The Nizkor Project: Remembering the Holocaust (Shoah)

Second Day: Wednesday, 21st November, 1945
(Part 3 of 8)


A glance at a chart of the Party Organisation is enough to show how completely

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it differed from the political parties we know. It had its own source of law in the Fuehrer and it had its own courts and its own police. The conspirators set up a government within the Party to exercise outside the law every sanction that any legitimate State could exercise and many that it could not. Its chain of command was military, and its formations were martial in name as well as in function. They were composed of battalions set up to bear arms under military discipline, motorised corps, flying corps, and the infamous "Death Head Corps," which was not misnamed. The Party had its own secret police, its security units, its intelligence and espionage division, its raiding forces, and its youth forces. It established elaborate administrative mechanisms to identify and liquidate spies and informers, to manage concentration camps, to operate death vans, and to finance the whole movement. Through concentric circles of authority, the Nazi Party, as its leadership later boasted, eventually organised and dominated every phase of German life - but not until they had waged a bitter internal struggle characterised by brutal criminality. In preparation for this phase of their struggle they created a party police system. This became the pattern and the instrument of the police State, which was the first goal in their plan.

The Party formation, including the Leadership Corps of the Party, the S.D., the S.S. the S.A. and the infamous Secret State Police, or Gestapo - all these stand accused before you as criminal organisations; organisations which, as we will prove from their own documents, were recruited only from the recklessly devoted Nazis, ready in conviction and temperament to do the most violent of deeds to advance the common programme. They terrorised and silenced democratic opposition and were able at length to combine with political opportunists, militarists, industrialists, monarchists, and political reactionaries.

On January 30,1933 Adolf Hitler became Chancellor of the German Republic. An evil combination, represented in the prisoner's dock by its most eminent survivors, had succeeded in possessing itself of the machinery of the German Government, a facade behind which they thenceforth would operate to make reality of the war of conquest they so long had plotted. The conspiracy had passed into its second phase.

We shall now consider the steps, which embraced the most hideous of crimes against humanity, to which the conspirators resorted In perfecting control of the German State and in preparing Germany for the aggressive war indispensable to their ends.

The Germans of the 1920's were a frustrated and baffled people as a result of defeat and the disintegration of their traditional government. The democratic elements, which were trying to govern Germany through the new and feeble machinery of the Weimar Republic, got inadequate support from the democratic forces of the rest of the world. It is not to be denied that Germany, when world-wide depression added to her other problems, was faced with urgent intricate pressures in her economic and political life, which necessitated bold measures.

The internal measures by which a nation attempts to solve its problems are ordinarily of no concern to other nations. But the Nazi programme from the first was recognised as a desperate programme for a people still suffering the effects of an unsuccessful war. The Nazi policy ends recognised as attainable only by a renewal and more successful outcome of war. The conspirators' answer to Germany's problems was nothing less than to plot the regaining of territories lost in the First World War and the acquisition of other fertile lands of Central Europe by dispossessing or exterminating those who inhabited them. They also contemplated destroying or permanently weakening all other neighbouring peoples so as to win virtual domination over Europe and probably over the world. The precise limits of their ambition we need not define, for it was and is as illegal to wage aggressive war for small stakes as for large ones.

We find at this period two governments in Germany-the real and the ostensible.

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The form of the German Republic was maintained for a time, and it was the outward and visible government. But the real authority in the State was outside of and above the law and rested in the Leadership Corps of the Nazi Party.

On February 27, 1933, less than a month after Hitler became Chancellor, the Reichstag building was set on fire. The burning of this symbol of free parliamentary government was so providential for the Nazis that it was believed they staged the fire themselves. Certainly when we contemplate their known crimes, we cannot believe they would shrink from mere arson. It is not necessary, however, to resolve the controversy as to who set the fire. The significant point is in the use that was made of the fire and of the state of public mind it produced. The Nazis immediately accused the Communist Party of instigating and committing the crime, and turned every effort to portray this single act of arson as the beginning of a Communist revolution. Then, taking advantage of the hysteria, the Nazis met this phantom revolution with a real one. In the following December, the German Supreme Court, with commendable courage and independence, acquitted the accused Communists, but it was too late to influence the tragic course of events which the Nazi conspirators had set rushing forward.

Hitler, on the morning after the fire, obtained from the aged and ailing President von Hindenburg a Presidential decree suspending the extensive guarantees of individual liberty contained in the constitution of the Weimar Republic. The decree provided that "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 searches, orders for confiscation as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed." (1390-PS)

The extent of the restriction on personal liberty under the decree of 28th February, 1933, may be understood by reference to the rights under the Weimar Constitution which were suspended:-

Article 114. The freedom of the person is inviolable. Curtailment or deprivation of personal freedom by a public authority is only permissible on a legal basis. Persons who have been deprived of their personal freedom must be informed at the latest on the following day by whose authority and for what reasons the deprivation of freedom was ordered. Opportunity shall be afforded them without delay of submitting objection to their deprivation of freedom.

Article 115. Every German's home is his sanctuary and is inviolable. Exceptions may only be made as provided by law.

Article 117. The secrecy of letters and all postal, telegraphic and telephone communications is inviolable. Exceptions are inadmissible except by Reich law.

Article 118. Every German has the right, within the limits of the general laws, to express his opinions freely in speech, in writing, in print, in picture form or in any other way. No condition of work or employment may detract from this right and no disadvantage may accrue to him from any person making use of this right.

Article 123. All Germans have the right to assemble peacefully and unarmed without giving notice and without special permission. A Reich law may make previous notification obligatory for assemblies in the open air, and may prohibit them in the case of immediate danger to the public safety.

Article 124. All Germans have the right to form associations or societies for purposes not contrary to criminal law. This right may not be curtailed

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by preventive measures. The same provisions apply to religious associations and societies. Every association may become incorporated (Erwerb der Rechtsfaehigkeit) according to the provisions of the civil law. The right may not be refused to any association on the grounds that its aims are political, social-political or religious.

Article 153. Property is guaranteed by the Constitution. Its content and limits are defined by the laws. Expropriation can only take place for the public benefitand on a legal basis. Adequate compensation shall be granted, unless a Reich law orders otherwise. In the case of dispute concerning the matter to the ordinary civil courts, unless Reich laws determine otherwise. Compensation must be paid if the Reich expropriates property belonging to the Lands, Communes, or public utility associations. Property carries obligations. Its use shall also serve the common good." (2050-PS)

It must be said, in fairness to von Hindenburg, that the Constitution itself authorised him temporarily to suspend these fundamental rights "if the public safety and order in the German Reich are considerably disturbed or endangered." It must also be acknowledged that President Ebert previously had invoked this power.

But the National Socialist coup was made possible because the terms of the Hitler-Hindenburg decree departed from all previous ones in which the power of suspension had been invoked. Whenever President Ebert had suspended constitutional guarantees of individual rights, his decree had expressly revived the Protective Custody Act adopted by the Reichstag in igi6 during the previous war. This Act guaranteed a judicial hearing within twenty-four hours of arrest, gave a right to have counsel and to inspect all relevant records, provided for appeal, and authorised compensation from Treasury funds for erroneous arrests.

The Hitler-Hindenburg decree of 28th February, 1933, contained no such safeguards. The omission may not have been noted by von Hindenburg. Certainly he did not appreciate its effect. It left the Nazi police and party formations, already existing and functioning under Hitler, completely unrestrained and irresponsible. Secret arrest and indefinite detention without charges, without evidence, without hearing, without counsel, became the method of inflicting inhuman punishment on any whom the Nazi police suspected or disliked. No court could issue an injunction, or writ of habeas corpus, or certiorari. The German people were in the hands of the police, the police were in the hands of the Nazi Party, and the Party was in the hands of a ring of evil men, of whom the defendants here before you are surviving and representative leaders.

The Nazi conspiracy, as we shall show, always contemplated not merely overcoming current opposition, but exterminating elements which could not be reconciled with its philosophy of the State. It not only sought to establish the Nazi "new order" but to secure its way, as Hitler predicted, "for a thousand years." Nazis were never in doubt or disagreement as to what those dissident elements were. They were concisely described by one of them, Col. General von Fritzsche, on 11th December, 1938, in these words:

"Shortly after the first war I came to the conclusion that we should have to be victorious in three battles if Germany were to become powerful again: (1)The battle against the working class - Hitler has won this; (2)Against the Catholic Church, perhaps better expressed against Ultramontanism (3) Against the Jews." (1947-PS)
The warfare against these elements was continuous. The battle in Germany was but a practice skirmish for the world- wide drive against them. We have here in point of geography and of time two groups of crimes against humanity

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- one within Germany before and during the war, the other in occupied territory during the war. But the two are not separated in Nazi planning. They are a continuous unfolding of the Nazi plan to exterminate peoples and institutions which might serve as a focus or instrument for overturning their "new world order" at any time. We consider these Crimes against Humanity in this address as manifestations of the one Nazi Plan and discuss them according to General von Fritsche's classification.


When Hitler came to power there were in Germany three groups of trade unions. The General German Trade Union Confederation (A.D.G.B.) with twenty-eight affiliated unions, and the General Independent Employees Confederation (A.F.A.) with thirteen federated unions together numbered more than 4,500,000 members. The Christian Trade Union had over 1,250,000 members.

The working people of Germany, like the working people of other nations, had little to gain personally by war. While labour is usually brought around to the support of the nation at war, labour by and large is a pacific, though by no means a pacifist force in the world. The working people of Germany had not forgotten in 1933 how heavy the yoke of the war lord can be. It was the working men who had joined with the sailors and soldiers in the revolt of 1918 to the First World War. The Nazis had neither forgiven nor forgotten. The Nazi programme required that this part of the German population not only be stripped of power to resist diversion of its scanty comforts to armament, but also be wheedled or whipped into new and unheard-of sacrifices as a part of the Nazi war preparation. Labour must be cowed, and that meant its organisations and means of cohesion and defence must be destroyed.

The purpose to regiment labour for the Nazi Party was avowed by Ley in a speech to workers on 2nd May, I933, as follows:-

"You may say what else do you want, you have the absolute power. True we have the power, but we do not have the whole people, we do not have you workers 100 per cent, and it is you whom we want; we will not let you be until you stand with us in complete, genuine acknowledgement." (614-PS)
The first Nazi attack was upon the two larger unions. On 21st April, 1933, an order, not even in the name of the Government, but of the Nazi Party, was issued by the conspirator Robert Ley as "Chief of Staff of the political Organisation of the N.S.D.A.P" applicable to the Trade Union Confederation and the Independent Employees Confederation. It directed seizure of their properties and arrest of their principal leaders. The Party order directed Party organs which we here denounce as criminal associations, the S.A. and S.S., "to be employed for the occupation of the trade union properties, and for the taking into custody of personalities who come into question." And it directed the taking into "protective custody" of all chairmen and district secretaries and union and branch directors of the labour bank. (392-PS)

These orders were carried out on 2nd May, 1933. All funds of the labour unions, including pension and benefit funds, were seized. Union leaders were sent to concentration camps. A few days later, on 10th May, 1933, Hitler appointed Ley leader of the German Labour Front (Deutsche Arbeitsfront), which succeeded to the confiscated union funds. The German Labour Front, a Nazi controlled labour bureau, was set up under Ley to teach the Nazi philosophy to German workers and to weed out from industrial employment all who were backward in their lessons. (940-PS) "Factory Troops" were organised as an "ideological shock squad within the factory" (1817- PS). The Party order provided that "outside of the German Labour Front, no other Organisation (whether of workers or of employees) is to exist." On 24th June, 1933, the remaining Christian Trade Unions were seized, pursuant to an order of the Nazi Party, signed by Ley.

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On 19th May, 1933, this time by a Government decree, it was provided that "trustees" of labour, appointed by Hitler, should regulate the conditions of all labour contracts, replacing the former process of collective bargaining (405- PS). On 30th November, 1934, a decree "regulating national labour" introduced the Fuehrer principle into industrial relations. It provided that the owners of enterprises should be the "Fuehrers" and the workers should be the followers. The enterprise-fuehrers should "make decisions for employees and labourers in all matters concerning the enterprise" (1861-PS). It was by such bait that the great German industrialists were induced to support the Nazi cause, to their own ultimate ruin.

Not only did the Nazis dominate and regiment German labour, but they forced the youth into the ranks of the labouring people they had thus led into chains. Under a compulsory labour service decree on 26th June, 1935, young men and women between the ages of 18 and 25 were conscripted for labour (1654-PS). Thus was the purpose to subjugate German labour accomplished.

In the words of Ley, the accomplishment consisted "in eliminating the association character of the trade union and employees' associations, and in its place we have substituted the conception 'soldiers of work'." The productive manpower of the German nation was in Nazi control. By these steps the defendants won the battle to liquidate labour unions as potential opposition and were enabled to impose upon the working class the burdens of preparing for aggressive warfare.

Robert Ley, the field marshal of this battle against labour, answered our indictment with suicide. Apparently he knew no better answer.


The Nazi Party was always predominantly anti-Christian by ideology. But we who believe in freedom of conscience and of religion base no charge of criminality on anybody's ideology. It is not because the Nazis themselves were irreligious or pagan, but because they persecuted others of the Christian faith that they became guilty of crime, and it is because the persecution was a step in the preparation for aggressive warfare that the offence becomes one of international consequence. To remove every moderating influence among the German people and to put its population on a total war footing, the conspirators devised and carried out a systematic and relentless repression of all Christian sects and churches.

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