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 2 of 3)

[Page 476]

43. Hague Convention IV, Articles 43, 46, 47, 50, 52.

44. Affidavit of Dr. Rudolf Kastner, former president of the Hungarian Zionist Organization, 13th September, 1945 (2605- PS, USA 242, Part 2, pp. 365, 366).

45. Affdavit of Dr. Wilhelm Hoettl 5th November, 1945 (2738- PS, Part 2, pp. 417-418). Affidavits of Hermann Graebe (2992- PS, USA 494, Part 3, pp. 199-202 and Part 19, pp. 456-457).

46. SD Inspector Bierkamp's letter, 12th December, 1941, to RSHA, enclosing copy of secret decree signed by Bormann, entitled "Relationship of National Socialism and Christianity" (D-75, USA 348, Part 3, pp. 45-46).

47. Extracts from The Myth of the 20th Century, by Alfred Rosenberg, 1941 (2349-PS, USA 352, Part 3, p. 48).

48. Documents on RSHA meeting concerning the study and treatment of political church (1815-PS, USA 510, Part 3, p. 220).

49. Secret letter, 21st April, 1942, from SS to all concentration camp commands concerning treatment of priests (1164-PS, USA 736). Report from the Bavarian Political Police to the Gestapo, Berlin 24th August, 1934, concerning national mourning on occasion of death of von Hindenburg (1521-PS, USA 740). Letter from Kerrl to Minister of States, 23rd July, 1938, with enclosures dealing with persecution of Bishop Sproll (849-PS USA 354, Part 3, p. 49). Gestapo telegram from Berlin to Nuremberg, 24th July, 1938, dealing with demonstrations against Bishop Sproll in Rottburg (848- PS, USA 353, Part 3, p. 48). Goering has admitted the policy of sending clergymen to concentration camps (Part 9, p. 87).

50. Gestapo order, 20th January, 1938, dissolving and confiscating property of Catholic Youth Women's Organizations in Bavaria (1481-PS, USA 737, Part 1, p. 119).

51. Order of Frick, 6th November, 1834, addressed inter alia to Prussian Gestapo prohibiting publication of Protestant Church announcements (1498-PS, USA 739).

52. Bormann's letter to Rosenberg enclosing copy of letter, 24th January, 1939, to Minister of Education, requesting restriction or elimination of the logical faculties (116-PS, USA 685, Part 4, p. 301). Bormann's letter to Rosenberg, 17th April, 1939 enclosing copy of Minister of Education letter, 6th April, 1939, on elimination of the logical faculties in various universities (122-PS, USA 362, Part 3, p. 57).

53. Secret letter, 20th July, 1933, to provincial governments and the Prussian Gestapo from Frick concerning Confessional Youth Organizations (1482-PS, USA 738). Gestapo order 20th January, 1938, dissolving and confiscating property of Catholic Youth Women's Organizations in Bavaria (1481-PS, USA 737). State Police order, 28th May, 1934, at Dusseldorf, signed Schmidt concerning sanction of denominational youth and professional associations and distribution of publications in church (USA 745).

54. Report by Headquarters, Third United States Army, 21st June 1945 concerning Flossenburg Concentration Camp (2309- PS, USA 245, Part 2 pp. 369-372). Affidavit of Hans Marsalak, 8th April 1946, concerning Mauthausen Concentration Camp and dying statement of Franz Ziereis, the Commandant (3870-PS, USA 797, Part 11, 303-304). American concentration camp films (2430-PS, USA 79, Part 1 p 265). Soviet atrocity films (USSR-81, Part 7, p. 135). Affidavit of Rudolf Franz Ferdinand Hoess, 5th April, 1946.(3868-PS, USA 819, Part 11, pp. 358-360).

55. Testimony of Witness Blaha (Part 4, pp. 204-225). Testimony of Witness Hoess (Part 11, pp. 347, 363)

56. Testimony of the Defendant Funk. " . And when I was confronted with these measures of terror and violence against Jews, I suffered a spiritual breakdown because at the moment it came to my mind with all clearness that the catastrophe took its course from herein down to the horrible and dreadful things of which we have heard here and of which I knew, in part at least, from the time of my captivity. I felt a deep sense of shame and personal guilt at that moment and I feel it also today" (Part 13, p. 125). Von Schirach has testified that "Hitler's racial policy was a crime" (Part 14, p. 370), and that Auschwitz "is the greatest, the most devilish mass murder known to history" (Part 14, p. 369).

[Page 477]

57. Testimony of Frank. " ... I myself have never installed an extermination camp for Jews or supported the existence of such camps; but if Adolf Hitler personally has laid that dreadful responsibility on his people, then it is mine too" (Part 12, p. 109).

58. Vide Dr. Nelte's speech for the defence, afternoon session, 8th July, 1946, Part 18, p. 179.

59. Hitler, Mein Kampf: "In regard to this point I should like to make the following statement: To demand that the 1914 frontiers should be restored is a glaring political absurdity that is fraught with such consequences as to make the claim itself appear criminal. The confines of the Reich as they existed in 1914 were thoroughly illogical ... We National Socialists must stick firmly to the aim that we have set for our foreign policy, namely, that the German people must be assured the territorial area which is necessary for it to exist on this earth ... The territory on which one day our German peasants will be able to bring forth and nourish their sturdy sons will justify the blood of the sons of the peasant that has to be shed today" (GB- 128, Part 4, pp. 56, 57).

60. Hitler, Mein Kampf (GB-128, Part 4, p. 58).

61. Hitler, Mein Kampf: "The soil on which we now live was not a gift bestowed by Heaven on our forefathers. But they had to conquer it by risking their lives. So also in the future our people will not obtain territory, and therewith the means of existence, as a favour from any other people, but will have to win it by the power of a triumphant sword" (GB-128, Part 4, p. 55).

62. Part 9, pp. 198-199.

63. Part 9, p. 199.

64. Affidavit of Schnitzler, 10th November, 1945 (EC-439, USA 618, Part 1, pp. 130, 131, and Part 4, p. 173).

65. Letter from Krupp to Hitler, 25th April, 1933, with enclosure (D-157, USA 765, Part 8, p. 30).

66. Krupp speech "Thoughts about the Industrial Enterpriser," January, 1944. "It is the one great merit of the entire German war economy that it did not remain idle during those bad years even though its activity could not be brought to light for obvious reasons. Through years of secret work, scientific and basic ground work was laid, in order to be ready again to work for the German armed forces at the appointed hour, without loss of time or experience (D- 317, USA 770, Part 1, pp. 133, 134).

67. The Fifth Day of the Party Congress from Volkischer Beobachter, Munich (Southern German) Edition, Issue 258, 14th September, 1936 (2283-PS, USA 337). The Social Life of the New Germany with Special Consideration of the German Labour Front, containing principal parts of the two NSDAP orders directing seizure of unions in 1933, pp. 51-54 (392- PS USA 326 Part 3, p. 26). Organization Book of the NSDAP, the NSBO p. 185 (2271-PS, USA 328). Affidavits of Josef Simon, Chairman of German Shoemakers Union in 1933 (2335-PS, USA 749). Affidavits of Lorenz Hagan Chairman of Local Committee, German Trade Unions, Nuremberg (2334-PS, USA 238, Part 2, p. 363). Affidavit of Mathias Lex, deputy president of the German Shoemakers Union (2928-PS USA 239, Part 2, p. 363, Part 4, p. 45). Affidavit 17th October, 1945, of Gustav Schiefer, Chairman of General German Trade Union Association, Local Committee, Munich, 1933 (2277-PS, USA 748). Death certificate, Flossenburg Concentration Camp, concerning union leader Staimer and official letter to his wife 22nd December, 1941 (2332-PS). Death certificate, Flossenburg Concentration Camp, concerning union leader Hermann, and official letter to his wife, 29th December, 1941 (2333-PS, USA 744).

68. National Socialist Party Correspondence, release of 2nd May, 1933, p. 1 (2224-PS USA 364, Part 3, p. 59). Volkischer Beobachter (People's Observer) Munich edition, 17th May, 1933, Fuehrer Edict, p. 1 (1940-PS). The German Labour Front, Nature, Goal, Means - official publication of the German Labour Front, footnote on p. 11 (2275-PS).

69. Law concerning trustees of labour, 19th May, 1933, 1933 Reichsgesetzblatt, Part 1, p. 285 (405-PS).

70. Speech by Ley published in Forge of the Sword, with an introduction by Marshal Goering pp. 14-17 (1939-PS).

71. Minutes of second session of Working Committee of the, Reich Defence held on 22nd May, 1933 (EC-177, USA 390, Part 3, pp. 79, 95).

72. Minutes of conference of sixth session of Working Committee of Reich Defence Council, held on 7th February, 1934. (EC-404, USA 764, Part 1, p. 134 ; Part 8, p. 30).

73. Directive from Blomberg to Supreme Commanders of Army, Navy and Air Forces, 24th June, 1935; accompanied by copy of Reich Defence Law of 21st May, 1935, and copy of Decision of Reich Cabinet of 12th May, 1935, on the Council for Defence of the Reich (2261-PS, USA 24, Part 1, pp. 128-135).

74. Memorandum report about the Four-Year plan and preparation of the war economy, 30th December, 1936 (EC-408, USA 579, Part 1, pp. 129-130; Part 9, p. 95).

[Page 478]

75. Report on state of preparation for war economic mobilization as of 30th September, 034 (EC-128, USA 623, Part 4, 176).

76. Law against Economic Sabotage, 1936 Reichsgesetzblatt, Part 1, p. 999.

77. Affidavit of Puhl, 2nd November, 1945 (EC-436, USA 620, Part 4, p. 175).

78. Minutes of meeting of council of ministers on 27th May, 1936 (1301-PS, p. 15, USA-123, Part 1, p. 139).

79. Part 12, pp. 227-233.

80. Part 3, p. 320.

81. Excerpts from Diary kept by General Jodl, January, 1937, to August, 1939 (1780-PS, USA 72, Part 1, p. 248; Part 2, p. 228).

82. Notes on a conference with Hitler in the Reich Chancellery, Berlin, 5th November, 1937, signed by Hitler's Adjutant, Hoszbach, and dated 10th November, 1937 (386-PS, USA 25, Part 1, p. 156; Part 2, p. 5; Part 3, pp. 321, 322).

83. File of papers on Case Green (the plan for the attack on Czechoslovakia) kept by Schmundt, Hitler's Adjutant, April- October, 1938 (388-PS, USA 26, Part 2, pp. 5, 7-10, 16-19, 21-25, 33-42).

84. Excerpts from Diary kept by General Jodl, January, 1937, to August, 1939 (1780-PS, USA 72, Part 1, 248; Part 2, p. 228).

85. File of papers on Case Green (the plan for the attack on Czechoslovakia kept by Schmundt, Hitler's Adjutant, April- October, 1938 (388-PS, USA 26, Part 2, p. 7).

86. Documents found in official Navy files containing notes year by year, from 1927 to 1940, on reconstruction of the German Navy, and dated 18th February, 1938, 8th March, 1938, September, 1938 (C-23, USA 49, Part 1, p. 202).

87. "Germany neither intends nor wishes to interfere in the internal affairs of Austria, to annex Austria or to unite with Austria." Berlin, 21st May, 1935, Volkischer Beobachter, 22nd May, 1935. "Immediately after the Anschluss, I informed Yugoslavia that the frontier in common with that country would henceforth be regarded as unalterable by Germany and that we wished to live with her in peace and friendship." Berlin, 6th October, 1939, Volkischer Beobachter, 7th October, 1939. "I have given binding declarations to a number of States. None of these can complain that even a trace of a demand contrary thereto has ever been made to them by Germany. None of the Scandinavian statesmen, for example, can contend that the German Government or that German public opinion has ever made a demand which was incompatible with the sovereignty and integrity of their State." Berlin, 28th April 1939 Volkischer Beobachter, 29th April, 1939. "We have given guarantees to the States in the West and have guaranteed to all contiguous neighbours the inviolability of their territory as far as Germany is concerned. That is not a phrase; that is our sacred will." Berlin, 26th September, 1938, Volkischer Beobachter, 27th September, 1938. "With out taking the past into account, Germany has concluded a non- aggression pact with Poland. This is more than a valuable contribution to European peace, and we shall adhere to it unconditionally. We only hope that it will be renewed and continue uninterruptedly and that it will deepen the friendly relations between the two countries. With the understanding and heartfelt friendship of genuine nationalists we recognize Poland as the home of a great and nationally conscious people." Berlin, 21st May, 1935, Volkischer Beobachter, 22nd May, 1935. "Germany has steadily given her assurance, and I solemnly repeat this assurance here, that between ourselves and France, for example, there are no grounds for quarrel that are humanly thinkable." Berlin, 30th January, 1937, Volkischer Beobachter 31st January, 1937.

88. Notes on conference between Goering, Mussolini and Ciano, 15th April, 1939 (1874-PS, USA 125, Part 2, 106).

89. Note for Reichminister, 26th August, 1938 (TC-76, GB 31, Part 2, pp. 133-134).

90. Speech of Fuehrer at a conference, 23rd November, 1933, to which all Supreme Commanders were ordered (789-PS, USA 23, Part 2, p. 107).

91. Minutes of conference with Goering, at the Air Ministry, 14th October, 1938, concerning acceleration of rearmament (1301-PS, USA 123, Part 1, pp. 138-140; Part 4, pp. 186, 187 ; Part 8, p. 31). Notes on conference with Goering, in Westerland on 26th July, 1939 signed Muller, dated Berlin, 27th July, 1939 (R-133; USA 124, Part 2, p. 105).

92. Minutes of conference 23rd May, 1939, "Indoctrination on the Political Situation and Future Aims" (L-79, USA 27, Part 1, pp. 166, 186; Part 2, p. 107).

93. Minutes of Second Meeting of Reich Defence Council, 23rd June, 1939 (3787-PS, USA 782, Part 9, P. 362; also vide Mr. Justice Jackson on the document, afternoon session, 3rd July, 1946, Part 18, p. 66).

94. Minutes of conference 23rd May, 1939, "Indoctrination on the Political Situation and Future Aims" (L-79, USA 27, Part 1, pp. 166, 186; Part 2, p. 107).

95. Letter from Frank to Goering, 25th January, 1940 (1375- PS, USA 172, Part 2, p. 292).

[Page 479]

96. Thierack's notes, 18th September, 1942, on discussion with Himmler concerning delivery of Jews to Himmler for extermination through work (654-PS, USA 218, Part 2, p. 334; Part 3, P. 216). Letter from Minister of Justice to Prosecutors, 1st April, 1944, concerning Poles and Jews who are released from penal institutions of Department of Justice (701-PS, USA 497, Part 3, p. 210).

97. Directive of 27th April, 1943, to Commanders of Concentration Camps, regarding executions of prisoners (1933- PS, USA 459, Part 3, p. 158).

98. Copy of telegram from Muller to Himmler, 16th December, 1942, concerning recruiting Jewish labour (1472-PS, USA 279, Part 2, p. 390). Himmler's order, 17th December, 1942, concerning prisoners qualified for work to be sent to concentration camps (1063-D-PS, USA 219, Part 1, p. 336).

99. Speer's conference minutes of Central Planning Board, 1942-44, concerning labour supply, p. 36 (R-124, USA 179, Part 2, pp. 300, 303, 312 ; Part 4, p. 402).

100. Report signed by Donitz, 1944, giving support to Navy and Merchant Marine (C-195, GB 211, Part 4, p. 260).

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