort the ideological and political unity of the NSDAP and the steadfastness of the National Socialist will.” (3528-PS)

Rosenberg’s program was endorsed by Schirach as well as by Himmler, Ley, and others.

Virtually every phase of National Socialist training came under Rosenberg’s influence, and unified ideological concepts were inculcated in every echelon of the party due to his influence. The 1936 edition of “Das Dritte Reich”, under the heading “Education in the Ordensburg” states:

“Those Party members, selected for training in leadership in accordance with such points of view (who must have completed their labor service and their military service satisfactorily) are to be taught in the Ordensburgen by the best teachers in history and science of race, philosophy and culture, economics and specialized training, etc. To determine the ideological direction of this education, to choose suitable teachers and to train them, is one of the tasks of the Senior School of the Party [Hohe Schule der Partei] which is to be established in the near future and will be placed under the direction of the Reich Leader Party member Alfred Rosenberg in his capacity as Delegate of the Fuehrer for the Supervision of the Entire Spiritual and Ideological Teaching and Education of the NSDAP.” (3552-PS)

(8) Plunder of art treasures. In his capacity as the Fuehrer’s delegate, Rosenberg established the Institute for the Exploration of the Jewish Question, in Frankfort on Main. (This institute, commonly known as the “Hohe Schule”, has been referred to in the discussion of the Plunder of Art Treasures in Chapter XIV.) Into its library there flowed books, documents, and manuscripts which were looted from virtually every country of occupied Europe. As Ideological Delegate Rosenberg conducted the fabulous art looting activities of the Einsatzstab Rosenberg, activities which extended to France, Belgium, the Netherlands, Luxembourg, Norway, Denmark, the Occupied Eastern Territories, Hungary, and Greece. The extent of the plunder is indicated in document 1015-B-PS which contains a detailed account of the seizure of over 21,000 valuable objects of art, and in document L-188 in which the looting of the contents of over 71,000 Jewish homes is described.

The importance of Rosenberg’s activities as official ideologist of the Nazi party was not overlooked. The Hart biography of Rosenberg, entitled, “The Man and His Work” (3559-PS), states that Rosenberg won the German National prize in 1937. The creation of this prize was the Nazis’ petulant reply to the award of the Nobel prize to Carlin Assietsky, an inmate of a German concentration camp. The citation which accompanied the award to Rosenberg read as follows:

“Alfred Rosenberg has helped with his publications to lay the scientific and intuitive foundation and to strengthen the philosophy of the National Socialist in the most excellent way. His indefatigable struggle to keep National Socialist philosophy clean was especially meritorious. Only future times will be able to fully estimate the depth of the influence of this man on the philosophical foundation of the National Socialist Reich. The National Socialist movement, and beyond that, the entire German people, will be deeply gratified that the Fuehrer has distinguished Alfred Rosenberg as one of his oldest and most faithful fighting comrades by awarding him the German National Prize.” (3559-PS)

The contribution which Rosenberg’s book, “The Myth of the Twentieth Century,” made to Nazi ideological propaganda was appraised in the November 1942 edition of the official National Socialist book review publication, “Bucher Kunde”, as follows:

“Next to the Fuehrer’s book it has contributed to a unique extent to the rise and the spiritual and physical development of this people. Twelve years after Alfred Rosenberg’s ‘Mythus’ first appeared, a million copies of the book have been published and circulated.”

* * * * * *

“It must therefore be stated that the phrases coined by Alfred Rosenberg have passed into the consciousness of the whole people, and it is just today that they are proving pillars of an ideological building whose completion is the purpose of the fight being waged not least today.” (3554-PS)

The significance of ideological training in promoting the aims of the conspiracy is emphasized in a brief statement which Hitler made to his supreme commanders on 23 November 1939. On that occasion, Hitler said:

“The building up of our armed forces was only possible in connection with the ideological education of the German people by the Party.” (789-PS)

The contribution which Rosenberg made through formulation and dissemination of National Socialist ideology was fundamental to the conspiracy. As apostle of neo-paganism, exponent of the drive for “Lebensraum,” glorifier of the myth of nordic superiority, and as one of the oldest and most energetic Nazi proponents of anti-Semitism, he contributed materially to unification of the German people behind the swastika. He provided the impetus and philosophy of National Socialism.

C. ROSENBERG’S ACTIVITIES ABROAD, THROUGH THE APA, IN PREPARATION FOR AGGRESSIVE WAR.

Rosenberg also actively contributed toward the preparation for aggressive war through the international activities of the APA (The Foreign Policy Office of the NSDAP). Rosenberg became a Reichsleiter, the highest level of rank in the Leadership Corps, and was made chief of the Foreign Political Office of the NSDAP in April 1933 (3530-PS). The Organizational Manual of the NSDAP (2319-PS) describes the functions of the APA as including the influencing of public opinion abroad so as to convince foreign nations that Nazi Germany desires peace. The following excerpt indicates the far-flung activities of the APA:

“* * * II. 1. The APA is divided into three main offices:

“A. Office for Foreign Referats with the Main Offices.

a. England and Far East b. Near East c. South East d. North e. Old Orient f. Controls, personnel questions, etc.

“B. Office of the German Academic Exchange Service.

“C. Office of Foreign Commerce.

“2. Moreover, there is in the APA a main office for the press service and an educational office.” (2319-PS)

The Press activities of the APA, designed to influence world opinion in such a manner as to conceal the conspirators’ true purposes and thus facilitate the preparation for waging aggressive war, were conducted on an ambitious scale. “A Short Report on the Activities of the APA of the NSDAP” describes the press activities as follows:

“* * * The Press: The Press Division of the APA is comprised of persons who together master all the languages that are in use. Daily they examine approximately 300 newspapers and deliver to the Fuehrer, the deputy Fuehrer, and all other interested offices the condensations of the important trends of the entire world press. I know that these press reports are highly praised by all who constantly follow them. The Press Division furthermore conducts an exact archives on the attitudes of the most important papers of the world and an exact archives on the most important journalists of the world. Many embarrassments during conferences in Germany could have been avoided had one consulted these archives (case of Leumas, Nurnberg, 1934; case of Dorothy Thompson; and others). Further, the Press Division was able to arrange a host of interviews as well as conducting a great number of friendly foreign journalists to the various official representatives of Germany.” (003-PS)

The nature and extent of the activities of the APA are amply disclosed in a “Report on the Activities of the Foreign Affairs Bureau of the Party from 1933 to 1943,” signed by Rosenberg (007-PS). This report contains a recital of widespread activities in foreign countries. These activities range from the promotion of economic penetration, to fomentation of anti-Semitism; from cultural and political infiltration to the instigation of treason. Activities were carried on throughout the world and extended to such widely separated points as the Middle East and Brazil. (007-PS)

(1) Activities in Hungary, Belgium, Holland, and Luxembourg. Much of the APA’s achievements were brought about through the subtle exploitation of personal relationship. Activities in Hungary proceeded as follows:

“* * * The first foreign state visit after the seizure of power took place through the mediation of the Foreign Affairs Bureau. Julius Gombos, who in former years had himself pursued anti-Semitic and racial tendencies, had reached the Hungarian Premier’s chair. The Bureau maintained a personal connection with him.” (007-PS)

The APA endeavored to strengthen the War Economy by shifting the source of food imports to the Balkans:

“Motivated by reasons of War Economy, the Bureau advocated the transfer of raw material purchases from overseas to the areas accessible by overland traffic routes, i.e., primarily in the Balkans, naturally insofar as practicable. At first little heed was paid to the Bureau in these endeavors, but it later secured the active support especially of the Food Estate [Naeurstand]. Through its cooperation, e.g., on the subject of fruit and vegetable imports, a very substantial shift in the source of imports was attained, particularly through the currently initiated cooperation with Croatian and Hungarian cooperatives as well as with commercial associations all over the Balkans.” (007-PS)

Activities in Belgium, Holland, and Luxembourg were confined to “observation of existing conditions” and “to the establishment of relations, especially of a commercial nature.” (007-PS)

(2) Activities in Iran, Afghanistan, and Iraq. In Iran the APA achieved a high degree of economic penetration, in addition to promoting cultural relations:

“The Bureau’s initiative in developing, with the help of commercial circles, entirely new methods for the economic penetration of Iran found expression, in an extraordinarily favorable way, in reciprocal trade relations.

“Naturally in Germany, too, this initiative at first encountered a completely negative attitude and resistance on the part of the competent state authorities, an attitude that had first to be overcome.

“In the course of a few years the volume of trade with Iran was multiplied five-fold, and in 1939 Iran’s trade turnover with Germany had attained first place. Even Soviet Russia, the competitor who had been biggest and most dreaded previously, had been eliminated from the running. Concurrently with activation of commercial relations, the Bureau had also intensified cultural relations and had, in conjunction with growing commercial influence and in closest collaboration with the Iranian Government, created a series of cultural institutions headed and directed by Germans.” (007-PS)

Rosenberg further reports on APA activities in other parts of the world:

“Afghanistan’s neutral position today is largely due to the Bureau’s activity.”

* * * * * *

“The Arab question, too, became part of the work of the Bureau. In spite of England’s tutelage of Iraq the Bureau established a series of connections to a number of leading personalities of the Arab world, smoothing the way for strong bonds to Germany. In this connection, the growing influence of the Reich in Iran and Afghanistan did not fail to have repercussions in Arabia.” (007-PS)

In view of the numerous “personal connections” maintained by the Bureau in many different countries, it is not difficult to surmise what Rosenberg meant when he stated at the conclusion of his report:

“The Bureau has carried out the initiating of all politically feasible projects. With the outbreak of war it [the APA] was entitled to consider its task as terminated. The exploitation of the many personal connections in many lands can be resumed under a different guise.

“(Signed) Rosenberg” (007-PS)

(3) Activities in Rumania. Annex Two of the report deals with activities in Rumania. Here the APA’s intrigue was more insidious, its interference in the internal affairs of a foreign nation more pronounced. After describing the failure of what Rosenberg terms a “basically sound anti-Semitic tendency”, due to dynastic squabbles and party fights, Rosenberg describes the APA’s influence in the unification of conflicting elements:

“What was lacking was the guiding leadership of a political personality. After manifold groping trials the Bureau believed to have found such a personality—the former Minister and poet, Octavian Goga. It was not difficult to convince this poet, pervaded by instinctive inspiration, that a Greater Rumania, though it had to be created in opposition to Vienna, could be maintained only together with Berlin. Nor was it difficult to create in him the desire to link the fate of Rumania with the future of the National-Socialist German Reich in good time. By bringing continuing influence to bear, the Bureau succeeded in inducing Octavian Goga as well as Professor Cuza to amalgamate the parties under their leadership on an Anti-Semitic basis. Thus they could carry on with united strength the struggle for Rumania’s renascence internally, and her Anschluss with Germany externally. Through the Bureau’s initiative both parties, which had heretofore been known by distinct names, were merged as the National-Christian Party, under Goga’s leadership and with Cuza as Honorary President.” (007-PS, Annex II)

Rosenberg’s man, Goga, was supported by two “splinter parties” which had not joined the anti-Semitic trend of these two parties. Rosenberg has this to say:

“Through intermediaries, the Bureau maintained constant contact with both tendencies, just as it constantly consulted with Goga, through Staff Director [Stabsleiter] Schickendanz, about tactics to be followed.” (007-PS, Annex II)

Goga was appointed Prime Minister by the King in December 1937. The influence of Rosenberg’s ideology had achieved a major triumph, for he states:

“Thus a second government on racial and anti-Semitic foundations had appeared in Europe, in a country in which such an event had been considered completely impossible.” (007-PS, Annex II)

Rosenberg’s intrigues made a significant contribution to Nazi preparations for aggressive war, and the benefit to Germany’s position in the Balkans was great. Rosenberg reports that upon Goga’s resignation he left a personal heir in Marshal Antonescu, who was appointed by Goga as Minister of War against the wishes of the King. Of Antonescu Rosenberg says:

“After Goga’s resignation, Antonescu still remained in the king’s cabinet at Goga’s wish. He also maintained continued relations with the Iron Guard. Thereby the possibility of eliminating the king was at hand—and was exploited. Antonescu today appears in practice as executor of the heritage bequested to him by Goga, who had led him from political insignificance into the political arena. Thereby a change to Germany’s liking had become possible in Rumania.

“(Signed) Rosenberg.” (007-PS)

It will be recalled that on 5 September 1940 Antonescu became President of the Rumanian Council of Ministers and immediately suspended the Rumanian constitution. King Carol abdicated on the following day, and Rumania existed as a German satellite throughout the war. Rosenberg’s aims had been achieved.

The substantial contribution which Rosenberg had thus made to Germany’s strategic plans for aggressive war is evident from a brief review of the military action which followed in the wake of his political maneuvers. Shortly after King Carol’s abdication Antonescu “invited” German troops to “protect” the Rumanian oil fields. When Hungary subscribed to the Axis pact a few weeks later, Germany acquired a continuous land bridge to the Black Sea, through Austria, Hungary, and Rumania. When Bulgaria subscribed to the Pact in March 1941, a German thrust southward through Yugoslavia and Greece became feasible, for with Hungary, Rumania, and Bulgaria secure, the entire German eastern flank was safe from attack. A month later, Yugoslavia and Greece were invaded. Only when they were overcome was Germany free to attack the Soviet Union. Seven weeks after the fall of Crete, Germany launched her war on the U.S.S.R. Thus, Rosenberg’s intrigue in Rumania provided a vital link in the chain of the German strategy of aggression.

(4) Relations with Quisling in Norway. Rosenberg also played a leading role in the development of fifth-column activities in Norway. He fostered the development of close relations between Germany and Quisling, procured financial backing for Quisling’s activities, and brought him into contact with Raeder and Hitler. Rosenberg kept the Reich informed as to internal developments in Norway through his contacts with Hagelin, Quisling’s deputy, and took an active part in the development of plans for a Quisling coup in Norway. The record is clear that Rosenberg provided the inspiration and the means for the betrayal of Norway by Quisling and Hagelin—treason for which the Norwegian Government has tried, condemned, and executed them. (007-PS; C-64; C-65; C-66; 004-PS; 957-PS)

D. ROSENBERG’S PARTICIPATION IN THE CONSPIRACY TO COMMIT WAR CRIMES AND CRIMES AGAINST HUMANITY IN THE OCCUPIED EASTERN TERRITORIES.

Rosenberg participated in the conspiracy to commit war crimes and crimes against humanity in the areas of the Occupied East which he administered for over three years. This area included the Baltic States, White Ruthenia and the Ukraine, and the Eastern portion of Poland.

(The mass murder and mistreatment of the Eastern peoples, and the spoliation of their territories is discussed in Chapter X on Forced Labor, Chapter XIII on Germanization and Spoliation, Chapter XI on Concentration Camps, Chapter XII on Persecution of the Jews, Section 5 of Chapter XV on the SS, and Section 6 of Chapter XV on the Gestapo and SD.) Rosenberg bears personal responsibility for these crimes.

Rosenberg may contend that some of these crimes were committed against his wishes. There is, indeed, some evidence that he protested on occasion, not out of humanitarian reasons, but on the ground of political expediency. Rosenberg may also attempt to place the blame for these crimes on other agencies and other defendants. The documents prove, however, that he himself formulated the harsh policies in the execution of which the crimes were committed; that the crimes were committed for the most part by persons and agencies within his jurisdiction and control; that the other agencies which participated in the commission of these crimes were invited by him to cooperate in the administration of the East, although the brutal methods customarily employed by them were common knowledge; and that his Ministry lent full cooperation to their activities despite the criminal methods that were employed.

(1). Activities as “Commissioner for the Central Control of Questions Connected with the East European Region.” Rosenberg was actively participating in the affairs of the East as early as 20 April 1941, two months prior to the German attack upon the Soviet Union. On that date he was designated by Hitler as “Commissioner for the Central Control of Questions connected with the East European Region” (865-PS). The initial preparations undertaken by Rosenberg for fulfillment of his new task indicate the extent to which he cooperated in promoting the military plans for aggression. They also show that he understood his task as requiring the assistance of a multitude of Reich agencies and that he invited their cooperation.

Shortly after his appointment by Hitler, Rosenberg conducted a series of conferences with representatives of various Reich agencies (1039-PS). Cooperation of the following agencies in the administration of the Eastern Territories was contemplated and solicited by Rosenberg:

OKW OKH OKM Ministry of Economy Commissioner for the Four Year Plan Ministry of the Interior Reich Youth Leadership German Labor Front Ministry of Labor The SS and the SA—(as well as several others). (1039-PS)

These arrangements, it should be noted, were made by Rosenberg in his capacity as Commissioner on Eastern Questions—before the attack on the Soviet Union, before Rosenberg was appointed Minister of the Occupied East, and before there was any Occupied Eastern Territory for Germany to administer.

(a) “Solution” of the Jewish Problem. Emphasis must be placed on Rosenberg’s basic attitudes regarding his new task, and the directives he knew he would be expected to follow. On 29 April 1941 he stated:

“A general treatment is required for the Jewish problem for which a temporary solution will have to be determined (forced labor for the Jews, creation of Ghettos, etc.)” (1024-PS)

On 8 May 1941, instructions were prepared for all Reich Commissars in the Occupied Eastern Territories (1030-PS). The last paragraph of these instructions reads as follows:

“From the point of view of cultural policy, the German Reich is in a position to promote and direct national culture and science in many fields. It will be necessary that in some territories an uprooting and resettlement of various racial stocks [Voelkerschaften] will have to be effected.” (1030-PS)

In his “Instructions for a Reich Commissar in the Baltic Countries and White Russia” (officially referred to together as the “Ostland”), Rosenberg directs that the Ostland be transformed into a part of the Greater German Reich by Germanizing racially possible elements, colonizing Germanic races, and banishing undesirable elements. (1029-PS)

In a speech delivered by Rosenberg on 20 June 1941 he stated that the job of feeding Germans was the top of Germany’s claim on the East; that there was no obligation to feed also the Russian peoples; that this was a harsh necessity bare of any feeling; that a very extensive evacuation would be necessary; and that the future would hold many hard years in store for the Russians. (1058-PS).

On 22 June 1941 the German armies invaded the U.S.S.R.

(b) Deportation of Prisoners of War for Labor in the Reich. On 4 July 1941 a representative of the Rosenberg Bureau attended a conference on the subject of mobilization of labor and utilization of Soviet prisoners of war. A memorandum of this conference (1199-PS) states that among the participants were representatives of the Commissioner for the Four-Year Plan, of the Reich Labor Ministry, of the Reich Food Ministry, and of the Rosenberg Bureau. The conference proceeded as follows:

“After an introduction by Lt. Col. Dr. Krull, Lt. Col. Breyer of the P.W. department explained that actually there was in effect a prohibition by the Fuehrer against bringing Russian P.W.’s into the Reich for mobilization of labor [Arbeitseinsatz]; but that one might count on this prohibition being relaxed a little.”

* * * * * *

“The chairman summarized the results of the discussion as indicating that all the interested bureaus unqualifiedly advocated and supported the demand for utilization of P.W.’s because of manpower needs [Arbeitseinsatz] in the Reich. The War Economy and Armament office will approach the Commissioner for the Four-Year Plan with a request for relaxation of the restrictive regulations and express to the Chief of Operational Staff of the Armed Forces its point of view, accordingly.” (1199-PS)

(c) Germanization. On 16 July 1941, the day before Rosenberg’s appointment as Minister of the Occupied East, he attended a conference at the Fuehrer’s Headquarters. At that time Hitler stated that

“The Crimea has to be evacuated by all foreigners and to be settled by Germans alone.” (L-221)

Hitler further stated that Germany’s objectives in the East were three-fold, first, to dominate it; second, to administer it; third, to exploit it. (L-221)

Thus, the character of the administration contemplated for the Occupied East was well established before Rosenberg took office as Minister of the Occupied East. He knew of these plans and was in accord with them. Persecution of the Jews, forced labor of prisoners of war, Germanization and exploitation were basic points of policy at the time he assumed office.

(2) Activities as Minister for the Occupied Eastern Territories. On 17 July 1941 Hitler appointed Rosenberg as Reichsminister for the Occupied Eastern Territories, territories which included nearly all the area seized by Germany from the U. S. S. R. (1997-PS)

(a) Rosenberg’s complete control over, knowledge of, and responsibility for all non-military German activities and policies in the occupied Eastern Territories. The organizational structure and chain of responsibility within the Ministry for the Occupied East emphasizes Rosenberg’s responsibility.

A treatise entitled “The Organization of the Administration of the Occupied Eastern Territories” (1056-PS) is undated and unsigned, but further information regarding it may be obtained by reference to document EC-347, Goering’s “Green Folder.” Part II, subsection of EC-347 is entitled,

“Excerpts from the Directives of the Reich Minister for the Occupied Eastern Territories for the Civilian Administration. (Brown Folder, Pt. I, pp. 25-30).” (EC-347)

The two paragraphs which follow are identical to two paragraphs found in document 1056-PS. Thus, 1056-PS is identified as being a reproduction of Part I of the Brown Folder which was mentioned in the “Green Folder,” and was issued by the Reich Minister for the Occupied Eastern Territories.

The directives issued by the Rosenberg Ministry itself (1056-PS) prove the extent of Rosenberg’s authority: he was the Supreme civilian authority in the Eastern Territories. There was a continuous chain of command from Rosenberg down to regional administrative officials, extending even to the local prison warden (1056-PS). The relationship which existed between the Rosenberg Ministry and other German agencies varied from full control by Rosenberg, to close cooperation with them made mandatory by his directives and by Hitler’s orders. Finally, the various subdivisions of the Ministry, were required to submit period-reports of the situation within their jurisdiction—so that the numerous reports of brutality which Rosenberg received were submitted to him pursuant to his orders. (1056-PS)

The treatise on the organization of Rosenberg’s ministry states as follows:

“The newly occupied Eastern Territories are subordinated to the Reich Minister for the Occupied Eastern Territories. By directions of the Fuehrer he establishes a civil administration there upon withdrawal of the military administration. He heads and supervises the entire administration of this area and represents the sovereignty of the Reich in the occupied Eastern Territories.”

* * * * * *

“To the Reich Ministry is assigned a deputy of the Reich Leader SS and Chief of the German Police in the Reich Ministry of the Interior.” (1056-PS)

The responsibility of the Reich Commissars is described as follows:

“In the Reich Commissariats, Reich Commissars are responsible for the entire civil administration under the supreme authority of the Reich Ministry for the Occupied Eastern Territories. According to the instructions of the Reich Minister for the Occupied Eastern Territories the Reich Commissar, as a functionary of the Reich, heads and supervises, within his precincts, the entire civil administration. Within the scope of these instructions he acts on his own responsibility.

“Subordinate offices of the Reich Commissar are:

“General Commissariats,

“Main Commissariats,

“District Commissariats.” (1056-PS)

The SS was placed under Rosenberg’s jurisdiction and control:

“The Higher SS- and Police Leader is directly subordinated to the Reich Commissar. However, the Chief of Staff has the general right to secure information from him also. His official title is:

‘The Reich Commissar for the Eastern Territory The Higher SS- and Police Leader.’

“Great stress is to be placed on close cooperation between him, the Chief of Staff, and the other Main Department Heads of the office of the Reich Commissar, particularly with the one for Policies.” (1056-PS)

The scope of Rosenberg’s control over the SS in the Occupied Eastern Territories is revealed in a decree signed by Rosenberg, dated 17 July 1941, and found in the Verordnungsblatt of the Reich Minister for the Occupied East, 1942 #2, pages 7 and 8. This decree provides for the creation of summary courts-martial to punish crimes committed by non-Germans in the East, as determined by the Reich Commissar. The courts are to be presided over by a police officer or an SS leader, who have authority to order the death sentence and confiscation of property, and whose decisions are not subject to appeal. The General Commissar is given the right to reject a summary Courts’ decision. Thus, the determination of the SS is subordinated to the authority of Rosenberg’s Ministry.

The position of the General Commissar is defined as follows in the organizational treatise:

“The General Commissar forms the administrative office of intermediate appeal. Within his jurisdiction he heads the administration according to the general directives of the Reich Minister for the Occupied Eastern Territories and the prescriptions of the Reich Commissar.”

* * * * * *

“The SS- and Police Leader assigned to the General Commissar is directly subordinated to him; however, the Chief of Staff has the general right of requiring information from him.” (1056-PS)

Regional Commissars are described as follows:

“The Regional Commissar heads the entire administration of the lower administrative office in the Circuit District [Kreisgebiet] in accordance with the instructions of the General Commissar and the superior offices * * *. The leader of the police unit assigned to him is directly subordinated to him.” (1056-PS)

Main Commissars are described in these terms:

“Upon recommendation by the Reich Commissar the Reich Minister for the Occupied Eastern Territories appoints Main Commissars for Main Districts formed by the consolidation of several Circuit Districts.” (1056-PS)

The order of superiority in the service among these various officials is stated as follows:

“The Reich Minister for the Occupied Eastern Territories is the service superior of the Reich Commissar and the officials and the employees subordinate to them. The Reich Commissar is the superior of all officials and employees of his office and of the offices subordinate to him. The General Commissar is the superior of the officials and employees of his office and of the officials and employees of the offices of the Main and Regional Commissars. The Main Commissar and the Regional Commissar are the superior of the officials and employees of their offices.” (1056-PS)

Thus, there is a continuous chain of command and of accountability from the Reich Minister, Rosenberg, down through each subdivision of the Ministry.

Furthermore, Rosenberg had authority to legislate for the entire area, and the jurisdiction of his Ministry was exclusive, aside from that of the military. The organizational treatise states:

“The Reich Commissars, General Commissars, Main Commissars and Regional Commissars (City Commissars) are—aside from the military agencies—the only Reich authorities [Reichsbehoerden] in the Occupied Eastern Territories. Other Reich authorities may not be established alongside them. They handle all questions of administration of the area which is subordinate to their sovereignty and all affairs which concern the organization and activity of the administration including those of the Police in the supervision of the native [landeseigenen] agencies and organizations, and of the population.

“The Reich Minister governs the occupied Eastern Territories by order of the Fuehrer. He can make the law for all the territories.” (1056-PS)

The following passage shows that the economic exploitation of the territory was undertaken in fullest cooperation with the Commissioner of the Four-Year Plan:

“The Fuehrer has entrusted Reich Marshal Hermann Goering, as Commissioner for the Four Year Plan, with the supervision of the tasks of the war economy in the Occupied Eastern Territories. The economic inspectorates and economic commands are active there as his representatives [Organe] [see Green Folio]. These economic inspectorates and economic commands will be substantially absorbed in the agencies of the civil administration after the establishment of the civil administration.” (1056-PS)

Careful provision was made for channeling to Rosenberg complete and accurate information as to the situation throughout the territory governed by him:

“The Reich and General Commissars will determine the periods at which the subordinate agencies are to report regularly about the general situation without prejudice to the duty to provide individual reports and special delivery reports (at first, at short intervals which can be later lengthened). At first the Reich Commissars will give the Reich Minister for the Occupied Eastern Territories a comprehensive report on the situation in brief form twice a month, on the first and fifteenth of each month. The Reich Minister is to be given a report by the Reich Commissar immediately about incidents of an especially important nature. The General Commissars and Regional Commissars must report directly to the Reich Minister for the Occupied Eastern Territories by the quickest means particularly important incidents, as, for example, widespread unrest, more important acts of sabotage and strikes, great natural catastrophes and the like, and at the same time report them to the next superior agency.” (1056-PS)

The Second Section of this organizational treatise, entitled “Working directives for the Civil Administration,” contains this statement:

“* * * the Hague Rules of Land Warfare which deal with the administration of a country occupied by a foreign armed power are not valid.” (1056-PS; EC-347)

The document continues as follows:

“The handling of cases of sabotage is the concern of the Senior SS- and Police Leader, of the SS- and Police Leader and/or the police leaders of the lower echelon. Insofar, however, as collective measures against the population of a definite region appear appropriate, the decision about them rests with the competent Commissar on the proposal of the Police Leader. The calling of the population for the tasks of guarding can be ordered by the Regional Commissar.

“The assessment of fines of money or goods, as well as the ordering of the seizure of hostages and the shooting of inhabitants of the territory in which the acts of sabotage have taken place, can only be by the General Commissar, insofar as the Reich Commissar himself does not intervene.”

* * * * * *

“The District Commissar is responsible for the supervision of all prisons, insofar as the Reich Commissar does not decree otherwise.” (1056-PS; EC-347)

(b) Rosenberg’s Use of His Authority and Power for Criminal Purposes. The manner in which Rosenberg’s authority and power were wielded is illustrated in other sections of this volume, which show that in the Eastern Territories millions of Jews were exterminated; that millions of slave laborers were pressed into service under indescribable conditions; that the populace was degraded, starved, beaten, and murdered; and that the country was stripped of its resources. However, in order to illustrate the manner in which Rosenberg participated in the criminal activities conducted within his jurisdiction, four examples may be mentioned.

1. Seizure of Jewish Property. The first illustration is contained in the decree signed by Lohse, Reichscommissar for the Ostland, which is published in the Verordnungsblatt of the Reichscommissar for the Ostland, 1942, No. 38, pages 158 and 159. This decree provides for the seizure of the entire property of the Jewish population in the Ostland, including the claims of Jews against third parties. The seizure was made retroactive to the day of the occupation of the territory by the German troops. This sweeping decree was issued and published by Rosenberg’s immediate subordinate, and it must be assumed that Rosenberg knew of it and acquiesced in it. The power to enact such a decree, as previously outlined, arose by virtue of delegation of that power by Rosenberg to the Reichscommissar.

2. Extermination of Jews. The second illustration is the report of the prison warden of Minsk that 516 German and Russian Jews had been killed. The warden called attention to the fact that valuable gold had been lost due to the failure to knock out the tooth-fillings of the victims before they were done away with (R-135).

3. Deportations for Forced Labor. The third illustration is a letter which Rosenberg wrote to Sauckel on 21 December 1942 in the following terms:

“I thank you very much for your report on the execution of the great task given to you, and I am glad to hear that in carrying out your mission you have always found the necessary support, even on the part of the civilian authorities in the occupied Eastern territories. For myself and the officials under my command this collaboration was and is self-evident, especially since both you and I have, with regard to the solution of the labor problem in the East, represented the same view-points from the beginning.” (018-PS)

As late as 11 July 1944 the Rosenberg Ministry was actively concerned with the continuation of the forced labor program in spite of the retreat from the East. A letter from Alfred Meyer, Rosenberg’s deputy, addressed to Sauckel, dated 11 July 1944 shows that this time it is Rosenberg’s Ministry that is urging action:

“1. * * * The war employment command [Kriegseinsatzkommando] formerly stationed in Minsk must continue under all circumstances the calling in of your white Ruthenian and Russian manpower for military employment in the Reich. In addition, the command has the mission to bring young boys of 10-14 years of age to the Reich.” (199-PS)

4. Economic Exploitation. The final illustration of Rosenberg’s criminal responsibility is contained in a secret letter from Rosenberg to Bormann dated 17 October 1944 (327-PS). It furnishes a graphic account of Rosenberg’s activities in the economic exploitation of the Occupied East. The first paragraph reads:

“In order not to delay the liquidation of companies under my supervision, I beg to point out that the companies concerned are not private firms but business enterprises of the Reich, so that also actions with regard to them, just as with regard to government offices, are reserved to the highest authorities of the Reich. I supervise the following companies * * *.” (327-PS)

There follows a list of nine companies—a trading company, an agricultural development Company, a supply company, a pharmaceutical company, and five banking concerns. The mission of the trading company is stated to be:

“Collection of all agricultural products as well as commercial marketing and transportation thereof. (Delivery to armed forces and the Reich.)” (327-PS)

The letter continues as follows:

“During this period, the Z.O. (Central Trading Corporation), together with its subsidiaries, has collected:

“Grain 9,200,000 tons Meat and meat products 622,000 tons Linseed 950,000 tons Butter 208,000 tons Sugar 400,000 tons Fodder 2,500,000 tons Potatoes 3,200,000 tons Seeds 141,000 tons Other agricultural products 1,200,000 tons and 1,075,000,000 eggs

“The following was required for transportation:

“1,418,000 railroad box cars and 472,000 tons of boat shipping space.” (327-PS)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ALFRED ROSENBERG

8. HANS FRANK

A. FRANK HELD A POSITION OF LEADERSHIP IN THE NATIONALSOZIALISTISCHE DEUTSCHE ARBEITERPARTEI (NSDAP) AND IN THE GERMAN GOVERNMENT.

Frank held the following positions in the NSDAP and the German Government:

(1) Member of NSDAP, 1928-1945.

(2) Member of the Reichstag, 1930-1945.

(3) Reich Minister Without Portfolio, 1934-1945.

(4) Reich Commissar for the Coordination of the State Administration of Justice and for Reformation of the Law (Reichskommisar fuer die Gleichschaltung der Justiz in der Landern und fuer Erneuerung der Rechtsordnung), April 1933-December 1934, in the Ministry of Justice.

(5) President, International Chamber of Law, 1941-42.

(6) President, Academy of German Law (Praesident der Akademie fuer Deutsches Recht), 1933-1942.

(7) Governor-General of the Occupied Polish Territories (General Gouverneur fuer die besetzten polnischen Gebiete), October 1939-1945.

(8) Bavarian State Minister of Justice, March 1933-December 1934.

(9) Reichsleiter of NSDAP, 1933-1942.

(10) Leader of the National Socialist Lawyers League (Bund Nationalsozialistischer deutscher Juristen), 1933-1942.

(11) Editor or author of the following between 1930 and 1942:

(a) “Deutsches Recht” (Magazine of National Socialist Jurist League)

(b) Magazine of the Academy of German Law.

B. FRANK PROMOTED THE SEIZURE OF POWER BY THE NAZI CONSPIRATORS. AS THE LEADING NAZI JURIST, HE FURTHERED THE REALIZATION OF THE CONSPIRATORS’ PROGRAM IN THE FIELD OF LAW.

Frank himself described his role in the Nazi struggle for power in the following words in August 1942:

“I have since 1920 continually dedicated my work to the NSDAP. * * * As National Socialist I was a participant in the events of November 1923, for which I received the Blutorden. After the resurrection of the movement in the year 1925, my real greater activity in the movement began, which made me, first gradually, later almost exclusively, the legal advisor of the Fuehrer and of the Reich leadership of the NSDAP. I thus was the representative of legal interests of the growing Third Reich in a legal ideological as well as practical legal way. * * * The culmination of this work I see in the big Leipzig Army Trial in which I succeeded in having the Fuehrer admitted to the famous oath of legality, a circumstance which gave the Movement the legal grounds to expand generously. The Fuehrer indeed recognized this achievement and in 1926 made me leader of the National Socialist Lawyers League; in 1929 Reich Leader of the Reich Legal Office of the NSDAP; in 1933 Bavarian Minister of Justice; in the same year Reich Commissioner of Justice; in 1934 President of the Academy of German Law founded by me; in December 1934 Reich Minister Without Portfolio; and in 1939 I was finally appointed to Governor General for the occupied Polish territories.

“So I was, am and will remain the representative jurist of the struggle period of National Socialism. * * *

“I profess myself now, and always, as a National Socialist and a faithful follower of the Fuehrer Adolf Hitler, whom I have now served since 1919.” (2233-X-PS)

Frank’s Diary, from which this quotation is taken, to which frequent reference is made in this section, is the official journal, kept at Frank’s direction, of his administration in the General Government. It consists of 38 volumes in which are recorded the official texts of speeches, transcripts of conferences, minutes of cabinet sessions, etc. The volumes are divided into several concurrent series (Tagebuch, Abteilungsleitersitzungen etc.) which cover the several aspects of the official business of the administration.

As the “representative jurist of the struggle period of National Socialism” and in the various juridical capacities listed in the preceding section, Frank was between 1933 and 1939 the most prominent policy-maker in the field of German legal theory.

In 1934 Frank founded the Academy of German Law, of which he was president until 1942. The statute defining the functions of the Academy conferred on it wide power to coordinate juridical policies:

“It is the task of the Academy for German Law to further the rejuvenation of the Law in Germany. Closely connected with the agencies competent for legislation, it shall further the realization of the National Socialist Program in the realm of Law. This task shall be carried out through well-fixed scientific methods.

“The Academy’s task shall cover primarily:

“1. The composition, the initiation, judging and preparing of drafts of law.

“2. The collaboration in rejuvenating and unifying the training in jurisprudence and political science.

“3. The editing and supporting of scientific publications.

“4. The financial assistance for research and work in specific fields of Law and Political Economy.

“5. The organization of scientific meetings and the organization of courses.

“6. The cultivation of connections to similar institutions in foreign countries”. (1391-PS)

What Frank as policy-maker in the field of law conceived as his task he explained in a radio address on 20 March 1934:

“The first task was that of establishing a unified German State. It was an outstanding historical and juristic—political accomplishment on the part of our Fuehrer that he reached boldly into the development of history and thereby eliminated the sovereignty of the various German states. . . .

“The second fundamental law of the Hitler Reich is racial legislation. The National Socialists were the first ones in the entire history of human law to elevate the concept of race to the status of a legal term. The German nation, unified racially and nationally, will in the future be legally protected against any further disintegration of the German race stock. . . .

“The sixth fundamental law was the legal elimination of those political organizations which within the state, during the period of the reconstruction of the people and the Reich, were once able to place their selfish aims ahead of the common good of the nation. This elimination has taken place entirely legally. It is not the coming to the fore of despotic tendencies but it was the necessary legal consequence of a clear political result, of the 14 years’ struggle of the NSDAP.

“In accordance with these unified legal aims in all spheres, particular efforts have for months now been made as regards the work of the great reform of the entire field of German law. * * *” (2536-PS)

Frank concluded his remarks by pointing out that the outward forms of legality could be preserved in building the Nazi state:

“As a leader of the German Jurists I am convinced that together with all strata of the German people, we shall be able to construct the legal state of Adolf Hitler in every respect and to such an extent that no one in the world will at any time be able to attack this legal state as regards its laws”. (2536-PS)

In his speech at the Congress of the Reich Group of University Professors of the National Socialist Jurists’ League on 3 October 1936, Frank explained the necessity for excluding Jews from the legal field:

“* * * this topic embraces all that which in our opinion will contribute to establishing National Socialism in the field of jurisprudence, thus eliminating any alien racial spirit therefrom. * * *

“We National Socialists have started with anti-Semitism in our fight to free the German people, to re-establish a German Reich and to build our entire German spiritual, cultural and social life on the indestructible foundation of our race. We started a gigantic battle in 1919 * * * It took all the self-confidence of German manhood to withstand and to triumph—in this fight to substitute the German spirit for Jewish corruption over the concerted attacks of powerful world groups of which Jewry is a representative.

“Particularly we National Socialist Jurists have a mission of our own to accomplish in this battle. We construct German law on the foundations of old and vital elements of the German people. * * *

“It is so obvious that it hardly needs mentioning that any participation whatsoever of the Jew in German law—be it in a creative, interpretative, educational or critical capacity—is impossible. The elimination of the Jews from German jurisprudence is in no way due to hatred or envy but to the understanding that the influence of the Jew on German life is essentially a pernicious and harmful one and that in the interests of the German people and to protect its future an unequivocal boundary must be drawn between us and the Jews.” (2536-PS)

As the leading Nazi jurist, Frank accepted and promoted the system of concentration camps and of arrest without warrant. In an article on “Legislation and Judiciary in the Third Reich” published in the Journal of the Academy of German Law in 1936, Frank explained:

“To the world we are blamed again and again because of the concentration camps. We are asked, ‘Why do you arrest without a warrant of arrest?’ I say, put yourselves into the position of our nation. Don’t forget that the very great and still untouched world of Bolshevism cannot forget that we have made final victory for them impossible in Europe, right here on German soil.” (2533-PS)

Just as the other conspirators mobilized the military, economic, and diplomatic resources of Germany for war, Frank, in the field of legal policy, geared the German juridical machine for a war of aggression, which, as he explained in 1942 to the NSDAP District Standortsfuehrung Galicia at a mass meeting in Lemberg, had for its purpose:

“* * * to expand the living space for our people in a natural manner”. (2233-S-PS)

Frank was proud of this accomplishment. In a speech before the Academy of German Law in November 1939, he stated:

“Today we are proud to have formulated our legal principles from the very beginning in such a way that they need not be changed in the case of war. For the rule, that right is that which is useful to the nation, and wrong is that which harms it, which stood at the beginning of our legal work, and which established this collective term of nation as the only standard of value of the law—this rule dominates also the law of these times.” (3445-PS)

C. THROUGH USE OF HIS OFFICE AS GOVERNOR GENERAL, FRANK PARTICIPATED IN THE CONSPIRACY TO COMMIT WAR CRIMES AND CRIMES AGAINST HUMANITY IN THE TERRITORY OF THE GENERAL GOVERNMENT OF POLAND.

Certain of the war crimes and crimes against humanity committed by the Nazi conspirators, and in particular by Frank in the General Government of Poland are discussed in Chapter X on the Slave Labor Program, Chapter XI on Concentration Camps, Chapter XII on Persecution of the Jews, and Chapter XIII on Germanization and Spoliation. This section will attempt to trace Frank’s special responsibility, as Governor General, for the policies underlying the crimes committed in the General Government during the period of his administration.

Frank was appointed Governor General of the Occupied Polish Territories by a Hitler decree dated 12 October 1939. The scope of his executive power was defined as follows:

“Section 1. The territories occupied by German troops shall be subject to the authority of the Governor General of the occupied Polish territories, except insofar as they are incorporated within the German Reich.

“Section 2. (1) I appoint Reich Minister Dr. Frank as Governor General of the occupied Polish territories. (2) As Deputy Governor General I appoint Reich Minister Dr. Seyss-Inquart.

“Section 3. (1) The Governor General shall be directly responsible to me. (2) All branches of the administration shall be directed by the Governor General * * *.”(2537-PS)

The jurisdiction and functions of Frank in the General Government are described by him in several passages of his diary. For example at a meeting of Department Heads of the General Government on 8 March 1940 in the Bergakademie, Frank clarified his status as follows:

“One thing is certain. The authority of General Government as the representative of the Fuehrer and the will of the Reich in this territory is certainly strong, and I have always emphasized that I would not tolerate the misuse of this authority. I have allowed this to be known anew at every office in Berlin, especially after Herr Field Marshall Goering on 12.2.1940 from Karin-hall had forbidden all Administrative Offices of the Reich, including the Police and even the Wehrmacht, to interfere in administrative matters of the General Government * * *.

“There is no authority here in the General Government which is higher as to rank, influence, and authority than that of the Governor General. Even the Wehrmacht has no governmental or official functions of any kind in this connection; it has only security functions and general military duties—it has no political power whatsoever. The same applies here to the Police and SS. There is here no state within a state but we are the representatives of the Fuehrer and of the Reich. In final conclusion, this applies also to the Party which has here no far-reaching influence except for the fact that very old members of the National Socialist Party and loyal veterans of the Fuehrer take care of general matters.” (2233-M-PS)

At a conference of the District Standartenfuehrer of the NSDAP in Cracow on 18 March 1942, Frank explained the relationship between his administration and Himmler:

“As you know I am a fanatic as to unity in administration. * * * It is therefore clear that the Higher SS and Police Officer is subordinated to me, that the Police is a component of the government, that the SS and Police Officer in the district is subordinated to the Governor, and that the Kreis [district] chief has the authority of command over the gendarmerie in his Kreis [district]. This the Reichsfuehrer SS has recognized; in the written agreement all these points are mentioned word for word and signed. It is also self-evident that we cannot set up a closed shop here which can be treated in the traditional manner of small states. It would, for instance, be ridiculous if we would build up here a security policy of our own against our Poles in the country, while knowing that the Polacks in West Prussia, in Posen, in Wartheland and in Silesia have one and the same movement of resistance. The Reichsfuehrer SS and Chief of the German Police thus must be able to carry out with the aid of his agencies his police measures concerning the interests of the Reich as a whole. This, however, will be done in such a way that the measures to be adopted will first be submitted to me and carried out only when I give my consent. In the General Government, the Police is the Armed Forces. As a result of this, the leader of the Police system will be called by me into the government of the General Government; he is subordinate to me, or to my deputy, as a State Secretary for the Security Systems.” (2233-R-PS)

D. THE PROTOCOL UNDER WHICH THE PURPOSES OF FRANK’S ADMINISTRATION OF THE GENERAL GOVERNMENT WERE DEFINED CONSTITUTES IN ITSELF A CRIMINAL PLAN OR CONSPIRACY.

The protocol of the conversation between Keitel and Hitler, which was dated 20 October 1939 and initialed by General Warlimont, regarding “The Future Shape of Polish Relations with Germany” provided in part as follows:

“(1) The Armed Forces will welcome it if they can dispose of Administrative questions in Poland.

“On principle there cannot be two administrations.”

* * * * * *

“(3) It is not the task of the Administration to make Poland into a model province or a model state of the German order or to put her economically or financially on a sound basis.

“The Polish intelligentsia must be prevented from forming a ruling class. The standard of living in the country is to remain low; we only want to draw labor forces from there. Poles are also to be used for the administration of the country. However the forming of national political groups may not be allowed.

“(4) The administration has to work on its own responsibility and must not be dependent on Berlin. We don’t want to do there what we do in the Reich. The responsibility does not rest with the Berlin Ministries since there is no German administrative unit concerned.

“The accomplishment of this task will involve a hard racial struggle [Volkstumskampf] which will not allow any legal restrictions. The methods will be incompatible with the principles otherwise adhered to by us.

“The Governor General is to give the Polish nation only bare living conditions and is to maintain the basis for military security.”

* * * * * *

“(6) * * * Any tendencies towards the consolidation of conditions in Poland are to be suppressed. The ‘Polish muddle’ [polnische Wirtschaft] must be allowed to develop. The government of the territory must make it possible for us to purify the Reich territory from Jews and Polacks, too. Collaboration with new Reich provinces (Posen and West Prussia) only for resettlements (Compare Mission Himmler).

“Purpose: Shrewdness and severity must be the maxims in this racial struggle in order to spare us from going to battle on account of this country again.” (864-PS)

Frank’s own statements regarding the purposes of his administration in Poland should be considered in connection with the foregoing document. The economic and political responsibilities which had been conferred on Frank by Hitler, and according to which he “intended to administer Poland”, were explained by Frank as follows in an interview that took place on 3 October 1939:

“Poland can only be administered by utilizing the country through means of ruthless exploitation, deportation of all supplies, raw materials, machines, factory installations, etc., which are important for the German war economy, availability of all workers for work within Germany, reduction of the entire Polish economy to absolute minimum necessary for bare existence of the population, closing of all educational institutions, especially technical schools and colleges in order to prevent the growth of the new Polish intelligentsia. ‘Poland shall be treated as a colony; the Poles shall be the slaves of the Greater German World Empire.’” (EC-344-16 & 17)

The Hitler-Keitel protocol should also be construed in the light of various passages in Frank’s diary relating to German policy in Poland. Illegality had been made in effect a canon of administration by the protocol, which provided that Frank’s task involved “a hard racial struggle which will not allow any legal restrictions.” Frank emphasized this point to his Department Heads at a conference on 19 December 1940:

“* * * In this country the force of a determined leadership must rule. The Pole must feel here that we are not building him a legal state, but that for him there is only one duty, namely, to work and to behave himself. It is clear that this leads sometimes to difficulties, but you must, in your own interest, see that all measures are ruthlessly carried out in order to become master of the situation. You can rely on me absolutely in this.” (2233-O-PS)

It was the German purpose from the beginning to administer the General Government as colonial territory in total disregard of the duties imposed by International Law on an occupying power, and Frank’s administrative policies were shaped in accordance with this policy. At the first conference with Department Heads of the General Government on 2 December 1939, Frank stated:

“Decisive in the administrative activities of the General Government is the will of the Fuehrer that this area shall be the first colonial territory of the German nation.” (2233-K-PS)

The “hard racial struggle” which Keitel and Hitler agreed could be solved only if attacked without “legal restrictions,” developed into the struggle which had as its ultimate purpose the Germanization of the General Government.

Frank’s adherence to the conspirators’ Germanization policy was clearly expressed by him at an official meeting of political leaders of the NSDAP in Cracow on 5 August 1942. Frank explained on that occasion:

“The situation in regard to Poland is unique insofar as on the one hand—I speak quite openly—we must expand Germanism in such a manner that the area of the General Government becomes pure German colonized land at some decades to come; and, on the other hand under the present war conditions we have to allow foreign racial groups to perform here the work which must be carried out in the service of Greater Germany.” (2233-V-PS)

Expediency, and expediency only, tempered Frank’s treatment of the nonGerman population of the General Government in the “hard racial struggle” he was charged with administering. The General Government was destined to become “pure German colonized land”, the valley of the Vistula to be as “German as the valley of the Rhine.” (2233-H-PS)

As for the Poles and Ukrainians, Frank’s attitude was clear. They were to be permitted to work for the German economy as long as the war emergency continued. Once the war was won, he told the District Standortfuehrung and Political Leaders at a conference at Cracow on 14 January 1944:

“* * * then, for all I care, mincemeat [Hackfleisch] can be made of the Poles and the Ukrainians and all the others who run around here—it does not matter what happens.” (2233-BB-PS)

E. FRANK ADVOCATED AND ADMINISTERED A PROGRAM OF EXTERMINATING JEWS OF POLISH NATIONALITY WITHIN THE GENERAL GOVERNMENT.

Frank’s diary makes it clear that the complete annihilation of Jews, in accordance with the racial program of the Nazi conspirators, was one of the objectives of his administration as Governor General. In the fall of 1940 Frank urged German soldiers to reassure their families in Germany with regard to the hardships of life in the General Government:

“In all these weeks, they [i.e., your families] will be thinking of you, saying to themselves: My God, there he sits in Poland where there are so many lice and Jews, perhaps he is hungry and cold, perhaps he is afraid to write. * * * It would not be a bad idea then to send our dear ones back home a picture, and tell them: well now, there are not so many lice and Jews any more, and conditions here in the Government General have changed and improved somewhat already. Of course, I could not eliminate all lice and Jews in only one year’s time (public amused). But in the course of time, and above all, if you help me, this end will be attained. After all, it is not necessary for us to accomplish everything within a year and right away, for what would otherwise be left for those who follow us to do?” (2233-C-PS).

A year later at a Cabinet Session of 16 December 1941 Frank restated the official policy of his administration with respect to Jews:

“As far as the Jews are concerned, I want to tell you quite frankly, that they must be done away with in one way or another. The Fuehrer said once: should united Jewry again succeed in provoking a world war, the blood of not only the nations which have been forced into the war by them, will be shed, but the Jew will have found his end in Europe * * *.

“Gentlemen, I must ask you to rid yourselves of all feeling of pity. We must annihilate the Jews, wherever we find them and wherever it is possible, in order to maintain here the structure of the Reich as a whole. This will, naturally, be achieved by other methods than those pointed out by Bureau Chief Dr. Hummel. Nor can the judges of the Special Courts be made responsible for it, because of the limitations of the framework of the legal procedure. Such out-dated views cannot be applied to such gigantic and unique events. We must find at any rate, a way which leads to the goal, and my thoughts are working in that direction.

“The Jews represent for us also extraordinarily malignant gluttons. We have now approximately 2,500,000 of them in the General Government, perhaps with the Jewish mixtures and everything that goes with it, 3,500,000 Jews. We cannot shoot or poison those 3,500,000 Jews, but we shall nevertheless be able to take measures, which will lead, somehow, to their annihilation, and this in connection with the gigantic measures to be determined in discussions from the Reich. The General Government must become free of Jews, the same as the Reich. Where and how this is to be achieved is a matter for the offices which we must appoint and create here. Their activities will be brought to your attention in due course.” (2233-D-PS)

An earlier passage in the report of this session of the Cabinet explains the references to Dr. Hummel. Hummel had complained that legal formalities were obstructing the process of liquidation:

“In Warsaw, in spite of the setting up of a third court chamber, we have been able to decree only 45 death sentences, only 8 of which have been carried out, since in each individual case, the Pardon Commission [Gnadenkommission] in Cracow has to make the final decision. A further 600 sentences were demanded and are under consideration. An effective isolation of the ghetto is not possible by way of the Special Court Procedure. The procedure to be followed up to the liquidation takes too much time; it is burdened with too many formalities and must be simplified.” (2233-Q-PS)

Frank himself ordered that every Jew seen outside the Ghetto should be executed:

“Severe measures must and will be adopted against Jews leaving the Ghettos. Death sentences pending against Jews for this reason must be carried out as quickly as possible. This order according to which every Jew found outside the Ghetto is to be executed, must be carried out without fail.” (2233-Q-PS)

When ways and means of meeting the food deficit in the General Government created by the increase in quotas to be requisitioned for export to Germany were discussed in August 1942, Frank approved a program which provided in part as follows:

“The feeding of a Jewish population, estimated heretofore at 1.5 million, drops off to an estimated total of 300,000 Jews, who still work for German interests as craftsmen or otherwise. For these the Jewish rations, including certain special allotments which have proved necessary for the maintenance of working capacity, will be retained. The other Jews, a total of 1.2 million, will no longer be provided with foodstuffs.” (2233-E-PS)

Frank’s concurrence was expressed in the following terms:

“That we sentence 1.2 million Jews to die of hunger should be noted only marginally. It is a matter of course that should the Jews not starve it would, we hope, result in speeding up anti-Jewish measures.” (2233-E-PS)

At an official meeting of the political leaders of the NSDAP on 5 August 1942, Frank made the following progress report:

“What a dirty people made up of Jews swaggered around here before 1939! And where are the Jews today? You scarcely see them. If you see them they are working.” (2233-V-PS)

In December 1941, Frank had pointed out that his administration could not shoot or poison all the three and a half million Jews in the General Government. He had promised, however, that he would be able to devise measures which would lead to their annihilation. Two years later, at a special press conference in January 1944, he was able to report that his mission was almost accomplished.

“At the present time we have still in the General Government perhaps 100,000 Jews.” (2233-F-PS)

F. FRANK IMPOSED UPON THE POPULATION OF THE GENERAL GOVERNMENT A REIGN OF TERROR, OPPRESSION, IMPOVERISHMENT, AND STARVATION.

What had happened in the General Government in the first three and a half years of Frank’s administration was summarized by Frank in a report to Hitler on the situation in Poland, dated 19 June 1943:

“In the course of time, a series of measures or of consequences of the German rule have led to a substantial deterioration of the attitude of the entire Polish people in the German Government. These measures have affected either individual professions or the entire population and frequently also—often with crushing severity—the fate of individuals.

“Among these are in particular:

“1—The entirely insufficient nourishment of the population, mainly of the working classes in the cities, whose majority is working for German interests.

“Until the war of 1939, its food supplies, though not varied, were sufficient and generally secure, due to the agrarian surplus of the former Polish state and in spite of the negligence on the part of their former political leadership.

“2—The confiscation of a great part of the Polish estates and the expropriation without compensation and resettlement of Polish peasants from manoeuvre areas and from German settlements.

“3—Encroachments and confiscations in the industries, in commerce and trade and in the field of private property.

“4—Mass arrests and mass shootings by the German police who applied the system of collective responsibility.

“5—The rigorous methods of recruiting workers.

“6—The extensive paralyzation of cultural life.

“7—The closing of high schools, junior colleges, and universities.

“8—The limitation, indeed the complete elimination of Polish influence from all spheres of State administration.

“9—Curtailment of the influence of the Catholic Church, limiting its extensive influence—an undoubtedly necessary move—and, in addition, until quite recently, the closing and confiscation of monasteries, schools and charitable institutions.” (437-PS)

In order to illustrate how completely Frank as Governor General is identified with the criminal policies whose execution is reported in the foregoing document, and the extent to which they were the official policies of his administration, it is proposed to annotate several of the items with passages from Frank’s own diary.

(1) Undernourishment of Polish population. The extent of the undernourishment of the Polish population was reported to Frank in September 1941 by Obermedizinalrat Dr. Walbaum:

“Obermedizinalrat Dr. Walbaum expresses his opinion of the health condition of the Polish population. Investigations which were carried out by his department proved that the majority of Poles eat only about 600 calories, whereas the normal requirement for a human being is 2,200 calories. The Polish population was enfeebled to such an extent that it would fall an easy prey to spotted fever. The number of diseased Poles amounted today already to 40%. During the last week alone 1000 new spotted fever cases have been officially recorded. * * * If the food rations were to be diminished again, an enormous increase of the number of illnesses could be predicted.” (2233-P-PS)

It was clear from this report that starvation was prevalent in the General Government. Nevertheless, in August 1942, Frank approved a new plan which called for much larger contributions of foodstuffs to Germany at the expense of the nonGerman population of the General Government. Methods of meeting the new quotas out of the already grossly inadequate rations of the General Government, and the impact of the new quotas on the economy of the country were discussed at a Cabinet meeting of the General Government, on 18 August 1942 in terms which leave no doubt that not only was the proposed requisition far beyond the resources of the country, but its impact was to be distributed on a discriminatory basis.

Frank’s opening remarks at this meeting defined the scope of the problem and its solution:

“Before the German people are to experience starvation, the occupied territories and their people shall be exposed to starvation. In this moment therefore we here in the General Government must also have the iron determination to help the Great German people, our Fatherland. . . . The General Government therefore must do the following: The General Government has taken on the obligation to send 500,000 tons bread grains to the Fatherland in addition to the foodstuffs already being delivered for the relief of Germany or consumed here by troops of the armed forces, Police or SS. If you compare this with our contributions of last year you can see that this means a six fold increase over that of last year’s contribution of the General Government. The new demand will be fulfilled exclusively at the expense of the foreign population. It must be done cold-bloodedly and without pity; * * *” (2233-E-PS).

President of the Main Department for Food and Agriculture Naumann (apparently an official of the General Government) then described how the reduced quantity of food available for feeding the population of the General Government should be distributed:

“The feeding of a Jewish population, estimated heretofore at 1.5 million, drops off to an estimated total of 300,000 Jews, who still work for German interests as craftsmen or otherwise. For these the Jewish rations, including certain special allotments which have proved necessary for the maintenance of working capacity, will be retained. The other Jews, a total of 1.2 million, will no longer be provided with foodstuffs.

“Non-German normal consumers will receive, from 1 January 1943 to 1 March 1943, instead of 4.2 kg. bread per month, 2.8 kg; from 1 March 1943 to 30 July 1943 the total bread ration for these non-German normal consumers will be cancelled.

“Those entitled to be supplied [Versorgungsberechtigten] are composed as follows. We estimate that 3 million persons come into consideration as war workers, the A- and B-card holders and their kin, and that somewhat more than 3 million persons are non-German normal consumers, who do not work directly or indirectly in the interests of Germany. The war workers, A- and B-card holders and their families, about 3 million persons, will however continue to be supplied, up to the harvest of 1943, at the prevailing rates.” (2233-E-PS)

Naumann goes on to discuss the difficulties that may be encountered in the process of requisition:

“The securing of all depots and food processing plants, as well as their transport facilities must be assured, as otherwise irreplaceable losses result which mean a further burdening of the food budget. I have had maps made of all districts [Kreise] on which the depots have all been drawn in. I request that the necessary measures be taken on the part of the police and these depots, which are in the eye of the hungering masses, above all at times when the restrictions are carried out, should be strictly guarded, so that the meager supplies which we have until the new harvest should not be destroyed by sabotage or arson. . . . Finally it must be determined at the beginning of November whether the martial law for the harvest period, which has been proclaimed up to 30 November, must be extended to 30 December. Martial law for the harvest period has been extended to all products which are to be seized. The planned quota increase and reduction of ration quantities must be kept secret under all circumstances and may be published only at that time which the Main Department for Food and Agriculture considers proper. Should the reduction of ration quantities and the increase of quotas become known earlier, extremely noticeable disturbances in the seizure would take place. The mass of the Polish population would then go to the land and would become a supplementary competitor of our requisitioning agencies.” (2233-E-PS)

Frank’s concluding remarks summarized the position as follows:

“I must point out that some sectors of the administration will feel this very keenly. In the first place the police will feel this, for it will have to deal, if I may say so, with an increased activity of the black market and a neglect of food customs. I will gladly give the police extraordinary powers so that they can overcome these difficulties.

“The economy will feel it. The decrease of work rendered will become felt in all sectors, branches and regions. I also assume that our transport system will feel it too. In view of the worsening living conditions an extraordinary hardship will set in for railroad workers and other categories; as the previous quantities of food were already not enough. The monopolies will feel it through a decrease of their incomes, as the amounts of potatoes available for the production of vodka will be less.

“The Germans in this area shall not feel it. We wish in spite of this new plan to see to it that the supplies for Germans will be maintained. Also the Wehrmacht and other encamped units in this area shall not feel it. We hope that it will be possible for us to keep up the whole quotas here.

“To help in this necessity there is a corresponding measure, namely that the supervision of persons traveling from the General Government to the Reich, above all of military personnel, in order to see whether they are taking food out of the General Government, should be suspended. This means that in addition to all that which we must now extract from the land economically, there must take place a complete removal of control over that which is dragged out of the land by thousands upon thousands—doubtless illegally and against our government measures.” (2233-E-PS)

The extent of the General Government’s food contribution to the Reich, and its significance in terms of rations within Germany were described by Frank at a meeting of political leaders of the NSDAP in December 1942 at Cracow:

“I will endeavor to get out of the reservoir of this territory everything that is yet to be got out of it. When you consider that it was possible for me to deliver to the Reich 600,000 tons of bread grain, and in addition 180,000 tons to the Armed Forces stationed here; further an abundance amounting to many thousands of tons of other commodities such as seed, fats, vegetables, besides the delivery to the Reich of 300 million eggs, etc.—you can estimate the significance of the consignment from the General Government of 600,000 tons of bread grain; you are referred to the fact that the General Government by this achievement alone covers the raising of the bread ration in the Greater German Reich by two-thirds during the present rationing period. This enormous achievement can rightfully be claimed by us.” (2233-Z-PS)

(2) Resettlement projects. Although Himmler was given general authority in connection with the conspirators’ program to resettle various districts in the conquered Eastern territories with racial Germans, projects relating to resettling districts in the General Government were submitted to and approved by Frank. On 4 August 1942, for example, the plan to resettle Zamosc and Lublin was reported to him by State Secretary Krueger:

“State Secretary Krueger then continues, saying that the Reichsfuehrer’s next immediate plan until the end of the following year would be to settle the following German racial groups in the two districts (Zamosc and Lublin): 1000 peasant settlements (1 settlement per family of about 6) for Bosnian Germans; 1200 other kinds of settlements; 1000 settlements for Bessarabian Germans; 200 for Serbian Germans; 2000 for Leningrad Germans; 4000 for Baltic Germans; 500 for Wolhynia Germans; and 200 settlements for Flemish, Danish and Dutch Germans: in all 10,000 settlements for 50,000 persons” (2233-T-PS). Frank directed that:

“* * * the resettlement plan is to be discussed cooperatively by the competent authorities and declared his willingness to approve the final plan by the end of September after satisfactory arrangements had been made concerning all the questions appertaining thereto (in particular the guaranteeing of peace and order) so that by the middle of November, as the most favorable time, the resettlement can begin.” (2233-T-PS)

The way in which the resettlement at Zamosc was carried out was described to Frank at a meeting at Warsaw on 25 January 1943 by State Secretary Krueger:

“When we settled about the first 4000 in Kreis Zamosc shortly before Christmas I had an opportunity to speak to these people. * * * It is understandable that in resettling this area . . . we did not make friends of the Poles. * * * In colonizing this territory with racial Germans, we are forced to chase out the Poles. * * * We are removing those who constitute a burden in this new colonization territory. Actually, they are the asocial and inferior elements. They are being deported, first brought to a concentration camp, and then sent as labor to the Reich. From a Polish propaganda standpoint this entire first action has had an unfavorable effect. For the Poles say: After the Jews have been destroyed then they will employ the same methods to get the Poles out of this territory and liquidate them just like the Jews.” (2233-AA-PS)

Although the illegality of this dispossession of Poles to make room for German settlers was clear, and although the fact that the Poles were not only being dispossessed but taken off to concentration camps was drawn to Frank’s attention at this time, he merely directed that individual cases of resettlement should in future be discussed in the same manner as in the case of Zamosc. (2233-AA-PS)

(3) Encroachments and confiscations in the industries and in the field of private property.

Frank explained his policy in respect to Polish property to his Department Heads in the following terms in December 1939:

“Principally it can be said regarding the administration of the General Government: This territory in its entirety is booty of the German Reich, and it thus cannot be permitted that this territory shall be exploited in its individual parts but that the territory in its entirety shall be economically used and its entire economic worth redound to the benefit of the German people.” (2233-K-PS)

Whatever encroachments there were on private property rights in the General Government fell squarely within the policy which Frank in an interview on 3 October 1939 stated he intended to administer as General Governor:

“Poland can only be administered by utilizing the country through means of ruthless exploitation, deportation of all supplies, raw materials, machines, factory installations etc. which are important for the German war economy. * * * [It was Frank’s opinion] that the war would be a short one and that it was most important now to make available as soon as possible raw materials, machines and workers to the German industry, which was short in all of these. Most important, however, in Frank’s opinion, was the fact that by destroying Polish industry, its subsequent reconstruction after the war would become more difficult, if not impossible, so that Poland would be reduced to its proper position as an agrarian country which would have to depend upon Germany for importation of industrial products.” (EC-344-16 & 17)

The basic decree under which property in the General Government was sequestered was promulgated by Frank on 24 January 1940. This decree authorized sequestration in connection with the “performance of tasks serving the public interest,” the seizure of “abandoned property,” and the liquidation of “antisocial or financially unremunerative property.” It permitted the Higher S.S. and Police Chief to order sequestrations “with the object of increasing the striking power of the units of the uniformed police and armed S.S.” No legal recourse was granted for losses arising from the enforcement of the decree, compensation being solely in the discretion of an official of the General Government. It is clear that the undefined criteria of this decree empowered Nazi officials in the General Government to engage in wholesale seizure of property. (2540-PS)

(4) Principle of collective responsibility. It was no part of Frank’s policy in administering the General Government that reprisals should be commensurate with the gravity of the offense. Frank was, on the contrary, an advocate of drastic measures in dealing with the Polish people. At a conference of Department Heads of the General Government on 19 January 1940, he explained:

“My relationship with the Poles is like the relationship between ant and plant louse. When I treat the Poles in a helpful way, so to speak tickle them in a friendly manner, then I do it in the expectation that their work performance redounds to my benefit. This is not a political but a purely tactical-technical problem. * * * In cases where in spite of all these measures the performance does not increase, or where the slightest act gives me occasion to step in, I would not even hesitate to take the most draconic action.” (2233-L-PS)

At a subsequent meeting of Department Heads on 8 March 1940 Frank became even more explicit:

“Whenever there is the least-attempt by the Poles to start anything, an enormous campaign of destruction will follow. Then I would not mind starting a regime of terror, or fear its consequences.” (2233-M-PS)

At a conference of District Standartenfuehrer at Cracow on 18 March 1942 Frank reiterated his policy:

“Incidentally, the struggle for the achievement of our aims will be pursued cold bloodedly. You see how the state agencies work. You see that we do not hesitate before anything, and stand whole dozens of people up against the wall. This is necessary because here simple consideration says that it cannot be our task at this period when the best German blood is being sacrificed, to show regard for the blood of another race. For out of this one of the greatest dangers may arise. One already hears today in Germany that prisoners-of-war, for instance with us in Bavaria or in Thuringia, are administering large estates entirely independently, while all the men in a village fit for service are at the front. If this state of affairs continues then a gradual retrogression of Germanism will show itself. One should not underestimate this danger. Therefore, everything revealing itself as a Polish power of leadership must be destroyed again and again with ruthless energy. This does not have to be shouted abroad, it will happen silently.” (2233-R-PS)

And on 15 January 1944 Frank assured the political leaders of the NSDAP at Cracow:

“I have not been hesitant in declaring that when a German is shot, up to 100 Poles shall be shot too.” (2233-BB-PS)

(5) Rigorous methods of recruiting workers. Force, violence, and economic duress were all advocated by Frank as means for recruiting laborers for deportation to slave labor in Germany. Deportation of Polish laborers to Germany was an integral part of the program announced by Frank for his administration of the General Government (See EC-344-16 & 17), and as Governor General he authorized whatever degree of force was required for the execution of his program.

Voluntary methods of recruitment soon proved inadequate. In the spring of 1940 the question of utilizing force came up, and the following discussion took place in the presence of Seyss-Inquart:

“The Governor-General stated that the fact that all means in form of proclamations etc. did not bring success, leads to the conclusion that the Poles out of malevolence, and guided by the intention of harming Germany by not putting themselves at its disposal, refuse to enlist for working duty. Therefore, he asks Dr. Frauendorfer, if there are any other measures, not as yet employed, to win the Poles on a voluntary basis.

“Reichshauptamtsleiter Dr. Frauendorfer answered this question negatively.

“The General Governor emphasized the fact that he now will be asked to take a definite attitude toward this question. Therefore the question will arise whether any form of coercive measures should now be employed.

“The question put by the General Governor to SS Lieutenant General [Obergruppenfuehrer] Krueger: does he see possibilities of calling Polish workers by coercive means, is answered in the affirmative by SS Lieutenant General Krueger.” (2233-N-PS)

At the same conference Frank declared that he was willing to agree to any practical measures, and decreed that unemployment compensation should be discontinued on 1 May 1940 as a means of recruiting labor for Germany.

“The General Governor is willing to agree to any practical measure; however, he wishes to be informed personally about the measures to be taken. One measure, which no doubt would be successful, would be the discontinuance of unemployment compensation for unemployed workers and their transfer to public welfare. Therefore, he decrees that, beginning 1 May, claim for unemployment compensation will cease to exist and only public welfare may be granted. For the time being only men are to report and above those men living in cities. There might be a possibility of combining the moving of the 120,000 Poles from the Warthe district with this measure.” (2233-N-PS)

In March 1940 Frank assured the authorities in Berlin that he was prepared to have villages surrounded and the people dragged forcibly out. He reported that, in the course of his negotiations in Berlin regarding the urgent demand for larger numbers of Polish farm workers, he had stated:

“* * * if it is demanded from him, [he] could naturally exercise force in such a manner, that he has the police surround a village and get the men and women in question out by force, and then send them to Germany. But one can also work differently, besides these police measures, by retaining the unemployment compensation of these workers in question.” (2233-B-PS)

At a conference of Department Heads of the General Government on 10 May 1940 Frank laid down the following principles for dealing with the problem of conscription labor:

“Upon the demands from the Reich it has now been decreed that compulsion may be exercised in view of the fact that sufficient manpower was not voluntarily available for service inside the German Reich. This compulsion means the possibility of arrest of male and female Poles. . . . The arrest of young Poles when leaving church services or the cinema would bring about an ever-increasing nervousness of the Poles. Generally speaking, he had no objection at all if the rubbish, capable of work yet often loitering about, would be snatched from the streets. The best method for this, however, would be the organization of a raid, and it would be absolutely justifiable to stop a Pole in the street and to question him what he was doing, where he was working, etc.” (2233-A-PS)

Frank utilized starvation as a method of recruitment. At a conference on 20 November 1942 the following plan was agreed:

“Starting 1 February 1942 the food ration cards should not be issued to the individual Pole or Ukrainian by the Nutrition Office [Ernaehrungsamt], but to the establishments working for the German interest. 2,000,000 people would thus be eliminated from the non-German, normal ration-consuming contingent. Now, if those ration cards are only distributed by the factories, part of those people will naturally rush into the factories. Labor could then be either procured for Germany from them or they could be used for the most important work in the factories of the General Government.” (2233-Y-PS)

On 18 August 1942 Frank informed Sauckel that the General Government had already supplied 800,000 laborers to Germany, and that a further 140,000 would be supplied by the end of the year. Regarding the quota for the next year he promised:

“* * * you can, however, next year reckon upon a higher number of workers from the General Government, for we shall employ the Police to conscript them.” (2233-W-PS)

Six months after Frank promised Sauckel to resort to police action to round up labor for deportation to Germany, the Chairman of the Ukrainian Main Committee reported to Frank that the program was being carried out as follows:

“The wild and ruthless man-hunt carried on everywhere in towns and country, in streets, squares, stations, even in churches, at night in houses, has badly shaken the feeling of security of the inhabitants. Everybody is exposed to the danger of being seized anywhere and at any time by members of the police, suddenly and unexpectedly, and being brought into an assembly camp. None of his relatives knows what has happened to him, only weeks or months later, one or the other gives news of his fate by a postcard.” (1526-PS)

(6) Closing of schools. The program outlined by Frank on 3 October 1939 as the program he intended to administer as Governor General included:

“closing of all educational institutions, especially technical schools and colleges in order to prevent the growth of the new Polish intelligentsia.” (EC-344-16 & 17)

This decision was taken by Frank before it was determined what schools, if any, might be closed because of failure of instructors to refrain from reference to politics, or refusal to submit to inspection by the occupying authorities. Moreover, the policy was determined, as indicated, in furtherance of the purpose of preventing the rise of an educated class in Poland.

(7) Other crimes. There were other grounds for uneasiness in Poland which Frank does not mention in his report to Hitler. He does not mention the Concentration Camps—perhaps because, as the “representative jurist” of National Socialism, Frank had himself defended the system in Germany. As Governor General Frank is responsible for all concentration camps within the boundaries of the General Government. As indicated above, he knew and approved that Poles were taken to concentration camps in connection with the resettlement projects. He had certain jurisdiction, as well, in relation to the notorious extermination camp Auschwitz, to which Poles from the General Government were committed by his administration, although the camp itself lay outside the boundaries of the General Government. In February 1944, Ambassador Counsellor Dr. Schumberg suggested a possible amnesty of Poles who had been taken to Auschwitz for trivial offenses and kept for several months. The report of the conference continues:

“The Governor General will take under consideration an amnesty probably for 1 May of this year. Nevertheless, one must not lose sight of the fact that the German leadership of the General Government must not now show any signs of weakness.” (2233-BB-PS)

G. CONCLUSION.

As legal adviser of Hitler and the leadership corps of the NSDAP, Frank promoted the conspirators’ rise to power. In his various juridical capacities, both in the NSDAP and in the German government, Frank advocated and promoted the political monopoly of the NSDAP, the racial program of the conspirators, and the terror system of the concentration camp and of arrest without warrant. His role in the common plan was to realize “the National Socialist Program in the realm of law”, and to give the outward form of legality to this program of terror, persecution and oppression, which had as its ultimate purpose mobilization for aggressive war.

As a loyal adherent of Hitler and the NSDAP, Frank was appointed Governor General in October 1939 of that area of Poland known as the General Government, which became the testing ground for the conspirators’ program of “Lebensraum.” Frank had defined justice in the field of German law as that which benefited the German nation. His five year administration of the General Government illustrates the same principles applied in the field of International Law.

Frank took the office of Governor General under a program which constituted in itself a criminal plan or conspiracy, as Frank well knew and approved, to exploit the territory ruthlessly for the benefit of Nazi Germany, to conscript its nationals for labor in Germany, to close its schools and colleges to prevent the rise of a Polish intelligentsia, and to administer the territory as a colonial possession of the Third Reich in total disregard of the duties of an occupying power toward the inhabitants of occupied territory. Under Frank’s administration this criminal plan was consummated. But the execution went even beyond the plan. Food contributions to Germany increased to the point where the bare subsistence reserved for the General Government under the plan was reduced to the level of mass starvation; a savage program of exterminating Jews was relentlessly executed; resettlement projects were carried out with reckless disregard of the rights of the local population; the terror of the concentration camp followed in the wake of the Nazi invaders.

It has been shown that all of these crimes were committed in accordance with the official policies established and advocated by Frank.

This summary of evidence has been compiled almost entirely from statements by Frank himself, from the admissions found in his diaries, official reports, records of his conferences with his colleagues and subordinates, and his speeches. It is therefore appropriate that a final passage from his diary should be quoted in conclusion. In January 1943, Frank told his colleagues in the General Government that their task would grow more difficult. Hitler, he said, could only help them as a kind of “administrative pillbox”. They must depend on themselves.

“We are now duty bound to hold together [he continued] * * * We must remember that we who are gathered together here figure on Mr. Roosevelt’s list of war criminals. I have the honor of being Number One. We have, so to speak, become accomplices in the world historic sense.” (2233-AA-PS)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO HANS FRANK

9. WILHELM FRICK

A. FRICK’S POLITICAL CAREER.

Frick’s important contribution to the Nazi conspiracy was in the field of government administration. He was the administrative brain who organized the German state for Nazism and who geared the machinery of the state for aggressive war. It was Frick who transformed the plans and programs of his fellow conspirators into political action. He was the manager of the Nazi conspiracy. He was entrusted with broad discretion, exercised great power, and knew the criminal purpose of the acts he committed.

The conspiratorial activities of Frick cover a period of 25 years, beginning as early as 1920 (3086-PS).

A brief summary of Frick’s activities will show how extensive was his contribution to the Nazi conspiracy. He took part in Hitler’s Munich Beer Hall Putsch of November 1923, and was sentenced for his participation. He helped Hitler become a German citizen. To maintain the Nazi regime in the first 2 years of its existence and to achieve some of its most important immediate purposes, Frick signed 235 laws and decrees during that period, most of which are published in the Reichsgesetzblatt.

For the first time in German history a uniform police system for the whole German Reich was created. Frick was its creator and its supreme head. He appointed the Gestapo chief, Heinrich Himmler, Chief of the German Police. Frick was the highest controlling authority over concentration camps. He personally inspected these camps. His Ministry of the Interior made the necessary legal arrangements for acquiring land for the Auschwitz Concentration Camp. Through his Medical Division, Frick controlled the Nazi asylums and so-called medical institutions in which forced sterilizations and murders of thousands of Germans and of foreign laborers were carried out. The racial legislation, including the Nurnberg Laws, was drafted by Frick and administered under his jurisdiction. Frick introduced the Yellow Star as a sign of stigmatization of the Jews.

In the course of his active participation in the Nazi conspiracy, Frick occupied a number of important positions. Among his Nazi Party positions are the following: member of the Nazi Party from 1925 to 1945; Reich Leader of the Nazi Party from 1933 to 1945; floor leader of the Nazi Party in the Reichstag from 1928 to 1945. His governmental positions were: chief of a division of the Munich Police Department from 1917 to 10 November 1923, 2 days after Hitler’s Putsch; Nazi Minister of the Interior and of Education in the German State of Thuringia from January 1930 to April 1931; Reichsministerof the Interior from 30 January 1933 to 20 August 1943; member of the Reich Defense Council as General Plenipotentiary for the Administration of the Reich from 21 May 1935 to 20 August 1943. On 20 August 1943, Frick was appointed Reich Protector of Bohemia and Moravia, and he held this last position until 1945. (2978-PS)

B. FRICK’S PARTICIPATION IN PROMOTING THE NAZI CONSPIRATORS’ ACCESSION TO POWER.

Frick has admitted that he was one of the men who helped Hitler to power (3043-PS).

(1) Frick’s activities in early days of conspiracy. In the very beginning of the Nazi Party and its conspiracy, Frick misused his various governmental positions in order to hold a “protecting hand over the National-Socialist Party and Hitler.” This he stated solemnly in his speech before the Munich People’s Court during the Putsch trial (3119-PS; see “The Hitler Trial Before the People’s Court in Munich” (Der Hitler Prozess vor dem Volksgericht in Muenchen), published by Knorr & Hirth, G.M.B.H., Muenchen, 1924.)

When Hitler was arrested during those early revolutionary days, Frick used his position in the Munich Police Department to release him under his own authority (3124-PS).

Frick participated in the Nazi Beer Hall Putsch of 8-9 November 1923, and was tried with Hitler on a charge of complicity in treason. He was convicted and received a suspended sentence of one year and three months in a fortress (3132-PS).

Hitler’s appreciation of Frick’s assistance during those years is demonstrated by the fact that Hitler honored Frick by mentioning his name in Mein Kampf, the Nazi bible. Only two other defendants in this proceeding, Hess and Streicher, share that honor. In this reference Hitler said of Frick:

“He [Munich Police President Poehner] and his coworker Dr. Frick are in my estimation the only men in government positions, who have the right to collaborate in the establishment of a Bavarian Nation.” (3125-PS)

(2) Frick’s activities as member of Reichstag. Having been elected to the Reichstag on 4 May 1924, Frick stated that it was his task not to “support, but to undermine the parliamentary system” (2742-PS).

In the Reichstag Frick immediately proposed those discriminatory measures against the Jews which were enacted after he and the other Nazi conspirators had come into power in 1933. On 25 August 1924 Frick demanded in the Reichstag that all Jews be removed from public office (3128-PS). Two days later he returned with a motion calling for “special legislation for all members of the Jewish race” (3119-PS).

In 1930, a significant investigative report was prepared by the Prussian Ministry of the Interior (2513-PS). This official report analyzed the criminal activities of Hitler, Frick, and other Nazis. It stated that Frick had to be regarded as the most influential leader of the NSDAP next to Hitler. This document reported that at the 1927 Party Congress in Nurnberg, Frick said that the Nazi Party would first infiltrate into parliament and misuse its privileges, then abolish it and thus open the way for racial dictatorship. The document also reported that Frick stated in a speech in 1929 at Pyritz that this fateful struggle would first be taken up with the ballot, but that this could not continue indefinitely, for history had taught that in a battle “blood must be shed and iron broken.” As early as 1929, according to this same report, Frick announced that a Special Peoples’ Court would be created, in which the enemies of the Nazi Party would be called to account for their political acts (2513-PS).

(3) Frick’s activities as Minister of Interior and Education in Thuringia. Frick’s prominent role in helping to bring the Nazis to power was recognized when on 23 January 1930 he was appointed Minister of the Interior and Education in the German State of Thuringia, the first ministerial appointment controlled by the National Socialists (3119-PS).

It was in this capacity that Frick began his manipulation to provide Adolf Hitler with German citizenship, an essential step toward the realization of the Nazi conspiracy. It must be remembered that Hitler at that time was not a German citizen and was regarded by the Prussian police administration as an undesirable alien. This lack of German citizenship was most damaging to the cause of the Nazi Party because, as an alien, Hitler could not become a candidate for the Reich Presidency in Germany.

In the beginning, Frick was unsuccessful when he tried to grant Hitler German citizenship by appointing Hitler as police officer in Thuringia, thus conferring German citizenship automatically. Later he succeeded with a similar maneuver. This was expressly confirmed by Otto Meissner, former State Secretary and Chief of Hitler’s Presidential Chancellery, in an affidavit which reads in part as follows:

“Frick also, in collaboration with Klagges, Minister of Brunswick, succeeded in naturalizing Hitler as a German citizen in 1932 by having him appointed a Brunswick government official (Counsellor of Government). This was done in order to make it possible for Hitler to run as a candidate for the office of President of the Reich.” (3564-PS)

During his tenure as State Minister in Thuringia, Frick again misused his official authority in order to advance the Nazi conspiracy through measures designed to establish Nazi control over the police, and over the administration and curriculum of universities and schools. Three of his measures are specially noteworthy:

(a) Appointment of the Nazi race theoretician, Dr. Guenther, as Professor at the University of Jena, against the wishes of the faculty.

(b) Compulsory introduction in the schools of Nazi prayers whose nationalistic, militaristic, and blasphemous character was such that three out of five were declared unconstitutional by the German Constitutional Court on 11 July 1930.

(c) Infiltration of Nazis in the Police, which twice provoked a rupture in the administrative relations between the State of Thuringia and the Reich Ministry of the Interior, and resulted in the withdrawal of the important police subsidy payment of the Reich to the State. (3132-PS; 3128-PS)

C. FRICK’S PARTICIPATION IN THE ESTABLISHMENT OF TOTALITARIAN CONTROL OVER GERMANY.

Frick’s appointment as Reichsministerof the Interior in the first Hitler Cabinet of 30 January 1933 gave him the task of “strengthening the power of the government and to secure the New Regime” (3128-PS).

(1) Powers of Frick as Minister of Interior. To this task his Ministry was perfectly suited. As Minister of the Interior Frick became responsible for the realization of a large part of the conspirators’ program, through both legislation and administration. His Ministry was charged especially with the following tasks:

(a) Internal Administration (State and local governments; State and Local Civil Service).

(b) Relations between Nazi Party and State.

(d) Citizenship.

(e) Racial Law and Policy (Jewish Question, Eugenics), National Health.

(f) Armed Forces and Reich Defense (Conscription).

(g) Establishment of the New Order in occupied and annexed territories.

(h) Legislation, Constitutional Law (civil liberties).

(i) Police Forces (including Gestapo, protective custody, concentration camps). (3303-PS; 3475-PS)

The names of the men who, according to (3475-PS), worked under Frick’s supervision are significant. Among the subordinates of Frick were “Reich Health Leader, Dr. Conti,” “Reich Fuehrer SS and Chief of the German Police, Heinrich Himmler,” and “Reich Labor Service Leader, Konstantin Hierl.” Frick was, therefore, supreme commander of three important pillars of the Nazi state: The Nazi Public Health Service, the Police System, and the Labor Service.

The wide variety of the activities of Frick as Reich Minister of the Interior can be judged from the following catalogue of his functions: He had final authority on constitutional questions, drafted legislation, had jurisdiction over governmental administration and civil defense, and was final arbiter of questions concerning race and citizenship. The Manual for Administrative Officials also lists sections of his ministry concerned with administrative problems for the occupied territories, including annexed territories, the New Order in the South East, the Protectorate of Bohemia and Moravia, and the New Order in the East (3475-PS).

The Ministry of the Interior also had considerable authority over the civil service, including such matters as appointment, tenure, promotion, and discharge. The Manual for Administrative Officials (3475-PS) states that Frick’s functions included supervision of the general law of civil servants, civil servants’ policies, civil service aspirants, education and training of civil servants and political and other officials. Frick’s Ministry also had extensive jurisdiction over the German civil servants detailed to the administration of the occupied countries. This fact was admitted by Wilhelm Stuckart, former Under Secretary of Frick’s Ministry of the Interior, who stated in an interrogation:

“As far as I know, the officials for the new territories were selected by the Personnel Office [of the Ministry of the Interior] according to their qualifications, their physical condition and maybe also their knowledge of the language.” (3570-PS)

In the full use of these broad powers, Frick made his essential contribution to the advancement of the conspiracy.

(2) Nazi seizure of power of German States. His first act after the Conspirators’ accession to power was to install Nazi governments and administrations in all German States where they were not already in power. The State governments which refused to hand over their constitutional authority to the Nazi successors designated by Frick were removed on Frick’s orders. This was the case in Bavaria, Hamburg, Bremen, Luebeck, Hesse, Baden, Wuerttemberg, and Saxony.

The manner and purpose of this program was clearly stated in the book, “Dr. Frick and his Ministry,” which was published by his Under-Secretary Wilhelm Pfundner for Frick’s 60th birthday in order to establish the full scope of his contribution to the creation of the Nazis’ “Thousand-Year Reich”:

“While Marxism in Prussia was crushed by the hard fist of the Prussian Prime Minister, Hermann Goering, and a gigantic wave of propaganda was initiated for the Reichstag elections of 5 March 1933, Dr. Frick prepared the complete seizure of power in all states of the Reich. All at once the political opposition disappeared. All at once the Main [River] line was eliminated. From this time on only one will and one leadership reigned in the German Reich.” (3119-PS; 3132-PS)

(3) Abolition of political opposition. Frick then proceeded to destroy all opposition parties in order to establish the political monopoly of the Nazi Party over Germany. Here again he acted by legislative fiat against all parties which did not dissolve voluntarily. Among the laws which he initiated for this purpose were the law of 26 May 1933 confiscating Communists’ property (1396-PS); the law of 14 July 1933 confiscating property inimical to nation and state (1388-PS); the law of 7 July 1933 voiding the mandates of all Social Democrat candidates elected to Reich state and local diets (2058-PS); and the law of 14 July 1933 outlawing all political parties other than the Nazi Party (1388-A-PS; see 2403-PS).

Frick drafted and administered the laws which assured the control of the Nazi Party over the State and “placed the government machinery * * * at the disposal of the Party.” Chief among these enactments were the Law to Secure the Unity of Party and State, of 1 December 1933, which provided that all government agencies should “lend legal and administrative aid to the Party agencies” (1395-PS), and the law of 1 August 1934 consolidating the positions of Chief of State and Leader of the Party (2003-PS; see 3119-PS).

The success of this series of measures was accurately described by Frick himself in the following terms:

“In National Socialist Germany, leadership is in the hands of an organized community, the National Socialist Party; and as the latter represents the will of the nation, the policy adopted by it in harmony with the vital interests of the nation is, at the same time, the policy adopted by the country * * *.” (3258-PS)

(4) Consolidation of power in Reich Cabinet. Frick’s next task was to consolidate the executive and legislative control thus achieved. First he drafted the law of 24 March 1933, which gave the Reich Cabinet the power to legislate by decree. This law marked the end of parliamentary government in Germany (2001-PS).

As a further step in the same direction, Frick prepared a series of laws which destroyed all autonomous State and local government. Through these laws, all governmental power in Germany was consolidated in the Reich Cabinet. Administration of these laws was placed in the hands of Frick. These enactments include the Temporary Law for the Coordination of the States with the Reich, of 31 March 1933 (2004-PS); the Law for the Coordination of the States with the Reich, of 7 April 1933 (2005-PS); the law of 30 January 1934 transferring the sovereignty of the states to the Reich; the first ordinance under the law of 30 January 1934 subjecting state legislation to Reich approval, 2 February 1934; the second Reich Governor Law of 30 January 1935; the German Municipality Act of 30 January 1935 (2008-PS); and the law of 14 February 1934 abolishing the Reichsrat. (see 3119-PS; 2380-PS).

Frick drafted the laws which abolished the independence of the civil service, including functionaries of the Reich and the States, judges, and university teachers. As Reichsminister of the Interior, he was charged with the administration of these laws. Among these laws was the Civil Service Act of 7 April 1933, paragraphs 3 and 4 of which provided for the elimination of civil servants on the basis of religious or political beliefs (1397-PS; see 3119-PS).

This complete subjection of the civil servants to the Nazi-controlled Ministry of Interior was well illustrated by an order of Frick demanding a report on civil servants who had failed to vote in the Reichstag elections of 29 March 1936 (D-43).

(5) Establishment of the Police State. Having thus taken possession of the entire government machinery, Frick organized a huge Reich police in order to maintain the conspirators’ power against all opposition.

It should be emphasized that before this time there was no unified Reich police system; each individual German State had a police force of its own. Even then, Frick had complete control over the police forces, through the Reich Governor Act which subjected the State governments to the authority of the Reich government, in the person of the Reich Minister of the Interior (2005-PS; L-82).

The decisive change-over to centralized totalitarianism was effected by the Act of 17 June 1936 (RGBl, 1936, Part I, p. 487), which was signed by Frick and Hitler (2073-PS). Section 1 of this decree reads as follows:

“For the unification of police duties in the Reich, a Chief of German Police is instituted in the German Ministry of the Interior, to whom is assigned the direction and conduct of all police affairs.” (2073-PS)

Section 2 shows that it was Frick and Hitler, the signers of the decree, who appointed Himmler as Chief of the German Police. Paragraph 2, section 2 of the decree states that Himmler was “subordinated individually and directly to the Reich and Prussian Minister of the Interior” (2073-PS). In other words, Frick not only appointed Himmler but himself became, pursuant to this decree, the supreme commander of the Reich police system in his capacity as Reich and Prussian Minister of the Interior.

The official chart of the German police system (1852-PS; see Chart Number 16) clearly shows the position of Reichsministerof the Interior Frick as the head of the entire German police system. This includes the notorious RSHA, of which Kaltenbrunner became chief under Frick in January 1943 (3119-PS).

Frick used this newly created authority for the promotion of the Nazi conspiracy. By his decree of 12 February 1936 he established in detail the jurisdiction of the Secret State Police (Gestapo), especially over the concentration camps and in the field of political police information (2108-PS).

By his decree of 20 September 1936, published in the Ministerial Gazette of the Reich (Ministerialblatt des Reichs-und Preussischen Ministerium des Innern), 1936, page 1343, (2245-PS), Frick reserved for himself the authority to appoint inspectors of security police and ordered their close cooperation with the Party and with the Army. Furthermore, in an ordinance dated 18 March 1938 (RGBl, 1938, Part I, page 262) (1437-PS) concerning the reunion of Austria with the Reich, Frick authorized Himmler to take security measures in Austria without regard to previous legal limitations. Similarly, in his Decree of 11 November 1938 Frick ordered that all authorities cooperate closely with the SD and RSHA under Himmler (1638-PS).

Frick’s direct control over Himmler’s Reich police can also be shown in numerous other instances. It is necessary only to mention Himmler’s order of 26 June 1936 by which he authorized Reinhard Heydrich, Chief of the SD, and Kurt Daluege, Chief of the regular police, to sign “By order of the Minister of the Interior” (1551-PS; 1680-PS).

As a result, the Police and part of Himmler’s SS became in fact merged under Frick’s jurisdiction. An order by Hitler dated 17 August 1938 regulated the functions of the SS, which “have entered into close connection with the duties of the German police” in the Ministry of Interior (647-PS; see 1637-PS).

Similarly, Frick gave direct orders to the State Gestapo offices. Thus on 6 November 1934 Frick issued an order addressed, among others, to the Prussian Gestapo, prohibiting the publication of Protestant church announcements (1498-PS), and also issued a secret circular addressed, among others, to the Prussian Gestapo, subjecting Catholic youth organizations to severe restrictions (1482-PS).

It is not necessary here to repeat the evidence concerning the criminal activities of the German police, over which Frick had supreme authority. Reference is made to Chapter XI on Concentration Camps, Chapter XII on Persecution of the Jews, Section 6, Chapter VII on Persecution of the Church, and Chapter XV on the criminal organizations, such as the SA, SS, the Gestapo, and SD. Frick’s personal familiarity with these illegal activities may be illustrated by two striking instances. The first instance is contained in a synopsis of correspondence between the Reich Ministry of the Interior and its field offices from November 1942 through August 1943, concerning the legal aspects of the confiscation of property by the SS for the enlargement of the concentration camp at Auschwitz (1643-PS). This document contains the minutes of a meeting held on 17 and 18 December 1942 concerning the confiscation of this property. These minutes indicate that a further discussion was to be held on this subject on 21 December 1942, between the representatives of the Reichsminister of the Interior and the Reichsfuehrer SS. There is also a summary of a teletype letter, 22 January 1943, from Dr. Hoffman, representing the Reichsministerof the Interior, to the Regierungspraesident in Kattowitz, a provincial administrator under the direct jurisdiction of the Reichsministerof the Interior. The summary begins significantly with the sentence:

“The territory of the Auschwitz Concentration Camp will be changed into an independent estate.” (1643-PS)

A second illustration of Frick’s personal interest in the activities of Himmler’s police and SS is the fact that in 1943 Frick visited the concentration camp at Dachau, where he personally acquainted himself with the forced malaria inoculation of healthy camp inmates and with other experiments on human beings carried out by Dr. Rascher. This is borne out by the affidavit of Dr. Franz Blaha, a former inmate of the concentration camp at Dachau, who has stated that Frick made a special tour of inspection of the malaria and cooling experimental stations at Dachau (3249-PS).

(6) Suppression and terrorization of opponents. Having established this powerful police organization under his command, Frick used it especially in order to suppress all internal opposition. That this would be his aim he had repeatedly announced even in the years before 1933, when he declared that he was ready to establish the power of the conspirators with terror and violence (2513-PS).

As early as 1932, Frick threatened his opponents in the Reichstag with these words:

“Don’t worry, when we are in power we shall put all of you guys in concentration camps.” (L-83)

In pursuance of this long-planned campaign of political terrorism, Frick drafted and signed a series of decrees legalizing all those uses of the political police which he considered necessary in order to establish the dictatorial power of the conspirators within Germany.

Five days after the accession of the conspirators to power Frick signed the first law limiting the freedom of assembly and of the press in Germany. Then, on 28 February 1933, the day after the Reichstag fire, civil rights in Germany were abolished altogether by decree signed by Frick (1390-PS).

The preamble of this decree, which was published on the morning after the Reichstag fire, stated that the suspension of civil rights was decreed as a defense measure against Communist acts of violence endangering the State. At the time of publication of this decree, the Nazi government announced that a thorough investigation had proven that the Communists had set fire to the Reichstag building. It is not necessary here to go into the controversial question of who set fire to the Reichstag, but it should be stressed that the official Nazi statement that the Communists had set fire to the building, on which Frick’s law was predicated, was issued without any investigation. Proof of this fact is contained in an interrogation of Goering on 13 October 1945, which contains the following passage:

“Q. How could you tell your press agent, one hour after the Reichstag caught fire, that the Communists did it, without investigation? A. Did the public relations officer say that I said that? Q. Yes. He said you said it. A. It is possible when I came to the Reichstag, the Fuehrer and his gentlemen were there. I was doubtful at the time but it was their opinion that the Communists had started the fire. Q. But you were the highest law enforcement official in a certain sense. Daluege was your subordinate. Looking back at it now, and not in the excitement that was there once, wasn’t it too early to say without any investigation that the Communists had started the fire? A. Yes, that is possible, but the Fuehrer wanted it this way. Q. Why did the Fuehrer want to issue at once a statement that the Communists had started the fire? A. He was convinced of it. Q. It is right when I say he was convinced without having any evidence or any proof of that at this moment? A. That is right, but you must take into account that at that time the Communist activity was extremely strong, that our new government as such was not very secure.” (3593-PS)

This Act of 28 February 1933 also constituted the basis for the establishment of the concentration camps. Frick himself established in detail the handling of so-called “protective custody” under which inmates were held in concentration camps (779-PS; 1723-PS; L-302).

Frick also signed two laws designed specifically to suppress all criticism and opposition to the Government and the Nazi Party (1652-PS; 1393-PS).

Frick also signed the laws which brought about the suppression of independent labor unions as a potential source of opposition inside Germany to the progress of the Nazi conspiracy (405-PS; 1861-PS; 1770-PS). Among these decrees was the law providing for the confiscation of all labor union property in favor of the German Labor Front (1403-PS).

Furthermore, Frick and his subordinates took an active part in the persecution of the independent churches. An order of the Reichsminister of the Interior dated 6 November 1934 prohibited the publication of Protestant church announcements (1498-PS); likewise Frick issued a circular letter to Reich officials imposing severe restrictions on Catholic youth organizations (1482-PS). Frick further on 5 May 1938 wrote to the heads of government agencies proposing methods for invalidating the concordat between Austria and the Holy See (680-PS). His Ministry was also in correspondence with the SD from 1940-1942 concerning the confiscation of church property (R-101-A, through R-101-D).

D. FRICK’S PROMOTION OF RACIAL PERSECUTION AND RACISM.

Frick promoted the program of racial persecution and racism, involving the wiping out of the Jews, and the killing of the allegedly insane and others for whom the German war machine had no further use.

In addition to its many other responsibilities, the vast administrative empire of Frick controlled the enactment and administration of racial and eugenic legislation. The “Manual for German Administrative Officials” (3475-PS) shows the following additional functions of Frick’s Ministry: Health Administration, Social Hygiene; Heredity and Racial Welfare; Reich Plenipotentiary for Sanitaria and Nursing Homes; Board for the Examination of Physicians, Dentists and Pharmacists; and Reich Committee for Public Hygiene. Accordingly, Frick was the administrative guardian and protector of the German race.

(1) Persecution of Jews. Frick took charge of the legislative and administrative program through which the Nazi conspirators sought to wipe out the “non-Aryan” part of the German population. Here again he drafted, signed, and administered the basic legislation. Among these discriminatory enactments were the following: the Reich Citizens Law of 15 September 1935 depriving Jews of their citizenship rights (1416-PS); the law for the protection of German blood and honor, 15 September 1935, prohibiting mixed marriages (2000-PS); the first ordinance under the Reich Citizens Law, 14 November 1935, depriving Jews of the right to vote (1417-PS); the Civil Service Act of 7 April 1933 providing for the elimination of non-Aryan government workers (1397-PS); the decree of 20 May 1938 introducing the Nurnberg laws in Austria; the decree of 31 May 1941 introducing the Nurnberg laws in the annexed eastern territories (see 3119-PS).

Extending his program of persecution even to the religious practices of the Jews, Frick signed the decree which outlawed ritual slaughtering.

But the activities of Frick’s Ministry were not restricted to the commission of such crimes, camouflaged in the form of legislation. The police field offices, subordinates to Frick, participated in the organization of such terroristic activities as the pogrom of 9 November 1938. The pogrom was organized through a series of secret teletype orders issued by Heydrich (374-PS; 3051-PS). Afterward Heydrich reported on the loss of Jewish life and property resulting from the pogrom (3058-PS).

The pogroms gave the Nazi conspirators occasion to proceed to the complete elimination of the Jews from economic life and the confiscation of most of their property (1662-PS; 1409-PS).

Three days after this pogrom of 9 November 1938 Frick, his undersecretary Stuckart, and his subordinates Heydrich and Daluege, participated in a conference on the Jewish question under the chairmanship of Goering. At this meeting various measures were discussed which the individual governmental departments should initiate against the Jews. Goering’s concluding remark in that conference was:

“Also the Minister of the Interior and the Police will have to think over what measures will have to be taken.” (1816-PS).

It was, accordingly, Frick’s duty to follow up by administrative action the pogrom organized by Frick’s own subordinates.

Thereafter, Frick signed the Law of 23 July 1938 ordering a special registration for all Jews, in order to establish the strictest possible control over the Jewish population.

After the outbreak of the war Heydrich issued an order in Frick’s name, compelling all Jews to wear a yellow star in public (2118-PS).

Among the Ordinances which Frick issued under the Reich Citizen Law of 15 September 1935, special mention should be made of the 11th Ordinance of 25 November 1941, which ordered the confiscation of the property of all deported or emigrated Jews; and the 13th Ordinance, under which the Jews were deprived of all legal protection and completely handed over to the jurisdiction of the police (1422-PS; 3085-PS).

Stuckart, Under-Secretary in the Ministry of Interior, characterized this legislation as the essential preparation for the “final solution of the Jewish question” (3131-PS).

(2) Measures against “Inferior Racial Stock.” The Public Health Service was administered as a division of Frick’s Ministry. One of its subdivisions was devoted to race and heredity problems (3123-PS). In his capacity as chief of this service Frick drafted the basic law controlling sterilization of persons afflicted with “hereditary diseases” (3067-PS). Its administration was in the hands of his Ministry (D-181; L-305).

E. FRICK’S PARTICIPATION IN THE PREPARATIONS FOR AGGRESSIVE WAR.

Frick wholeheartedly supported the conspirators’ preparations for war. It was his position that:

“Germany would observe her international undertakings only so long as it suited Germany’s interests to do so.” (2385-PS)

Frick, as Reich Minister of the Interior, was

“The ‘civilian’ defense minister and as such cooperated prominently * * * in the important field of ‘defense legislation’ and thereby in the development of * * * Germany’s armed forces.” (3119-PS)

Frick’s Ministry had a division entitled “Armed Forces and Reich Defense” (3303-PS).

(1) Rearmament and reinstitution of military service. Frick took a leading part in Germany’s rearmament in violation of the Versailles Treaty. He drafted the basic laws on military sevice. These include the law of 16 March 1935 reintroducing universal military conscription (1654-PS); the decree of 6 March 1936 extending military and labor service to German citizens abroad; the decree of 16 June 1938 extending the military service law to Austria (1660-PS); and the decree of 30 April 1940 extending the Military Service Law to the incorporated eastern territories (see 3043-PS; 1389-PS; 388-PS, item 20).

Frick also supported the military training program of the SA, for the financing of which his Ministry of Interior was called upon to supply funds (1850-PS).

Additional evidence that Frick contributed to Germany’s rearmament for aggressive war is contained in a secret order, 25 July 1933, from the Supreme Command of the SA on the subject, “Publications of the SA.” This order states that several days before 25 July 1933 the Reich Ministry of the Interior at the request of the Foreign Office gave strict instructions to all Reich authorities that the most severe control was to be exercised over all publications which might give other countries an opportunity to construe German activities as infringements of the Versailles Treaty (D-44).

(2) Fifth column activities abroad. In further preparation for the aggressive wars planned by the conspirators, Frick used his power, prestige, and funds as Minister of the Interior in order to command support for the organization of a Fifth Column abroad among foreign nationals of German ancestry. In a circular of 24 February 1933 issued less than a month after the conspirators had taken over the government of Germany, Frick ordered all State governments to support, especially financially, the organization work of the League for Germandom Abroad among the

“30 million Germans in foreign countries [Auslandsdeutschen.] outside of the present contracted borders of the Reich [who] are an integral part of the entire German people.” (3258-PS)

Frick at a later date stated even more clearly the true purpose of this German Fifth Column he was helping to organize abroad. In his speech at the twentieth annual meeting of the official German Foreign Institute held in Stuttgart, on 11-15 August 1937, Frick stated that—

“the new Germany has recognized that its attention and devotion to the welfare of the millions of Germans who have not the fortune to owe political allegiance to Germany, but who are condemned to live abroad, are not merely a matter of natural sympathy and solidarity, but are in a higher degree dictated by the strong political and economic interests of the Reich.” (3258-PS)

(3) Organization of civilian agencies for war. Frick’s principal contribution to the war preparations of the Nazi conspirators lay in his role as General Plenipotentiary for the Administration of the Reich. He occupied this position as a member of the Reich Defense Council, beginning on 21 May 1935 (2978-PS).

In this capacity, Frick had complete authority over

“the uniform direction of the nonmilitary administration with the exception of the economic administrations.”

He was given control over the Ministries of Interior, Justice, Education, Churches, and the Office for Spatial Planning, in order to direct their entire planning activities in preparation of war (2986-PS; 2194-PS). This was Frick’s responsibility during the more than 4 years that elapsed before the actual launching of the conspirators’ first aggressive war.

As General Plenipotentiary for the Administration, Frick was a member of the so-called Three-Man Committee, with Schacht, later Funk (Economy), and Keitel (OKW). This small group, which was empowered to legislate by decree on all matters relating to war preparedness, represented during these decisive years, from 1935 to 1939, a compact, powerful body in which could be concentrated the conspirators’ preparations for war (2986-PS; see also Section 3, chapter XV on the Reich Cabinet).

In a speech made on 7 March 1940 at the University of Freiburg, Frick admitted the significant part he played in the preparations for war and as a member of the triumvirate created by the secret Reich Defense Law.

“* * * The organization of the nonmilitary national defense fits organically into the entire structure of the National Socialist government and administration. This state of affairs is not exceptional, but a necessary and planned part of the National Socialist order. Thus, the conversion of our administration and economy to wartime conditions has been accomplished very quickly and without any friction—avoiding the otherwise very dangerous changes of the entire structure of the State.

“The planned preparation of the administration for the possibility of a war has already been carried out during the peace. For this purpose, the Fuehrer appointed a Plenipotentiary General for the Reich Administration and a Plenipotentiary General for the Economy. The Plenipotentiary General for the Administration was placed in charge of the coordination of the nonmilitary administrations, with the exception of the Administration of Economics.” (2608-PS)

F. FRICK’S PARTICIPATION IN THE CONSPIRACY TO COMMIT WAR CRIMES.

Frick, as Minister of the Interior, was charged with the administrative policy for all occupied and annexed territories. For this purpose, the Ministry contained a Division for Incorporated Territories, with Subdivisions entitled Reorganization in the South-East, the Protectorate, the East, and the West (3475-PS).

When the Nazi conspirators embarked on their program of “bloodless” territorial aggrandizement, Frick was in control of the incorporation and administration of these territories. Thus, it was Frick’s Ministry which introduced the German New Order and German law throughout the territories of Europe occupied by the German Armed Forces. Frick exercised these powers in the Saar; in Austria (2307-PS; 3075-PS); in the Sudetenland (3076-PS); in Bohemia and Moravia (2119-PS); in Memel; and in Danzig (3077-PS).

When the conspirators started their aggressive Wars, Frick was specifically charged with the organization and integration of the territories illegally annexed by Germany. Among the territories over which Frick was given control were the Incorporated Eastern Territories, the Gouvernment-General of Poland, Eupen, Malmedy, and Moresnot, and Norway.

In the exercise of this over-all administrative control:

(1) Frick provided in detail for the administration of occupied Polish Territory. It was Frick who was responsible for the installation of an SS Chief in the Territory in charge of the Police and the forced resettlement program (3304-PS).

(2) Frick provided the administrative personnel for the government of these occupied territories. Thus, he arranged for the selection and assignment of hundreds of occupation officials for Russia before the invasion had even begun (1039-PS).

Similarly, Wilhelm Stuckart, former Under-Secretary of the Interior under Frick, has stated in an interrogation:

“As far as I knew, the officials for the new territories were selected by the Personnel Office [of the Ministry of the Interior] according to their qualifications, their physical condition, and maybe also their knowledge of the language.” (3570-PS)

(3) Frick had complete charge of the program of denationalization, under which certain groups of citizens in annexed territories were forced during the progress of the war to abandon their original national allegiance and to accept German nationality. The decree of 4 March 1941 established a German Racial Registry under which allied nationals of German stock were required to accept German nationality and to remove to German territory (2917-PS). Among the conquered territories in which these activities of Frick were felt were Bohemia and Moravia, Upper Corinthia and Lower Styria, Eupen, Malmedy, and Moresnot, and the Incorporated Eastern Territories (see 3225-PS).

These measures place upon Frick a full share of responsibility for the war crimes committed by the conspiracy in the occupied and annexed territories.

G. FRICK’S PARTICIPATION IN THE CONSPIRACY TO COMMIT CRIMES AGAINST HUMANITY.

Frick actively participated in the execution of the conspirators’ program of atrocities and Crimes against Humanity. Even without such personal participation, however, Frick has admitted that he could properly be charged with having for 12 years continued in the Reich Cabinet, after he had realized the direction the conspiracy was taking (3043-PS).

The scope of Frick’s personal and direct responsibility for Nazi Crimes against Humanity is so broad that reference need be made only to a few of the most significant instances.

(1) Gestapo atrocities and concentration camps. Frick, as jurisdictional head of the German Police Administration, is responsible for the crimes and atrocities perpetrated by the German police, especially the Gestapo and SD, inside and outside of Germany. (See 1643-PS; also Chapter XI on Concentration Camps.)

As already stated, Frick demonstrated particular interest in the “medical” experiments carried on in the concentration camps under the personal direction of Himmler. Frick paid a personal visit to Germany’s oldest concentration camp, Dachau, in 1943, for the purpose of inspecting the malaria station and Dr. Rascher’s Experimental Station (3249-PS). There he could personally acquaint himself with the forced subjection of healthy camp inmates to malarial mosquitos and the air-pressure and freezing experiments on human beings carried on by Dr. Rascher.

(2) Oppression of inhabitants of occupied territories. As administrative head of the occupied territories, Frick issued decrees depriving the inhabitants of their rights and subjecting them to a cruel and discriminatory regime. Among these enactments were the decree of 4 December 1941 establishing a special penal law for the Polish and Jewish inhabitants of the Gouvernment General (R-96), (1249-PS); the decree of 1 July 1943 depriving Jews of rights remaining to them under the decree of 4 December 1941 (1422-PS); and the Himmler ordinance of 3 July 1943 charging the Gestapo with the execution of the decree of 1 July 1943 (published in Frick’s Ministry of Interior Gazette 1943, p. 1085) (3085-PS).

Similarly, the Decree on the Utilization of Eastern Workers, which required that they be paid salaries substantially below those fixed for German workers holding similar jobs, was signed in Frick’s name by his Secretary of State.

(3) Systematic killing of insane, ill, aged, and incapacitated foreign slave laborers. Frick’s greatest guilt perhaps rests on his responsibility, as Reich Minister of the Interior, for the systematic killing of the insane, the sick, and the aged, including those foreign forced laborers who were no longer able to work. These killings were carried out in nursing homes, hospitals, and asylums. Frick, in his capacity of Reichsminister of the Interior, had full jurisdiction over all these institutions (3475-PS).

Proof that the Reichministry of the Interior under Frick actually exercised this jurisdiction is to be found in a letter of 2 October 1940 (621-PS) from the Chief of the Reich Chancellery, Dr. Lammers, to the Reichsminister of Justice. The letter informed the Minister of Justice that the Chief Prosecutors’ reports concerning the death of inmates of nursing homes had been transmitted to the Reichsminister of the Interior for further action (621-PS). Through other correspondence Frick’s Ministry of the Interior was informed of the unexplained deaths of insane persons (1696-PS; 1969-PS).

The most striking example of the continued killings in these institutions, which were under Frick’s jurisdiction, is the famous Hadamar case. Systematic killing started at the Hadamar nursing home as early as 1939. At least as early as 1941 Frick was officially acquainted with the fact that these killings had become public knowledge. Proof is found in a letter from the Bishop of Limburg of 13 August 1941 to the Reichsminister of Justice, copies of which were sent to the Reichsminister of the Interior and the Reichsministerfor Church Affairs. The letter reads in part as follows:

“* * * About 8 kilometers from Limburg, in the little town of Hadamar, on a hill overlooking the town, there is an institution which had formerly served various purposes and of late had been used as a nursing home; this institution was renovated and furnished as a place in which, by consensus of opinion, the above-mentioned Euthenasia has been systematically practiced for months—approximately since February 1941. The fact has become known beyond the administrative district of Wiesbaden, because death certificates from a Registry Hadamar-Moenchberg are sent to the home communities. * * *

“Several times a week buses arrive in Hadamar with a considerable number of such victims. School children of the vicinity know this vehicle and say: ‘There comes the murder-box again.’ After the arrival of the vehicle, the citizens of Hadamar watch the smoke rise out of the chimney and are tortured with the ever-present thought of the miserable victims, especially when repulsive odors annoy them, depending on the direction of the wind.

“The effect of the principles at work here are: Children call each other names and say, ‘You’re crazy; you’ll be sent to the baking oven in Hadamar.’ Those who do not want to marry, or find no opportunity, say ‘Marry, never! Bring children into the world so they can be put into the bottling machine!’ You hear old folks say, ‘Don’t send me to a state hospital! After the feeble-minded have been finished off, the next useless eaters whose turn will come are the old people.’

“* * * The population cannot grasp that systematic actions are carried out which in accordance with Par. 211 of the German criminal code are punishable with death! * * *

“Officials of the Secret State Police, it is said, are trying to suppress discussion of the Hadamar occurrences by means of severe threats. In the interest of public peace, this may be well intended. But the knowledge and the conviction and the indignation of the population cannot be changed by it; the conviction will be increased with the bitter realization that discussion is prohibited with threats but that the actions themselves are not prosecuted under penal law.

“Facta loquuntur.

“I beg you most humbly, Herr Reich Minister, in the sense of the report of the Episcopate of July 16 of this year, to prevent further transgressions of the Fifth Commandment of God.

“(Signed) Dr. Hilfrich” (615-PS).

Nevertheless, the killings in these institutions continued year after year. This is shown by a certified copy of the charge, specifications, and findings of the U. S. Military Commission at Wiesbaden, against the individuals who operated the Hadamar Sanitarium, where many Russians and Poles were done away with. In this particular proceeding, seven defendants were charged with the murder in 1944 and 1945 of 400 persons of Polish and Russian nationality. Three of the defendants were sentenced to be hanged; the other four were sentenced to confinement at hard labor (3592-PS).

But the murdering in Hadamar was only part of a systematic program. The official report of the Czechoslovak War Crimes Commission, entitled “Detailed Statement on the Murdering of Ill and Aged People in Germany,” shows that Frick was one of the originators of the secret law of 1940, which authorized the killing of sick and aged persons and under which the Hadamar “murder mill” was operated until 1945. The first 3 paragraphs of that report read as follows:

“1. The murdering can be traced back to a secret law which was released some time in the summer of 1940.

“2. Besides the Chief Physician of the Reich, Dr. L. Conti, the Reichsfuehrer SS Himmler, the Reichsminister of the Interior Dr. Frick, as well as other men, the following participated in the introduction of this secret law * * *.

“3. As I have already stated, there were—after careful calculation—at least 200,000 mainly mentally deficient, imbeciles, besides neurological cases and medically unfit people—these were not only incurable cases—and at least 75,000 aged people.” (1556-PS).

Thus, Frick bears full responsibility for the systematic killing of the “unproductive eaters,” for whom the Nazi war machine had no use.

(4) Oppression in Bohemia and Moravia. The final phase of Frick’s criminal activities began with his appointment as Protector in Bohemia and Moravia, on 20 August 1943 (3086-PS).

His authority was clearly defined in a Secret Decree issued on 29 August 1943. That Decree provided that the Reich Protector was “the representative of the Fuehrer in his capacity as Chief of State.” In addition to this over-all authority, Frick was given jurisdiction “to confirm the members of the government of the Protectorate, to appoint, dismiss and retire the German civil servants in the Protectorate.” He was given full power “to grant pardons and to quash proceedings in all cases except in cases before the Military and SS Police Courts” (1366-PS).

These broad powers establish the clear responsibility of Frick for the crimes committed in the Protectorate under his administration during the last 20 months of the War. As representative of the Fuehrer in the Protectorate, he covered these criminal acts with Hitler’s name and absolute power.

As a single example of these crimes, reference may be made to Supplement 6 to the official Czechoslovak Report on German Crimes Against Czechoslovakia:

“During the tenure of office of defendant Wilhelm Frick as Reich Protector of Bohemia and Moravia from August 1943 until the liberation of Czechoslovakia in 1945, many thousands of Czechoslovak Jews were transported from the Terezin ghetto in Czechoslovakia to the concentration camp at Oswiecziem (Auschwitz) in Poland and were there killed in the gas chambers.” (3589-PS).

Frick was also fully responsible for the multiple and notorious miscarriages of justice by which the population of the Protectorate was systematically persecuted and oppressed. His failure to correct these miscarriages of justice through the exercise of his right to grant pardons and to quash legal proceedings is tantamount to a confirmation of the cruel and illegal sentences imposed upon the inhabitants of the Protectorate (1556-PS; 3589-PS).

Frick’s specific responsibility on these counts must be added to the over-all responsibility which he bears because of the fact that he was in power as Reich Protector while such Crimes against Humanity were committed against the population of Bohemia and Moravia (3443-PS).

H. CONCLUSION.

Frick, who joined the Nazi conspiracy at its early beginning, played within the conspiracy the role of expert administrator and coordinator of State and Party affairs. Misusing his governmental positions in the pre-Hitler era, he gave aid and protection to the conspirators when they were still weak. He supported them in their first attempt to come into power by force, expecting to gain high office from their success. He was the first to carry their revolutionary program from the Beer Hall to the Reichstag Rostrum. As their earliest important office-holder (in Thuringia), he developed for the first time their totalitarian and terroristic methods of political and intellectual control.

Upon the accession to power of the Nazi conspirators on 30 January 1933, Frick took over the vital Ministry of Interior. From this position he directed the realization of the entire domestic program of the conspiracy. He took complete charge of the successive destruction of the parliamentary system, of autonomous State and local government, and of the career civil service. He planned and executed the measures which subjected the government itself to the domination of the Nazi Party. He then proceeded to establish a huge Reich Police Force under Himmler, which became the instrument with which the Nazi conspirators terrorized and ultimately “liquidated” all opposition inside and outside Germany in concentration and extermination camps.

In order to give the semblance of law to the criminal acts of the conspirators, Frick drafted legislation to withdraw constitutional protection from the rights and liberties which they had determined to wipe out. He participated in the relentless and violent persecution of all persons and groups who were considered as actual or potential opponents of the conspirators’ plans. Among these were the churches, the free trade unions, and especially the Jews.

Having secured absolute control over Germany for the conspirators, Frick proceeded to bring the German people and State into readiness for the wars of aggression planned by the conspirators. He established the system of military and labor service on which the Wehrmacht was to rest. He took over the planning of Germany’s civilian wartime administration, which was to back it up. In this capacity he organized and supervised the killing of the useless eaters, the insane, crippled, aged, and such foreign forced laborers who were no longer able to work.

As the Nazi conspirators began to achieve their predatory aims, Frick was active in the coordination of the administration of the territories and peoples which fell into Nazi hands. He presided over the annexation of territories and the denationalization of their inhabitants in violation of the Hague Conventions. When the conspirators were ready to proceed to the realization of their ultimate goals, especially the complete enslavement and annihilation of conquered populations, Frick devised the basic legislation for their disfranchisement and finally took personal charge of one of the oppressed nations, Czechoslovakia.

Thus, Frick was one of the principal artisans of the conspiracy throughout its course. His contribution to its progress was essential in all its phases, and decisive in many. He nurtured the conspiracy, directed its followers, terrorized its opponents, and destroyed its victims.

I. POSITIONS HELD BY FRICK.

(1) Between 1932 and 1945 Frick held the following positions:

(a) Member of the Nazi Party, 1925-1945 (3127-PS).

(b) Reichsleiter (Member of the Party Directorate) in his capacity as Fraktionsfuehrer (Floorleader) of NSDAP in the Reichstag.

(d) Reich Minister of the Interior, 30 January 1933-20 August 1943 (2381-PS; 3086-PS).

(e) Prussian Minister of the Interior, 1 May 1934-20 August 1943 (3132-PS; 3086-PS).

(f) Reich Director of Elections, 30 January 1933-20 August 1943 (3123-PS; 3086-PS).

(g) General Plenipotentiary for the Administration of the Reich, 21 May 1935-20 August 1943 (2978-PS; 3086-PS).

(h) Head of the Central Office for the Reunification of Austria and the German Reich (2307-PS; 1060-PS; 3123-PS).

(i) Director of the Central Office for the Incorporation of Sudetenland, Memel, Danzig, the Eastern Incorporated Territories, Eupen, Malmedy, and Moresnot (3076-PS; 3077-PS).

(j) Director of the Central Office for the Protectorate of Bohemia, Moravia, the Government General, Lower Styria, Upper Carinthia, Norway, Alsace, Lorraine, and all other occupied territories (2119-PS; 3123-PS).

(k) Reich Protector for Bohemia and Moravia, 20 August 1943-1945 (3086-PS).

(2) Between 1917 and 1945, Wilhelm Frick held the additional following positions:

(a) Chief of the Criminal (later the Political) Division of the Munich Police Department, 1917-1923 (2381-PS).

(b) Fraktionsfuehrer (Floorleader) of the NSDAP in the Reichstag, 1927-1945 (2381-PS).

(d) Member of the Reich Defense Council, 21 May 1935-20 August 1943 (2978-PS).

(e) Member of the Ministerial Council for the Defense of the Reich, 30 August 1939-20 August 1943 (2018-PS).

(f) Reich Minister without Portfolio, 20 August 1943-1945 (3086-PS).

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO WILHELM FRICK

10. JULIUS STREICHER

Through his words and his deeds Julius Streicher assumed for himself the unofficial title of “Jew-baiter Number One” of Nazi Germany. For the course of some twenty-five years, Streicher educated the German people in hatred and incited them to the persecution and to the extermination of the Jewish race. He was an accessory to murder, on a scale perhaps never attained before.

A. STREICHER’S CAREER AND POSITIONS.

Streicher was born in 1885. He became a school teacher in Nurnberg and formed a party of his own, which he called the German Socialist Party. The chief policy of that party was anti-semitism. In 1922 he handed over his party to Hitler, who wrote a glowing account of Streicher’s generosity in Mein Kampf (M-3).

The appointments which Streicher held in the Party and state were few. From 1921 until 1945, he was a member of the Nazi Party. In 1925 he was appointed Gauleiter of Franconia, and he remained as such until about February 1940. From the time that the Nazi government came into power in 1933 until 1945 he was a member of the Reichstag. In addition to that, he held the title of Obergruppenfuehrer in the SA (2975-PS).

The propaganda which Streicher carried out throughout those years was chiefly done through the medium of his newspapers. He was the editor and publisher of “Der Stuermer” from 1922 until 1933, and thereafter the publisher and owner of the paper. In 1933 he also founded and thereafter published a daily newspaper called the “Fraenkische Tageszeitung.”

In addition, in later years he published several other papers, mostly local journals, from Nurnberg.

B. STREICHER’S PART IN THE REMOVAL OF OPPOSITION THROUGH ANTI-JEWISH PROPAGANDA AND INCITEMENT.

The course of Streicher’s incitement and propaganda may be traced more or less in chronological order by referring to short extracts from “Der Stuermer.” The extracts which follow were selected at random. They were selected with a view to showing the various methods which Streicher employed to incite the German people against the Jewish race, but his newspapers are crowded with them, week after week, day after day. It is impossible to pick up any copy without finding the same kind of invective and incitement in the headlines and in the articles.

In a speech which Streicher made in 1922 in Nurnberg, after abusing the Jews in the first paragraph, he went on to say:

“We know that Germany will be free when the Jew has been excluded from the life of the German people.” (M-11).

In a speech in 1924 he stated:

“I beg you and particularly those of you who carry the cross throughout the land to become somewhat more serious when I speak of the enemy of the German people, namely, the Jew. Not out of irresponsibility or for fun do I fight against the Jewish enemy, but because I bear within me the knowledge that the whole misfortune was brought to Germany by the Jews alone.

“I ask you once more, what is at stake today? The Jew seeks domination not only among the German people but among all peoples. The communists pave the way for him. Do you not know that the God of the Old Testament orders the Jews to consume and enslave the peoples of the earth?

“The government allows the Jew to do as he pleases. The people expect action to be taken. You may think about Adolf Hitler as you please, but one thing you must admit. He possessed the courage to attempt to free the German people from the Jew by a national revolution. That was action indeed.” (M-12).

In a speech in April 1925 Streicher declared:

“You must realize that the Jew wants our people to perish. That is why you must join us and leave those who have brought you nothing but war, inflation, and discord. For thousands of years the Jew has been destroying the nations. Let us make a new beginning today so that we can annihilate the Jews.” (M-13).

This appears to be the earliest expression of one of the conspirators’ primary objectives—the annihilation of the Jewish race. Fourteen years later it became the official policy of the Nazi Government.

In April 1932 Streicher made the following statement:

“For 13 years I have fought against Jewry.”

* * * * * *

“We know that the Jew whether he is baptized as a Protestant or as a Catholic, remains a Jew. Why cannot you realize, you Protestant clergymen, you Catholic priests, you who have scales before your eyes and serve the god of the Jews who is not the God of Love but the God of Hate. Why do you not listen to Christ, who said to the Jews, ‘You are children of the devil’.” (M-14).

(1) The Anti-Jewish Boycott of 1933.

When the Nazi Party came to power, they officially started their campaign against the Jews by the boycott of 1 April 1933. The boycott was agreed on and approved by the whole government, as appears from Goebbels’ diary (2409-PS).

Streicher was appointed the chairman of the central committee for the organization of that boycott. He started his work on Wednesday, 29 March (2156-PS).

On that same day the central committee issued a proclamation announcing that the boycott would start on Saturday at 10:00 AM sharp:

“Jewry will realize whom it has challenged.” (M-7).

On 30 March, two days before the boycott was due to start, an article was published under the title, “Defeat the Enemy of the World!—by Julius Streicher, official leader of the central committee to combat the Jewish atrocity and boycott campaign” (2153-PS). The article stated, in part:

“Jewry wanted this battle. It shall have it until it realizes that the Germany of the brown battalions is not a country of cowardice and surrender. Jewry will have to fight until we have won victory.

“National Socialists! Defeat the enemy of the world. Even if the world is full of devils, we shall succeed in the end.” (2153-PS).

As head of the central committee for that boycott, Streicher outlined in detail the organization of the boycott in orders which the committee published on 31 March 1933 (2154-PS). The committee stressed that no violence should be employed against the Jews during the boycott, but not for humanitarian reasons. The order was issued because, if no violence were employed, Jewish employers would have no grounds for discharging their employees without notice, and for refusing to pay them any wages. The Jews were also reported, apparently, to be transferring businesses to German figureheads in order to alleviate the results of this persecution; accordingly the committee declared that any property so transferred was to be considered as Jewish for the purpose of the boycott (2154-PS).

It is therefore clear that early in 1933 Streicher was taking a leading part, as appointed by the Government, in the persecution against the Jews.

Further extracts from Streicher’s newspapers illustrate the form which his propaganda developed as the years went on. An article in the New Year’s issue of a new paper founded and edited by Streicher—a semimedical paper called “The People’s Health Through Blood and Soil”—is an example of the remarkable lengths to which he went in propagandizing against the Jews:

“It is established for all eternity; alien albumen is the sperm of a man of alien race. The male sperm in cohabitation is partially or completely absorbed by the female, and thus enters her bloodstream. One single cohabitation of a Jew with an Aryan woman is sufficient to poison her blood forever. Together with the alien albumen she has absorbed the alien soul. Never again will she be able to bear purely Aryan children, even when married to an Aryan. They will all be bastards, with a dual soul and a body of a mixed breed. Their children will also be crossbreeds; that means, ugly people of unsteady character and with a tendency to illnesses. Now we know why the Jew uses every artifice of seduction in order to ravish German girls at as early an age as possible; why the Jewish doctor rapes his patients while they were under anaesthetic. He wants the German girl and the German woman to absorb the alien sperm of the Jew. She is never again to bear German children. But the blood products of all animals right down to the bacteria like the serum, lymph, extracts from internal organs etc., are all alien albumen. They have a poisonous effect if directly introduced into the blood stream either by vaccination or by injection. By these products of sick animals the blood is ravished, the Aryan is impregnated with an alien species. The author and abettor of such action is the Jew. He has been aware of the secrets of the race question for centuries, and therefore plans systematically the annihilation of the nations which are superior to him. Science and authorities are his instruments for the enforcing of pseudo-science and the concealment of truth.” (M-20).

At the beginning of 1935, the following extract, entitled “The Chosen People of the Criminals,” appeared in “Der Stuermer”:

“* * * and all the same, or, let us say, just because of this, the history book of the Jews, which is usually called the Holy Scriptures, impresses us as a horrible criminal romance, which makes the 150 penny-dreadfuls of the British Jew, Edgar Wallace, go green with envy. This ‘holy’ book abounds in murder, incest, fraud, theft, and indecency.” (2697-PS).

In a speech on 4 October 1935 (the month following the proclamation of the Nurnberg Decrees) Streicher made a speech which is reported in the Voelkischer Beobachter and is entitled in that newspaper “Safeguard of German Blood and German Honor.” The report in that article reads in part:

“Gauleiter Streicher speaks at a German Labor Front mass demonstration for the Nurnberg laws.”

* * * * * *

“We have therefore, to unmask the Jew, and that is what I have been doing for the past fifteen years.” (M-34).

In a leading article in “Der Stuermer” Streicher again emphasized the part which he himself had taken in this campaign:

“The ‘Stuermer’s’ 15 years of work of enlightenment has already led an army of those who know—millions strong—to National Socialism. The continued work of the ‘Stuermer’ will help to ensure that every German down to the last man will, with heart and hand, join the ranks of those whose aim it is to crush the head of the serpent Pan-Juda beneath their heels. He who helps to bring this about helps to eliminate the devil, and this devil is the Jew.” (M-6).

The extraordinary length to which Streicher went in his propaganda is illustrated by the publication in “Der Stuermer” of a photograph of the burning hull of the airship “Hindenburg,” which caught fire in June 1937 in America. The caption beneath the picture includes the comment:

“The first radio picture from the United States of America shows quite clearly that a Jew stands behind the explosion of our airship Hindenburg. Nature has depicted clearly and quite correctly that devil in human guise.”

Although it is not clear from that photograph, the meaning of that comment is apparently that the cloud of smoke in the air is in the shape of a Jewish face.

In a speech in September 1937 at the opening of the Wilhelm Gustloff bridge in Nurnberg, Streicher declared:

“The man who murdered Wilhelm Gustloff had to come from the Jewish people, because the Jewish text books teach that every Jew has the right to kill a non-Jew, and, indeed, that it is pleasing to the Jewish God to kill as many non-Jews as possible.

“Look at the way the Jewish people have been following for thousands of years past; everywhere murder, everywhere mass murder. Neither must we forget that behind present-day wars there stands the Jewish financier who pursues his aims and interests. The Jew always lives on the blood of other nations; he needs such murder and such victims. For us who know, the murder of Wilhelm Gustloff is the same as ritual murder.”

* * * * * *

“It is our duty to tell the children at school and the bigger ones what this memorial means.”

* * * * * *

“The Jew no longer shows himself among us openly as he used to. But it would be wrong to say that victory is ours. Full and final victory will have been achieved only when the whole world has been rid of Jews.” (M-4).

Extracts from the correspondence columns of “Der Stuermer,” show another method which Streicher employed in his propaganda (M-26; M-27; M-28). The correspondence columns of every issue are full of purported “letters” from Germans protesting that some German has been buying shoes from a Jewish shop, etc., thus by printing these letters assisting in the general boycott of the Jews.

(2) “Ritual Murder” Propaganda.

Another form of propaganda employed by Streicher concerned the “Ritual Murder.” Sometime in 1934 “Der Stuermer” began publishing accounts of Jewish ritual murder which horrified the whole world to such an extent that even the Archbishop of Canterbury, together with people from every country in the world, protested that any government should allow such matter to be published in their national newspapers.

Streicher based his ritual murder propaganda on a medieval belief that during their Eastertide celebrations the Jews were in the habit of murdering Christian children. Streicher misrepresented this medieval belief to make it appear that not only was this done in the Middle Ages, but that the Jews are still doing it and still want to do it. A few passages from “Der Stuermer” together with descriptions of photographs published therein will illustrate the type of propaganda that Streicher was putting out concerning “ritual murder”:

“This the French front-line soldier should take with him to France: The German people have taken a new lease of life. They want peace, but if anyone tries to attack them, if anyone tries to torture them again, if anyone tries to push them back into the past, then the world would see another heroic epic; then heaven will decide where righteousness lies—here, or where the Jew has the whiphand and where he instigates massacres, one could almost say the biggest ritual murders of all times. If the German people are to be slaughtered according to the Jewish rites, the whole world will be thus slaughtered at the same time.”

* * * * * *

“As you have drummed morning and evening prayers into your children’s heads, so now drum this into their heads, so that the German people may gain the spiritual power to convince the rest of the world which the Jews desire to lead against us.” (M-2).

A photograph published in “Der Stuermer” in April 1937 purports to show three Jews ritually murdering a girl by cutting her throat, with the blood pouring out into a bucket on the ground. The caption underneath that photograph is as follows:

“Ritual murder at Polna. Ritual murder of Agnes Hruza by the Jews Hilsner, Erdmann[sic], and Wassermann, taken from a contemporary postcard.”

Another article in “Der Stuermer”, in April 1937, describes what is alleged to happen when ritual murder takes place, and the blood is mixed with the bread and drunk by the Jews in their feast. During the feast the head of the family is supposed to explain:

“May all gentiles perish—as the child whose blood is contained in the bread and wine.” (2699-PS).

An article in “Der Stuermer” for July 1938 has these further remarks to make on “ritual murder”:

“Whoever had the occasion to be an eye-witness during the slaughtering of animals or to see at least a truthful film on the slaughtering will never forget this horrible experience. It is atrocious. And unwillingly, he is reminded of the crimes which the Jews have committed for centuries on men. He will be reminded of the ritual murder. History points out hundreds of cases in which non-Jewish children were tortured to death. They also were given the same incision through the throat as is found on slaughtered animals. They also were slowly bled to death while fully conscious.” (2700-PS).

On special occasions, or when Streicher had some particular subject matter to put before Germany, he was in the habit of issuing special editions of “Der Stuermer.” “Ritual murder” was such a special subject that he issued one of these special editions dealing solely with it, in May 1939. One of the photographs published in this issue shows a child having knives stuck into its side, from which blood is spurting; and below the pedestal on which the child stands are five presumably dead children bleeding on the ground. The caption beneath that picture reads as follows:

“In the year 1476 the Jews in Regensburg murdered six boys. They drew their blood and tortured them to death in an underground vault which belongs to the Jew Josfel. The judges found the body of the murdered boys; and blood stains are on an altar.”

Two other pictures are explained by their captions. One reads:

“For the Jewish New Year celebrations in 1913, World Jewry published this picture. On the Jewish New Year and on the Day of Atonement the Jews slaughtered a so-called ‘kapores’ cock; that is to say, dead cock, whose blood and death is intended to purify the Jews. In 1913 the ‘kapores’ cock had the head of the Russian Czar Nicholas II. By publishing this postcard the Jews intended to say that Nicholas II would be their next purifying sacrifice. On the 6th of July 1918, the Czar was murdered by the Jews Jurowsky and Goloschtschekin.”

The other picture shows the Jews holding a similar bird:

“* * * the ‘kapores’ cock which has the head of the Fuehrer. The Hebrew script says that one day Jews will kill all Hitlerites. Then the Jews will be delivered from all misfortunes, but in due course the Jews will realize that they have reckoned without an Adolf Hitler.”

In addition to reproductions of a number of previous articles on “ritual murder” beneath a picture of Streicher, another picture bears the caption:

“At the Passover Meal. The wine and Matzoh, unleavened bread, contains non-Jewish blood. The Jew prays before the meal. He prays for death to all non-Jews.”

The fifth page of this same issue reproduces some of the European and American newspaper articles and letters protesting against this propaganda on “ritual murder.” Among these is the “Stuermer’s” answer to the letter from the Archbishop of Canterbury, written to the editor of the London Times in protest (M-10).

Page 6 contains another picture of a man having his throat cut; again the usual spurt of blood falling into a basin on the floor, with the following caption:

“The ritual murder of the boy Heinrich. In the year 1345 the Jews in Munich slaughtered a non-Jewish boy. The martyr was declared holy by the church.”

On page 8 appears another picture entitled:

“The Holy Gabriel. This boy was crucified and tortured to death by the Jews in the year 1690. The blood was drawn off him.”

Page 11 reproduces a piece of sculpture on the wall of the Wallfahrts Chapel, representing the ritual murder of a boy named Werner. The picture shows the boy strung up by his feet and being murdered by two Jews. Page 12 reproduces another picture taken from the same place. The caption is:

“The embalmed body of Trient who was tortured to death by the Jews.”

Page 13 contains another picture; somebody else having a knife stuck into him; more blood coming out into a basin. On page 14 are two pictures. One is said to show the ritual murder of the boy Andreas. The other is the picture of a tombstone, and the caption reads as follows:

“The tombstone of Hilsner. This is the memorial to a Jewish ritual murderer, Leopold Hilsner. He was found guilty of two ritual murders and was condemned to death by hanging in two trials. The emperor was bribed and pardoned him. Masaryk, the friend of the Jews, liberated him from penal servitude in 1918. On his tombstone lying Jewry calls this twofold murderer an innocent victim.”

The next page produces yet another picture of a woman being murdered by having her throat cut in the same way. Page 17 produces a picture of the Archbishop of Canterbury together with a picture of an old Jewish man, with a caption reading:

“Dr. Lang, the Archbishop of Canterbury, the highest dignitary of the English Church, and his allies, a typical example of the Jewish Race.”

The last page contains a picture of “Holy Simon, who was tortured to death.”

This issue of “Der Stuermer” is nothing but an incitement to the people of Germany who read it, an incitement to murder. It is filled with pictures of murder, murder alleged to be against the German people. It is an encouragement, to all who read it to avenge themselves in the same way.

In January 1938 the persecution of the Jews became more and more severe—another special issue of “Der Stuermer” was published. A passage from the leading article in that issue written by Streicher, states:

“* * * The supreme aim and highest task of the state is therefore to conserve people, blood, and race. But if this is the supreme task, any crime against this law must be punished with the supreme penalty. ‘Der Stuermer’ takes therefore the view that there are only two punishments for the crime of polluting the race:

“1. Penal servitude for life for attempted race pollution.

“2. Death for committing race pollution.” (M-39).

The following are some of the headlines on the articles contained in that edition:

“Jewish race polluters at work.”

* * * * * *

“Fifteen year old non-Jewess ravaged.”

* * * * * *

“A dangerous race polluter. He regards German women as fair game for himself.”

* * * * * *

“The Jewish sanatorium. A Jewish institution for the cultivation of race pollution.”

* * * * * *

“Rape of a feeble-minded girl.”

* * * * * *

“The Jewish butler. He steals from his Jewish masters and commits race pollution.” (M-40).

Another article appearing in “Der Stuermer,” written by Streicher’s editor, Karl Holz, states:

“The revenge will break loose one day and will exterminate Jewry from the surface of the earth.” (M-35).

Again, in September 1938, “Der Stuermer” published an article describing the Jews as follows:

“A parasite, an enemy, an evil-doer, a disseminator of diseases who must be destroyed in the interest of mankind.” (M-36).

This is no longer propaganda for the persecution of the Jews; this is propaganda for the extermination of Jews, and for the murder not of one Jew but of all Jews (see 2698-PS).

A picture published in “Der Stuermer” in December 1938 shows a girl being strangled by a man whose hands are around her neck. The shadow of the man’s face, which is shown against the background, has quite obvious Jewish features. The caption under that picture is as follows:

“Castration for Race Polluters. Only heavy penalties will preserve our womenfolk from a tighter grip from ghastly Jewish claws. The Jews are our misfortune.”

(3) The Anti-Jewish demonstrations of November 1938.

While his anti-Jewish propaganda was becoming constantly fiercer, Streicher took a leading part in the organized demonstrations against the Jews which took place on 9 and 10 November 1938. In the autumn of that year, on the occasion of a meeting of press representatives in Nurnberg, Streicher organized the breaking-up of the Nurnberg synagogues. It was announced that Streicher personally would set the crane in motion with which the Jewish symbols would be torn down from the synagogues (1724-PS). The event was described as follows:

“* * * the synagogue is being demolished! Julius Streicher himself inaugurates the work by a speech lasting more than an hour and a half. By his order—so to speak as a prelude of the demolition—the tremendous Star of David came off the cupola.” (2711-PS).

Streicher took active part in the November demonstrations of that year, particularly in his Gau of Franconia. The Nurnberg demonstrations were reported as follows in the “Fraenkische Tageszeitung,” which was Streicher’s paper, on 11 November:

“* * * In Nurnberg and Furth it resulted in demonstrations by the crowd against the Jewish murders. These lasted until the early hours of the morning. Far too long had one watched the activities of the Jews in Germany.”

* * * * * *

“After midnight the excitement of the populace reached its peak and a large crowd marched to the synagogues in Nurnberg and Furth and burned these two Jewish buildings, where the murder of Germans had been preached.

“The fire-brigades, which had been notified immediately, saw to it that the fire was continued[sic] to the original outbreak. The windows of the Jewish shopkeepers, who still had not given up hope of selling their junk to the stupid Goims, were smashed. Thanks to the disciplined behavior of the SA men and the police, who had rushed to the scene, there was no plundering.” (M-42).

On 10 November, the day of the demonstrations, Streicher made a speech stating in part as follows:

“From the cradle, the Jew is not being taught, like we are, such texts as, ‘Thou shalt love thy neighbor as thyself,’ or ‘If you are smitten on the left cheek, offer then your right one.’ No, he is told: ‘With the non-Jew you can do whatever you like.’ He is even taught that the slaughtering of a non-Jew is an act pleasing to God. For 20 years we have been writing about this in ‘Der Stuermer’; for 20 years we have been preaching it throughout the world and we have made millions recognize the truth.”

* * * * * *

“The Jew slaughtered in one night 75,000 people; when he emigrated to Egypt he killed all the first-born, i.e. a whole future generation of Egyptians. What would have happened if the Jew had succeeded in driving the nations into war against us, and if we had lost the war? The Jew protected by foreign bayonets, would have fallen on us and would have slaughtered and murdered us. Never forget what history has taught us.” (M-41)

After the November 1938 demonstrations, irregularities occurred in the Gau of Franconia in connection with the organized Aryanization of Jewish property. Aryanization of Jewish property was regulated by the Nazi State, which had decreed that the proceeds of the transfer of Jewish properties to Aryans were to go to the State. In Streicher’s Gau of Franconia, however, a good deal of the proceeds never found their way as far as the State. As a result Goering set up a commission to investigate what had taken place. The report of that commission (1757-PS) describes what had been taking place in Streicher’s Gau:

“* * * Following upon the November demonstrations the Deputy Gauleiter, Holz, took up the Jewish questions. His reasons can be given here in detail on the basis of his statement of the 25th of March, 1939:

“The 9th and 10th of November 1938.

“In the night of the 9th and 10th November and on the 10th of November 1938, events took place throughout Germany which I [Holz] considered to be the signal for a completely different treatment of the Jewish question in Germany. Synagogues and Jewish schools were burnt down and Jewish property was smashed both in shops and in private houses. Besides this, a large number of particular Jews were taken to concentration camps by the police. Toward midday we discussed these events in the Gauleiter’s house. All of us were of the opinion that we now faced a completely new state of affairs on the Jewish question. By the great action against the Jews, carried out in the night and morning of the 10th of November, all guiding principles and all laws on the subject had been made illusory. We were of the opinion (particularly myself) that we should now act on our own initiative in this respect. I proposed to the Gauleiter that in view of the great existing lack of housing, the best thing would be to put the Jews into a kind of internment camp. Then the houses would become free in a twinkling, and the housing shortage would be relieved, at least in part. Besides that, we would have the Jews under control and supervision. I added ‘The same thing happened to our prisoners of war and war internees.’ The Gauleiter said that this suggestion was for the time being impossible to carry out. Thereupon I made a new proposal to him. I said that I considered it unthinkable that, after the Jews had had their property smashed, they should continue to be able to own houses and land. I proposed that these houses and this land ought to be taken away from them, and declared myself ready to carry through such an action. I declared that by the Aryanization of Jewish land and houses a large sum could accrue to the Gau out of the proceeds. I named some million of marks. I stated that, in my opinion, this Aryanization could be carried out as legally as the Aryanization of shops. The Gauleiter’s answer was something to this effect: ‘If you think you can carry this out, do so. The sum gained will then be used to build a Gau school.’”

* * * * * *

“The Aryanization was accomplished by the alienation of properties, the surrender of claims, especially mortgage claims, and reductions in buying price.

“The payment allowed the Jews was basically 10% of the nominal value or nominal sum of the claim. As a justification for these low prices, Holz claimed at the Berlin meeting of the 6th of February 1939, that the Jews had mostly bought their property during the inflation period for a tenth of its value. As has been shown by investigating a large number of individual cases selected at random, this claim is not true.” (1757-PS)

The second part of this report, which contains the findings of the commission, reads in part as follows:

“* * * Gauleiter Streicher likes to beat people with a riding whip but only if he is in the company of several persons assisting him. Usually the beatings are carried out with sadistic brutality.

“The best known case is that of Steinruck, whom he beat bloodily in the prison cell, together with Deputy Gauleiter Holz and SA Brigadier General Koenig. After returning from this scene to the Deutscher Hof he said: ‘Now I am relieved. I needed that again!’ Later he also stated several times that he needed another Steinruck case in order to ‘relieve’ himself.

“In August 1938, he beat Editor Burker at the District House together with District Office Leader Schoeller and his Adjutant Koenig.

“On the 2nd of December 1938 he asked to have three youthful criminals (15 to 17 years old) who had been arrested for robbery brought to the room of the director of the Criminal Police Office in Nurnberg-Furth. Streicher, who was accompanied by his son, Lothar, had the youths brought in singly and question them about their sex life and in particular, through clear and detailed questioning, he laid stress on determining whether and since when they masturbated. * * *

“* * * The last one of these three boys he beat with his riding whip, with blows on the head and on the rest of the body.” (1757-PS)

A later passage shows the authority and power which Streicher held in his Gau:

“According to reports of reliable witnesses Gauleiter Streicher is in the habit of pointing out on the most varied occasions that he alone gives orders in the district of Franconia. For instance, at a meeting in the Colosseum in Nurnberg in 1935 he said that nobody could remove him from office. In a meeting at Herkules Hall, where he described how he had beaten Professor Steinruck, he emphasized that he would not let himself be beaten by anybody, not even by an Adolf Hitler.

“For, this also must be stated here, in Franconia the Gau acts first and then orders the absolutely powerless authorities to approve.” (1757-PS)

That report shows the kind of treatment and persecution which the Jews were receiving in the Gau over which Streicher ruled. It further shows the absolute authority with which Streicher acted in his district.

As a result either of that investigation or of some other matter, Streicher was relieved of his position as Gauleiter in February 1940, but he did not cease from propaganda or from control of his newspaper. In an article written in “Der Stuermer,” on 4 November 1943, Streicher declared:

“It is really the truth that the Jews, so to speak, have disappeared from Europe and that the Jewish reservoir of the East, from which the Jewish plague has for centuries beset the peoples of Europe, has ceased to exist. However, the Fuehrer of the German people at the beginning of the war prophesied what has now come to pass.” (1965-PS).

That article, signed by Streicher, shows that he had knowledge of the Jewish exterminations which were going on in the East. Streicher’s article was written in November 1943. In April 1943 the Warsaw ghetto was destroyed. Between April 1942 and April 1944 more than 1,700,000 Jews were killed in Auschwitz and Dachau. It seems clear from this article that Streicher knew what was happening, perhaps not the details, but the fact that Jews were being exterminated.

(4) Perversion of Youth.

Streicher paid particular attention to the instruction and perversion of the children and youth of Germany. He was not content with inciting the German population. He started to poison the minds of the children at school at the earliest possible date. He continually emphasized the need for teaching children anti-semitism. In a speech as early as June 1925 Streicher said:

“I repeat, we demand the transformation of the school into a national German institution of education. If we let German children be taught by German teachers, then we shall have laid the foundations for the national German school. This national German school must teach racial doctrine.”

* * * * * *

“We demand, therefore, the introduction of racial doctrine into the school.” (M-30)

The “Fraenkische Tageszeitung” of 19 March 1934 reports Streicher’s address at a girls’ school at Preisslerstrasse:

“Then Julius Streicher spoke about his life and told them about a girl who at one time went to his school and who fell for a Jew and was finished for the rest of her life.” (M-43)

Every summer in Nurnberg a youth celebration was held. At this pagan rite the youth of Nurnberg were rallied, organized, and incited, encouraged by Streicher. Streicher’s speech to the Hitler Youth on the “Holy Mountain” near Nurnberg on 22 June 1935 contained the following statements:

“Boys and girls, look back to a little more than 10 years ago. A great war—the World War—had whirled over the peoples of the earth and had left in the end a heap of ruins. Only one people remained victorious in this dreadful war, a people of whom Christ said its father is the devil. That people had ruined the German nation in body and soul. Then Adolf Hitler, unknown to anybody, arose from among the people and became the voice which called to a holy war and battle. He cried to the people for everybody to take courage again and to rise and get a helping hand to take the devil from the German people, so that the human race might be free again from these people that have wandered about the world for centuries and millenia, marked with the sign of Cain.

“Boys and girls, even if they say that the Jews were once the chosen people, do not believe it, but believe us when we say that the Jews are not a chosen people. Because it cannot be that a chosen people should act among the peoples as the Jews do today.” (M-1)

A report of Streicher’s address to 2,000 children at Nurnberg at Christmas-time, 1936, states:

“‘Do you know who the Devil is,’ he asked his breathlessly listening audience. ‘The Jew, the Jew,’ resounded from a thousand children’s voices.” (M-44)

Streicher was not content with writing and talking. He issued a book for teachers, written by one Fink and published from the “Der Stuermer” offices, called “The Jewish Question and School Instruction.” This book emphasizes the necessity of anti-semitic teaching in schools, and suggests ways in which the subject can be introduced and handled. The preface, written by Streicher, reads in part as follows:

“The National Socialist state brought fundamental changes into all spheres of life of the German people.

“It has also presented the German teacher with some new tasks. The National Socialist state demands that its teachers instruct German children in social questions. As far as the German people is concerned the racial question is a Jewish question. Those who want to teach the child all about the Jew must themselves have a thorough knowledge of the subject.

“Those who take to heart all that has been written with such feeling by Fritz Fink, who for many years has been greatly concerned about the German people, will be grateful for the creator of this outwardly insignificant publication.” (M-46).

The preface is signed by Julius Streicher, City of the Reich Party Rallies, Nurnberg, in the year 1937.

The introduction to this book reads as follows:

“Racial and Jewish questions are the fundamental problems of the National Socialist ideology. The solution of these problems will secure the existence of National Socialism and with this the existence of our nation for all time. The enormous significance of the racial question is recognized almost without exception today by all the German people. In order to attain this recognition our people had to travel through a long road of suffering.

“No one should be allowed to grow up in the midst of our people without this knowledge of the monstrous character and dangerousness of the Jew.” (M-46).

A later passage in the book contains this statement:

“One who has reached this stage of understanding will inevitably remain an enemy of the Jews all his life and will instill this hatred into his own children.” (M-46).

“Der Stuermer” also published some children’s books. Although Streicher himself did not write the books, they were published from his publishing business, and they are on the same line of everything else published and issued from that business. Among these books was one entitled “Don’t trust the Fox in the green meadow nor the Jew on his oath.” It is a picture book for children. The pictures all depict Jews in an offensive light. And opposite each picture there is a little story. For instance, opposite one picture, which portrays an unpleasant-looking Jewish butcher cutting up meat, there appears the following comment:

“The Jewish butcher: he sells half refuse instead of meat. A piece of meat lies on the floor; the cat claws another. This doesn’t worry the Jew butcher since the meat increases in weight. Besides one mustn’t forget he won’t have to eat it himself.” (M-32).

The story opposite another picture reads as follows:

“Jesus Christ says ‘The Jew is a murderer through and through’. And when Christ had to die the Lord didn’t know any other people who would have tortured Him to death so he chose the Jews. That is why the Jews pride themselves on being the chosen people.” (M-32).

Other pictures in this book portray: a girl being led away by an evil-appearing Jew; Streicher smiling benignly at a children’s party, greeting the little children; children looking at copies of “Der Stuermer” posted on a wall; Jewish children being taken away from an Aryan school by an unpleasant-looking father, with all the Aryan children shouting and dancing and enjoying the fun very much (M-32).

Another book, called “The Poisonous Fungus,” is very similar in character and appearance, and likewise calculated to poison the minds of readers. One of the pictures in this book shows a girl sitting in a Jewish doctor’s waiting room. The story that goes with this picture is not a very pleasant story, but it is only by adverting to these matters that it becomes possible to believe the kind of education which German children received from Streicher. The story reads as follows:

“Inge sits in the reception room of the Jew doctor. She has to wait a long time. She looks through the journals which are on the table. But she is much too nervous to read even a few sentences. Again and again she remembers the talk with her mother. And again and again her mind reflects on the warnings of her leader of the League of German Girls: ‘A German must not consult a Jew doctor. And particularly not a German girl. Many a girl that went to a Jew doctor to be cured, found disease and disgrace!’

“When Inge had entered the waiting room, she experienced an extraordinary incident. From the doctor’s consulting room she could hear the sound of crying. She heard the voice of a young girl: ‘Doctor, doctor, leave me alone!’

“Then she heard the scornful laughing of a man. And then, all of a sudden, it became absolutely silent. Inge had listened breathlessly.

“‘What may be the meaning of all this?’ she asked herself and her heart was pounding. And again she thought of the warning of her leader in the League of German Girls.

“Inge was already waiting for an hour. Again she takes the journals in an endeavor to read. Then the door opens. Inge looks up. The Jew appears. She screams. In terror she drops the paper. Horrified she jumps up. Her eyes stare into the face of the Jewish doctor. And this face is the face of the devil. In the middle of this devil’s face is a huge crooked nose. Behind the spectacles two criminal eyes. And the thick lips are grinning, a grinning that expresses: ‘Now I got you at last, you little German girl!’

“And then the Jew approaches her. His fleshy fingers stretch out after her. But now Inge has composed herself. Before the Jew can grab hold of her, she smacks the fat face of the Jew doctor with her hand. One jump to the door. Breathlessly Inge runs down the stairs. Breathlessly she escapes the Jew house.” (1778-PS).

Another photograph shows youthful admirers standing around looking at Streicher’s picture, with the following commentary:

“‘Without a solution of the Jewish question there will be no salvation for mankind.’ That is what he shouted to us. All of us could understand him. And when, at the end, he shouted ‘Sieg Heil’ for the Fuehrer, we all acclaimed him with tremendous enthusiasm. For two hours Streicher spoke at that occasion. To us it appeared to have been but a few minutes.” (1778-PS).

The effect of all this propaganda is evident from the columns of “Der Stuermer” itself. In April 1936 there was published a letter, which is typical of many others that appear in other copies from children of all ages. The third paragraph of this letter, signed by the boys and girls of the National Socialist Youth Hostel at Grossmuellen, reads:

“* * * Today we saw a play on how the devil persuades the Jew to shoot a conscientious National Socialist. In the course of the play the Jew did it too. We all heard the shot. We would have all liked to jump up and arrest the Jew. But then the policeman came and after a short struggle took the Jew along. You can imagine, dear Stuermer, that we heartily cheered the policeman. In the whole play not one name was mentioned, but we all knew that this play represented the murder by the Jew Frankfurter. We were very sick when we went to bed that night. None felt like talking to the others. This play made it clear to us how the Jew sets to work.” (M-25).

C. STREICHER’S USE OF HIS AUTHORITY AS GAULEITER IN THE SERVICE OF THE CONSPIRACY.

Streicher’s authority as a Gauleiter was extensive. The Organization Book of the NSDAP for 1938 describes the duties and authority of Gauleiters as follows:

“The Gauleiter bears over-all responsibility for the Fuehrer for the sector of sovereignty entrusted to him. The rights, duties and jurisdiction of the Gauleiter result primarily from the mission assigned by the Fuehrer and, apart from that, from detailed direction.” (1814-PS).

Streicher’s association with the Fuehrer and other Nazi conspirators may also be seen from the newspapers. On the occasion of Streicher’s 50th birthday, Hitler paid a visit to Nurnberg to congratulate him. The account of that meeting is published in the “Voelkischer Beobachter” of 13 February 1934 as follows:

“Adolf Hitler spoke to his old comrades in battle and to his followers in words which went straight to their hearts. By way of introduction he remarked that it was a special pleasure to be present for a short while in Nurnberg, the town of the National Socialist community which had been steeled in battle, at this day of honor of Julius Streicher, and to be within the circle of the standard bearers of the National Socialist idea during many years.

“Just as they, all of them, had during the years of oppression unshakeably believed in the victory of the movement, so his friend and comrade in the battle, Streicher, had stood faithfully at his side at all times. It had been this unshakeable belief that had moved mountains.

“For Streicher it would surely be a solemn thought, that this 50th anniversary meant not only the halfway point of a century, but also of a thousand years of German history to him. He had in Streicher a companion of whom he could say that here in Nurnberg was a man who would never waver for a single second and who would unflinchingly stand behind him in every situation.” (M-8).

A letter from Himmler, published in “Der Stuermer” of April 1937, declared:

“If in future years the history of the reawakening of the German people is written, and if already the next generation will be unable to understand that the German people was once friendly to the Jews, it will be stated that Julius Streicher and his weekly paper ‘Der Stuermer’ have contributed a great deal towards the enlightenment regarding the enemy of humanity. “(Signed) For the Reichsfuehrer SS, Himmler.” (M-22).

Finally, a letter from von Schirach, the Reich Youth Leader, published in “Der Stuermer” of January 1938, had this to say:

“It is the historical merit of ‘Der Stuermer’ to have enlightened the broad masses of our people in a popular way as to the Jewish world danger. ‘Der Stuermer’ is right in refusing to fulfill its task in the tone of the aesthetic drawing room. Jewry has shown no regard for the German people. We have, therefore, no cause to be considerate and to spare our worst enemy. What we fail to do today our youngsters of tomorrow will have to suffer for bitterly.” (M-45).

D. CONCLUSION.

It may be that Streicher is less directly involved in the physical commission of the crimes against Jews than some of his coconspirators. The submission of the Prosecution is that his crime is no less worse for that reason. No government in the world, before the Nazis came to power, could have embarked upon and put into effect a policy of mass Jewish extermination in the way in which they did, without having a people who would back them and support them, and without having a large number of people who were prepared to carry out the murder themselves. (See Chapter XII on Persecution of the Jews.)

It was to the task of educating and poisoning the people with hate, and of producing murderers, that Streicher set himself. For 25 years he continued unrelentingly the perversion of the people and youth of Germany. He went on and on, as he saw the results of his work bearing fruit.

In the early days he was preaching persecution. As persecution took place he preached extermination and annihilation and, as millions of Jews were exterminated and annihilated, in the Ghettos of the East, he cried out for more and more.

The crime of Streicher is that he made these crimes possible, which they would never have been had it not been for him and for those like him. Without Streicher and his propaganda, the Kaltenbrunners, the Himmlers, the General Stroops would have had nobody to do their orders.

In its extent Streicher’s crime is probably greater and more far-reaching than that of any of the other defendants. The misery which they caused ceased with their capture. The effects of this man’s crime, of the poison that he has put into the minds of millions of young boys and girls goes on, for he concentrated upon the youth and childhood of Germany. He leaves behind him a legacy of almost a whole people poisoned with hate, sadism, and murder, and perverted by him. That people remain a problem and perhaps a menace to the rest of civilization for generations to come.

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO JULIUS STREICHER

11. WALTER FUNK

A. FUNK ACTIVELY PROMOTED THE CONSPIRATORS’ ACCESSION TO POWER.

A recital of Funk’s positions and activities is set forth in a statement made by him (3533-PS). Although Funk signed this statement, he inserted several reservations and denials with respect to certain positions and activities. Funk’s submissions in this connection, which are indicated in his statement (3533-PS) should be evaluated in the light of the statements set forth in the collection of relevant excerpts from German publications (3563-PS).

An examination of these excerpts will reveal that the German publications directly contradict every contention which Funk has made with respect to his holding the positions and carrying on the activities listed in his statement (3533-PS). For example, in his comment concerning item (b) of his statement Funk denies that he was Hitler’s Personal Economic Adviser during the 1930’s. On the other hand, there are four German publications, each of which states unequivocally that Funk was Hitler’s Personal Economic Adviser (3563-PS).

As is indicated by these documents, Funk, soon after he joined the Nazi Party in 1931, began to hold important positions in the Party and soon qualified as one of the Nazi inner circle. Thus, he promptly became not only Hitler’s Personal Economic Adviser, but also Chief of the Economic Division of the Central Nazi Party Directorate and Chairman of the Party’s Committee on Economic Policy (3533-PS). In these capacities, he advanced the Party’s drive for mass support by drafting its economic slogans. In 1932, for example, he wrote a pamphlet entitled “Economic Reconstruction Program of the NSDAP”, which, after its approval by Hitler, became the Party’s official pronouncement on economic matters (3505-PS).

Funk also served as the liaison man between the Nazi Party and the large industrialists, from whom he obtained financial and political support on Hitler’s behalf (3505-PS; 2828-PS). Thus, for example, he was present at the meeting of approximately 25 leading industrialists held in Berlin on 20 February 1933 (2828-PS). In the course of this meeting, which was arranged by Goering and attended by Funk, among others, and which was designed to obtain the industrialists’ financial and political support for the Nazi program, Hitler and Goering announced some of the fundamental Nazi objectives: the destruction of the parliamentary system in Germany; the crushing of all internal opposition by force, the restoration of the power of the Wehrmacht. In addition, Hitler indicated that force was to be used in solving problems with other nations (D-203). The financial and political support for the Nazis which Funk secured from industry promoted the campaign of force and terror by which the Nazis seized and consolidated their control of Germany.

The importance of Funk’s general contribution to the conspirators’ accession to power has been described in a book published by the Central Publishing House of the Nazi Party:

“No less important than Funk’s accomplishments in the programmatic field in the years 1931 and 1932 was his activity of that time as the Fuehrer’s liaison man to the leading men of the German economy in industry, trade, commerce and finance. On the basis of his past work, his personal relations to the German economic leaders were broad and extensive. He was now able to enlist them in the service of Adolf Hitler, and not only to answer their questions authoritatively, but to convince them and win their backing for the Party. At that time, that was terribly important work. Every success achieved meant a moral, political, and economic strengthening of the fighting force of the Party and contributed toward destroying the prejudice that National Socialism is merely a party of class hatred and class struggle.” (3505-PS)

After he had helped Hitler become Chancellor, Funk, as Reich Press Chief, participated in the early cabinet meetings, in the course of which the conspirators determined upon the means by which they would secure the passage of the Enabling Act and destroy parliamentary government in Germany (2962-PS; 2963-PS). This law destroyed civil liberties in Germany and marked the conspirators’ seizure of political control over Germany.

B. FUNK, BY VIRTUE OF HIS ACTIVITIES IN THE MINISTRY OF PROPAGANDA, ACTIVELY PARTICIPATED IN THE CONSOLIDATION OF THE CONSPIRATORS’ CONTROL OVER GERMANY.

The Nazis created a vast propaganda machine which they used to proclaim the doctrine of the master race, to inveigh against the Jews, to impose the leadership principle upon the German people, to glorify war as a noble activity, to create the social cohesion necessary for war, and to weaken the capacity and willingness of their intended victims to resist aggression. (See Section 9 of Chapter VII on Propaganda, Censorship and Supervision of Cultural Activities.)

The operation of this propaganda machine was principally the responsibility of the Ministry of Public Enlightenment and Propaganda. Funk played a significant role in the operations of that Ministry and in related agencies of the Nazi State. On 30 January 1933, the day on which Hitler became Reich Chancellor, Funk was appointed Press Chief of the Reich Government. In that capacity, and even after the establishment of the Ministry of Public Enlightenment and Propaganda, he reported regularly to Hitler and President von Hindenburg (3505-PS; 3501-PS).

On 13 March 1933, the Reich Ministry of Public Enlightenment and Propaganda was established with Goebbels as its Chief and Funk as its under-Secretary (2029-PS; Voelkischer Beobachter 15 March 1933, p. 2. (South German Edition)). In an interview with a reporter from the Voelkischer Beobachter on 30 March 1933, Funk made clear the importance which propaganda was to have in the Nazi State. He stated:

“Propaganda is the most modern instrument of power and fighting weapon of state policy. The establishing of the Propaganda Ministry is vital, for the national political policy of the new State Leadership is to be the general good of the whole people. Therefore, the total political, artistic, cultural and spiritual life of the nation, must be brought on to one level and directed from one central point.” (Voelkischer Beobachter, South German Edition, 31 March 1933).

In order to achieve this purpose, the Ministry of Enlightenment and Propaganda was organized so as to reach and control every medium of expression within Germany. In the language of the decree defining the duties of the Minister of Propaganda, he was to have

“* * * jurisdiction over the whole field of spiritual indoctrination of the nation, of propagandizing the State, of cultural and economic propaganda, of enlightenment of the public at home and abroad; furthermore, he is in charge of all institutions serving these purposes.” (2030-PS).

Under this decree, the Ministry controlled propaganda abroad, propaganda within Germany, the press, music, the theater, films, art, literature, radio and all related institutions.

Funk discharged important responsibilities in the Ministry. As Undersecretary, he was Goebbels’ chief aide. In this capacity he appears to have been the primary organizer of the machine from which flowed Nazi propaganda. This is made clear by the following excerpt from an affidavit dated 19 December 1945, and signed by Max Amann, who held the position of Reich Leader of the Press and President of the Reich Press Chamber.

“* * * In carrying out my duties and responsibilities, I became familiar with the operations and the organization of the Reich Ministry of Propaganda and Enlightenment.

“Walther Funk was the practical Minister of the Ministry of Propaganda and Enlightenment and managed the Ministry. Funk was the soul of the Ministry, and without him Goebbels could not have built it up. Goebbels once stated to me that Funk was his ‘most effective man.’ Funk exercised comprehensive control over all the media of expression in Germany: over the press, the theater, radio and music. As Press Chief of the Reich Government and subsequently as Under Secretary of the Ministry, Funk held daily meetings with the Fuehrer and a daily press conference in the course of which he issued the directives governing the materials to be published by the German press”. (3501-PS).

A note for the files prepared by one Sigismund, an SS Scharfuehrer, also stresses the important role which Funk played in The Ministry of Propaganda (3566-PS). That note records a discussion between Sigismund and one Weinbrenner, an official of the Ministry of Propaganda, about the selection of a General Manager for the German Radio. The note states:

“Weinbrenner made the following statement: * * * it is almost impossible to determine whom the Minister would name General Manager, since Dr. Goebbels reaches most of the important decisions only by agreement with Under Secretary Funk.” (3566-PS).

In addition to his position as Undersecretary, Funk had many other important responsibilities in subordinate offices of the Ministry for Propaganda (3533-PS). In 1933, for example, he was appointed Vice President of the Reich Chamber of Culture, whose President was Goebbels (3533-PS; Reichsgesetzblatt, 1933, I, p. 798).

Funk’s position as Vice President of the Reich Chamber of Culture was related to his position as Undersecretary of the Ministry, since the Chamber of Culture and the seven subordinate chambers were by law subject to the control of the Ministry of Propaganda (2082-PS). This control was insured in practice by placing officers of the Ministry of Propaganda in the highest positions of the Chambers. Thus, for example, Goebbels was its President and Funk its Vice President. By virtue of his dual position, Funk directly promoted two fundamental and related Nazi policies: (1) the regimentation of all creative activities in the interest of Nazi political and military objectives; (2) the elimination of Jews and dissidents from the so-called cultural professions.

The mechanics by which these policies were carried out have been described in Section 9 of Chapter VII on Propaganda, Censorship and Supervision of Cultural Activities. That description will be supplemented here only by reference to the second decree for the Execution of the Law of Reich Chamber of Culture, dated 9 November 1933 (2872-PS). This decree, which was signed by Funk, representing Goebbels, fixed the effective date for the entire scheme for the domination and purging of the cultural professions.

The control of the Ministry of Propaganda was based in part on the requirement that persons engaged in so-called “cultural activities” belong to the appropriate Chamber (1933 Reichsgesetzblatt, I, p. 797). Decrees were then passed which prescribed standards of admission to these Chambers, which automatically excluded Jews. For example, in the field of journalism, “only persons who were of Aryan descent and not married to a person of non-Aryan descent” were permitted to be so-called Schriftleiter, that is, to perform any work relating to the contents of a newspaper or a political magazine (2083-PS).

Similarly, newspaper publishers had to submit proof tracing their Aryan descent (and that of their spouses) as far back as the year 1800 (Decree 24 April 1935, issued by the President of the Reich Press Chamber, Article 1, 3 and Article II, 1(f) and 2, reprinted in Karl Friedrich Schrieber in “Das Recht der Reichskulturkammer”, vol. 2, 1935, pp. 109-112; Decrees 15 April and 22 May 1936 issued by the President of Reich Press Chamber reprinted in Karl Friedrich Schrieber “Das Recht der Reichskulturkammer”, vol. 4, 1936, pp. 101-102, 120-122; see also: Decree 17 September 1934 reprinted in Karl Friedrich Schrieber’s “Das Recht der Reichskulturkammer”, vol. 2, 1935, p. 79).

In view of Funk’s official positions and the policies which he advanced, it is natural that Nazi writers have stressed his contribution to the perversion of German culture. Thus Oestreich’s biography of Funk states:

“Besides, Funk had a special duty from his Ministry received the task to take care of the cultural life. In this position he organized quietly a tremendous concern which represented an investment of many hundreds of millions. In close co-operation with the Reich Leader of the Press, Max Amann, the economic fundamentals of the German press were reconstructed according to the political necessities. The same took place in the film industry and in other cultural fields.” (3505-PS)

The reconstruction of “the economic fundamentals of the German press * * * and other cultural fields” was a biographer’s euphemism for the elimination of Jews and dissidents from the field of literature, music, theater, journalism, broadcasting, and the arts.

The completeness with which the policy of cultural extermination was carried out is made clear by a pamphlet entitled “The Reich Ministry for Public Enlightenment and Propaganda”, by Georg Wilhelm Mueller, an official of the Ministry of Propaganda, which was published by the German Academy for Politics as part of a series on the organization of the Nazi Government. That pamphlet states:

“The Department Special Cultural Tasks (a department within the Ministry of Propaganda) serves mainly the purpose to remove the Jews from cultural professions. It reviews the political attitude of all artistic or cultural workers and cultural economic enterprises that are members of the seven individual chambers of the Reich Chamber of Culture (except the Reich Chamber of the Press), it has to supervise the removal of Jews in the entire field of the seven individual chambers and settles as highest authority all complaints and appeals of cultural workers whose membership was rejected by the Chamber because of lack of proof of Aryan descent. At the same time, it is the task of this department to supervise the activities of non-Aryans in the intellectual and entire cultural field, therefore, also the supervision of the only Jewish organization in the cultural field in the entire Reich territory, that is, the ‘Jewish Kulturbund’ (Jewish Cultural Association).

“In this way this department also cooperates with all other professional departments of the Ministry or the Chambers by consulting the local officials of the party, the State police offices, etc., and when supervising the Jewish ‘cultural work’ with the political police.

“It is mainly the merit of this department—to 1937 a department in the Managing Office of the Reich Chamber of Culture—that the purge of the entire German cultural life from Jewish or other non-German influences was completely accomplished according to the assignments of the Minister.” (Das Reichsministerium fuer Volksaufklaerung und Propaganda (Reich Ministry of Public Enlightenment and Propaganda) pp. 30-31).

Funk contributed to the achievement of the Nazi propaganda program in other capacities. Thus, in 1933, Goebbels appointed him Chairman of the Board of Directors of the Reich Broadcasting Company (3505-PS). That company was the coordinating authority for all German radio broadcasting and supervised all German radio stations, with a view to insuring that radio serve the political purposes of the Nazi State (Das Deutsche Fuehrerlexikon, 1934-1935, p. 139; 3505-PS). Moreover, in 1933, Funk was also appointed Vice-president of the Filmkreditbank. The Filmkreditbank was a government-controlled financing corporation which influenced film production in the interests of the Nazi program by granting financial assistance in connection with only those films deemed desirable from the Nazi point of view (Seager, “Der Film im Nationalsocialistischen Staat” (“The Film in the National-Socialist State”), in Frank: “Nationalsozialistisches Handbuch fuer Recht und Gesetzgebung” (“National Socialist Handbook for Law and Legislation”), 1935, 2nd edition, p. 512). It is clear from the foregoing that Funk was from 1933 until the end of 1937 a versatile and key figure in the propaganda field. His activities ranged from daily conferences with the Fuehrer and the organization of a new large Ministry vital to the Nazi program, to depriving the most humble Jewish artist of his power to earn a livelihood. Funk appears to have been what Goebbels said he was: Goebbels’ “most effective man” (3501-PS).

C. FUNK, AS MINISTER OF ECONOMICS, CONTINUED TO ADVANCE THE CONSPIRACY TO PERSECUTE THE JEWS BY ACTIVELY PARTICIPATING IN THE PLANNING AND EXECUTION OF THE MEASURES WHICH ELIMINATED THE JEWS FROM THE GERMAN ECONOMY.

The systematic anti-Jewish program of the Nazi conspirators is discussed in Chapter XII. The evidence discussed below shows that Funk, by virtue of his activities as Minister of Economics, is responsible for the planning and execution of the program to exclude the Jews from the German economy.

The first record of Funk’s anti-Jewish activities as Minister of Economics consists of a series of decrees which he signed and which were designed to exclude the Jews from various occupations, such as real estate business, auctioneering, etc. Reference will be made to only a few of these decrees (Decree amending trade code of 6 July 1938, (1938 Reichsgesetzblatt, I, p. 832); decree concerning occupation of auctioneers, 12 February 1938, 1938 Reichsgesetzblatt, I, p. 202. Moreover, on 14 June 1938, Funk signed a decree providing for the registration of “Jewish enterprises” (1938 Reichsgesetzblatt, I, p. 627)). This decree was part of a system of economic persecution which obliterated Jewish ownership in all commercial, financial and industrial enterprises.

In 1938, the death of von Rath in Paris was exploited by the Nazis as a pretext for intensifying the persecution of the Jews. Their new anti-Jewish policy called for the complete elimination of Jews from the economic life of Germany. Funk took a significant part in both the formulation and execution of this policy.

Thus, he was present at the meeting of 12 November 1938, where, with Goering as the leading spirit, the basis for a more drastic policy against the Jews was established (1816-PS). Goering described the meeting as a decisive one, and demanded “that the Jewish question be now, once and for all, coordinated and solved, one way or another.” (1816-PS). Funk came to the meeting with a draft law which he had prepared, and which he submitted with the following explanation:

“I have prepared a law elaborating that, effective 1 January 1939, Jews shall be prohibited to operate retail stores and wholesale establishments, as well as independent artisan shops. They shall further be prohibited from keeping employees or offering any ready products on the market. Wherever a Jewish shop is operated, the police shall shut it down. From 1 January 1939, a Jew can no longer be employed as an enterpriser, as stipulated in the law for the Organization of National Labor from 20 January 1934. If a Jew holds a leading position in an establishment without being the enterpriser, his contract may be declared void within 6 weeks by the enterpriser. With the expiration of the contract, all claims of the employee, including all claims to maintenance become obliterated. That is always very disagreeable and a great danger. A Jew cannot be a member of a corporation; Jewish members of corporations shall have to be retired by 31 December 1938. A special authorization is unnecessary. The competent Ministers of the Reich are being authorized to issue the provision necessary for the execution of this law.” (1816-PS)

The substance of Funk’s draft law promptly found its way into the Reichsgesetzblatt. On 12 November 1938, Goering signed a decree entitled “For the Elimination of Jews from the German Economic Life” (1662-PS).

An examination of the provisions of the decree will reveal how well it deserved its title. Thus, Jews were forbidden to operate retail stores or mail order houses, or to engage independently in any handicraft, to offer goods or services at markets, or to take orders therefor (Section I): or to be “leaders” of any industrial enterprise. That decree also provided that any Jew in an executive position of an industrial enterprise was subject to notice of dismissal (Section 2), and that Jews should be excluded from membership in cooperative organizations (Section 3). Funk was expressly authorized in Section 4 of the decree to issue the regulations necessary for implementing its provisions (1662-PS).

Funk was also authorized to issue the regulations in connection with another anti-Jewish decree, also issued on 12 November 1938. This decree provided that all damage done to Jewish enterprises and apartments during the riots of 8, 9, and 10 November, was to be repaired by the Jewish owners out of their own pockets, and that claims by German Jews against insurance companies were to be confiscated in favor of the German Government (1938 Reichsgesetzblatt, I, p. 1581).

Soon after the passage of the decree of 12 November, Funk, in a speech which he delivered on the Jewish question, made it clear that the program of economic persecution was a part of the larger program of extermination and boasted of the fact that the new program insured the complete elimination of the Jews from the German economy. In the course of this speech, Funk stated:

“The state and the economy constitute a unity. They must be directed according to the same principles. The best proof thereof has been rendered by the most recent development of the Jewish problem in Germany. One cannot exclude the Jews from the political life, but let them live and work in the economic sphere. The fact that the last violent explosion of the disgust of the German people, because of a criminal Jewish attack against the German people, took place at a time when we were standing just before the termination of the economic measures for the elimination of the Jews from the German economy—this fact is a result of the other fact that in the last years we had not handled this problem sufficiently early and consistently. In any event, the basis of a complete elimination of the Jews also from the economy had already been laid by the decrees of the Commissioner for the Four Year Plan, General Field Marshal Goering, who was the first to undertake the solution of this problem. In the meantime, by means of Aryanization, performed under governmental supervision, the Jews had already been excluded completely from the stock exchanges and the banks and almost completely from the large businesses and all important industrial enterprises. According to estimates, of the net property of approximately 7 billion marks, determined pursuant to the decree for the registration of Jewish property, 2 billion marks have already been transferred into German possession.” (3545-PS).

On 3 December 1938, Funk again advanced the policy of economic extermination by signing a decree which carried out the promise of the more severe anti-Jewish policy implied in his above speech (1409-PS). This decree imposed additional and drastic economic disabilities upon Jews and subjected their property to confiscation and forced liquidation. It provided that: owners of Jewish enterprises could be ordered to sell or liquidate their enterprises (Section 1); trustees could be appointed for such enterprises, with the expenses of trusteeship borne by the owner of the enterprise (Section 2); Jews could be ordered to sell their property (real estate, etc.) (Section 6); Jews were prohibited from acquiring any real estate (Section 7); governmental consent was required for any disposition of real estate (Section 8); Jews were forced to deposit all stocks, mining shares, bonds, and other securities with specially designated banks, and accounts had to be marked “Jewish” (Section 11); Jews were forbidden to acquire, to give as security, or to sell objects made of gold, platinum, or silver, precious stones, or pearls, etc. (Section 14); and Jews could be required to make certain payments to the Reich before receiving the consent necessary for the transfer of their property (Section 15). (1409-PS).

In addition, many other decrees aiming at the economic ruin of the Jews were promulgated over the signature of the Minister of Economics. For example:

Decree, 23 November 1938, 1938 Reichsgesetzblatt, I, p. 1642, signed by Brinkmann acting for Funk and containing detailed rules for the liquidation of Jewish retail stores, etc.;

Decree, 14 December 1938, 1938 Reichsgesetzblatt, I, p. 1902, also signed by Brinkmann acting for Funk, and providing detailed rules for the elimination of Jews from industrial enterprises;

Decree, 8 May 1939, 1939 Reichsgesetzblatt, I, p. 895, signed by Dr. Landfried acting for Funk, excluding Jews from the occupation of travel agents;

Decree, 4 May 1940, 1940 Reichsgesetzblatt, I, p. 730, also signed by Dr. Landfried acting for Funk, concerning registration of transfers of Jewish property;

Decree, 14 November 1940, 1940 Reichsgesetzblatt, I, p. 1520, also signed by Dr. Landfried acting for Funk, establishing a procedure for setting aside financial arrangements which Jews, discharged from executive positions of industrial enterprises prior to 12 November 1938, had made with their companies.

Extending certain of the above-described decrees to Austria, see, e.g.:

Decree, 22 August 1942, 1942 Reichsgesetzblatt, I, p. 537, signed by von Hanneken, acting for Funk;

Decree, 4 December 1940, 1940 Reichsgesetzblatt, I, p. 1564, signed by Dr. Landfried acting for Funk.

Funk had important responsibilities, not only in the formulation of anti-Jewish policy and in the drafting of anti-Jewish legislation, but also in the administration of the conspirators’ anti-Jewish measures. Funk was the person to whom appeals were made concerning action taken by subordinate officials in the administration of the anti-Jewish economic program. In fact, he was the paramount authority in this field; his decisions were final and conclusive. For example, he had the final voice in the administrative hierarchy set up for deciding whether an enterprise was a Jewish enterprise within the meaning of the decree requiring the registration of such enterprises (Decree of 14 June 1938, section 9, 1938 Reichsgesetzblatt, I, p. 628; see also decree of 3 December 1938, section 19, 1938 Reichsgesetzblatt, I, p. 1711; decree, 14 November 1940, 1940 Reichsgesetzblatt, I, p. 1520).

Nazi publications have recognized the significant contribution made by Funk to the anti-Jewish program. Thus Hans Quecke, an official of the German Ministry of Economics, in describing the work of the Ministry during Funk’s incumbency, stated:

“A task of special political significance and economic importance arose as an absolute necessity out of the National Socialist conception of state and economy, namely, the eradication of Jewish influence from the economy. In this connection, a wealth of legislative and administrative work, though temporary, was created for the Ministry. The steps of the work were as follows: definitions of the term ‘Jewish enterprise’, registration of Jewish property, securing the ‘deployment’ of such property in accordance with the interests of the German economy, exclusion of Jewish employees from executive positions, and, finally, re-examination of steps taken in the de-Judaization of enterprises with a view to ordering payments to the Reich for the unjust profits secured in the process of de-Judaization. That task can now be considered as practically completed in the field of the industrial economy.” (Building of the Third Reich (Das Dritte Reich in Aufbau) Vol. 5, pp. 318-319 (1941)).

Moreover, Funk himself, in the course of administering this program, emphasized the importance of his new role. For example, on 6 February 1939, he issued a circular in connection with the administration of the decree of 3 December 1938 which, as indicated, he himself signed. In that circular, which was published in the Ministerial Gazette of the Reich and Prussian Ministry of the Interior (“Ministerialblatt des Reichs—und Preussischen Ministeriums des Innern”), for 1939, No. 7, p. 265, Funk stressed (at p. 265) “the great political and economic importance” of the anti-Jewish program and stated with respect to the broad powers conferred by the decree of 3 December 1938, that:

“* * * The extent and speed with which they [the powers] will be utilized, is dependent upon my orders, to be given under the general direction of Goering.”

In the same circular (at p. 265) Funk also emphasized the importance of the laws for de-Judaization, stating:

“The execution of the laws for the economic de-Judaization will, for a time, impose extraordinary burdens upon the administrative organization. However, it is expected that the officers charged with the execution, in view of the great political and economic importance of the tasks assigned to them, will bend all their efforts to assure a most rapid, efficient, and in every way faultless execution of the de-Judaization.”

Funk, in an interrogation dated 22 October 1945, admitted and deplored his responsibility for the economic persecution of the Jews:

“Q. All the decrees excluding the Jews from industry were yours, were they not?

“A. * * * So far as my participation in this Jewish affair is concerned, that was my responsibility and I have regretted it later on that I ever did participate. The Party had always brought pressure to bear on me previously to make me agree to the confiscation of Jewish property, and I had refused repeatedly. But later on, when the anti-Jewish measures and the force used against the Jews came into force, something legal had to be done to prevent the looting and confiscation of all Jewish property.

“Q. You know that the looting and all that was done at the instigation of the Party, don’t you?

“(Here witness weeps)

“A. Yes, most certainly. That is when I should have left in 1938, of that I am guilty, I am guilty. I admit that I am a guilty party here.” (3544-PS)

D. FUNK WITH KNOWLEDGE OF THE CONSPIRATORS’ PLANS FOR AGGRESSION, ACTIVELY PARTICIPATED IN MOBILIZING THE GERMAN ECONOMY FOR AGGRESSIVE WAR: HE ALSO PARTICIPATED IN THE WAGING OF AGGRESSIVE WARS AND WAS A MEMBER OF WAR PLANNING AGENCIES WHICH WERE RESPONSIBLE FOR POLICIES AND ACTS CONTRARY TO THE LAWS OF WAR.

Funk was vested with, and carried out, major responsibilities in connection with the planning and execution of the Nazi program of economic mobilization for aggression. Thus, in 1938 he succeeded Schacht as Minister of Economics (3533-PS).

Immediately before Funk actually took over the Reich Ministry of Economics there was a major reorganization of its functions, which integrated the Ministry with the Four Year Plan as the Supreme Command of the German military economy. The reorganization was accomplished by Goering, in his capacity as Commissar for the Four Year Plan, by a decree dated 4 February, 1938 (“The Four Year Plan” (Der Vierjahresplan) official monthly bulletin, issued by Goering, Vol. II, 1938, p. 105). Under this decree, the jurisdiction of the Economics Ministry was defined as covering the following fields of Germany’s economy: German raw and working materials, mining, iron industry, power industry, handicrafts, finance and credit, foreign trade, devisen, and exports. As a result of this decree, sectors of the German economy which were strategic in the organization of war and armaments economy were placed under the immediate control of Funk.

Furthermore, the Reich Office for Economic Development, charged by the decree, with “research, planning and execution of the Four Year Plan”, was incorporated into the Reich Ministry of Economics. Similarly, the Reich Office for Soil Research and the Office of the Reich Commissar for the exploitation of Scrap Materials were made subject to that Ministry. Thus, it is clear that the reorganization decree concentrated significant responsibilities in the hands of Funk and thereby made him one of the chief agents of economic mobilization during a decisive period.

Subsequently, Funk was, by a secret law, expressly charged with the task of mobilizing the German economy for war. On 4 September 1938, while the conspirators were engaged in intensive planning for aggression against Czechoslovakia, Hitler signed a revision of the so-called Reich Defense Law (2194-PS). This law conferred upon Funk substantially the same authority which had been vested in Schacht by the Reich Defense Law of 21 May 1935 (2261-PS). The law of 4 September 1938 provided in part:

“It is the task of the GBW [Chief Plenipotentiary for Economics] to put all economic forces into the service of the Reich defense, and to safeguard economically the life of the German nation. To him are subordinate: the Reich Minister of Economics, the Reich Minister of Nutrition and Agriculture, the Reich Minister of Work, the Reich Chief of Forestry, the Reich Commissar for Price Control. He is furthermore responsible for directing the financing of the Reich defense within the realm of the Reich Finance Ministry and the Reich Bank.

“The GBW must carry out the demands of the OKW which are of considerable importance for the armed forces; and he must insure the economic conditions for the production of the armament industry directed immediately by the OKW according to its demands. If the demands of the armed forces cannot be brought into accord with the affairs of economy, then the Fuehrer and Reich Chancellor decides.

“The GBW has the right within his sphere to issue laws with the consent of the OKW and GBV which differ from the existing laws.” (2194-PS).

The law of 4 September 1938, which at the specific direction of Hitler was not made public, was signed by Hitler and by Funk, among others, as “Chief Plenipotentiary for Economics” (2194-PS).

Funk, in a speech which he delivered on 14 October 1939, explained how he, as Chief Plenipotentiary for Economics, had, for a year and a half prior to the launching of the aggression against Poland, advanced Germany’s economic preparation for war. He stated:

“Although all the economic and financial departments were harnessed in the tasks and work of the Four Year Plan under the leadership of Generalfeldmarschall Goering, the war economic preparation of Germany has also been advanced in secret in another sector for well over a year, namely, by means of the formation of a national guiding apparatus for the special war economic tasks, which had to be mastered at that moment, when the condition of war became a fact. For this work as well all economic departments were combined into one administrative authority, namely under the General Plenipotentiary for Economy, to which position the Fuehrer appointed me one and a half years ago.” (3324-PS)

In his dual capacity of Chief Plenipotentiary for Economics and Minister of Economics, Funk naturally was advised of the requirements which the conspirators’ program of aggression imposed on the economy. Thus, during a conference in the Reich Aviation Ministry on 14 October 1938 under the chairmanship of Goering, Goering referred to Hitler’s orders for an abnormal increase of armament, particularly weapons for attack, and directed the Ministry of Economics to submit suggestions on how to finance this rearmament by increasing exports. The report of Goering’s remarks states in part:

“General Field Marshal Goering opened the session by declaring that he intended to give directives about the work for the next months. Everybody knows from the press what the world situation looks like and therefore the Fuehrer has issued an order to him to carry out a gigantic program compared to which previous achievements are insignificant. There are difficulties in the way which he will overcome with utmost energy and ruthlessness.

“The amount of foreign exchange has completely dwindled on account of the preparation for the Czech Enterprise and this makes it necessary that it should be strongly increased immediately. Furthermore, the foreign credits have been greatly overdrawn and thus the strongest export activity—stronger than up to now—is in the foreground. For the next weeks an increased export was first priority in order to improve the foreign exchange situation. The Reich Ministry for Economy should make a plan about raising the export activity by pushing aside the current difficulties which prevent export.

“These gains made through the export are to be used for increased armament. The armament should not be curtailed by the export activity. He received the order from the Fuehrer to increase the armament to an abnormal extent, the air force having first priority. Within the shortest time the air force is to be increased five fold, also the navy should get armed more rapidly and the army should procure large amounts of offensive weapons at a faster rate, particularly heavy artillery pieces and heavy tanks. Along with this manufactured armaments must go; especially fuel, powder and explosives are moved into the foreground. It should be coupled with the accelerated construction of highways, canals, and particularly of the railroads.” (1301-PS).

Goering’s words were the words of one already at war. And the emphasis on quintupling the Air Force and accelerating weapon manufacture for attack, were the words of a man waging aggressive war.

Funk actively participated in the planning of wartime financial measures (1301-PS). This was natural since Funk, after 1938, occupied three positions crucial to finance: Minister of Economics, President of the Reichsbank (to which he was appointed in January 1939), and Chief Plenipotentiary for Economics. Funk’s role in war financing is illustrated by a letter, dated 1 June 1939, from the Chief Plenipotentiary for Economics (Funk), signed on his behalf by Dr. Posse (3562-PS). This letter found in the captured files of the Reich Ministry of Economics, transmitted the minutes of a meeting concerning the financing of the war. This meeting had been held under the chairmanship of Dr. Landfried, Funk’s Undersecretary in the Reich Ministry of Economics. The document bears a marginal note in the bottom left hand corner, dated 5 June, stating that the document was “to be shown to the Minister” [i.e., Funk]. Only eight copies were made of the Minutes, which were marked “Top Secret”. Four of these copies were sent to officials directly subordinate to Funk (two in the Reich Ministry of Economics, one in the Reichsbank, and one in the Office of the Chief Plenipotentiary for Economics). During the course of the meeting, which was attended by twelve officials, five of whom were directly responsible to Funk in his various capacities, the conferees discussed a memorandum regarding war finance which had been prepared by the Chief Plenipotentiary for Economics on May 9, 1939. The minutes of this meeting state:

“* * * Then a report was made of the contents of the ‘Notes on the Question of Internal Financing of War’, of 9 May of this year (appendix to GBW 8/2179/39 Top Secret), in which the figures given to me by the Reichs Minister of Finance are also discussed. It was pointed out that the General Plenipotentiary for the Economy is primarily interested to introduce into the legislation for war finance, the idea of financing war expenditures by anticipating future revenues, to be expected after the war. * * *

“Undersecretary Newman, first, submitted for discussion the question whether the production would be able to meet to the assumed extent, the demands of the Army, especially if the demands of the Army, as stated in the above report, would increase to approximately 14 billions in the first three months of war. He stated that, if the production potential of the present Reich territory is taken as a basis, he doubts the possibility of such a production increase.” (3562-PS).

During the course of the meeting one of the representatives of the High Command stated:

“The demands of the Army would probably be higher in the first three months of war than during the further course of the war.” (3562-PS).

In the files of the Reich Ministry of Economics there was also found, attached to the above letter and minutes, a Top Secret memorandum entitled “Notes Concerning Financing of War.” That memorandum reveals the plans to use the resources of countries to be occupied in the interest of the Nazi war machine. It states:

“* * * First, as concerns the scope of the total production, it is clear that the economic power of the Protectorate and of other territories, possibly to be acquired, must of course be completely exhausted for the purposes of the conduct of the war. It is, however, just as clear that these territories cannot obtain any compensation from the economy of Greater Germany for the products which they will have to give us during the war, because their power must be used fully for the war and for supplying the civilian home population.” (3562-PS).

It is plain that Funk exercised comprehensive authority over large areas of the German economy whose proper organization and direction were critical to effective war preparation. The once powerful German military machine, which rested on the foundation of thorough economic preparation, reflected the contribution which Funk had made to Nazi aggression.

Immediately before this machine was directed against Poland, the final preparatory steps were taken, and the previous appointment of Funk as Chief Plenipotentiary for Economics was made public. Thus on 27 August 1939, Funk, in this capacity, issued two decrees, one introducing general rationing of consumers’ goods, the other setting up regional economic authorities (1939 Reichsgesetzblatt, I, pp. 1495 and 1498).

Finally, on 30 August 1939, Hitler, Goering, and Lammers signed a decree establishing the Ministerial Council for Reich Defense, composed of Goering, Funk, and Hess, among others, to act as a War Cabinet (1939 Reichsgesetzblatt, I, p. 1532).

Funk mobilized the German economy for war with full knowledge of the plans for military aggression. An irresistible inference of such knowledge arises from the combination of several factors: from Funk’s long and intimate association with the Nazi inner circle; from the very nature of his official functions; from the war-dominated setting of Nazi Germany; from the fact that force and the threat of force had become the open and primary instruments of Nazi policy; and finally from the fact that at the same time that Funk was making economic preparations, specific plans for aggression—later to be carried out—were being formulated, plans which could only be effective if they were synchronized with the complementary economic measures.

The inference of Funk’s knowledge and intent is reinforced beyond question by considering, in the light of the factors described above, the more specific evidence of Funk’s knowledge of aggressive plans. Thus, Funk, at the very beginnings of the Nazi Government, had stated that the absorption of Austria by Germany was a political and economic necessity, and that it would be achieved by whatever means were necessary (1760-PS).

Goering had issued instructions to the Ministry of Economics—in the language of a man waging aggressive war (1301-PS). Moreover, Funk and his subordinates in May 1939 were making detailed plans for financing the war, that is, a particular war, the war against Poland (3562-PS).

In connection with Funk’s economic planning for aggression, reference should be made to other evidence of the preparatory work which Funk carried on prior to the aggression against Poland. Shortly before the attack on Poland, in a letter to Hitler dated 25 August 1939, Funk expressed his gratification for his role in the “tremendous events” of these days, and his thanks for Hitler’s approval of his economic war measures. He concluded by giving Hitler his pledge in that hour (699-PS). The text of the letter is as follows:

“Reich Minister Walther Funk.

Berlin W. 8, August 25, 1939. Unter Den Linden 13.

“My Fuehrer:

“For the congratulations which you transmitted to me on my birthday, in such extremely friendly and kind fashion, I want to thank you from the depths of my heart. How happy and how grateful we must be to you to be favored to experience these colossal and world-moving times, and that we can contribute to the tremendous events of these days.

“General-Field-Marshal Goering informed me, that last night you—my Fuehrer—have approved in principle the measures prepared by me for financing the war, for setting up the wage and price systems and for carrying out the plan for an emergency contribution [Notopfer]. This news has made me deeply happy. I hereby most obediently report to you that I have succeeded, through the provisions made already during the last month, to make the German Reichsbank internally so strong and so safe against attack from without that even the most serious disturbances of the international currency and credit systems would be absolutely unable to affect us.

“In the meantime I have in a wholly inconspicuous manner converted into gold all assets of the Reichsbank and of the German economy abroad on which we could possibly lay hands. With the proposals worked out by me regarding a ruthless choking of any unessential consumption and any public expenditure and project not necessary for war we will be able to meet all financial and economic demands without any serious reverberations.

“In my capacity as General Plenipotentiary for Economics, appointed by you, my Fuehrer, I have regarded it as my duty to give you this report and this pledge in this hour.

“Heil, my Fuehrer “(signed) Walther Funk”. (699-PS).

Funk both personally and through duly designated representatives also participated in the planning which preceded the aggression against the USSR. Thus, in April 1941, Rosenberg, after he had been appointed deputy for centralized treatment of problems concerning the Eastern Territories, discussed with Funk the economic problems which would be raised when the plans for aggression in the East were carried out (1039-PS). At that time Funk appointed Dr. Schlotterer as his deputy to work with Rosenberg in connection with the exploitation of the Eastern Territories. Funk’s deputy met with Rosenberg almost daily.

E. FUNK WAS A MEMBER OF WAR-PLANNING AGENCIES WHICH WERE RESPONSIBLE FOR POLICIES AND ACTS CONTRARY TO THE LAWS OF WAR.

After the launching of the Nazi aggression against Poland, Funk, in his capacities as Minister of Economics, President of the Reichsbank, and Chief Plenipotentiary for Economics, and as a member of the Central Planning Board (to which he was appointed in September 1943), actively participated in the waging of aggressive war on the economic front. Moreover, by virtue of his membership in the Central Planning Board, which formulated and directed the execution of the program for the enslavement, exploitation, and degradation of millions of foreign workers, Funk shares special responsibility for the Nazi Slave Labor Program. (See Chapter X on the Slave Labor Program. This special aspect of Funk’s responsibility was left for development by the French prosecuting staff.)

F. CONCLUSION.

It is clear that Funk was a central figure in the Nazi conspiracy and that, as a member of the Nazi inner circle, he helped formulate, was aware of, and promoted the realization of, the conspirators’ program. He knew, moreover, that this program envisaged the use of terror and force within and if necessary outside of Germany, and that it contemplated the use of criminal means. Funk, by promoting the conspirators’ accession to power and the realization of their program, signified his approval of such crimes.

The evidence has also established that, after the Nazi seizure of power, Funk promoted the achievement of the conspirators’ program by virtue of his activities in the Ministry of Propaganda, activities which fomented and carried out the persecution of Jews and dissidents; which psychologically mobilized the German people for aggressive war; and which reduced the willingness and capacity of the conspirators’ intended victims to resist aggression. Funk also participated, as Minister of Economics, in the formulation and execution of the policy for the complete elimination of the Jews from the German economy.

As Minister of Economics, President of the Reichsbank, and Chief Plenipotentiary for Economics, Funk mobilized the German economy for aggressive war, with full knowledge of the conspirators’ plans for aggression. Moreover, in these capacities, and as a member of the Ministerial Council for the Defense and the Central Planning Board, he also actively participated in the waging of aggressive wars. Finally, by virtue of his membership in the Central Planning Board, which formulated and directed the execution of the program for the enslavement, exploitation, and degradation of millions of foreign workers, he bears a special responsibility for the war crimes committed in the execution of that program.

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO WALTER FUNK

12. HJALMAR SCHACHT

The prosecution concedes, at the outset, that although Schacht believed that the Jews of Germany should be stripped of their rights as citizens, he was not in complete sympathy with that aspect of the Nazi Party’s program which involved the wholesale extermination of the Jews, and that he was, for that reason, attacked from time to time by the more extreme elements of the Nazi Party. It further concedes that Schacht, on occasion, gave aid and comfort to individual Jews who sought to escape the indignities generally inflicted upon Jews in Nazi Germany. Schacht’s attitude towards the Jews is exemplified by his speech at the German Eastern Fair, Koenigsberg, on 18 August 1935, wherein he said:

“The Jew must realize that their influence is gone for all times. We desire to keep our people and our culture pure and distinctive, just as the Jews have always demanded this of themselves since the time of the prophet Ezra. But the solution of these problems must be brought about under state leadership, and cannot be left to unregulated individual actions, which mean a disturbing influence on the national

The foregoing concessions should render it unnecessary for Schacht to produce evidence upon these matters.

The prosecution’s case against Schacht is that he planned and prepared for wars of aggression and wars in violation of international treaties, agreements and assurances, and that he knowingly and wilfully participated in the Nazi common plan or conspiracy to plan, prepare, initiate, and wage such wars. The evidence establishes that Schacht actively supported Hitler’s accession to power; that he was the chief architect of the financial plans and devices which made possible the huge program of rearmament in Germany; that he played a dominant role in the economic planning of, and preparation for, wars of aggression; and that he contributed his efforts willingly and with full knowledge of the fact that the leader of the conspiracy, Adolf Hitler, was determined upon attaining his objectives by launching aggressive wars.

A. CHRONOLOGY OF SCHACHT’S OFFICIAL POSITIONS.

The chronology of Schacht’s official positions is as follows:

(1) Schacht was recalled by Hitler to the Presidency of the Reichsbank on 17 March 1933 (3021-PS).

(2) Schacht was appointed acting Minister of Economics by Hitler in August 1934 (3021-PS).

(3) By secret decree, Schacht was appointed General Plenipotentiary for the War Economy in May 1935 (2261-PS).

(4) Schacht was awarded honorary membership in the Nazi Party and the Golden Swastika on 30 January 1937, “the highest honor the Third Reich has to offer” (EC-500).

(5) Schacht was re-appointed for one year as President of the Reichsbank on 16 March 1937 (3021-PS).

(6) Schacht resigned as Minister of Economics and General Plenipotentiary for the War Economy in November 1937 (3021-PS; EC-494).

(7) Hitler appointed Schacht Minister Without Portfolio at the same time (3021-PS).

(8) Schacht was re-appointed for a four year term as President of the Reichsbank on 9 March 1938 (3021-PS).

(9) Schacht was dismissed as President of the Reichsbank on 20 January 1939. In connection therewith, Hitler expressed his deep gratitude for Schacht’s past services and his gratification that Schacht would remain to serve him as Minister Without Portfolio (EC-397).

(10) Schacht remained as Minister Without Portfolio until January 1943, when he was dismissed by Hitler. During the period from the time of his dismissal as President of the Reichsbank until the end of 1942, he continued to receive the full salary he had been paid as the President of the Reichsbank, and thereafter received a pension from the Reichsbank. As Minister Without Portfolio, he received a large salary from the Nazi Government and other emoluments of the office (3724-PS).

B. PRIOR TO 1933, SCHACHT ACCEPTED THE NAZI PROGRAM AND HELPED HITLER TO POWER.

Schacht met Goering for the first time in December 1930, and Hitler early in January 1931, at Goering’s house. He thought that Hitler was “full of will and spirit” and a man “with whom one could cooperate”. Thereafter, he actively supported Hitler’s accession to power (3725-PS; 3729-PS).

Schacht’s belief in the Nazi program and his undivided loyalty to Hitler are revealed in his letter to Hitler dated 29 August 1932, wherein he pledged continued support to Hitler after the latter’s poor showing in the July 1932 elections and proferred advice concerning electioneering tactics. The letter includes the following statements, inter alia:

“But what you could perhaps do with in these days is a word of most sincere sympathy. Your movement is carried internally by so strong a truth and necessity that victory in one form or another cannot elude you for long. * * *”

* * * * * *

“Wherever my work may take me in the near future even if you should see me one day within the fortress—you can always count on me as your reliable assistant.” (EC-457).

Subsequently, on 12 November 1932, he again wrote to Hitler, congratulating him upon his firm attitude and stating:

“I have no doubt that the present development of things can only lead to your becoming chancellor. * * * I am quite confident that the present system is certainly doomed to disintegration.” (EC-456).

The fact that Schacht was in complete accord with Hitler’s program is further shown by the following entry of 21 November 1932, in Goebbels’ diary:

“In a conversation with Dr. Schacht, I assured myself that he absolutely represents our point of view. He is one of the few who accepts the Fuehrer’s position entirely.” (2409-PS).

Schacht has himself confirmed the correctness of Goebbels’ statement (3729-PS).

But Schacht’s contribution to Hitler before his accession to power did not consist merely of comforting him, giving advice, and expressing agreement with the Nazi program. He was an active participant in Hitler’s vigorous campaign to take over the German state. Thus, he openly lent the prestige of his name, which was widely known in banking, financial, and business circles, to Hitler’s cause (3729-PS). He actively undertook to induce business leaders to support Hitler. In his letter to Hitler of 12 November 1932, he wrote that:

“It seems as if our attempt to collect a number of signatures from business circles for this purpose (your becoming Chancellor) was not altogether in vain * * *.” (EC-456)

He organized the financial means for the decisive March 1933 election, at a meeting of Hitler with a group of German industrialists in Berlin. At this meeting, Hitler bluntly announced his plans to destroy the parliamentary system in Germany, to crush all internal opposition by force, to restore the power of the Wehrmacht, and to gain his objectives outside of Germany by the use of force. On this occasion, Schacht collected a campaign fund of several million Marks for Hitler’s use (D-203; EC-439).

In an eulogy of Schacht on the occasion of his sixtieth birthday, the Voelkischer Beobachter, Hitler’s official organ, aptly described Schacht’s activity in the period before the 1933 election as follows:

“In this critical period, Schacht never failed to point at Adolf Hitler as the only possible leader of the Reich.”

* * * * * *

“The name of Dr. Schacht will remain linked with the transition of the German economy to the new National Socialist methods” (EC-499).

C. SCHACHT PLAYED A DOMINANT ROLE IN THE CONSPIRATORS’ PROGRAM OF REARMAMENT AND ECONOMIC PLANNING AND PREPARATION FOR WAR.

Germany was virtually prostrate in the early part of 1933; she was faced with dwindling revenues from taxation and seemingly unable to raise money either through external or internal loans. Hitler entrusted to Schacht the task of wringing from the depressed German economy the tremendous material requirements of armed aggression, and endowed him with vast powers over every sector of German industry, commerce, and finance to carry out that task. Some of the devices which Schacht employed to fulfill his mission will now be examined.

Schacht’s program, as hereinafter outlined, was, by his own admissions, dedicated to the accomplishment of Hitler’s armament program. In a memorandum to Hitler dated 3 May 1935 concerning the financing of armament, Schacht wrote:

“The following comments are based on the assumption that the accomplishment of the armament program in regard to speed and extent, is the task of German policy, and that therefore everything else must be subordinated to this aim, although the reaching of this main goal must not be imperiled by neglecting other questions. * * *”

* * * * * *

“* * * all expenditures which are not urgently needed in other matters, must stop and the entire, in itself small, financial power of Germany must be concentrated toward the one goal: to arm.” (1168-PS).

In a letter to General Thomas dated 29 December 1937, Schacht stated:

“I have always considered a rearmament of the German people as conditio sine qua non of the establishment of a new German nation.” (EC-257).

Schacht’s vast achievements in furtherance of the conspirators’ program may conveniently be considered under four headings: (a) armament financing; (b) the “New Plan”; (c) control of production; and (d) plans and preparations for economic controls during war.

(1) Armament Financing.

(a) Mefo bills. The financing of the conspirators’ huge rearmament program presented a twofold problem to Schacht. First, was the need of obtaining funds over and above the amount which could be obtained through taxation and public loans. Second, was the conspirators’ desire, in the early stages of rearmament, to conceal the extent of their feverish armament activities. Schacht’s answer to the problem was the “mefo” bills, a scheme which he devised for the exclusive use of armament financing (EC-436).

Transactions in “mefo” bills worked as follows: “mefo” bills were drawn by armament contractors and accepted by a limited liability company called the Metallurgische Forschungsgesellschaft, m.b.H.(MEFO). This company was merely a dummy organization; it had a nominal capital of only one million Reichsmarks. “Mefo” bills ran for six months, but provision was made for extensions running consecutively for three months each. The drawer could present his “mefo” bills to any German bank for discount at any time, and these banks, in turn, could rediscount the bills at the Reichsbank at any time within the last three months of their earliest maturity. The amount of “mefo” bills outstanding was a guarded state secret (EC-436). The “mefo” bill system continued to be used until 1 April 1938, when 12 billion Reichsmarks of “mefo” bills were outstanding (EC-436). This method of financing enabled the Reich to obtain credit from the Reichsbank which, under existing statutes, it could not directly have obtained. Direct lending to the Government by the Reichsbank had been limited by statute to 100 million Reichsmarks (Reichsgesetzblatt, 1924, II, p. 241). Schacht has conceded that his “mefo” bill device “enabled the Reichsbank to lend by a subterfuge to the Government what it normally or legally could not do” (3728-PS).

In a speech delivered on 29 November 1938, Schacht glowingly described the credit policy of the Reichsbank of which he was the author as follows:

“It is possible that no bank of issue in peacetimes carried on such a daring credit policy at the Reichsbank since the seizure of power by National Socialism. With the aid of this credit policy, however, Germany created an armament second to none, and this armament in turn made possible the results of our policy.” (EC-611).

The “daring credit policy,” which made possible the creation of “an armament second to none,” obviously embraced the “mefo” bill financing which he had contrived.

(b) Use of funds of opponents of Nazi regime. In his efforts to draw upon every possible source of funds for the conspirators’ rearmament program, Schacht even used the blocked funds of foreigners’ deposits in the Reichsbank. In his memorandum to Hitler of 3 May 1935, Schacht boasted:

“The Reichsbank invested the major part of Reichsbank accounts owned by foreigners, and which were accessible to the Reichsbank, in armament drafts. Our armaments are, therefore, being financed partially with the assets of our political opponents.” (1168-PS).

(c) Taxation and long term indebtedness. “Mefo” bills and the funds of political opponents of the conspirators were, of course, not the only sources from which Schacht drew to finance the armament program. Funds for rearmament were likewise derived from taxation and an increase in public debt—channels through which part of national income is ordinarily diverted to public authorities. But what distinguished the conspirators’ program of public indebtedness was the fact that the German capital market was completely harnessed to the expanding needs of the Nazi war machine. By a series of controls, they reduced to the minimum consistent with their rearmament program, all private issues which might have competed with Government issues for the limited funds in the capital market. Thus, the capital market was, in effect, pre-empted for Government issues (EC-497; EC-611).

During the period from 31 December 1932 to 30 June 1938, the funded debt of the Reich rose from 10.4 billion Marks to 19 billion Marks (EC-419).

This large increase in funded debt was dedicated “as far as possible” to “the financing of armament and the Four-Year Plan” (EC-611).

(2) The New Plan. The conspirators’ grandiose armament plans obviously required huge quantities of raw materials. Schacht was a proponent of the view that as much of the requisite raw materials as possible should be produced within Germany. At the same time, however, he recognized that large imports of raw materials were indispensable to the success of the conspirators’ gigantic armament program. To that end, he fashioned an intricate system of controls and devices which he called the “New Plan” (Reichsgesetzblatt, 1934, I, pp. 816, 829, 864; Reichsgesetzblatt, 1935, I, p. 105).

There were three main features of the “New Plan” as devised by Schacht: (1) restriction of the demand for such foreign exchange as would be used for purposes unrelated to the conspirators’ rearmament program; (2) increase of the supply of foreign exchange, as a means of paying for essential imports which could not otherwise be acquired; and (3) clearing agreements and other devices obviating the need for foreign exchange. Under the “New Plan”, economic transactions between Germany and the outside world were no longer governed by the autonomous price mechanism; they were determined by a number of Government agencies whose primary aim was to satisfy the needs of the conspirators’ military economy (EC-437).

Schacht accomplished the negative task of restricting the demand for foreign exchange

“by various measures suspending the service on Germany’s foreign indebtedness, by freezing other claims of foreigners on Germany, by a stringent system of export controls and by eliminating foreign travel and other unessential foreign expenditures.” (EC-437).

In order to increase the available supply of foreign exchange

“Schacht repeatedly requisitioned all existing foreign exchange reserves of German residents, required all foreign exchange arising out of current exports and other transactions to be sold to the Reichsbank, and by developing new export markets. Exports were encouraged by direct subsidies and by accepting partial payment in German foreign bonds or in restricted Marks which could be acquired by foreign importers at a substantial discount.” (EC-437).

A vast network of organizations was erected to effectuate these various measures. Suffice it for the present purposes to mention merely one of these organizations: the supervisory agencies (Ueberwachungsstellen). These agencies, which were under Schacht’s control as Minister of Economics, decided whether given imports and exports were desirable; whether the quantities, prices, credit terms, and countries involved were satisfactory; and, in short, whether any particular transaction advanced the conspirators’ armament program. The overriding military purpose of the series of controls instituted under the “New Plan” is plainly shown in Schacht’s letter of 5 August 1937 to Goering, wherein he said:

“* * * The very necessity of bringing our armament up to a certain level as rapidly as possible must place in the foreground the idea of as large returns as possible in foreign exchange and therewith the greatest possible assurance of raw material supplies, through exporting.” (EC-497)

There remains for consideration that aspect of the “New Plan” which involved extensive use of clearing agreements and other arrangements made by Schacht to obtain materials from abroad without the expenditure of foreign exchange. The principle of the clearing system is as follows: The importer makes a deposit of the purchase price in his own currency at the national clearing agency of his country, which places the same amount to the credit of the clearing agency of the exporting country. The latter institution then pays the exporter in his own currency. Thus, if trade between two countries is unequal, the clearing agency of one acquires a claim against the agency of the other. That claim, however, is satisfied only when a shift in the balance of trade gives rise to an offsetting claim.

This device was used by Schacht as a means of exploiting Germany’s position as Europe’s largest consumer in order to acquire essential raw materials from countries which, because of the world wide economic depression, were dependent upon the German market as an outlet for their surplus products. Speaking of his system of obtaining materials abroad without the use of foreign exchange, Schacht has stated:

“It has been shown that, in contrast to everything which classical national economy has hitherto taught, not the producer but the consumer is the ruling factor in economic life. And this thesis is somewhat connected with general social and political observations, because it establishes the fact that the number of consumers is considerably larger than the number of producers, a fact which exercises a not inconsiderable social and political pressure.” (EC-611)

Schacht’s clearing agreements were particularly effective in Southeastern Europe, where agricultural exports had been considerably curtailed by competition from the more extensive and efficient overseas agriculture. The success of Schacht’s ruthless use of Germany’s bargaining position is indicated by the fact that by August 1937, there had been imported into Germany approximately one half billion Reichsmarks of goods in excess of the amount delivered under the clearing arrangements. In his letter to Goering dated 5 August 1937, Schacht stated:

“* * * in clearing transactions with countries furnishing raw materials and food products we have bought in excess of the goods we were able to deliver to these countries (namely, Southeastern Europe and Turkey) roughly one half billion RM * * *.” (EC-497)

Thus, through this device, Schacht was able to extract huge loans from foreign countries which Germany could not have obtained through ordinary channels. The device as developed by Schacht was subsequently used during the war as a means of systematically exploiting the occupied countries of Western Europe.

In addition to the clearing agreements, Schacht devised the system which came to be known as the “aski” accounts. This scheme likewise obviated the need for free currency (i.e. Reichsmarks freely convertible into foreign currency at the official rate—U. S. dollars, pounds sterling, etc). The system worked as follows: The German foreign exchange control administration would authorize imports of goods in specified quantities and categories on the condition that the foreign sellers agreed to accept payment in the form of Mark credits to accounts of a special type held in German banks. These accounts were called “aski”, an abbreviation of Auslander Sonderkonten fuer Inlandszahlungen (foreigners’ special accounts for inland payments). The so-called “aski” Marks in such an account could be used to purchase German goods only for export to the country of the holder of the account; they could not be converted into foreign currency at the official rates of exchange. Each group of “aski” accounts formed a separate “island of exchange” in which the German authorities, under Schacht’s leadership, could apply their control as the country’s bargaining position in each case seemed to warrant.

Schacht’s ingenious devices were eminently successful. They admirably served the conspirators’ need of obtaining materials which were necessary to create and maintain their war machine. On this point, Schacht has stated:

“The success of the New Plan can be proved by means of a few figures. Calculated according to quantity, the import of finished products was throttled by 63 percent between 1934 and 1937. On the other hand, the import of ores was increased by 132 percent, of petroleum by 116, of grain by 102 and of rubber by 71 percent.”

* * * * * *

“These figures show how much the New Plan contributed to the execution of the armament program as well as to the securing of our food.” (EC-611)

(3) Production Control. As an additional means of assuring that the conspirators’ military needs would be met, Schacht adopted a host of controls over the productive mechanism of Germany, extending, inter alia, to the allocation of raw materials, regulation of productive capacity, use of abundant or synthetic substitutes in place of declining stocks of urgently needed materials, and the erection of new capacity for the production of essential commodities. The structure of regulation was built up out of thousands of decrees in which governmental agencies under Schacht’s control issued permits, prohibitions, and instructions. These decrees were the outgrowth of carefully laid plans of the Ministry of Economics, of which Schacht was the head, concerning “economic preparation for the conduct of war”, and in accordance with its view that “genuine positive economic mobilization” demanded that “exact instructions for every individual commercial undertaking are laid down by a central authority” (EC-128).

The plan to allocate raw materials was carried out through myriad “orders to produce” specifying that certain commodities must or must not be produced; “orders to process or use” prescribing the type and quantity of raw material which could or could not be used in the production of a given commodity; orders specifying that scarce raw materials could be used only as admixtures with more plentiful but inferior products; and other like measures. The precise details of these orders are unimportant for present purposes. Their significance lies in the fact that they were governed by a central purpose: preparation for war. In the above mentioned secret report issued in September 1934 by the Ministry of Economics it was said:

“Rules are to be initiated for the allotment of scarce raw materials etc.; and their use and processing for other than war, or otherwise absolutely vital, goods is prohibited.” (EC-128)

The military aspects of Schacht’s plans to increase the production of scarce raw materials within Germany, and thereby reduce Germany’s dependence upon foreign countries for materials needed in the rearmament program, are likewise revealed in the aforementioned report of the Ministry of Economics of September 1934:

“The investigations initiated by the Raw Materials Commission and the measures introduced for enlarging our raw materials basis through home production as well as for furthering the production of substitute materials will directly benefit war economy preparations.” (EC-128)

(4) Plans and Preparations for Economic Controls During War. Pursuant to the unpublished Reich Defense Law secretly enacted on 21 May 1935, Schacht was appointed General Plenipotentiary for War Economy by Hitler. Under this law, Schacht was placed in complete charge of economic planning and preparation for war in peacetime, except for the direct production of armaments which was entrusted to the Ministry of War; and upon the outbreak of war, Schacht was to be the virtual economic dictator of Germany. His task was “to put all economic forces in the service of carrying on the war and to secure the life of the German people economically”. In order to facilitate his task, the Ministers of Economy, Food and Agriculture, Labor, and Forestry were subordinated to him, and he was authorized “within his realm of responsibility, to issue legal regulations which may deviate from existing regulations”. The necessity for absolute secrecy was stressed (2261-PS).

Schacht appointed Wohlthat as his deputy General Plenipotentiary for War Economy and organized a staff to carry out his directives. Schacht has admitted that he must accept full responsibility for the actions of these subordinates (3729-PS).

Before his resignation in late 1937, Schacht had worked out in amazing detail his plans and preparations for the German economy in the forthcoming war. Recognizing that wartime controls, to be effective, must be based on adequate information, Schacht had directed the completion of comprehensive surveys of 180,000 industrial plants in Germany and had compiled statistics concerning

“* * * the composition of the labor force as to sex, age, and training, the consumption of raw and auxiliary material, fuels, power, the productive capacity, the domestic and foreign trade as well as the supply of material and products in the beginning and at the end of the year.” (EC-258)

On the basis of the statistical data thus collected, plans had been formulated by the end of 1937 wherein

“* * * the needs of the Armed Forces and the civilian minimum needs in wartime are compared with the covering thereof by supplies and production.” (EC-258)

The supervisory boards, which were briefly described above in connection with the import and export controls, were charged with “preparing their orders for the regulation of war contracts and fees”, and were instructed to coordinate with various Reich manpower authorities to secure “their indispensable personnel” (EC-258).

Special measures were taken under Schacht’s direction, to maintain “mobilization stocks” of coal and to assure their distribution in accordance with the wartime needs of armament factories and large consumers. Large “gasoline storage places” were constructed for use of the Wehrmacht and “gasoline stations and gasoline stores” were designated “for the first equipment of the troops in case of mobilization”. Careful plans were also made for the allocation of power during war, and practice manoeuvers were held in order to determine “what measures have to be taken in case places of power generation should be eliminated” (EC-258).

Evacuation plans for the removal of war materials, agricultural products, skilled workers, and animals from military zones were worked out by the Office of the Plenipotentiary for War Economy with characteristic thoroughness. Thus, “the supplies and skilled workers in the evacuation zones” were “registered, earmarked for transportation into certain salvage areas and registered with the Wehrkreiskommandos by the field offices of evacuation and salvaging plans” (EC-258).

Detailed plans for a system of rationing to become effective immediately upon mobilization had already been made by the end of 1937:

“The 80 million ration cards necessary for this purpose have already been printed and deposited with the Landrats, Chief Mayors, and corresponding authorities. The further distribution of the ration cards to the individual households is prepared by these authorities to take place within 24 hours after mobilization has been ordered.” (EC-258).

Trusted persons whose reliability had been attested to by the Secret State Police were installed in important enterprises and charged with the execution of “measures which guarantee the maintenance of production of their enterprises in the event of mobilization”. Their functions likewise extended, among other matters, to applying “for exemptions from military service” of “employees who are indispensable to their enterprise”, and seeking immunity from requisition by the Wehrmacht of all motor trucks which were needed in the enterprises to which they were assigned (EC-258).

Pursuant to directives issued by Schacht as Plenipotentiary, labor authorities of the Government ascertained “the available amount of manpower, the wartime requirements of manpower and measures for the covering of the wartime needs”. The wartime needs were to be met in part “by using reserve manpower (manpower theretofore used in non-essential enterprises, women, etc.)”, and by making “every change of working place and every hiring of workers dependent upon the consent of the Labor Office” (EC-258).

The foregoing measures, it should be noted, are merely representative; they are not exhaustive. But enough appears to make it abundantly clear that Schacht’s contribution, by any standard was an extraordinarily important one. Enough appears, moreover, to give particular emphasis to the following observations of the Honorable George S. Messersmith, United States Consul General in Berlin from 1930 to 1934:

“It was his [Schacht’s] financial ability that enabled the Nazi regime in the early days to find the financial basis for the tremendous armament program and which made it possible to carry it through. If it had not been for his efforts, and this is not a personal observation of mine only but I believe was shared and is shared by every observer at the time, the Nazi regime would have been unable to maintain itself in power and to establish its control over Germany, much less to create the enormous war machine which was necessary for its objectives in Europe and later throughout the world.

“The increased industrial activity in Germany incident to rearmament made great imports of raw materials necessary while at the same time exports were decreasing. Yet by Schacht’s resourcefulness, his complete financial ruthlessness, and his absolute cynicism, Schacht was able to maintain and to establish the situation for the Nazis. Unquestionably without this complete lending of his capacities to the Nazi Government and all of its ambitions, it would have been impossible for Hitler and the Nazis to develop an Armed Force sufficient to permit Germany to launch an aggressive war.” (EC-451).

D. SCHACHT PARTICIPATED IN THE NAZI CONSPIRACY PURPOSELY, WILLINGLY, AND WITH KNOWLEDGE OF ITS ILLEGAL AIMS AND METHODS.

(1) He was a faithful adherent of Hitler. It has already been demonstrated that even before Hitler’s accession to power, Schacht aligned himself with Hitler and accepted his program. Schacht’s utterances after Hitler had entrenched himself in power clearly show that he remained a faithful servant of Hitler despite the series of outrages committed under Hitler’s direction.

At the opening of the Leipzig Fair on 4 March 1935, Schacht said:

“My so-called foreign friends don’t render any services to me or the cause, which they don’t want anyway, of course, but not even to themselves, if they try to construe a contrast between me and the allegedly impossible economic theories of National Socialism and represent me as a sort of guardian of economic reason. I assure you that all that I am doing and saying enjoys the absolute approval of the Fuehrer and that I would never do or say anything that does not have his approval. Not I but the Fuehrer is the guardian of economic reason.” (EC-503)

On the occasion of the unveiling of Hitler’s bust in the vestibule of the Reichsbank on 31 July 1935, Schacht said:

“Germany stays and falls with the success of the policy of Hitler.” (EC-415)

At a ceremony in connection with the creation of the Economic Chamber for Pomerania in Stettin on 19 January 1936, Schacht denied that there was any disagreement between Hitler and his collaborators, and went on to say:

“In Germany there is fortunately only one policy and one economic policy, namely that of Adolf Hitler; to work with him and for his goals is the highest satisfaction for every member of the people’s community.” (EC-502)

In May 1936, Schacht was attacked by some of the more radical elements of the Nazi Party because he had rejected their “partially irrational ideas” concerning armament financing. In repelling these attacks, Schacht emphasized at a secret meeting of the Ministers on 12 May 1936, that his program of financing armaments had meant “the commitment of the last reserve from the very beginning”; and he announced that despite the attacks, he would continue to work because he

“* * * stands with unswerving loyalty to the Fuehrer, because he fully recognizes the basic idea of National Socialism and because at the end, the disturbances, compared to the great task, can be considered irrelevant.” (1301-PS).

So far as appears, Schacht did not become a member of the Nazi Party until January 1937. Franz Reuter, whose biography of Schacht was officially published in Germany in 1937, has stated that Schacht’s becoming a regular Party member was only a question of secondary importance, and even part of a carefully planned policy, for,

“By not doing so—at least until the final assertion, and victory of the Party—he [Schacht] was able to assist it [the Party] much better than he would have been able to do had he become an official Party member.” (EC-460)

On 30 January 1937, Hitler bestowed the Golden Party Badge upon Schacht, in recognition of his “special services to Party and State.” Schacht accepted this hallmark of approval by the Fuehrer with effusive thanks and a pledge of continued support. In his speech of acceptance, Schacht stated:

“The presentation of the Golden Badge of the Movement is the highest honor the Third Reich has to offer. In honoring me as the head of the Reichsbank and the Reich and Prussian Ministry of Economics, it honors at the same time the two agencies which I am directing as well as the work of all those officials, employees and workers functioning in these two agencies.”

* * * * * *

“I thank all my colleagues among the ranks of officials, employees, and workers for their faithfulness in the performance of their work, and appeal to all of them further to devote, with all their hearts, their entire strength to the Fuehrer and the Reich. The German future lies in the hands of our Fuehrer.” (EC-500)

The depths of adulation were reached in a speech which Schacht delivered on the occasion of Hitler’s 48th birthday in April 1937. Schacht spoke as one of Hitler’s “closest collaborators,” who had seen at first hand the difficulties which beset the Fuehrer in the relentless march toward his goals. In his speech, Schacht stated:

“With the limitless passion of a burning heart and the infallible instinct of the born statesman, Adolf Hitler has won for himself the soul of the German people in a battle fought for 14 years with unswerving consequence.”

* * * * * *

“Only the closest collaborators of the Fuehrer know how difficult is the burden of this responsibility; how sorrowful are the hours during which decisions must be made which bear upon the well being and the fate of all of Germany.” (EC-501)

In November 1938, at a time Schacht now asserts he was plotting against Hitler, he stated in a speech:

“Instead of a weak and vacillating Government, a single, purposeful, energetic personality is ruling today. That is the great miracle which has actually happened in Germany and which has had its effects in all fields of life and not least in that of economy and finance. There is no German financial miracle. There is only the miracle of the reawakening of German national consciousness and German discipline, and we owe this miracle to our Fuehrer Adolf Hitler.” (EC-611)

(2) Schacht favored the acquisition of additional territory for Germany—peacefully if possible, but by aggressive war, if necessary. Schacht had long been a German nationalist and expansionist. As early as 1927, he spoke against the Versailles Treaty:

“The Versailles Dictate cannot be an eternal document, because not only its economic, but also its spiritual and moral premises are wrong.” (EC-415)

He strongly favored the acquisition by Germany of both colonial territory and contiguous territory in Europe. At the Paris conference on 16 April 1929, he said:

“Germany can generally only pay if the Corridor and Upper Silesia will be handed back to Germany from Polish possession, and if besides somewhere on the earth colonial territory will be made available to Germany.” (3726-PS)

In a speech in Danzig in June 1935, Schacht ascribed the economic difficulties which confronted Danzig to “historical errors of the greatest extent which were beyond the control of the German people”. He sought to comfort his listeners with the assurance that

“We Germans in the Reich today are looking with fullest confidence upon our comrades in the Danzig Free State, and maintain our people’s fellowship with the interests, wishes and hopes of this territory which has unfortunately been separated from us.” (EC-498)

In January 1936, Schacht again publicly spoke against the Versailles Treaty, and impliedly threatened war unless its terms were revised in Germany’s favor. At that time, he stated:

“But the memory of war weighs undiminished upon the people’s minds. That is because deeper than material wounds, moral wounds are smarting, inflicted by the so-called peace treaties. Material loss can be made up through renewed labor, but the moral wrong which has been inflicted upon the conquered peoples, in the peace dictates, leaves a burning scar on the people’s conscience. The spirit of the Versailles has perpetuated the fury of war, and there will not be a true peace, progress or reconstruction until the world desists from this spirit. The German people will not tire of pronouncing this warning.” (EC-415)

Later in the same year, Schacht again publicly advocated “Lebensraum” for the German people in terms not unlike those employed by Hitler. In his speech at Frankfurt on 9 December 1936, Schacht said:

“Germany has too little living space for her population. She has made every effort, and certainly greater efforts than any other nation, to extract from her own existing small space, whatever is necessary for the securing of her livelihood. However, in spite of all these efforts the space does not suffice.” (EC-415)

Schacht had hoped, it is believed, that his desire for additional space for Germany would be realized without resort to war. In Austria, for example, he had authorized 200,000 Marks a month to be set aside for the National Socialists in Austria, hoping thereby to facilitate the absorption of Austria into Germany without war. But if Germany’s neighbors would not accede to the conspirators’ demands for additional space, Schacht was willing to go to war to fulfill those demands.

Thus, on 23 September 1935, Schacht told S. R. Fuller, Jr. at the American Embassy in Berlin:

“Colonies are necessary to Germany. We shall get them through negotiation if possible; but if not, we shall take them.” (EC-450)

In January 1937, Schacht, in a conversation with Ambassador Davies, impliedly threatened a breach of the peace unless Germany’s demands for colonies were met. The conversation is related as follows in a report under date of 20 January 1937, by Ambassador Davies to the Secretary of State:

“He [Schacht] stated the following: that the present condition of the Germany people was intolerable, desperate and unendurable; that he had been authorized by his Government to submit proposals to France and England which would (1) guarantee European peace; (2) secure present European international boundaries; (3) reduce armaments; (4) establish a new form of a workable League of Nations; (5) abolish sanctions with new machinery for joint administration; all based upon a colonial cession that would provide for Germany an outlet for population, source for food stuffs, fats and raw material. * * *” (L-111)

The inference was clear: without a colonial cession, peace could not be guaranteed. Equally clear was the inference that it would be Germany in its search for “Lebensraum” that would disturb the peace.

On 21 December 1937, Schacht indicated to Ambassador Dodd that he desired the annexation of neighboring countries, without war if possible, but with war, if necessary. The pertinent portion of Ambassador Dodd’s notes on this conversation are as follows:

“Schacht meant what the Army chiefs of 1914 meant when they invaded Belgium, expecting to conquer France in six weeks; i.e., domination and annexation of neighboring little countries, especially north and east. Much as he dislikes Hitler’s dictatorship, he, as most other eminent Germans, wishes annexation—without war if possible, with war, if the United States will keep hands off.” (EC-461)

(3) Schacht knew of Hitler’s plans to wage aggressive war and wilfully provided the means whereby such a war might successfully be waged. Whether or not Schacht personally favored war, it is clear that he at least knew that Hitler planned military aggression and that he was providing Hitler with the instrument by which those plans could be executed. Even before Hitler’s accession to power, Schacht knew from a reading of Mein Kampf that Hitler was bent upon expansion to the East by force of arms (3727-PS).

In the course of his frequent contacts with Mr. Messersmith, United States Consul General in Berlin from 1930 to 1934, Schacht emphasized that the “Nazis were inevitably going to plunge Europe into war” (EC-451).

In September of 1934, Ambassador Dodd recorded in his diary a conversation with Sir Eric Phipps at the British Embassy in Berlin, wherein he stated that “Schacht had acknowledged to me the war purposes of the Nazi Party” (EC-461).

Schacht has admitted that in the course of his numerous talks with Hitler from 1933 to 1937, he formed the impression that “in order to make his hold on the Government secure, the Fuehrer felt that he must present the German people with a military victory” (EC-458).

These admissions by Schacht are fortified by other evidence which shows that Schacht knew that Hitler planned military aggression. After his appointment as Minister of Economics, Schacht became a permanent member of the secret Reich Defense Council. The function of that Council, as shown in other connections, was secretly to mobilize all of the human and material resources of Germany for war (EC-177).

Shortly after his appointment as the Plenipotentiary General for the War Economy in May 1935, Schacht was entrusted by the Reich Defense Council with the “preparation of economic mobilization” in connection with the proposed re-occupation of the Rhineland. Schacht and those officials who were charged with the purely military aspects of the re-occupation were enjoined to proceed with the utmost secrecy because of assurances given by Hitler to the French that no military action was contemplated in the de-militarized zone of the Rhineland (EC-405).

At the 11th meeting of the Reich Defense Council, on 6 December 1935, which was attended by a number of representatives from Schacht’s office of Plenipotentiary of the War Economy, Keitel pointed out that

“According to the will of the Fuehrer, the economic leadership puts the increase of our armed might knowingly ahead of other requirements of the state. It is the task of all members of the Reich Defense Council to utilize the national property, made available, primarily for this purpose and economically in the framework of the entire situation, and request only such funds and raw materials which serve absolutely and exclusively the Reich Defense. * * *”

The singleness of purpose with which Schacht and the other conspirators were gearing the German economy for war is strikingly shown by the Top Secret minutes of the meeting of ministers dated 30 May 1936. This, it will be recalled, was little more than 10 weeks after German troops had occupied the Rhineland. At this meeting, Schacht pointed out that “it must be attempted to produce those raw materials within Germany which are economically favorable; for other raw materials ready reserves for the case of mobilization”; and also that “certain raw materials for war must be stocked.” Continuing the discussion, Goering emphasized that “all measures are to be considered from the standpoint of an assured waging of war.” Thereafter, Schacht advocated the introduction of price supervision and agreed that first priority should be given to the “specially urgent petroleum question” (1301-PS).

By Top Secret letter dated 31 August 1936, Schacht was advised by General von Blomberg that Hitler had ordered that “the setting up of all air force units has to be completed on 1 April 1937”. This accelerated program entailed the expenditure of large additional funds which Schacht and the Minister of Finance were called upon to supply. The sense of urgency with which Hitler pressed the completion of the German air force patently signified that the waging of war was a certainty (1301-PS).

Shortly after the receipt of this letter, and on 4 September 1936, Schacht attended a secret cabinet meeting where Goering stated:

“The Fuehrer and Reichskanzler has given a memorandum to the Col. General and the Reich War Minister which represents a general instruction for the execution thereof.

“It starts from the basic thought that the showdown with Russia is inevitable.”

* * * * * *

“The Colonel General reads the memorandum of the Fuehrer.”

* * * * * *

“If war should break out tomorrow we would be forced to take measures from which we might possibly still shy away at the present moment. They are, therefore, to be taken.”

* * * * * *

“All measures have to be taken just as if we were actually in the stage of imminent danger of war.” (EC-416).

There was no room for surmise in these utterances; Hitler was definitely and irrevocably committed to waging aggressive war. If Schacht ever had any doubts concerning Hitler’s firm resolve to carry out the program of aggressive war outlined in Mein Kampf; if, contrary to his statements to Mr. Messersmith and Ambassador Dodd, Schacht actually doubted in 1934 that the Nazis, whom he was faithfully serving, would inevitably plunge Europe into war; and if, despite the pressing sense of immediacy that had pervaded the Nazi war economy from the very outset, he had entertained lingering doubts concerning Hitler’s plans for armed aggression, all such doubts must have been removed by the clear and unequivocal pronouncements in the above-mentioned eventful meetings of 1936 in which he participated.

Yet, despite his knowledge of Hitler’s plans to wage aggressive war, despite the fact that he had grave technical doubts about the ability of the Reichsbank to finance further armaments through additional short term credits, and despite the fact that some directors of the Reichsbank had opposed further “mefo” financing, Schacht pledged another 3 billion Reichsmarks by the “mefo” bill method for further financing of armaments in March 1937 (EC-438).

The Hossbach notes, dated 10 November 1937, on the important conference of 5 November 1937 in the Reichskanzlei, reveal a further crystallization of Hitler’s program of absorption and conquest in Europe (386-PS). Definite plans were laid for the early acquisition of Austria and Czechoslovakia, and for their exploitation in preparation for further military operations. So far as appears, Schacht was not present at this particular meeting. But his awareness of what occurred at the meeting is shown by the fact that he told Ambassador Bullitt on 23 November 1937, that

“Hitler was determined to have Austria eventually attached to Germany and to obtain at least autonomy for the Germans of Bohemia. At the present moment he was not vitally concerned about the Polish Corridor, and in his [Schacht’s] opinion it might be possible to maintain the Corridor provided Danzig were permitted to join East Prussia, and provided some sort of a bridge could be built across the Corridor uniting Danzig and East Prussia with Germany.” (L-151).

Although Schacht apparently sought to convey the impression to Ambassador Bullitt that he desired to stay Hitler’s hand but was powerless to do so, it is clear that he was actually in complete sympathy with Hitler’s objectives. Despite the mounting tension which followed his conversation with Ambassador Bullitt, Schacht remained as President of the Reichsbank, and in that capacity established, in advance of the invasion of Austria, the rate of exchange between Marks and Austrian Schillings which was to prevail after the absorption of Austria (EC-421).

Moreover, under his direction, the Austrian National Bank was merged into the Reichsbank (Reichsgesetzblatt, 1938, I, 254). His speech of 21 March 1938, to the employees of the former Austrian National Bank on the occasion of its obliteration as an independent institution, betrayed his true feelings. After inveighing against “the dictates of Versailles and St. Germain”, Schacht stated:

“Thank God, these things could after all not hinder the great German people on their way, for Adolf Hitler has created a communion of German will and German thought, he bolstered it up with the newly strengthened Wehrmacht and he then finally gave the external form to the inner union between Germany and Austria.”

* * * * * *

“One person says he would have done it maybe in one way, but the remarkable thing is that they did not do it (hilarity), that IT WAS ONLY DONE BY OUR ADOLF HITLER (Long continued applause) and if there is still something left to be improved, then those grumblers should try to bring about those improvements from the German Reich and within the German community, but not to disturb it from without. (Lively agreement)”.

* * * * * *

“I ask you to raise your hands and to repeat after me:

I swear that: I will be faithful, and obedient to the Fuehrer of the German Reich and the German people, Adolf Hitler, and will perform my duties conscientiously and selflessly. (The audience takes the pledge with uplifted hands).

You have taken this pledge. A scoundrel he who breaks it. To our Fuehrer a triple ‘Sieg heil’.” (EC-297-A)

Schacht was likewise enthusiastic about the acquisition of the Sudetenland, and filled with pride over the contribution his credit policy as head of the Reichsbank had made thereto (EC-611).

In January 1939, when Hitler was ruthlessly exploiting his successes in Austria and the Sudetenland in preparation for his next aggressive move, Schacht again referred, with pride, to the fact that the Wehrmacht which he had helped create by his ingenious and risky methods had made possible Hitler’s successes. Thus, he said:

“From the beginning the Reichsbank has been aware of the fact that a successful foreign policy can be attained only by the reconstruction of the German armed forces. It [the Reichsbank] therefore assumed to a very great extent the responsibility to finance the rearmament in spite of the inherent dangers to the currency. The justification thereof was the necessity—which pushed all other considerations into the background—to carry through the armament at once, out of nothing and furthermore under camouflage, which made a respect-commanding foreign policy possible.” (EC-369)

The foregoing proof establishes, it seems clear, that Schacht knew of Hitler’s plans for aggressive war, and wilfully created the means whereby those plans could be executed. But apart from this direct proof, it is submitted that to a man in Schacht’s position, the events of the period clearly bespoke Hitler’s intentions. Schacht was a key figure in the Nazi Government during the period of the Nazi agitation in Austria, the introduction of conscription, the march into the Rhineland, the conquest of Austria, and the acquisition of the Sudetenland by a show of force.

During this period, the Reich debt trebled under the stress of mounting armaments (EC-419), and all the resources of Germany were being strained to the very limit for armament. It was a period in which the burning European foreign policy issue was the satisfaction of Germany’s repeated demands for additional territory. Hitler, committed to a policy of expansion, was laying the greatest stress upon utmost speed in preparation for war.

Certainly in this setting, Schacht did not proceed in ignorance of the fact that he was assisting Hitler and Nazi Germany along the road towards armed aggression.

E. SCHACHT’S LOSS OF POWER DID NOT IMPLY DISAGREEMENT WITH THE CONSPIRATORS’ PROGRAM OF AGGRESSIVE WAR.

(1) His resignation as Minister of Economics and General Plenipotentiary for War Economy. In November 1937, Schacht resigned his offices as Minister of Economics and General Plenipotentiary for War Economy. At the same time, he accepted appointment as Minister without Portfolio, and continued as President of the Reichsbank. It is submitted that the evidence shows that Schacht’s resignations were merely the outgrowth of a clash between two power-seeking individuals, Goering and Schacht, over methods of creating a war economy and over who should have final authority to direct the completion of the task. So far as appears, Schacht was in full accord with the other conspirators upon the desirability of providing Hitler with the means by which he eventually could carry out his planned aggressions.

The basic differences between Schacht and Goering date from a period shortly after Goering became head of the Four-Year Plan Office. The latter office was created by Hitler in September 1936, and in connection therewith, Goering was “given far reaching powers to issue directives to all the highest offices of the State and Party”. Goering conceived of his function as head of the Four-Year Plan Office “within four years to put the entire economy in a state of readiness for war” (EC-408).

Schacht was in agreement with the “aim and idea” of the Four-Year Plan. He promised Goering his complete support and cooperation, and urged that Goering draw upon Schacht’s long experience in economic affairs. Thus, in Schacht’s letter of 5 August 1937, to Goering, he said:

“The aim and the idea of the Four Year Plan were and remain entirely correct and necessary! It stands, essentially, for the application of increased energy to the efforts already undertaken by my ministry since 1934 with the results shown in the above statistics. As you will remember, I welcomed it when your energy, my dear Prime Minister, was recruited by the Fuehrer for these tasks, and from the very beginning I gave you my most loyal support and cooperation, with the particular plea that I be given a hearing from time to time, since I believed that my more than thirty years of experience in economic life, half of them in public service, could be of value to you.” (EC-497)

Goering, however, failed to avail himself of Schacht’s offer of his services. “I can only regret,” said Schacht in the aforementioned letter, “that you have made so little use of my offer” (EC-497). Instead, Goering began to encroach upon powers which had been delegated to Schacht, and they became embroiled in a bitter jurisdictional conflict. On 26 November 1936, Goering issued a directive regarding raw and synthetic material production, whereby he undertook to assume control over large economic areas previously within Schacht’s province (EC-243).

Schacht did not supinely accept Goering’s intrusions upon his powers. Goering’s directive was countered by an abrupt order from Schacht to all supervisory offices to accept orders from him alone (EC-376).

The conflict reached such dimensions that it threatened to retard the pace of the conspirators’ armament program. The military sided with Schacht, who had provided the means for their rapid rearmament. They submitted proposals which would have assured to Schacht as Plenipotentiary General for the War Economy the responsibility for “unified preparation of the war economy as heretofore” (EC-408; EC-420).

In January 1937, the German Military Weekly Gazette published an article warmly praising Schacht’s achievements in rearmament. The timing of the article indicates that it was a further attempt by the military to tip the scales in Schacht’s favor. The article stated:

“The German Defense Force commemorates Dr. Schacht today as one of the men who have done imperishable things for it and its development in accordance with directions from the Fuehrer and Reich Chancellor. The Defense Force owes it to Schacht’s skill and great ability that, in defiance of all currency difficulties, it, according to plan, has been able to grow up to its present strength from an army of 100,000 men.” (EC-383)

Shortly thereafter, Schacht attempted to force a showdown with Goering by temporarily refusing to act in his capacity as Plenipotentiary. Schacht plainly was using his prime importance in the conspirators’ program of economic planning and preparation for war as a lever. In a letter to Hitler dated 22 February 1937, General von Blomberg, the Minister of War, suggested a settlement of the jurisdictional fight under which Schacht would fully retain his powers as General Plenipotentiary of War Economy, and concluded by stating:

“If you, my Fuehrer, agree with my view regarding these jurisdictional questions, it may be possible to induce Reichsbank President Dr. Schacht, whose cooperation as Plenipotentiary for preparation of war is of great significance, to resume his former activity.” (EC-244)

As a further demonstration of the community of interest between Schacht and the top German military authorities, Schacht attended the secret “War Economy” games at Godesberg in the latter part of May 1937. The purpose of the games was to demonstrate “how the action of the soldiers in total war is influenced by economy and how on the other hand, economy is completely dependent on military operations”. Schacht’s attendance was acclaimed at the games as

“renewed proof that you are willing to facilitate for us soldiers the difficult war-economic preparations and to strengthen the harmonious cooperation with your offices.” (EC-174).

In June 1937, Keitel implored Hitler to accelerate a final agreement between Schacht and Goering. Speaking of arrangements concerning cooperation of these two key figures, Keitel said:

“I know that a necessary practical basis for it [the arrangement for cooperation between Schacht and Goering] has already been found, and only a formal agreement is needed in order to carry on the common work.”

* * * * * *

“* * * to waste time in our situation would be the greatest reproach that history could make upon us.

“May I beg, therefore, once more that the arrangement mentioned be expedited, and that I be notified accordingly.” (EC-248)

Finally, on 7 July 1937, Schacht and Goering signed an agreement of reconciliation in Berlin, wherein it was said that the tasks of Goering and Schacht “are being solved in closest mutual cooperation,” and that “no doubt exists about the fact that the Commissioner General for War Economy has the position of a supreme authority of the Reich” (EC-384).

Schacht resumed his duties as General Plenipotentiary with renewed vigor. On the day following his formal agreement with Goering, he wrote to General von Blomberg on “Measures for the preparation of the conduct of war,” pledging continued cooperation in their mutual endeavors:

“* * * by the direction of the supreme authority for the conduct of war, the coordination of the conduct of war will be assured in its execution through mutual agreement between you and me, which I look upon as a matter of course in the Central Authority and without which I cannot envisage any conduct of war. The direction of the economy by the plenipotentiary would in that event never ‘take place entirely independent from the rest of the war mechanism’ but would be aimed at the accomplishment of the political war purpose with the mustering of all economic forces. I am entirely willing, therefore, to participate in this way in the preparation of the forthcoming order giving effect to the Reich Defense Act [Reichsverteidigungsgesetz].” (EC-252)

However, Schacht and Goering were soon again in disagreement. After a sharp exchange of letters in which each sought to justify his particular economic program as the best means of making possible the attainment of Hitler’s objectives (EC-497; EC-493), Schacht suggested to Goering in a curt letter dated 26 August 1937, that he (Goering) assume sole charge of economic policies. In this letter, Schacht rationalized his precipitate action as follows:

“To me it does not seem to be of decisive importance to raise questions of competence and initiative, but it is of decisive importance that the Fuehrer’s economic policy should be carried out in a coherent manner, and with the least amount of friction.” (EC-283)

Despite the uncompromising tenor of the latter communication, Schacht was still amenable to an arrangement with Goering which would have permitted him a measure of autonomy in economic planning and preparation for war. On 1 November 1937, he attended a conference with Goering

“* * * which led in an entirely friendly manner to the working out of a series of proposals, which * * * Goering promised to have presented to me [Schacht] in writing on the following day * * * so that, after having reached an agreement we could present a mutually approved text to you, my Fuehrer.” (EC-495)

But the written agreement was not forthcoming as Goering had promised, and Schacht repeated his request to be relieved from the Ministry of Economics, “in the interest of a uniform government management” (EC-495). Hitler finally accepted Schacht’s resignation as Minister of Economics on 26 November 1937, simultaneously appointing him Minister Without Portfolio. Schacht’s resignation was also extended to his position as Plenipotentiary for War Economy (EC-494).

In subsequent interrogations, both Schacht and Goering have confirmed the fact that Schacht’s withdrawal was simply the result of a losing struggle with Goering to retain personal power (3730-PS; 3728-PS).

There is nothing to indicate that Schacht’s withdrawal from the Ministry of Economics and the Office of Plenipotentiary for War Economy in any sense represented a break with Hitler on the ground of contemplated military aggression. He consented to retain his position as President of the Reichsbank, where he remained undisputed master, and accepted the post of Minister of[without] Portfolio, in order to be Hitler’s “personal adviser.” In the letter accepting Schacht’s resignation as Minister of Economics, Hitler said:

“If I accede to your wish it is with the expression of deepest gratitude for your so excellent achievements and in the happy consciousness that, as President of the Reichsbank Directorium, you will make available for the German people and me for many years more your outstanding knowledge and ability and your untiring working strength. Delighted at the fact that in the future, also, you are willing to be my personal adviser, I appoint you as of today a Reich Minister.” (L-104).

As President of the Reichsbank, Schacht continued to carry out Hitler’s policies. As previously shown, he participated in the planning of the invasion of Austria by fixing the conversion rate of the Austrian Schilling in advance of the invasion; and under his direction, the Austrian National Bank was merged into the Reichsbank. He publicly approved the absorption of Austria and the acquisition of the Sudetenland. He continued to finance armaments by “mefo” bill credits until April 1938, and thereafter, until his resignation in January 1939, authorized an increase of approximately 2.6 billion Reichsmarks in bank notes in order to discount commercial paper which was used in connection with the armament program. (EC-438)

(2) Schacht’s dismissal from the Presidency of the Reichsbank. Schacht was dismissed from the Presidency of the Reichsbank in January 1939. The evidence indicates that Schacht engineered his dismissal in order to escape personal responsibility for what he believed to be an impending financial crisis; he was not dismissed because of disagreement with the ultimate objectives of the conspiracy or common plan.

Schacht had always feared an inflation in Germany. As early as May 1936, he emphatically stated that he would “never be party to an inflation” (1301-PS). In January 1939, Schacht was convinced that ruinous inflation was, in fact, imminent (EC-369). There was, it appears, ample basis for his fear. The Finance Minister, von Krosigk, had already recognized the situation in September 1938, and had written to Hitler warning that

“* * * we are steering towards a serious financial crisis, the forebodings of which have led already abroad to detailed discussions of this weak side in our economic preparations and to an apprehensive loss of confidence domestically.” (EC-419)

Schacht was not only afraid of a financial crisis; he was even more fearful that he personally would be held responsible for it and his prestige would suffer a crushing blow. One of his associates at the Reichsbank has stated:

“When Schacht saw that the risky situation which he had sponsored was becoming insoluble, he was more and more anxious to get out. This desire to get out of a bad situation was for a long time the ‘leitmotif’ of Schacht’s conversations with the directors of the bank.” (EC-438)

In the end, Schacht deliberately stimulated his dismissal from the Presidency of the Reichsbank by arbitrarily refusing an end-of-the-month loan in a relatively small amount to the Reich, contrary to well established practice (3730-PS; 3731-PS).

Despite differences of opinion concerning the limits to which the German economy might be pushed without plunging the country into inflation, Schacht continued to enjoy Hitler’s confidence. In his letter to Schacht dated 19 January 1939, Hitler stated:

“On the occasion of your recall from Office as President of the Reichsbank Directory, I take the opportunity to express to you my most sincere and warmest gratitude for the services which you rendered repeatedly to Germany and to me personally in this capacity during long and difficult years. Your name, above all, will always be connected with the first epoch of the national rearmament. I am happy to be able to avail myself of your services for the solution of new tasks in your position as Reich Minister.” (EC-397).

On his side, Schacht evidenced his abiding faith in Hitler and his continued agreement with his aggressive policies, by remaining as Minister without Portfolio until January 1943. As such he received a large salary from the Nazi Government and enjoyed the emoluments of public office (3724-PS).

(3) Conclusion. Schacht’s assistance in the earlier phase of the conspiracy was an important factor in enabling the conspirators to seize the German state and thus pave the way for their later crimes. His work was indispensable to the rearmament of Germany and to the economic planning and preparation required to launch the German wars of aggression. As long as he remained in power, he worked as eagerly for the preparation of aggressive war as any of his co-conspirators. He personally was favorably disposed towards aggression, if “Lebensraum” for Germany could not otherwise be attained. He knew that Hitler intended to and would break the peace, and with this knowledge, he willingly and purposely contributed his efforts. His withdrawal from three of his four posts reflected no moral feeling against the use of aggressive warfare as an instrument of national policy; he withdrew for reasons wholly unrelated to Hitler’s program of illegal aggression. By the time of his withdrawal from these three positions, he had already provided his co-conspirators with the physical means and economic planning necessary to launch and maintain their wars of aggression; and he continued in his lucrative fourth position (Minister without Portfolio) until January 1943—until, in short, it became doubtful whether the conspirators could maintain the successes which they had gained in the wars they had illegally launched and were waging.

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO HJALMAR SCHACHT

13. GUSTAV KRUPP von BOHLEN und HALBACH[1]

A. IN FURTHERANCE OF THE NAZI CONSPIRACY, KRUPP CIRCUMVENTED THE RESTRICTIONS IMPOSED BY THE TREATY OF VERSAILLES ON THE REARMAMENT OF GERMANY. AS THE RESPONSIBLE HEAD OF THE HUGE ARMAMENTS CONCERN, FRIED. KRUPP A.G., HE CONCEALED ITS ARMAMENT ACTIVITY IN ORDER TO DECEIVE THE ALLIED GOVERNMENTS. HE WAS, THEREFORE, IN A POSITION TO PROMOTE THE OBJECTIVES OF THE CONSPIRACY BY THE RAPID PRODUCTION OF MUNITIONS OF WAR ON A HUGE SCALE AFTER THE CONSPIRATORS’ ACCESSION TO POWER.

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[1] Since the name of Gustav Krupp von Bohlen und Halbach was severed from the Nurnberg trial which commenced on 20 November 1945, the trial brief outlining the case against Krupp, which was prepared before his severance, was not presented to the Tribunal. Despite his personal absence from the prisoners’ dock, however, Krupp remained technically still under indictment and liable to prosecution in subsequent proceedings. Moreover, Krupp was still regarded by the prosecution as a member of the Nazi conspiracy. The following summary of evidence, adapted from the trial brief, is included here in order to show the role played by Krupp as co-conspirator.

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In an article entitled “Manager and Armament Worker” written for the 1 March 1942 issue of the Krupp magazine, Krupp stated:

“* * * I knew German history well, and out of my experiences in the rest of the world I believed to know the German kind; therefore I never doubted that, although for the time being all indications were against it, one day a change would come. How, I never knew or asked, but I believed in it. But with this knowledge—and today I may speak about these things and for the first time I am doing this extensively and publicly—with this, as responsible head of the Krupp works, consequences of the greatest importance had to be taken. If Germany should ever be reborn, if it should shake off the chains of Versailles one day, the Krupp concern had to be prepared again. * * *”

“* * * I wanted and had to maintain Krupp, in spite of all opposition, as an armament plant for the later future, even if in camouflaged form. I could only speak in the smallest, most intimate circles about the real reasons which made me undertake the changeover of the plants for certain lines of production for I had to expect that many people would not understand me. * * *”

“Without arousing any commotion, the necessary measures and preparations were undertaken. Thus to the surprise of many people Krupp began to manufacture goods which really appeared to be far distant from the former work of an armament plant. Even the Allied snooping commissions were duped. Padlocks, milk cans, cash registers, track repair machines, trash carts and similar ‘small junk’ appeared really unsuspicious and even locomotives and automobiles made an entirely ‘civilian’ impression.

“After the accession to power of Adolf Hitler I had the satisfaction of being able to report to the Fuehrer that Krupps stood ready, after a short warming-up period, to begin the rearmament of the German people without any gaps of experience,—the blood of the comrades of KAR. Saturday 1923 had not been shed in vain. Since that time I was often permitted to accompany the Fuehrer through the old and new workshops and to experience how the workers of Krupp cheered him in gratitude. In the years after 1933 we worked with an incredible intensity and when the war did break out the speed and results were again increased. We are all proud of having thus contributed to the heretofore magnificent successes of our army.”

* * * * * *

“I have always considered it to be an honour as well as an obligation to be the head of an arms factory and I know that the employees of Krupp share these feelings. Thanks to the educational work of the National Socialist Government this is the case all over Germany. I know that the things I have said here about the armament worker in particular hold true for every German worker. With these men and women who work for the cause with all their hearts, with cool heads and skilled hands we will master every fate.” (D-94; see D-64).

In a memorandum of a conference held on 9 December 1942, concerning the proposed publication of a book dealing with Krupp’s armament activities, Von Bulow, confidential secretary to Krupp, wrote:

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3. of the Japanese message quotes Ribbentrop as follows (part 1 of 3)

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3. of the Japanese message quotes Ribbentrop as follows (part 1 of 3)