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Notes by Mr. Justice Jackson

1. Part 9, p. 82.

2. Goering, Reconstruction of a Nation, 1934 (2324-PS, USA
233), Part 2, p. 360.

3. Minister Goering's Press Conference, published in
Volkischer Beobachter, Berlin edition, 23rd-24th July, 1933,
P. 1 (2494-PS, Document Book USA-F. Part 1, p. 119).
Goering, has admitted excesses in connection with the
seizure of power (Part 9, p. 78).

4. Law about changing rules of Criminal Law and Criminal
Procedure of 24th April, 1934, 1934 Reichsgesetzblatt, Part
1, p. 34 (2548-PS, Document Book USA-F, Part 1, p. 119).

5. Decree of the Reich President for protection against
treacherous attacks on the government of the Nationalist
movement, 21st March, 1933. 1933 Reichsgesetzblatt, Part 1,
p. 135 (1652 PS, Document Book USA-F, Part 1, p. 119).

6. Decree of the Reich President for the Protection of the
People and State, 28th February, 1933, 1933
Reichsgesetzblatt, Part 1, p. 83 (1390-PS, Document Book USA-
B, Part 1, p. 119). "Sections, 114, 115, 117, 118, 123, 124,
and 153 of the Constitution of the German Reich are
suspended until further notice. Thus, restrictions on
personal liberty, on the right of free expression of
opinion, including freedom of the Press, on the right of
assembly and the right of association, and violations of the
privacy of postal, telegraphic, and telephonic
communications, and warrants for house-searchers, orders for
confiscations as well as restrictions on property, are also
permissible beyond the legal limits otherwise prescribed ...
Whoever provokes or incites to an act contrary to public
welfare is to be punished with a penitentiary sentence,
under mitigating circumstances, with imprisonment of not
less than three months."

7. Law to change the Penal Code of 28th June, 1935, 1935
Reichsgesetzblatt, Part 1, P. 839 (1926-PS, Document Book
USA-F, Part 1, p. 119). "Any person who commits an act which
the law declares to be punishable, or which is deserving of
penalty according to the fundamental conceptions of the
penal law and sound popular feeling, shall be punished. If
there is no penal law directly covering an act, it shall be
punished under that law which most closely fits, in regard
to fundamental conception."

8. Extract from Germany's Road to Freedom, as published in
Documents of German Politics, Vol. 3 (2549-PS, Document Book
USA-F, Part 1, p. 119). "National Socialism substitutes for
the conception of formal wrong the idea of factual wrong, it
considers every attack against the welfare of the people's
community, every violation of the requirements of the life
of a nation as wrong. Therefore wrong may be committed in
the future in Germany, even in cases when no law threatens
it with punishment. Even without the threat of punishment,
every violation of the goals of life which the community
sets up for itself is a wrong."

9. Affidavit of Dr. Hans Anschuetz, 17th November, 1945
(2967-PS, USA 756). Ten Years of Security Police and SA
(1680-PS, USA 477).

10. This bureau was camouflaged under the name of "Research
Office of the Air Force". (Part 9, p. 98.)

11. Decree of the Reich President for the Protection of the
People and State, 28th February, 1933, 1933
Reichsgesetzblatt, Part 1, p. 83 (1390-PS, Document Book USA-
F, Part 1, p. 119).

12. Organizationsbuch der NSDAP, 1943 edition, pp. 99-104
(1893-PS, USA 323, Part 3, P. 19).

13. Meaning and Tasks of the Secret State Police, published
in The Archives, January, 1936, Vol. 23-24, p. 1342 (1956-
PS, Document Book USA-F).

14. Original Protective Custody Order served on Dr. R.
Kempner, 15th March, 1935 (2499-PS, USA 232, Part 2, 36o).
Extract from article "Legislation and Judiciary in Third
Reich" from Journal of the Academy for German Law, 1936, pp.
141-142 (2533-PS, Document Book USA-F, Part 1, p. 119).

15. Law on the Secret State Police of 10th February, 1936,
Prussian Gesetzgebung, p. 21. "Orders in matters of the
Secret State Police are not subject to review of the
administrative Courts." Summary of decisions of the Supreme
Administrative Court, 1935 Reichgesetzblatt, Vol. 56, No.
29, PP- 577-578, 20th July, 1935 (2347-PS, Part 3, P. 189).

16. Affidavit of Dr. Hans Anschuetz, 17th November, 1945
(2967-PS, USA 756).

17. Letter from Guertner to Mutschmann, 18th January, 1935,
concerning charges against members of camp personnel of
protective custody camp Hohenstein (783-PS, USA 731).
Letters from Minister of Justice to Hess and SA Chief of
Staff, 5th June, 1935, concerning penal proceedings against
merchant and SA Leader and twenty-two

                                                  [Page 474]

companions because of inflicting bodily injury on duty (784-
PS, USA 732). Memorandum of Guerner concerning legal
proceedings against the camp personnel of concentration camp
Hohenstein (785-PS USA 733). Minister of Justice memorandum,
29th November, 1935, concerning pardon of those sentenced in
connection with mistreatment in Hohenstein concentration
camp (786-PS, USA 734).

18. Affidavit of Dr. Hans Anschuetz, 17th November, 1945
(2967-PS, USA 756).

19. Affidavit of Dr. Hans Anschuetz, 17th November, 1945
(2967-PS, USA 756). Law amending regulations of criminal law
arid criminal procedure 24th April, 1934, 1934
Reichsgesetzblatt, Part 1, p. 341 (2014-PS, Document Book
USA-C, Part 1, p. 119). Law on People's Court and on 25th
Amendment to Salary Law of 18th April, 1936, 1936
Reichsgesetzblatt, Part 1, p. 169 (2342-PS, Document Book
USA-C, Part 1, p. 119).

20. "The Nazi Plan," excerpt of script of a motion picture
composed of captured German film (3054-PS, USA 167, Part 2,
pp. 286-287).

21. Decree of the Government concerning formation of Special
Courts, 21st March, 1933, 1933 Reichsgesetzblatt, Part 1,
pp. 136-137 (2076-PS, Document Book USA-C, Part 1 p. 119).
Decree concerning the extension of the Jurisdiction of
Special Courts, 20th November, 1938. 1938 Reichsgesetzblatt,
Part 1 p. 1632 (2056-PS, Document Book USA-C, Part a, p
119). Affidavit of Dr. Hans Anschuetz, 17th November, 1945
(2967-P, USA 756).

22. Extract from German Justice, a legal periodical, tenth
year, Edition A, No. 42, 16th October, 1942. "The judge is
therefore not the supervisor of, but the direct assistant in
the Administration of the State. He is responsible to the
leadership of the State (Staatsfuhrung) within his sphere of
duty for the conservation of the national community. By
protecting the national values (Volkische Werte) and
eliminating (dangerous elements from the community of the
people) he is, in this respect, a king to the political
Volkische Selbsterhaltung. This point of view must be
decisive for the judge. The judge taking it for his guiding
principle will find many a decision which seemed very
difficult to be solved at first facilitated" (2482-PS,
Document Book USA-C). Extract from pamphlet, Judges Letters,
concerning judgment of Lower Court, 24th April, 1942, on
concealment of Jewish Identification (D-229, Document Book

23. Lecture of Major-General Thomas delivered 24th May,
1939, at the Foreign Office (EC-28, USA 760, Part 1, p. 127;
Part 8, p. 30).

24. The treaties and assurances applicable to each are
specified in Appendix C of the Indictment and remain

25. Part 9, p. 148. "I scanned through the Regulations on
Land Warfare of the Hague Convention for the first time just
before the outbreak of the Polish conflict. As I read them
at that time I regretted that I had not studied them much
more thoroughly at an earlier time in this case I would have
told the Fuehrer that, in view of these Regulations on Land
Warfare of the Hague Convention, as they had been set down;
paragraph for paragraph, under no circumstances could a
modern war be waged, but that one would perforce come into
conflict with the conditions set down there in 1906, because
of the technological expansion of modem war. Either one
would have to cancel these, or else one would have to
introduce modern new viewpoints corresponding to technical

26. Part 9, p. 166.

27. Memorandum of 15th November, 1941, from Canaris to
Keitel concerning an OKW order regulating the treatment of
Soviet prisoners of war (EC-338, USSR 356, Part 7, p. 11).
"'The Geneva Convention regarding prisoners of war does not
apply as between Germany and the USSR. Therefore, the only
rules in force are the principles of general International
Law regarding the treatment of prisoners of war, which,
since the eighteenth century, have so developed that war
captivity represented neither revenge nor punishment, but a
security measure, the sole object of which was to prevent
the prisoners of war from a further participation in the
war. This principle developed in connection with the
prevalent opinion that, from a military standpoint, the
killing or wounding of prisoners was inadmissible. In
addition, it is to the interest of each belligerent to be
assured against ill-treatment of its soldiers in case of
capture' ... The orders are drawn up in very general terms.
But, if we bear in mind the basic tendency, it is clear that
the 'measures' permitted by these orders were to result in
wanton and unpunished murder, even though, officially, the
law of violence had been abolished."

28. Hitler Commando Order, 18th October, 1942 (498-PS, USA
501, Part 3, p 213; Part 4, p. 2). Night and Fog decrees,
7th and 12th December, 1942 (L-90, USA 503, Part 3, p. 213).
Minister of Labour Order on employment of French prisoners
of war in armament industry, August, 1941 (3005-PS, USA 213,
Part 4, p. 413). Himmler order to protect lynchers of Allied
flyers, 10th August, 1943 (R-110, USA 333, Part 3, pp. 38.

                                                  [Page 475]

29. Decree appointing Sauckel General Plenipotentiary for
Manpower, 21st March, 1942, and decree of Goering conferring
certain powers on Sauckel, 27th March, 1942. 1942
Reichsgesetzblatt, Part 1, pp. 179-180 (1666-PS, USA 208,
Part 2, p. 328, Part 6, p. 141).

30. Speer's conference minutes of Central Planning Board,
1942-44 concerning labour supply. "Our best new engine is
made eighty-eight per cent by Russian prisoners of war and
the other twelve per cent by German men and women. The list
of the shirkers should be entrusted to Himmler's trustworthy
hands who will make them work all right." (Milch, p. 26) (R-
124, USA 179, Part 2, pp. 314, 318).

31. Top secret memorandum signed by Braeutigam, 25th
October, 1942; concerning conditions in Russia (294-PS, USA
185, Part 2, p. 304).

32. Speer's conference minutes of Central Planning Board,
1942-44, concerning labour supply (R-124, p. 22, USA 179,
Part 2, pp. 300, 304, 312 ; Part 4, p. 402). By an official
directive, "Estates of those who refuse to work are to be
burned, their relatives are to be arrested as hostages and
to be brought to forced labour camps," and the burning of
homes in connection with labour conscription was therefore
not considered culpable. Letter from Rosenberg; Minister,
12th November, 1943 concerning burning of houses in Muller's
district (290-PS, USA 189, Part 2, p. 310). The burning down
of houses was a method used to force citizens in occupied
territories into Reich labour. Letter from Rabb to Reich
Minister for Occupied Eastern Territories, 7th June, 1944,
concerning burning of houses in Wassilkow district (254-PS,
USA 188, Part 2, p. 308). Forced labour agents caught
persons attending churches and theatres and transported them
to the Reich. Lammers report to Himmler, 12th April, 1943,
concerning the situation in the Government General (2220-PS,
USA 175, Part 2, p. 293).

33. Report to Reich Ministry for Occupied Eastern
Territories, 7th October, 1942, concerning treatment of
Ukrainian specialists (054-PS, USA 198, Part 2, p. 315).
Interdepartmental report of Ministry for Occupied Eastern
Territories, 30th September, 1942, concerning status of
Eastern labourers. "In this train women gave birth to babies
who were thrown out of the windows during the journey,
people having tuberculosis and venereal diseases rode in the
same car, dying people lay in freight cars without straw,
and one of the dead was thrown on the railroad embankment.
The same must have occurred in other returning transports"
(984-PS, USA 199, Part 2, p 317).

34. Sauckel's labour mobilization programme, 20th April,
1942. "Apart from the prisoners of war still in the occupied
territories, we must requisition skilled or unskilled male
and female labour from the Soviet territory from the age of
fifteen up for the labour mobilization" (016-PS, USA 168, p.
7, Part 2, p. 318).

35. Affidavit of Edward L. Duess, 1st November, 1945
concerning approximate number of foreign workers for German
War Effort in Old Reich (2520-PS, USA 197, Part 2, p. 314)

36. Memorandum to Mr. Hupe, 14th March, 1942, concerning
employment of Russians (D-316, USA 201, Part 2, p. 319).

37. Affidavit of Dr. Wilhelm Jaeger, 25th October, 1945.
"Conditions in all of these camps were extremely bad. The
camps were greatly overcrowded. In some camps there were
twice as many people in a barrack as health conditions
permitted - Camp Humboldstrasse has been inhabited by
Italian prisoners of war. After it had been destroyed by an
air raid, the Italians were removed, and 600 Jewish females
from Buchenwald Concentration Camp were brought in to work
at the Krupp factories. Upon my first visit at Camp
Humboldstrasse, I found these females suffering from open
festering wounds and other diseases. I was the first doctor
they had seen for at least a fortnight. There was no doctor
in attendance at the camp. There were no medical supplies in
the camp. They had no shoes and went about in their bare
feet. The sole clothing of each consisted of a sack with
holes for their arms and head. Their hair was shorn. The
camp was surrounded by barbed wire and closely guarded by SS
guards," pp. 1, 5 (D-288, USA 202, Part 2, pp. 319-322).

38. Secret Order of Reichsfuehrer SS, 20th February, 1942,
concerning commitment of manpower from the East. "In severe
cases, that is in such cases where the measures at the
disposal of the leader of the guard do not suffice the State
police office has to act with its means. Accordingly, they
will be treated, as a rule, only with strict measures, that
is with transfer to a concentration camp or with special
treatment ... special treatment is hanging" (3040-PS, USA
207, Part 2, p. 327 and 328).

39. Order signed Christiansen, 29th March, 1943, to all
group leaders of Security Service, and record of telephone
conversations signed by Stap, 11th March, 1943 (3012-PS, USA
190, Part 2, p. 310). Letter of Terboven to Goering, dated
1st May, 1942 (R-134, RD-293, Part 9, p. 280). Goering has
admitted the excesses in occupied territories: "I do not in
any way deny that things happened which may be hotly
debatable as far

                                                  [Page 476]

as International Law is concerned. Also, other things
occurred which under any circumstances must be considered as
excesses" (Part 9, p. 123).

40. Excerpts from Frank's Diary (USSR-223) (English
translation, p. 43).

41. Stenographic report on conference between Goering and
Reich Commissioners for Occupied Territories, 6th August,
1942 (USSR-170, EC-317).

42. Report to Fuehrer regarding confiscated art treasures,
20th March, 1941 (014-PS, USA 784, Part 9, p. 269). Field-
Marshal Kesselring, Goering's subordinate, testified that
his method of punishing the small-scale looting of common
soldiers under his command was by shooting on the spot (Part
9, p. 48).

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