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
(Appendix Part 1 of 3)

[Page 473]


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

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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 and 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 USA-C).

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 uncontradicted.

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 developments."

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. 39),

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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

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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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