The Nizkor Project: Remembering the Holocaust (Shoah)
Nuremberg, war crimes, crimes against humanity

The Trial of German Major War Criminals

Sitting at Nuremberg, Germany
16th July to 27th July 1946

One Hundred and Eighty-Seventh Day: Friday, 26th July, 1946
(Part 2 of 12)

[Mr. JUSTICE R. H. JACKSON continues.]

[Page 386]


The defendant Sauckel, Plenipotentiary General for the Utilization of Labour (29), is authority for the statement that "out of five million foreign workers who arrived in Germany, not even 200,000 came voluntarily". (30.) It was officially reported to defendant Rosenberg that in his territory "recruiting methods were used which probably have their origin in the blackest period of the slave trade". (31.) Sauckel himself reported that male and female agents went hunting for men, got them drunk, and "shanghaied" them to Germany. (32.) These captives were shipped in trains without heat, food, or sanitary facilities. The dead were thrown out at stations, and the newborn were thrown out the windows of moving trains. (33.)

Sauckel ordered that "all the men must be fed, sheltered and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degree of expenditure". (34.) About two million of these were employed directly in the manufacture of armaments and munitions. (35.) The director of the Krupp locomotive factory in Essen complained to the company that Russian forced labourers were so underfed that they were too weakened to do their work (36.), and the Krupp doctor confirmed their pitiable condition. (37.) Soviet

[Page 387]

workers were put in camps under Gestapo guards, who were allowed to punish disobedience by confinement in a concentration camp or by hanging on the spot. (38.)

Populations of occupied countries were otherwise exploited and oppressed unmercifully. Terrorism was the order of the day. Civilians were arrested without charges, committed without counsel, executed without hearing. Villages were destroyed, the male inhabitants shot or sent to concentration camps, the women sent to forced labour, and the children scattered abroad. (39.) The extent of the slaughter in Poland alone was indicated by Frank, who reported:

"If I wanted to have a poster put up for every seven Poles who were shot, the forests of Poland would not suffice for producing the paper for such posters." (40.)

Those who will enslave men cannot be expected to refrain from plundering them. Boastful reports show how thoroughly and scientifically the resources of occupied lands were sucked into the German war economy, inflicting shortage, hunger, and inflation upon the inhabitants. (41.) Besides this grand plan to aid the German war effort there were the sordid activities of the Rosenberg "Einsatzstab", which pillaged art treasures for Goering and his fellow-bandits. (42.) It is hard to say whether the spectacle of Germany's No. 2 leader urging his people to give up every comfort and strain every sinew on essential war work while he rushed around confiscating art by the trainload should be cast as tragedy or comedy. In either case it was a crime.

International Law at all times before and during this war spoke with precision and authority respecting the protection due to civilians of an occupied country (43.), and the slave trade and plunder of occupied countries was at all times flagrantly unlawful.


The Nazi movement will be of evil memory in history because of its persecution of the Jews, the most far-flung and terrible racial persecution of all time. Although the Nazi Party neither invented nor monopolised anti-Semitism, its leaders from the very beginning embraced it, incited it, and exploited it. They used it as "the psychological spark that ignites the mob". After seizure of power, it became an official State policy. The persecution began in a series of discriminatory laws eliminating the Jews from the civil service, the professions, and economic life. As it became more intense it included segregation of Jews in ghettoes, and exile. Riots were organized by Party leaders to loot Jewish business places and to burn synagogues. Jewish property was confiscated and a collective fine of a billion marks was imposed upon German Jewry. The programme progressed in fury and irresponsibility to the "final solution". This consisted of sending all Jews who were fit to work to concentration camps as slave labourers, and all who were not fit, which included children under 12 and people over 50, as well as any others judged unfit by an SS doctor, to concentration camps for extermination. (44.)

Adolf Eichmann, the sinister figure who had charge of the extermination programme, has estimated that the anti-Jewish activities resulted in the killing of six million Jews. Of these, four million were killed in extermination institutions, and two million were killed by Einsatzgruppen, mobile units of the Security Police and SD which pursued Jews in the ghettoes and in their homes and slaughtered them in gas wagons, by mass shooting in anti-tank ditches and by every device which Nazi ingenuity could conceive. So thorough and uncompromising was this programme that the Jews of Europe as a race no longer exist, thus fulfilling the diabolic "prophecy" of Adolf Hitler at the beginning of the war. (45.)

Of course, any such programme must reckon with the opposition of the Christian Church. This was recognized from the very beginning. Defendant

[Page 388]

Bormann wrote all Gauleiter in 1941 that "National Socialism and Christian concepts are irreconcilable", and that the people must be separated from the Churches, and the influence of the Churches totally removed. (46.) Defendant Rosenberg even wrote dreary treatises advocating a new and weird. Nazi religion. (47.)

The Gestapo appointed "Church specialists" who were instructed that the ultimate aim was "destruction of the confessional Churches". (48.) The record is full of specific instances of the persecution of clergymen (49.), the confiscation of Church property (50.), interference with religious publications (51.), disruption, of religious education (52.), and suppression of religious organizations. (53.)

The chief instrument for persecution and extermination was the concentration camp, sired by the defendant Goering and nurtured under the overall authority of defendants Frick and Kaltenbrunner.

The horrors of these iniquitous places have been vividly disclosed by documents (54) and testified to by witnesses. (55.) The Tribunal must be satiated with ghastly verbal and pictorial portrayals. From your records it is clear that the concentration camps were the first and worst weapon of Nazi oppression used by the National Socialist State, and that they were the primary means utilised for the persecution of the Christian Church and the extermination of the Jewish race. This has been admitted to you by some of the defendants from the witness stand. (56.) In the words of defendant Frank:

"A thousand years will pass and this guilt of Germany will still not be erased." (57.)
These, then, were the five great substantive crimes of the Nazi regime. Their commission, which cannot be denied, stands admitted. The defendant Keitel, who is in a position to know the facts, has given the Tribunal what seems to be a fair summation of the case on the facts:
"The defendant has declared that 'he admits the contents of the general Indictment to be proved from the objective and factual point of view' (that is to say, not every individual case) 'and this in consideration of the law of procedure governing the trial. It would be senseless, despite the possibility of refuting several documents or individual facts, to attempt to shake the Indictment as a whole.'" (58.)
I pass now to the inquiry as to whether these groups of criminal acts were integrated in a common plan or conspiracy.


The prosecution submits that these five categories of premeditated crimes were not separate and independent phenomena but that all were committed pursuant to a common plan or conspiracy. The defence admits that these classes of crimes were committed, but denies that they are connected one with another as parts of a single programme.

The central crime in this pattern of crimes, the king-pin which holds them all together, is the plot for aggressive wars. The chief reason for international cognizance of these crimes lies in this fact. Have we established the plan or conspiracy to make aggressive war?

Certain admitted or clearly proven facts help to answer that question. First is the fact that such war of aggression did take place. Second, it is admitted that from the moment the Nazis came to power, every one of them and every one of the defendants worked like beavers to prepare for some war. The question therefore comes to this: Were they preparing for the war which did occur, or were they preparing for some war which never happened? It is probably true that in their early days none of them had in mind what month of what year war would begin, the exact dispute which would precipitate it, or whether its first impact would be Austria, Czechoslovakia, or Poland. But I submit that the defendants either knew or were chargeable with knowledge that the war for which

[Page 389]

they were making ready would be a war of German aggression. This is partly because there was no real expectation that any power or combination of powers would attack Germany. But it is chiefly because the inherent nature of the German plans was such that they were certain sooner or later to meet resistance and that they could then be accomplished only by aggression.

The plans of Adolf Hitler for aggression were just as secret as Mein Kampf, of which over six million copies were published in Germany. He not only openly advocated overthrowing the Treaty of Versailles, but made demands which went far beyond a mere rectification of its alleged injustices. (59.) He avowed an intention to attack neighbouring States and seize their lands (60), which he said would have to be won with "the power of a triumphant sword". (61.) Here, for every German to hearken to, were the "ancestral voices prophesying war".

Goering has testified in this courtroom that at his first meeting with Hitler, long before the seizure of power:

"I noted that Hitler had a definite view of the impotency of protest and, as a second point, that he was of the opinion that Germany should be freed of the Peace of Versailles. 'We did not say we shall have to have a war and defeat our enemies'; this was the aim and the methods had to be adapted to the political situation." (62.)
When asked if this goal were to be accomplished by war if necessary, Goering did not deny that eventuality but evaded a direct answer by saying, "We did not debate about that at all at that time." He went on to say that the aim to overthrow the Treaty of Versailles was open and notorious and that, I quote again, "Every German in my opinion was for its modification, and there was no doubt that this was a strong inducement for joining the party." (63.) Thus, there can be no possible excuse for any person who aided Hitler to get absolute power over the German people, or who took a part in his regime, to fail to know the nature of the demands he would make on Germany's neighbours.

Immediately after the seizure of power the Nazis went to work to implement these aggressive intentions by preparing for war. They first enlisted German industrialists in a secret rearmament programme. Twenty days after the seizure of power Schacht was host to Hitler, Goering and some twenty leading industrialists. Among them were Krupp von Bohlen of the great Krupp armament works and representatives of I. G. Farben and other Ruhr heavy industries. Hitler and Goering explained their programme to the industrialists, who became so enthusiastic that they set about to raise three million Reichsmarks to strengthen and confirm the Nazi Party in power. (64.) Two months later Krupp was working to bring a reorganised association of German industry into agreement with the political aims of the Nazi Government. (65.) Krupp later boasted of the success in keeping the German war industries secretly alive and in readiness despite the disarmament clauses of the Versailles Treaty, and recalled the industrialists' enthusiastic acceptance of "the great intentions of the Fuehrer in the rearmament period of 1933- 1939". (66.)

Some two months after Schacht had sponsored his first meeting to gain the support of the industrialists, the Nazis moved to harness industrial labour to their aggressive plans. In April, 1933, Hitler ordered Dr. Ley "to take over the trade unions", numbering some 6 million members. By Party directive Ley seized the unions, their property and their funds. Union leaders, taken into "protective custody" by the SS and SA, were put into concentration camps. (67.) The free labour unions were then replaced by a Nazi organization known as the German Labour Front, with Dr. Ley at its head. It was expanded until it controlled over 23 million members. (68.) Collective bargaining was eliminated, the voice of labour could no longer be heard as to working conditions, and the labour contract was prescribed by "trustees of labour" appointed by Hitler. (69.) The war purpose of this labour programme was clearly acknowledged by Robert Ley five days after war broke out, when he declared in a speech that:

[Page 390]

"We National Socialists have monopolised all resources and all our energies during the past seven years so as to be able to be equipped for the supreme effort of battle." (70.)
The Nazis also proceeded at once to adapt the Government to the needs of war. In April, 1933, the Cabinet formed a Defence Council, the working committee of which met frequently thereafter. In the meeting of 22nd May, 1933, at which defendant Keitel presided, the members were instructed that:
"No document must be lost since otherwise the enemy propaganda would make use of it. Matters communicated orally cannot be proven; they can be denied by us in Geneva." (71.)
In February, 1934 - and, your Honours, dates in this connection are important - with defendant Jodl present, the Council planned a mobilization calendar and mobilization order for some 240,000 industrial plants. Again it was agreed that nothing should be in writing so that "the military purpose may not be traceable". (72.)

On 21st May, 1935, the top secret Reich Defence Law was enacted. Defendant Schacht was appointed Plenipotentiary General for War Economy with the task of secretly preparing all economic forces for war and, in the event of mobilization, of financing the war. (73.)

Schacht's secret efforts were supplemented in October, 1936, by the appointment of defendant Goering as Commissioner of the Four-Year Plan, with the duty of putting the entire economy in a state of readiness for war within four years. (74.)

A secret programme for the accumulation of the raw materials and foreign credits necessary for extensive rearmament was also set on foot immediately upon seizure of power. In September of 1934, the Minister of Economics was already complaining that:

"The task of stock-piling is being hampered by the lack of foreign currency; the need for secrecy and camouflage also is a retarding influence." (75.)
Foreign currency controls were at once established. (76.) Financing was delegated to the wizard Schacht, who conjured up the MEFO bill to serve the dual objectives of tapping the short-term money market for rearmament purposes while concealing the amount of these expenditures. (77.)

The spirit of the whole Nazi administration was summed up by Goering at a meeting of the Council of Ministers, which included Schacht, on 27th May, 1936, when he said: "All measures are to be considered from the standpoint of an assured waging of war." (78.) The General Staff, of course, also had to be enlisted in the war plan. Most of the generals, attracted by the prospect of rebuilding their armies, became willing accomplices. The Minister of War von Blomberg and the Chief of Staff General von Fritsch, however, were not cordial to the increasingly belligerent policy of the Hitler regime, and by vicious and obscene plotting they were discredited and removed in January, 1938. (79.) Thereupon, Hitler assumed for himself supreme command of the armed forces and the positions of von Blomberg and of von Fritsch were filled by others who became, as Blomberg said of Keitel, "a willing tool in Hitler's hands for every one of his decisions". (80.) The generals did not confine their participation to merely military matters. They participated in all major diplomatic and political manoeuvres, such as the Obersalzberg meeting where Hitler, flanked by Keitel and other top generals, issued his virtual ultimatum to Schuschnigg. (81.)

As early as 5th November, 1937, the plan to attack had begun to take definiteness as to time and victim. In a meeting which included the defendants Raeder, Goering and von Neurath, Hitler stated the cynical objective:

"The question for Germany is where the greatest possible conquest could be made at the lowest possible cost."

[Page 391]

He discussed various plans for the invasion of Austria and Czechoslovakia, indicating clearly that he was thinking of these territories not as ends in themselves, but as means for further conquest. He pointed out that considerable military and political assistance could be afforded by possession of these lands, and discussed the possibility of constituting from them new armies up to a strength of about 12 divisions. The aim he stated boldly and baldly as the acquisition of additional living-space in Europe, and recognized that "The German question can be solved only by way of force." (82.) Six months later, emboldened by the bloodless Austrian conquest, Hitler, in a secret directive to Keitel, stated his "unalterable decision to smash Czechoslovakia by military action in the near future". (83.)

[ Previous | Index | Next ]

Home ·  Site Map ·  What's New? ·  Search Nizkor

© The Nizkor Project, 1991-2012

This site is intended for educational purposes to teach about the Holocaust and to combat hatred. Any statements or excerpts found on this site are for educational purposes only.

As part of these educational purposes, Nizkor may include on this website materials, such as excerpts from the writings of racists and antisemites. Far from approving these writings, Nizkor condemns them and provides them so that its readers can learn the nature and extent of hate and antisemitic discourse. Nizkor urges the readers of these pages to condemn racist and hate speech in all of its forms and manifestations.