Nuremberg, war crimes, crimes against humanity

The Trial of German Major War Criminals

Sitting at Nuremberg, Germany
29th July to 8th August 1946

One Hundred and Eighty-Ninth Day: Monday, 29th July, 1946
(Part 4 of 12)

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M. DUBOST: In the year 1932, Kaltenbrunner became a member of the Party and of the SS in Austria. He became Secretary of State for Security and the Police in Austria and then Chief of Police in Vienna and Chief of RSHA (Reich Security Office) from 30th January, 1943, up to the capitulation. During this latter period he was responsible for the Gestapo, the police, the Security Service and the concentration camps.

He was one of the most important factors in the criminal organization which carried out the policy of extermination and effected genocide. His responsibility for these mass murders has been established. Orders for imprisonment and execution were signed by him.

"Detention and protective custody," he said, "were measures justified by the war."
At the same time, however, he tried to make us believe that he opposed the introduction of these measures. It is impossible to believe this, for we have proof that he had supreme authority over the camps.

We are aware of Rosenberg's important position in the Third Reich. A department bore his name. Moreover, he was Minister for the Eastern Territories and an exponent of the Nazi doctrine. In "Blood and Honour " ("Blut und Ehre"), in particular, he revived and elaborated the theory of living-space to which the so-called German race was entitled. He started with the unfounded statements that "the evolution of humanity owes its entire meaning to the irradiation of Nordism " and that "a decline takes place wherever this Nordic culture, instead of condemning Asiatics and Jews to permanent enslavement, mingles with these impure elements...." He concluded by saying that the Continent must be subjected to the German philosophy and race. To restore the racial purity of Germany by any means was the subject of his speech at Nuremberg in 1933. He extolled the extermination of the Jews, and we know today that it was no empty phrase. Furthermore, in a report to the Fuehrer dated 11th August, 1942 (042-PS) he wrote:

"Measures aimed at preventing an increase in the population of the Ukraine and which would render Article 218 of the German Penal Code inapplicable were the object of a special study last year. The subject was raised again on the occasion of a visit made by the Director of the Ministry of Health.... In the Ukraine, measures have been taken to prevent epidemics, not in the interest of other races, but exclusively for the protection

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of the German occupation forces and for maintaining labour in the service of the German war industry."
Finally, he was implicated in the attack on Norway, and thanks to his special staff he conducted the methodical plundering of the artistic wealth of Europe.

Frank was one of the Party's earliest adherents. He was its legal adviser and took part in the elaboration of its programme. He was also the Fuehrer's adviser. He was Minister of justice in Bavaria, then Minister of State charged with the co-ordination of justice in the Reich, and finally Governor General of Poland. It is he who tried to give legal form to the programme of persecution and extermination drawn up by the State and the Party. He defended the establishment of concentration camps in the German Legal Gazette in 1936, and he proclaimed that the second fundamental concept of the Hitlerite Reich was racial legislation. His personal activities in Poland contributed to the extermination of numerous Poles. He vaunted these activities in his paper.

Frick was a member of the Party from 1925. He became a Reichsleiter and afterwards Reich Director for Elections from 30th January, 1933, to 20th August, 1943. He was chief of the service for the annexation of Austria by Germany and for the incorporation of the Sudetenland, Mernel, Danzig, the Eastern Territories, Eupen-Malmedy and Moresnet. He was also Director of the Central Office for the Protectorate of Bohemia-Moravia, the Government General, Lower Styria, Upper Carinthia, Norway, Alsace- Lorraine, and all the other occupied countries. He was Protector of Bohemia and Moravia for over a year. He had been Reich Minister of the Interior ever since the assumption of power and a member of the Defence Council. When he was elected to the Reichstag in 1924, he proposed anti- Jewish laws. Strictly obedient, on several occasions he gave expression to the political theories of the Party. In particular he declared:

"In National Socialist Germany, leadership is in the hands of an organized community, the National Socialist Party; and as the latter represents the will of the nation, the*policy adopted by it, in harmony with the vital interests of the nation, is at the same time the policy adopted by the country." (3258-PS.)
He it was who appointed Himmler. He was responsible for the anti-Jewish legislation and ordered sterilization for the descendants of coloured soldiers. Furthermore, he gave orders that the incurably insane should be put to death.

Streicher entered the Party almost as soon as it was formed. He indulged in unbridled propaganda,against the Jews, both in his speeches and in his writings, and incited the German people to persecute and to exterminate them. He was made Gauleiter. He does not dissociate himself from anything that has been done. He stated:

"When one has known the profound depths of the Fuehrer's character as I have done, and when 1 later learned from his testament that he deliberately gave the order to execute the Jews-well, I declare that this man had a right to do so."
Funk entered the Party in 1931 and was decorated with the golden badge. He was Chief of the Reich Press and Secretary of State for Propaganda; eventually he succeeded Schacht in the Ministry of Economics in 1937. He became Plenipotentiary-General for Economic Affairs and President of the Reichsbank in 1941. In 1932 he acted as middleman between the Fuehrer and certain leaders of German industry. He attended the meeting of industrialists organized by Gdring on 20th February, 1933, to obtain the political hnd financial support of industry for the realization of the Nazi programme. He stated on 4th May, 1946:
"As State Secretary for Propaganda I had a definite responsibility. I have, of course, favoured propaganda, as did all those who found themselves in positions of importance in Germany, for propaganda filled and permeated the nation's intellectual life."

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He asked that the Jews be excluded from important positions and issued d crees to that effect. He received from the SS deposits of gold and valuables taken from the victims of mass exterminations. He built up Germany's economy and signed the Secret Law Of 4th September, 1938.

Doenitz was Commander-in-Chief of the German Navy. He succeeded Hitler, with Seyss-Inquart as Foreign Minister. He was a recipient of the Golden Party Badge. His adherence to the criminal policy of the system is indisputable. He said, among other things (Document 640):

"The officer is the representative of the State. This ridiculous talk about non-political officers is sheer nonsense."
He recommended the use of labour from the extermination camps in order, he said, to increase output by 100 per cent. He proclaimed unrestricted submarine warfare, and ordered his sailors " to be hard," and not to effect any further rescues.

He approved and extolled massacres of Communists.

Raeder was Commander-in-Chief of the German Navy before Doenitz. He was present at the conferences at which Hitler revealed his plans, notes of which were taken at the time. He put the Navy at the service of the Nazi regime. He conducted clandestine rearmament activities and contributed to the preparation of aggression against Poland and Norway.

His contempt for International Law is well known. It will suffice to refer to the memorandum of 15th October, 1939, Exhibit UK 65.

Schirach became a member of the Party at the age of 18 He joined in 1925, was leader of the Hitler Youth from 1931 to 1940, and Gauleiter of Vienna up to the capitulation. He was one of the essential parts of the Nazi machine. He admits that as Gauleiter of Vienna he united in himself the powers of the State, the city and the Party. He moulded the youth of Germany according to the ideology of the Party; and he has claimed responsibility for the consequences resulting from this exclusive formation. He allowed Himmler to recruit the SS from among the Hitler Youth.

From 1943 onwards, as he himself admits, he was aware of the treatment inflicted on the Jews. Long before that date, however, he had taken a very definite stand as to this question and had been active in conducting anti-Semitic propaganda.

Sauckel joined the Party in 1925. Gauleiter of Thuringia, Plenipotentiary-General for Manpower and Honorary Obergruppenfuehrer of the SS, he held a highly eligible position in the State and Party machine.

A fiery propagandist, he delivered more than five hundred speeches, in all of which he expounded the Nazi ideology. He approved the principle of extermination. He said:

"With regard to the extermination of asocial elements, Goebbels is of the opinion that the method of extermination by work is much the best." (Document 682-PS.)
He also stated:
"The Fuehrer has said that we must revise our habitual conceptions about the migration of peoples ... it is the Fuehrer's wish that a hundred years from now 250 million people speaking the German language be settled in Europe." (Document 025-PS.)
He personally played an active part in preparing the way for the exterminations. On 28th May, 1946, he made here the following statement on the subject:
"Best results in production can only be obtained by judicious use of manpower."
He forced over two million Frenchmen to collaborate in the war effort with their labour - to say nothing of millions of people of other nationalities. They were recruited by force with the help of the police, the SS and the Army (Document S 827):
"I have," he said, " given special authority to a few intelligent men, with a view to procuring labour. They are working under the direction of the

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Supreme Chief of the SS and the police. I have armed and trained a certain number of them, and I must make application to the Ministry of Armaments for the necessary supplies for these men ......"
Through this declaration, the insinuation of counsel for defendant Speer to the effect that the French Government had voluntarily given its assent to sending forced labour to Germany is reduced to naught.

Alfred Jodl was Chief of the Operations Staff of the OKW. He enjoyed the absolute confidence of the F5hrer in the same degree as Keitel (3798- PS). He took part in drafting the various plans for aggression. Encouraged to serve Hitler by the presence of such conservatives as Neurath, Papen, and Schacht at Hitler's side, he transmitted On 22nd March, 1943, the decree ordering the expulsion of Jews from Denmark and their internment in Germany. He was also responsible for the execution of Hitler's order of 18th October, 1942, for the annihilation of commandos. (Document 530-PS.)

He took part in the discussions on the measures to be taken against airmen who were forced down. He signed the proclamation published by the High Command of the Army relative to the struggle against guerilla troops-a proclamation containing regulations which outraged the laws of humanity.

Von Papen paved the way for Hitler's accession to power. The formation of his Cabinet On 30th May, 1932, was contrary to the normal parliamentary procedure. On 2nd June he ordered the dissolution of the Reichstag, thereby giving free rein to Hitler's terrorism. At an interview with Hitler in June, 1932, he said:

"I have agreed to Hitler's demands: the right of the SS and SA to wear uniform."
At the same time Papen was under no illusions as to the consequences to his Party of the Hitlerian agitation which he had himself instigated. But he preferred Hitler to democracy. After the elections of 30th July he endeavoured to induce Hindenburg to accept Hitler - and in the month of November he succeeded.

He allowed Nazi functionaries to usurp the public services.

Sir David Maxwell Fyfe reminded us of von Papen's vindication of National Socialism in Essen in November, 1933. Papen expressed himself very definitely on the racial problem (speech at Gleiwitz in 1934):

"Certainly no objection can be made to racial research or to measures taken on behalf of the race with the aim of preserving as far as possible its national characteristics."
We know what these measures were.

Papen served the Party and State administration until the capitulation. Neither the murder nor the imprisonment of his collaborators, of which the State and the Party were guilty, interrupted his activities.

Seyss-Inquart joined the National Socialist Party on 13th March, 1938. He occupied various positions within the inner circle of the Party and in the State services, and was finally made Assistant Governor of Poland and later Reich Commissar for the Netherlands. He declared

I quote:

"I cling with unchanging tenacity to the aim in which I believe: greater Germany, and in the Fuehrer." (Excerpt from a letter of Seyss-Inquart to Goering on 14th July, 1939 - Document 2219-PS.)

" . . . we hold the task of a generation, that is to say of the vital force of a people, to be the creation and the security of Lebensraum for the cultural and economic life of that nation..."(Speech of Seyss-Inquart of 23rd January, 1939 - Document 3640-PS).

" . . . as the task of a whole generation, the entire Vistula region and not only the territories now gained in the East must be settled by Germans ... the Slovakia of today, the Hungary of today, the Roumania of today, must be reorganized. I believe that the time has come . . . I believe that soon the

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whole of this territory will be under the sole administration of Germany. (Letter of Seyss-Inquart to Bormann of 20th July, 1940 - Document 3645-PS.)
Seyss-Inquart endeavoured to realize the main political object of the Party: conquest of space at all costs. He used all his available resources for the annexation of Austria, of which he was a native (he admitted that he had worked for twenty years to bring about the Anschluss). His collusion with Konrad Henlein for the reincorporation of the Sudeten territory in Germany has been proved. In Holland he gave orders for the execution of hostages and forged political and economic links between that country and the Reich. He is further responsible for the systematic pillage inflicted on Holland, for the deportation of the population and for the introduction of measures which led to famine.

Speer joined the Party in 1933. He was appointed personal architect to Hitler, and in this capacity he came into very close contact with the Fuehrer. Chief of the Todt Organization from February, 1942, Armaments Chief for the Four-Year Plan from March, 1942, Minister for Armaments from September, 1943, he was one of the high-ranking officials in both the State and the Party. Speer utilized more than a million men in the Todt Organization, and more than 50,000 deported Frenchmen in the Ruhr territory alone in 1943. He is responsible for the ill-treatment of foreign workers in German factories, particularly in the Krupp plants. He employed more than 400,000 war prisoners in the armament industry. His delegates. were authorized by the OKW to enter the camps and to select skilled workmen. He exploited the manpower of the concentration camps, affecting a total of more than 32,000 men, as he has himself admitted. He visited Mauthausen and shares the responsibility for the deportation of Jews to special labour camps, where they were exterminated, as well as the deportation of 100,000 Hungarian Jews to aircraft factories.

Von Neurath, Minister for Foreign Affairs since 1932, remained in this office when the Nazis seized power in 1933. He continued to occupy this post until 1939, and both he and his departments were gradually absorbed by the growing State and Party machine. As he was a member of the Government from the outset, he cannot have been ignorant of the political ideology of the movement. If he claims to have been shocked when he learned in 1937 that Hitler was planning aggression, he nevertheless remained in office and made no attempt to dissuade Hitler. On the contrary, it was he who by his approval encouraged Hitler to reoccupy the left bank of the Rhine - the first stage in the wars of aggression for the conquest of living-space. He remained Minister of the Reich until the end. A conservative himself, his presence encouraged conservative elements in Germany to co-operate with Hitler. Mainspring of the Party and State machine, von Neurath is closely connected with this machine in the crimes of extermination of which he was fully aware and which he himself decreed.

On 31st August, 1940, von Neurath transmitted to Dr. Lammers two memoranda, one drawn up by himself and the other by his Minister of State Frank, both advocating the total Germanization of Bohemia and Moravia and the elimination of the Czech intelligentsia. One of these reports contains the following lines:

"As regards the future organization of Bohemia and Moravia, all considerations should be based on the goal set for this territory, from the political and national-political angles [sic]. From the political angle there can be only one goal: complete incorporation into the Greater German Reich; from the national-political angle: settling these territories completely with Germans. A brief survey of the actual position as it presents itself from observations and experience gained since the annexation in regard to the political and national-political angles, indicates the path to be followed in order to reach the clearly defined and unequivocal goal.... Things present themselves in such fashion that a decision must be taken on the fate of the Czech people so that the end in view may be achieved, which is to incorporate the country

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and populate it with Germans as quickly and as completely as possible." (Document 3859-PS.)
Fritzsche served the Party before it came to power, but he did not actually become a member of it until 1933, and then he became quickly a remarkably efficient propagandist. In the course of the war he became the head of the radio service. Expounding the doctrine of the regime, he agitated for the massacre of Jews.

By means of repeated addresses he furthermore endeavoured to imprint in the German miqd the idea that its very life was imperilled by the Jews and democracy, and that it must yield itself unreservedly to the men of destiny who governed it.

Schacht's position is peculiar in itself. I shall deal with his case at greater length. He claims to be a victim of the system and is surprised to find himself here cheek by jowl with Kaltenbrunner, his jailer. Schacht told us that the ideals of the Party did not appeal to him. None- the-less, ex-Minister Severing stated at the session of 2ist May, 1946, that in 1931 he had learned from a communication of the Berlin Police that Schacht had taken part in discussions with the Nazi chiefs. He added that Schacht's relations with plutocracy and militarism struck him as highly compromising, and that he would not have cared to be a member of the same Cabinet.

We know that Schacht had established relations with Hitler in 1930, bringing to him the advantages of his credit in Germany and abroad. National Socialism derived considerable benefit from this.

At the National Front rally at Hamburg in October, 1931, Schacht took his scat next to Hitler, Hugenberg and Seldte. He had already attempted to draw Hitler into the Bruening Government. He was responsible for procuring funds for the decisive elections of March, 1933 (USA 874), at a meeting between Goering and the leading industrialists, on which occasion Hitler delivered a speech. After the seizure of power, Schacht played an outstanding role within the machinery of Party and State. He became President of the Reichsbank and Minister of Economics. On 19th January, 1939, he left the Reichsbank, but he became a Minister of State and held that post until 2ist January, 1943. Clever, subtle, and capable of disguising his real thoughts behind a mask of irony or insolence, he never committed himself completely. It has, however, been proved that he persistently demanded increased living-space for Germany. When he tried to mislead his questioners by speaking of colonial claims, and it was pointed out that, considering world conditions, the possession of colonies could in no way assist Germany in solving her domestic problems, he failed to reply. He knew how to threaten the democracies and even resorted to a form of extortion through fear. When speaking of a Party success during a visit to America, he said:

"I gave the greatest possible warning that if countries abroad did not change their policy towards Germany, there would in a very short time be many more members and adherents of Hitler's Party."
He also said:
"It is perfectly clear: We ask for territory in order to feed our people."
What part did he play in the development ofthe criminal policy ?

As soon as he was established in the Reichsbank, a vast programme for financing public works was launched. All of these works - new railroads, motor highways, etc. - were of strategic importance. Moreover, a large proportion of the credits was secretly used for purely military purposes.

From 1935 onwards, rearmament was speeded up under the vigorous impulse of the new financial measures which he devised. The academic and upright economist of tradition turned into a "sharper" in order to realize the great aims of the Party. By means of accommodation drafts - MEF0 drafts - the rearmament was financed. Drawn on a drawee who provided no cover, a company created to serve this express purpose, the blank drafts were endorsed by a second and similar company....

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