Archive/File: imt/nca/nca-02/nca-02-15-criminality-02-05 Last-Modified: 1996/12/28 It is true that this figure is based upon an admittedly limited view of the size of the membership of the Leadership Corps of the [Page 41] Nazi Party; for the evidence has shown that the Leadership Corps in effect embraced staff officers attached to the subordinate Hoheitstraeger and inclusion of such staff officers in the estimation of the size of the Leadership Corps would have very considerably enlarged the final figure estimated to a total of 2,000,000. The Prosecution however, proposes to exclude such subordinate staff officers for the reason that their participation in and responsibility for the Conspiracy were measurably less extensive than those of the staff officers and office holders on the higher levels of the leadership Corps. The subordinate staff officers thus excluded were responsible functionally to the higher staff officers with respect to their particular specialty, such as propaganda, Party organization, and so on, and to their respective Hoheitstraeger with respect to discipline and policy control. Likewise, such higher staff officers participated in planning and policy discussions, and also issued orders through technical channels to lower staff officers. B. Participation of the Leadership Corps in the Conspiracy. The Program of the Nazi Party, proclaimed by Hitler, the Fuehrer of the Leadership Corps, on 24 February 1920 (1708- PS), contained the chief elements of the Nazi plan for domination and conquest. The first point required the incorporation of all Germans into a Greater German Reich. Point 2 demanded unilateral abolition of the Peace Treaties of Versailles and St. Germain. Point 3 stated the demand for "land and soil" (colonies). Point 4 proclaimed the Nazi doctrines of racial discrimination and anti-Semitism. Point 6 proclaimed the fight against the democratic parliamentary system, as follows: "*** We demand that every public office, of any sort, whatsoever, whether in the Reich, the county or municipality, be filled only by citizens. We combat the corrupting parliamentary economy, office-holding only according to Party inclinations without consideration of character or abilities." (1708-PS) Point 22 expressed the Nazi plans and policies for rearmament as follows: "We demand the abolition of the mercenary troops and formation of a National Army." (1708-PS) The official Party Program declares on its face that: "The program is the political foundation of the NSDAP and accordingly the primary political law of the State *** [Page 42] "All legal precepts are to be applied in the spirit of the Party Program. "Since the taking over of control, the Fuehrer has succeeded in the realization of the essential portions of the Party Program from the fundamentals to the details. "The Party Program of the NSDAP was proclaimed on 24 February 1920 by Adolf Hitler at the first large Party gathering in Munich and since that day has remained unaltered *** The National Socialist philosophy is summarized in 25 points." (1708-PS) As previously stated, the Party Program was binding upon the Political Leaders of the Leadership Corps, and they were under a duty to support and carry out that Program. As the Party Manual puts it: "The Commandments of the National Socialists: "The Fuehrer is always right ***. "The Program be your dogma. "It demands your utter devotion to the Movement ***. "Right is what serves the Movement and thus Germany. ******* "*** Leader Corps is responsible for the complete penetration of the German Nation with the National Socialist spirit ***." (1893-PS). The oath of the Political Leader to Hitler has been previously referred to. In connection therewith, the Party Manual provides: "The Political Leader is inseparably tied to the ideology and the organization of the NSDAP. His oath only ends with his death or with his expulsion from the National Socialist community." (1893-PS) While the leadership principle assured the binding nature of Hitler's statements, program, and policies upon the entire Party and the Leadership Corps, the leadership principle also established the full responsibility of the individual Political Leader within the province and jurisdiction of his office or position. The leadership principle applied not only to Hitler as the supreme leader, but also to the Political Leaders under him, and thus permeated the entire Leadership Corps: "The basis of the Party Organization is the Fuehrer thought *** All Political Leaders stand as appointed by the Fuehrer and are responsible to him. They possess full authority toward the lower echelons ***." (1893- PS) The various Hoheitstraeger of the Leadership Corps were, in their respective areas of responsibility, themselves Fuehrer: [Page 43] "Within their sector of sovereignty, the Hoheitstraeger (Gauleiter, Kreisleiter, Ortsgruppenleiter, Zellenleiter, Blockleiter) have sovereign political rights *** They are responsible for the entire political situation within their sector ***" (1893-PS) A stated in the Organization Book of the NSDAP: "The Party is an order of 'Fuehrer'." (1814-PS) The subjection of the entire membership of the Leadership Corps to the fiat of the Fuehrer Principle is clearly shown in the following passage from the Party Manual: "*** a solid anchorage for all the organizations within the party structure is provided and a firm connection with the sovereign leaders of the NSDAP is created in accordance with the Fuehrer Principle." (1814-PS) (1) Domination and Control of the German State and Government by the Nazi Party, directed by the Leadership Corps. On 23 March 1933 the Reichstag enacted a law conferring power on the Reich Cabinet to legislate on its own authority (2001-PS) Prominent members of the Leadership Corps of the Nazi Party were members of the Reich Cabinet. The presence of Reichsleiter and other prominent members of the Leadership Corps in the Cabinet facilitated the domination of the Cabinet by the Nazi Party and the Leadership Corps. For example, a decree of 13 March 1933 - established the Ministry of Public Enlightenment and Propaganda. The head of this ministry was Goebbels, who simultaneously was Reichsleiter for Propaganda of the NSDAP (2029-PS). Examples of personal union between high officials in the Leadership and Cabinet membership existed in the case of the Food -Minister, the Chief of the German Police, the Reich Labor Leader, the Chief of the Party Organization in Foreign Countries, and the Reich Youth Fuehrer (2473-PS). Moreover, the majority of the Reich Ministries were occupied by leading old Party Members. 11 Reich Ministers were accepted by the Party on 30 January 1937 and were decorated with the Golden Party Insignia. (1774-PS) A law of 14 July 1933 outlawed and forbade the formation of any political parties other than the Nazi Party and made violation of this decree a punishable crime. Thereby the one party state was established and the Leadership Corps was rendered immune from the opposition of organized political groups. This Against the Formation of New Political Parties reads as follows: [Page 44] "The National Socialist German Workers' Party constitutes the only political party in Germany. Whoever undertakes to maintain the organizational structure of another political party or to form a new political party will be punished with penal servitude up to three years or with imprisonment of from six months to three years, if the deed is not subject to a greater penalty according to other regulations." (1388- PS) A law was enacted on 20 July 1933 providing for the dismissal of officials who belonged to the Communist Party or who were otherwise active in furthering the aims of Communism. The law also provided for the dismissal of those who were in the future active for Marxism, Communism, or Social Democracy (Law to Supplement the Law for the Restoration of the Professional Civil Service, 20 July 1933, (1933 Reichsgesetzblatt, Part I, page 518). (198-PS) On 13 October 1933 a "law to guarantee public peace" was enacted which provided, inter alia, that the death penalty or other severe punishment should be imposed upon any person who- "*** undertakes to kill a member of the SA or the SS, a trustee or agent of the NSDAP *** out of political motives or on account of their official activity." (1394-PS) On 1 December 1933 a law was enacted "to secure the unity of Party and State." This law provided that the Nazi Party was the pillar of the German State, and was linked to it indissolubly; it also made the Deputy of the Fuehrer (then Hess) and the Chief of Staff of the SA (then Roehm) members of the Reich Cabinet (1395-PS). The pertinent provisions of this law read as follows: "After the victory of the National Socialist Revolution, the National Socialistic German Labor Party is the bearer of the concept of the German State and is inseparably the State. It will be a part of the public law. Its organization will be determined by the Fuehrer ***. "The Deputy of the Fuehrer and the Chief of Staff of the SA will become members of the Reich Government in order to insure close cooperation of the offices of the Party and SA with the public authorities ***." (1395- PS) This law was a basic measure in enthroning the Leadership Corps in a position of supreme political power in Germany. For it laid it down that the Party, directed by the Leadership Corps, was the embodiment of the State and, in fact, was the State. Moreover, this law made both the Fuehrer's Deputy and the Chief of Staff of the SA, which was a Party Formation subject to the call of the Hoheitstraeger, Cabinet Members. Thus, the Leadership [Page 45] control of the Cabinet was further solidified. The dominant position of the Leadership Corps is further revealed by the provision that the Reichs-Chancellor would issue the regulations carrying out this law in his capacity as Fuehrer of the Nazi Party. The fact that Hitler, as Fuehrer of the Leadership Corps, could promulgate rules which would have statutory force and be published in the Reichsgesetzblatt, the proper compilation for State enactments, is but a further reflection of the reality of the Party's domination of the German State.
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