Nuremberg Trial – The Twenty-fourth Day

Twenty-Fourth Day:

Thursday, 20th December, 1945

 

MAJOR FARR: May it please the Tribunal, when the Tribunal rose yesterday, we were discussing the number of persons who might be involved in the concentration camp programme with which the S.S. was concerned nothing better illustrates the integrated character of the whole organisation than that programme.

W.V.H.A., one of the departments of the Supreme Command, handled the administration and control of that camp programme and dealt with the victims once they were in the camp. They were assisted by the Death Head Units, who furnished the guard personnel for the camps, and subsequently by the ” Allgemeine S.S.,” which took over guard duties during the war.

R.S.H.A. – the police arm of the S.S. – played a part in the concentration camp programme, because through it the victims were apprehended and taken to the camps. Thus the S.D. appears in the picture, the personal staff, the first department of the Supreme Command, the top office so to speak of the whole organisation, and naturally had much to do with the work of all subordinate departments.

Thus when the question is asked how many persons in the S.S. had something to do with the concentration camp programme, it is a question which I think it is impossible to answer. You might point out how many persons were involved in the Death Head Units, who originally furnished the guard details. You might estimate how many persons were in the ” Allgemeine S. S.,” but to say just what percentage of the whole organisation was involved in that programme is something which I find myself unable to do.

I had just pointed out –

THE PRESIDENT: Can you say that one or other branch of the S.S. provided the whole of the staff of the concentration camps?

MAJOR FARR: By the staff, I take it, you mean guards at the camp, the guard personnel. You cannot do that. For example, the Death Head Units originally started off as being the units which furnished all the guard personnel. Subsequently, their task was taken over by members of the “Allgemeine S.S.”

THE PRESIDENT: Those are both branches of the S.S.?

MAJOR FARR: Both are branches, yes. Now with respect to the camp commandants, for instance, normally all high ranking officers in the S.S. were members of the ” Allgemeine S.S.,” so doubtless such personnel would be drawn from that branch. It is certainly not impossible that some members of the ” Waffen S.S.” may have been called on to act as guards in certain camps. I do not think you can say that there is no component of the S.S. which may not have had some of its personnel involved in the programme.

THE PRESIDENT: That was not exactly what I meant. What I meant was: could you say that one or other branches of the S.S. furnished the whole staff of the concentration camps?

MAJOR FARR: I do not think I can say that. I think I could say this –

THE PRESIDENT: What other organisation was it that furnished a part of the staff of the concentration camps?

MAJOR FARR: You mean an organisation other than the S.S.

THE PRESIDENT: Yes.

MAJOR FARR: I know of none.

THE PRESIDENT: Then the answer would be “Yes”?

MAJOR FARR: I thought your Honour was referring to any one branch of the S.S., which was concerned alone with that. The S.S., so far as I know, is the only organisation which played a part in the concentration camp picture, except at the very end of the war when I think, as Colonel Storey said yesterday, some members of the S.A. were also involved as guard personnel of concentration camps.

THE TRIBUNAL (Mr. BIDDLE): Do you know the total personnel at the end of the war?

MAJOR FARR: Of the entire S.S.

THE TRIBUNAL (Mr. BIDDLE): Yes.

MAJOR FARR: That is something you would have to estimate. I quoted to the Tribunal yesterday the figures that d’Alquen gave as the strength of the ” Allgemeine S.S.” in 1939. He said then that there were about 240,000 men in the AllgemeineS.S.” There were, at that time, about four regiments of Death Head Units, several other regiments of the ” Verfilgungstruppe,” a few thousand personnel involved in the S.D., so that I should say in 1939 you had about 250,000 to 300,000 members of the S.S. With the outbreak of the war, the ” Waffen S.S.” was built up from a few regiments of the Verfflgungstruppe to about 31 divisions at the end of the war, which probably would mean that the ” Waffen S.S.” by 1941, had had some 400,000 to 500,000 persons involved. I take it that 400,000 to 500,000 members of the ” Waffen S.S.” would be in addition to personnel of the “Allgemeine S.S.,” who were subject to compulsory military service in the Wehrmacht. So that, if I had to estimate, I would say that probably some 750,000 persons would be the top figure of personnel who had been involved in the S.S. from the beginning, but that is only an estimate.

THE TRIBUNAL (Mr. BIDDLE): Then you have no break down to show how many of those were civilians, clerks, stenographers, soldiers and so on ?

MAJOR FARR: No. When we are talking about S.S. members, we are not talking about stenographers who worked in the office, who were not members of the S.S. By S.S. members, we mean personnel who took the oath and appeared on the membership list, either as a member of the ” Allgemeine S.S.,” the Death Head Units, or the ” Waffen S.S.” I would think that my figure Of 750,000 was a figure including members of the S.S., ” Allgemeine S.S.,” the ” Totenkopfverbande,” and the ” Waffen S.S.”

I was pointing out the shift of control of concentration camps to W.V.H.A. in 1942, which was coincident with the shift in the basic purpose of the camps, which heretofore had been concerned with custody of individuals for political and security reasons. The basic purpose of the camps was to furnish manpower, and 1 now want to point out to the Court the agencies of the S.S. which were involved in that manpower drive.

The Tribunal has already received evidence of an order, which was issued in 1942, shortly after the transfer to W.V.H.A. of concentration camp control, directing Security Police to furnish at once 35,000 prisoners qualified for work in the camps. That order is our Document 1063-PS, and was received in evidence as Exhibit USA 219.

35,000 prisoners were, of course, merely the beginning. The S.S. dragnet was capable of catching many more slaves. I offer in evidence a carbon typewritten copy of a directive to all the departments of the S.S. Supreme Command, issued from Himmler’s field headquarters on the 5th and 6th August, 1943. It is Document 744-PS. I offer it as Exhibit USA 455. That directive appears on Page 2 of the translation. It implements an order signed by the defendant Keitel, directing the use of all males, captured in guerilla fighting in the East, for forced labour. The Keitel directive appears on Page 1 of the translation.

I shall read only the Himmler directive appearing on Page 2 of the translation. The Tribunal will note that it is addressed to every main office of the S.S. Supreme Command. I read that list of addresses of the directive:

1. Chief of the personnel staff of Reichsfuehrer S.S.

2. S.S. Main Office.

3. Reich Security Main Office (R.S.H.A.).

4. Race and Resettlement Main Office S.S.

5. Main Office, Ordinary Police.

6. S.S. Economic Administrative Main Office.

7. S.S. Personnel Main Office.

8. Main Office S.S. Court.

9. S.S. Supreme Command – Headquarters of the ‘Waffen S.S.’

10. Staff Headquarters of the Reich Commissar for the Consolidation of Germanism.

11. Main Office Centre for Racial Germans.

12. Office of S.S. Obergruppenfuehrer Heissmeyer.

13. Chief of the Guerilla-fighting Units.”

I point out to the Court that every one of the main offices appearing on the chart is a recipient of that directive. The next addresses are the Higher S.S. and Police Leaders in the various regions. .

I continue to quote the body of the directive

” To figure 4 of the above-mentioned order I direct, that all young female prisoners capable of work are to be sent to Germany, through the agency of Reich Commissioner Sauckel.

Children, old women and men are to be collected and employed in the women’s and children’s camps, established by me on estates as well as on the border of the evacuated area.”

In April 1944 the S.S. was called on to produce even more labourers this time 100,000 Jews from Hungary. The Tribunal will recall the minutes of the defendant Speer’s discussion with Hitler on the 6th and 7th of April, 1944, which were found in our Document R-124 at page 36, and were read to the Court, in evidence as Exhibit USA 179, minutes in which Speer referred to Hitler’s statement that he would call on the Reichsfuehrer S.S. to produce 100,000 Jews from Hungary.

The last source of man-power had not been tapped. To Jews, deportees, women and children, there was added the productive power of prisoners of war. It was through the S.S. that the conspirators squeezed the last drop of labour from such prisoners.

I refer to statement by the defendant Speer, which appears in our Document R-124 at Page 13 of the translation, the document itself having already been introduced in evidence as Exhibit USA 179. The statement is found at Page 7, last paragraph of the original, Page 13 of the Document R-124, the next to the last paragraph on Page 13. That appears in volume 2 of the document book. I quote:

“Speer: We have to come to an arrangement with the Reichsfuehrer S.S. as soon as possible so that P.W.’s he picks up are made available for our purposes. The Reichsfuehrer S.S. gets from thirty to forty thousand men per month.”

In order to insure S.S. control over the labour of prisoners of war, the Reichsfuehrer S.S. was finally appointed as head of all prisoner- of-war camps on 25th September, 1944. I offer in evidence the letter referring to his appointment. It is our Document 058-PS. It is Exhibit USA 456. It will be found in Volume 1 of the document book. That letter is a circular letter from the Director of the Party Chancellery, dated the 30th of September, 1944, and signed “M. Bormann.” I quote, beginning with the first paragraph:

“1. The Fuehrer has ordered under the date 25 September, 1944:

The custody of all prisoners of war and interned persons, as well as prisoner-of-war camps and institutions with guards, are transferred to the Commander of the Reserve Army from October 1, 1944.”

Passing to paragraph 2 of the letter, I shall read sub-paragraphs (a) and (c), I quote:

2. The Reichsfuehrer S.S. has commanded:

(a) In my capacity as Commander of the Reserve Army, I transfer the affairs of prisoners of war to Gottlieb Berger S.S.-Lieut- General Chief of Staff of the Volksturrn.”

Passing now to sub paragraph (c):

“(c) The mobilisation of labour of the prisoners of war will be organised with the present labour mobilisation office in joint action between S. S. -Lieut.-General Berger and S.S.-Lieut.- General Pohl.

The strengthening of security in the field of prisoners of war affairs is to be accomplished between S.S.-Lieut.-General Berger and the Chief of the Security Police, S.S.-Lieut.-Gen. Dr. Kalteribrunner.”

Thus the S.S finally took over direction and control of prisoner-of- war camps.

So impressive were the results obtained from S.S. concentration camp labour, that in 1944 the defendant Goering called on Himmler for more inmates for use in the aircraft industry. The Tribunal will recall his teletype to Himmler, our Document 1584-PS, Part 1, which was read in evidence by Mr. Dodd, as Exhibit USA 221. Let me now read Himmler’s reply to that teletype. It is our Document 1584-PS, Part 3, and will be found on Page 2 of Part 3 Of 1584-PS. I offer it in evidence as Exhibit USA 457. 1 quote the beginning of that letter:

“Most Honoured Reichsmarshal:

Following my teletype letter of 18 February 1944 1 herewith transmit a survey on the employment of prisoners in the aviation industry.

This survey indicates that at the present time about 36,000 prisoners are employed for the purposes of the Air Force. An increase to a total of 90,000 prisoners is contemplated.

The production is being discussed, established and executed between the Reich Ministry of Aviation and the Chief of my Economic Administrative Main Office, S.S. Obergruppenfuehrer and General of the Waffen S.S. Pohl respectively:

We assist with all the forces at our disposal.

The task of my Economic Administrative Main Office, however, is not completely fulfilled with the delivery of the prisoners to the aviation industry, as S.S.-Obergruppenfuehrer Pohl and his assistants take care of the required working speed through constant control and supervision of the work-groups (Kommandos) and therefore have some influence on the resulting production. In this respect I may suggest consideration of the fact that in enlarging our responsibility through a speeding-up of the total work, better results can definitely be expected.”

I pass now to the last two paragraphs of the letter, which will be found on the next page of the translation:

“The movement of manufacturing plants of the aviation industry to subterranean locations requires further employment of about 100,000 prisoners. The plans for this employment on the basis of your letter of 14 February 1944 are already under way.

I shall keep you, most honoured Reichsmarshal, currently informed on this subject.”

Incidentally, I might call to the Tribunal’s attention the fact that S.S. Obergruppenfuehrer Pohl, who was head of the W.V.H.A., was also a General of the “Waffen S.S.,” which goes to show that there is no manner in which you can characterise functions in the S.S.

The extent to which the number of prisoners was increased through S.S. efforts is illustrated by our Document 1166-PS, which I offered in evidence yesterday as Exhibit USA 458. This document is a report from Office Group D of W.V.H.A., dated the 15th of August, 1944. I shall read the first page of that report, beginning:

“With reference to the above-mentioned telephone call, I am sending herewith a report on the actual number of prisoners for 1 August, 1944 and of the new arrivals already announced, as well as the clothing report for 15 August, 1944.

“1. The actual number on 1 August 1944, consisted of:

(a) Male prisoners 379,167

(b) Female prisoners 45,119

In addition, there are the following new arrivals:

1. From the Hungary programme (anti-Jewish action) – 90,000

2. From Litzmannstadt (Police prison and Ghetto) – 60,000

3. Poles from the Government General – 15,000

4. Convicts from the Eastern Territories – 10,000

5. Former Polish officers – 17,000

6. From Warsaw (Poles) – 400,000

7. Continued arrivals from France, approx. – 15,000 -20,000

Most of the prisoners are already on the way and will be received into the concentration camps within the next few days,”

This intensive drive for manpower to some extent interfered with tne programme which W.V.H.A. had already undertaken to exterminate certain classes of individuals in the camps. I offer a photostatic copy of a letter from W.V.H.A., dated 27th April, 1943, our Document 1933-PS. It is Exhibit USA 459. The letter is addressed to a number of concentration camp commanders, is signed by Gluecks, S.S. Brigade Fuehrer and Major General of the “Waffen S.S.” I read it:

“The Reichsfuehrer-S.S. and Chief of the German Police has decided after consultation, that in the future only mentally sick prisoners may be selected for action 14-F-13 by the medical commissions appointed for this purpose.

All other prisoners incapable of working (tubercular cases, bed- ridden cripples, etc.) are to be basically excepted from this action. Bed-ridden prisoners are to be drafted for suitable work which they can perform in bed.

The order of the Reichsfuehrer S.S. is to be obeyed strictly in future.

Requests for fuel for this purpose are therefore out of the question.”

The action “14-F-13” is not defined in the letter but it is perfectly apparent what it means. Every human being, bedridden, crippled, no matter what his physical condition, from whom any work at all could be extracted, was to be excepted from the action. Only the insane, from whom nothing could be expected, were to suffer the action. What could the action be? It is perfectly apparent. The action was extermination.

The S.S., however, was to some degree enabled to achieve both goals that of increased production and of elimination of undesirables. The Tribunal will recall the agreement between Minister of Justice Thierack and Himmler on 18th September, 1942, our Document 654-PS, which was read in evidence by Mr. Dodd as Exhibit USA 218. I am not going to quote again from that document, but will remind the Tribunal that the agreement provided for the transfer of anti-social elements from the prison to the Reichsfuehrer S.S. for extermination through work.

The conditions under which such persons worked in the camps were well calculated to lead to their death. Those conditions were regulated by the W.V.H.A. As an illustration of W.V.H.A. management, I call the Court’s attention to our Document 2189-PS, which I offer in evidence as Exhibit USA 460. It is an order directed to commandants of concentration camps, dated 11th August, 1942, and bearing the facsimile signature, which does not appear on the translation, but does appear on the original, of S.S. Brigade Fuehrer and General of the Waffen S.S. Gluecks, who was Chief of Office Group D of W.V.H.A. That is Document 2189-PS. I read the body of that letter:

“The Reichsfuehrer S.S. and Chief of the German Police has ordered that punishment by beating will be executed in concentration camps for women by prisoners under supervision, as ordered.

In accordance with this order the Main Office Chief of the Main S.S. Economic Administration Office, S.S.-Obergruppenfuehrer and General of the Waffen S.S. Pohl, has ordered, to be effective immediately, that punishment by beating will also be executed by prisoners in concentration camps for men.

It is forbidden that foreign prisoners should execute the punishment on German prisoners.”

Even after their death, the prisoners did not escape the management of W.V.H.A. I refer the Court to our Document 2199-PS, a letter to commanders of concentration camps, dated 12th September, 1942, and signed by the Chief of the Central Office of Office Group D of W.V.H.A., S.S. Obersturmbannfuehrer Leibehenschel. I offer this as Exhibit USA 461. I shall read the body of that directive, which appears on Page 1 of the translation of 2199-PS. I quote:

“According to a communication of the Chief of the Security Police and the S.D., and conforming to a report of the Chief of Security Police and S.D., in Prague, urns of deceased Czechs and Jews were sent for burial to the home-cemeteries within the Protectorate.

In view of different events (demonstrations, placing posters inimical to the Reich on urns of deceased inmates in the halls of the home town cemeteries, of pilgrimages to the graves of deceased inmates, etc.) within the Protectorates, the delivery of urns with the ashes of deceased nationals of the Protectorate and of Jews is henceforth prohibited. The urns shall be kept within the concentration camps. In case of doubt about keeping the urns oral instructions shall be obtained from this agency.”

The S.S. indeed regarded the inmates of concentration camps as its own personal property to be used for its own economic advantage. The Tribunal will recall that as early as 1942, the defendant Speer recognised that the S.S. was moved by the desire for further profits, when he suggested to Hitler that the S.S. receive a share of the war equipment produced by concentration camp labour, in ratio to the working hours of the prisoners. I refer to our Document R-124, at page 136, which was read into evidence by Mr. Dodd as Exhibit USA 179. The Fuehrer agreed that a 3 to 5 per cent share should satisfy the S.S. commanders. Himmler himself frankly admitted his intention to derive profits for S.S. purposes from the camps, in his mass-speech to the officers of the S.S. Leibstandarte “Adolf Hitler,” our Document 1918, Exhibit USA 364-the passage in question being found at the top of Page 3 of the English translation and on Page 10 of the original German, seven lines from the bottom. The passage begins:

“The apartment-building programme which is the prerequisite for a healthy and social basis of the entire S.S., as well as of the entire Fuehrercorps, can be carried out only when I get the money for it from somewhere. Nobody is going to give me the money. It must be earned, and it will be earned by forcing the scum of mankind, the prisoners, the professional criminals, to do positive work. The man guarding those prisoners serves just as hard as the one on close-order drill. The one who does this and stands near these utterly negative people, will learn within three to four months, and we shall see: in peacetime, I shall form guard battalions and put them on duty for three months only to fight the inferior beings, and this will not be a boring guard duty, but if the officers handle it right, it will be the best indoctrination on inferior beings and inferior races.

This activity is necessary, as I said: (i) to eliminate these negative people from German people; (2) to exploit them once more for the great folk community, by having them break stones and bake bricks, so that the Fuehrer can again erect his grand buildings ; and (3) in turn to invest the money, earned soberly this way, in houses, in land, in settlements, so that our men can have houses in which to raise large families, and have lots of children. This in turn is necessary because we stand or die with this leading blood of Germany, and if the good blood is not reproduced, we will not be able to rule the world.”

One final aspect of S.S. control over concentration camps remains to be mentioned. That is its direction of the programme of biological experiments on human beings, which was carried on in the camps. Just a few days ago, another military tribunal passed judgment on some of those who participated in the experiments at Dachau.

THE PRESIDENT: There is no date on that document you just read, is there?

MAJOR FARR: There appears to be no date on the English translation. The original document bears the notation of a speech in April, 1943.

At a later stage in this case, evidence of some of the details of this programme of experiments will be presented. It is not my purpose to deal with those experiments from the substantive aspect. I shall show only that they were the result of S.S. direction, and that the S.S. played a vital part in their successful execution.

The programme seems to have originated in a request by a Dr. Signiund Rascher to Himmler, for permission to utilise persons in concentration camps as material for experiments with human beings, in connection with some research he was conducting on behalf of the Luftwaffe. I refer to our Document 1602-PS, a photostatic copy of a letter, dated 15th. May, 1941, addressed to the Reichsfuehrer S.S., and signed “S. Rascher. ” I offer it as Exhibit USA 454. I shall quote from the second paragraph of the translation, the fourth paragraph of the original letter. I quote:

“For the time being I have been assigned to the Luftgaukommando VII, Munich, for a medical course. During this course, where researches on high-altitude flights play a prominent part (determined by the somewhat higher ceiling of the English fighter planes) considerable regret was expressed at the fact that no tests with human material had yet been possible for us, as such experiments are very dangerous and nobody volunteers for them. I put, therefore, the serious question: can you make available two or three professional criminals for these experiments? The experiments are made at ‘Bodenstaendige Phuestelle fuer Hoehenforschung der Luftwaffe, Munich.’ The experiments, in which the subjects may, of course, die, would take place with my co- operation. They are essential for researches on high-altitude flight and cannot be carried out, as has been tried, with monkeys, who offer entirely different test-conditions. I have had a very confidential talk with a representative of the Air Force, Burgeon, who makes these experiments. He is also of the opinion that the problem in question could only be solved by experiments on human persons. (Feebleminded could also be used as test material).”

Dr. Rascher promptly received assurance from the S.S. that he would be allowed to utilise concentration camp inmates for his experiments.

I refer to our Document 1582-PS, a letter dated the 22nd of May, 1941, addressed to Dr. Rascher, and bearing the stamp of the Personal Staff of the Reichsfuehrer S.S., and the initials, “K Br,” which initials are those of S.S. Sturmbannfuehrer Karl Brandt. I offer this letter as Exhibit USA 462.

“Dear Dr. Rascher:

Shortly before flying to Oslo, the Reichsfuehrer S.S. gave me your letter of 15 May 1941, for partial reply.

I can inform you that prisoners will of course be readily made available for the high-flight researches. I have informed the Chief of the Security Police of this agreement of the Reichsfuehrer S.S., and requested that the competent official be instructed to get in touch with you.”

The altitude experiments were conducted by Rascher, and in May 1942, General Field Marshal Milch, on behalf of the Luftwaffe, expressed his thanks to the S.S. for the assistance it furnished in connection with the experiments.

I refer to our Document 343-PS, and I offer in evidence an original letter, dated the 20th of May, 1942, addressed to S.S. Obergruppenfuehrer Wolff, and signed E. Milch, as exhibit USA 463. That letter, which appears on Page 2 of the translation, and on Page 1 of the original German, is as follows:

Dear Wolff – (the German says, ‘Liebes Woelffchen’) –

In reference to your telegram of 12 May, our sanitary inspector reports to me that the altitude experiments carried out by the S.S. and Air Force at Dachau have been finished. Any continuation of these experiments seems materially unjustifiable. However, the carrying out of experiments of some other kind, in regard to perils on the high seas, would be important. These have been prepared in immediate agreement with the proper offices ; Major (MC) Weltz will be charged with the execution and Capt. (M.C.) Rascher will be made available until further orders in addition to his duties within the Medical Corps of the Air Corps. A change of these measures does not appear necessary, and an enlargement of the task is not considered pressing at this time.

The low-pressure chamber would not be needed for these low temperature experiments. It is urgently needed at another place and therefore can no longer remain in Dachau.

I convey the special thanks from the Supreme Commander of the Air Corps to the S.S. for their extensive co-operation.

I remain with best wishes for you in good comradeship and with Heil Hitler!

Always yours

E. Milch.”

THE PRESIDENT: Major Farr, had you not better read the letter on the preceding page? It may be capable of an explanation.

MAJOR FARR: The letter on the preceding page, dated the 31st of August, 1942, is also from General Field Marshal Milch, and is addressed to the Reichsfuehrer S.S. It reads as follows:

“Dear Himmler:

I thank you very much for your letter of the 25th of August. I have read with great interest the reports of Dr. Rascher and Dr. Romberg. I have been informed about the current experiments. I shall ask the two gentlemen to give a lecture, combined with the showing of motion pictures, to my men in the near future. Hoping that it will be possible for me to see you on the occasion of my next visit to Headquarters, I remain with best regards and

Heil Hitler!

Yours

E. Milch.”

Having finished his high altitude experiments, Dr. Rascher proceeded to experiments with methods of re-warming persons who had been subjected toextremecold. I refer to our Document 1618-PS, which is an intermediate report on intense chilling experiments which had been started in Dachau on the 15th of August, 1942. That report, signed by Dr. Rascher, I offer in evidence as Exhibit USA 464. I shall read only a few sentences from the report, beginning with the first paragraph:

“Experimental procedure.

Persons subjected to experiments were placed in the water, dressed in complete flying uniform, winter or summer combination, and with an aviator’s helmet. A life jacket made of rubber or kapok was to prevent submerging. The experiments were carried out at water temperatures varying from 2.5 degrees to 12 degrees. In one experimental series, occiput and brain stem were above the water, while in another series of experiments, the neck (brain stem) and the back of the head were submerged in the water.

Electrical measurement gave low temperature readings of 26.4 degrees in the stomach and 26.5 degrees in the rectum. Fatal casualties occurred only when the brain stem and the back of the head were also chilled. Autopsies of such fatal cases always revealed large amounts of free blood, up to one-half litre, in the cranial cavity. The heart regularly showed extreme dilation of the right chamber. As soon as the temperature in these experiments reached 28 degrees, the experimental subjects died invariably, despite all reviving attempts.”

I pass now to the last paragraph of the report. I quote:

“During attempts to save severely chilled persons, it was evident that rapid re-warming was in all cases preferable to slow re-warming, because after removal from the cold water, the body temperature continued to sink rapidly. I think that, for this reason, we can dispense with the attempt to save intensely chilled subjects by means of animal warmth.

Re-warming by animal warmth – animal bodies or women’s bodies – would be too slow.”

Although Rascher was thus of the preliminary opinion that re-warming by women’s bodies would be too slow, means for conducting such experi ments were nevertheless placed at his disposal. I refer to our Document 1583-PS, a photostatic copy of a letter from Reichsfuehrer S.S. Himmler, addressed to Lieutenant General Pohl, dated the 16th of November, 1942. I offer it as Exhibit USA 465. I shall read just the first two paragraphs of that letter:

“Dear Pohl:

The following struck me during my visit to Dachau on the 13th of November 1942, regarding the experiments conducted there for the saving of people whose lives are endangered through exposure in ice, snow or water, and who are to be saved by the employment of every method or means.

I had ordered that suitable women are to be set aside from the concentration camp for these experiments for the warming of those who were exposed. Four girls were set aside who were in the concentration camp for loose morals, and because as prostitutes they were a potential source of infection.”

I think it is unnecessary for me to go on with the rest of the paragraph, in which he expresses his dissatisfaction that a German prostitute should be used for this purpose.

To insure the continuance of Rascher’s experiments, Himmler arranged for his transfer to the “Waffen S.S.” I offer in evidence a letter which appears as our Document 16I7-PS. It is a letter from Reichsfuehrer S.S. addressed to “Dear Comrade Milch ” – General Field Marshal Milch – dated November, 1942. I offer it as Exhibit USA 466. I will now read the first paragraphs of that letter, our Document 16I7- PS. I quote:

Dear Comrade Milch:

You will recall that through General Wolff I particularly recommended to you for your consideration the work of a certain S.S. Fuehrer, Dr. Rascher, who is a physician of the Air Force Reserve.

These researches which deal with the reaction of the human organism at great heights, as well as with symptoms caused by prolonged cooling of the human body in cold water, and similar problems which are of vital importance to the Air Force in particular, can be performed by us with particular efficiency because I personally assumed the responsibility for supplying asocial elements and criminals who only deserve to die, from concentration camps, for these experiments.”

I shall omit the next four paragraphs, in which Himmler reflects upon the difficulties of conducting such experiments, because Christian medical circles were opposed, and pass on to the last paragraph on the first page of the translation. That is the seventh paragraph of the letter:

“I beg you to release Dr. Rascher, Stabsarzt in reserve, from the Air Force and to transfer him to me to the ‘Waffen S.S.’ I would then assume the sole responsibility for having these experiments made in this field, and would put the results, of which we in the S.S. need only a part for the first injuries in the East, entirely at the disposal of the Air Force. However, in this connection, I suggest that with the liaison between you and Wolff a non-Christian physician should be charged, who should be at the same time honourable as a scientist and not prone to intellectual thrift and who could be informed of the results. This physician should also have good contacts with the administrative authorities, so that the results would really attract attention.

I believe that this solution to transfer Dr. Rascher to the S.S., so that he could carry out the experiments under my responsibility and under my orders, is the best way. The experiments would not be stopped; we owe that to our men. If Dr. Rascher remained with the Air Force, there would certainly be much annoyance, because then I would have to bring a series of unpleasant details to you, because of the arrogance and presumption which Professor Dr. Holzloehner has displayed in his position at Dachau, where, although under my command, he made remarks about me to S.S. Colonel Sievers. In order to save both of us this trouble, I suggest again that Dr. Rascher should be transferred to the Waffen S.S. as quickly as possible.”

THE PRESIDENT: Is that letter from Himmler?

MAJOR FARR: That letter is from Himmler.

Now Rascher’s experiments were by no means the only experiments in which the S.S. was interested. Without attempting even to outline the whole extent of the experimental programme, I shall give just one further illustration of this type of S.S. activity. I refer to our Document L-103, which is a report prepared by the Chief Hygienist in the Office of the Reich Surgeon of the S.S. and Police, dated 12th September, 1944. I offer it as Exhibit USA 467. (Parenthetically I might note that the office of the Reich Surgeon S.S. and Police will be found in the personal staff department, as indicated by the second box on the right-hand side of the line leading down from the personal staff.)

I shall read a few paragraphs from this report, which is a report prepared by the Chief Hygienist in the office of the Reich Surgeon of S.S. and Police, and signed S.S. Oberfuehrer Dr. Murgowsky. It relates to experiments with poison bullets. Beginning with the first paragraph, I quote:

“On 11th September, 1944, in the presence of S.S. Sturmbannfuehrer Dr. Ding, Dr. Widmann and the undersigned, experiments with Conotine-nitrate bullets were carried out on five persons who had been sentenced to death. The calibre of the bullets used was 7.65 millimetres, and they were filled with poison in crystal form. Each subject of the experiment received one shot in the upper part of the left thigh, while in a horizontal position. In the case of two persons, the bullets passed clean through the upper part of the thigh. Even later no effect from the poison could be seen. These two subjects were therefore rejected.”

I omit the next few sentences and proceed beginning with paragraph 2 of the report:

“The symptoms shown by the three condemned persons were surprisingly the same. At first, nothing special was noticeable. After 20 to 25 minutes, a disturbance of the motor nerves and a light flow of saliva began, but both stopped again. After 40 to 44 minutes, a strong flow of saliva appeared. The poisoned persons swallowed frequently, later the flow of saliva was so strong that it could no longer be controlled by swallowing. Foamy saliva flowed from the mouth. Then a sensation of choking, and vomiting started.”

The next three paragraphs describe in coldly scientific fashion the reactions of the dying persons. The description then continues – and I want to quote the two paragraphs before the conclusion. It is the last paragraph on Page 1 of the translation, the sixth paragraph of the report:

“At the same time there was acute nausea. One of the poisoned persons tried in vain to vomit. In order to succeed he put four fingers of his hand, up to the main joint, right into his mouth. In spite of this, no vomiting occurred. His face became quite red.

The faces of the other two subjects had already become pale at an early stage. Other symptoms were the same. Later on the disturbances of the motor nerves increased so much that the persons threw themselves up and down and rolled their eyes and made aimless movements with their hands and arms. At last the disturbance subsided, the pupils were enlarged to the maximum, the condemned lay still. Massetercramp and loss of urine were observed in one of them. Death occurred 121, 123 and 129 minutes after they were shot.”

The fact that S.S. doctors engaged in such experiments was no accident. It was consistent with an ideology and racial philosophy which, to use Himmler’s words, regarded human beings as lice and offal. But the most important factor was that the S.S. alone was in a position to supply necessary human material. It did supply such material through W.V.H.A. I refer to our Document 1751-PS, which is a letter from the Chief of Office Group D of W.V.H.A, dated 12th May, 1944. I offer it as Exhibit USA 468, I quote that letter. It appears in the original file on the last page.

“There is cause to call attention to the fact that in every case permission for assignment has to be requested before assignment of prisoners is made for experimental purposes.

To be included in this request are number, kind of custody, and in case of Aryan prisoners, exact personal data, file number in the Reich Security Main Office and the reason for detention in the concentration camp.

Herewith, I explicitly forbid assignment of prisoners for experimental purposes without permission.”

The translation says that the signature is illegible, but I think it appears from the original that it is the signature of Gluecks, since he was the department chief of Department D of W.V.H.A It was on the basis of being able to supply such material that the Reich Ministry of Finance was prepared to subsidise the S.S. experimental programme. I offer in evidence a series of letters between the Ministry of Finance, the Reich Research Department and the Reich Surgeon of the S.S. and Police. They are our Document 002-PS, which I offer in evidence as Exhibit USA 469. The first letter from which 1 quote appears on Page 4 of our Document 002-PS, and is from the Head of the Security Council of the Reich Research Department, addressed to the Surgeon of S.S. and Police. It is dated 19th February, 1943. I read the first three paragraphs of that letter:

“The Reich Minister of Finance told me that you requested 53 leading positions for your office, partly for a new research institute.

After the Reichsmarschall of the Greater German Reich had, as President of the Reich Research Department, himself taken charge of all German research, he issued directives, among other things, that in the execution of important military scientific tasks, the available institutions, including equipment and personnel, should be utilised to the utmost, for reasons of necessary economy of resources.

The foundation of new institutes comes therefore in question only in as far as there are no outstanding institutes available for the furtherance of important war research tasks.”

I omit the rest of the letter.

To this letter the Reich Surgeon of the S.S. and Police replied on the 26th February, 1943. The reply will be found on Page z of the English translation. It is a letter from the Reich Surgeon S.S. and Police to the Head of the Security Council of the Reich Research Department, dated 26th February, 1943. I quote the first three paragraphs of that letter. It begins:

“In acknowledgment of your letter of the 19th February, 1943, I am able to reply today as follows:

The suggested creation of 53 key positions in my department which you made the basis of your memorandum is a veritable peace-time set-up.

The special institutes of the S.S. which were to have a part of these positions would have to serve the purpose of establishing and making accessible for the entire realm of scientific research possibilities of research only open to the S.S.”

Omitting the next two paragraphs, I continue:

“I will gladly be at your disposal at any time to discuss the particular research aims in connection with the S.S., which I would like to bring up upon the direction of the Reichsfuehrer S.S.”

An interview between the Reich Surgeon and Mentzel, the author of the original letter, took place, and on 25th March, 1943, Mentzel wrote a letter to the Reich Minister of Finance, which is found on Page 1 of the translation. It is a letter from the President of the Reich Research Department, Head of the Security Council to the Reich Minister of Finance, dated 25th March, 1943. The letter begins:

“In regard to your letter of 19th December ” – and then follow the serial numbers of the letter – to which I gave you a. preliminary answer on 19th February, I finally take the following position:

The Reich Surgeon S.S. and Police in a recent conversation with me maintained that the establishment demands made by him basically affect the purely military sector of the Waffen S.S. As these demands have to some extent been made in order to enlarge the scope of scientific research work, they exclusively refer to such matters as can only be carried out with the material at the disposal of the Waffen S. S. (prisoners) and therefore cannot be handled by any other research office. I cannot therefore, on behalf of the Reich Research Council, object to the establishment demands of the Reich Surgeon S.S. and Police.”

The letter is signed, “Mentzel, Bureau Chief.”

Thus it was because the S.S. was in a position to supply material for the programme of experiments that it took the lead in that field of endeavour.

THE PRESIDENT: Does the letter on Page 4 mean that the defendant Goering was president of the Reich Research Department ?

MAJOR FARR: Page 4 of the translation? Yes, that I understand is the case, the point of the letter being that Goering had laid down the rule that during the war there was to be no duplication of experimental facilities. Therefore, the Reich Research Department to which the Minister of Finance had turned for an opinion, asked the Reich Surgeon, “Why do you want to carry out this programme of experiments?”

THE PRESIDENT: I was only asking whether the President of the Reich Research Department was the defendant Goering?

MAJOR FARR: That is what is stated in the letter. I understand that to be the case.

THE PRESIDENT: Then what do the words, “President of the Reich Research Department“ on Page 1 mean? Does that mean that the letter went to the defendant Goering?

MAJOR FARR: No. The letterhead bears the notation “President of the Reich Research Department,” and the letter proceeds from an office of that department, Head of the Security Council. The letter was addressed to the Reich Minister of Finance.

THE PRESIDENT: I see.

MAJOR FARR: I have concluded the concentration camp phase.

THE PRESIDENT: We will recess now for ten minutes.

(A recess was taken.)

THE PRESIDENT: It will perhaps be convenient that I should announce that the Tribunal will adjourn today at four o’clock.

MAJOR FARR: Through its activities with respect to concentration camps, the S.S. performed part of its mission to safeguard the security of the Nazi regime. But another specialised aspect of that mission must not be forgotten. The Tribunal will recall Himmler’s definition of that task – a definition I referred to earlier – the prevention of a Jewish-Bolshevist revolution of subhumans. In plain words, participation in the Nazi programme of Jewish persecution and extermination.

It would be idle for me to refer again at any length to the evidence relating to that programme which the Tribunal heard a day or so ago from Major Walsh. I want to call attention to just a few documents showing how the programme involved every branch and component of the S.S.

The racial philosophy of the S.S., which I dealt with at the very outset, made that organisation a natural agency for the execution of all types of anti-Semitic measures. The S.S. position on the Jewish question was publicly stated in the S.S. newspaper “Das Schwarze Corps” the issue of 8th August, 1940, by its editor, Gunter d’Alquen, in an article which has already been read into evidence as Exhibit USA 269. It is our Document 2668-PS. I shall not repeat that quotation, in which d’Alquen says that the Jewish question will not be solved until the Last Jew has been deported, and that the German peace which awaits Europe must be a peace without Jews.

The attempted solution of the Jewish question through the “spontaneous” demonstrations in Germany following the murder of von Rath in November, 1938, has been presented to the Tribunal. In those demonstrations all branches of the S.S. were called on to play a part. I refer to the teletype message from S.S. Gruppenfuehrer Heydrich, Chief of the Security Police and S.D., issued on 10th November, 1938. It is our Document 3051-PS. Portions of that teletype have already been read into evidence as Exhibit USA 240. I wish to read one further paragraph, which has not been read. It appears on Page 2 of the translation, the fourth paragraph.

“The direction of the measures of the Security Police concerning the demonstrations against Jews is vested with the organs of the State Police (by which he means the Gestapo) inasmuch as the inspectors of the Security Police are not issuing their own orders. In order to carry out the measures of the Security Police, officials of the Criminal Police, as well as members of the S.D., of the Verfuegungstruppe and the Allgemeine S.S. may be used.”

With the outbreak of the war and the march of Nazi armies over Europe, the S.S. participated in solving the Jewish question in other countries in Europe. The solution was nothing short of extermination. To a large degree these wholesale murders were disguised under the name of “anti-partisan ” or “anti-guerilla ” actions, and as such included as victims not merely Jews but Soviets, Poles and other Eastern peoples. With this antipartisan activity I shall deal in a few moments.

I want to refer now to a few actions confined essentially to Jews. To take one example – the mass annihilation of Jews in gas vans – described in our Document 501-PS, which was read into the record by Major Walsh as Exhibit USA 288. I simply want to point out that these gas vans, as appears from the letters, were operated by the Security Police and S.D. under the direction of R.S.H.A. Or to take another example – the report entitled “Solution of the Jewish Question in Galicia,” our Document L-18, prepared by S.S. Gruppenfuehrer and Lt.- General of the Police Katzmann and rendered to S.S. Obergruppenfuehrer and General of the Police Krueger – that report has already been received in evidence as Exhibit USA 277. The Tribunal will recall that the solution, which consisted in the evacuation and extermination of all the Jews in Galicia, and the confiscation of their property, was carried out under the energetic direction of the S.S. and Police Leaders, with the assistance of S.S. Police Units. I wish to read three short items in the report, which has not yet been read. The first is a text under a photograph which appears on Page 3 of the translation and on Page 3 (a) of the original report. It is the first item on Page 3 of the translation. I quote:

“Great was the joy of the S.S. men when the Reichsfuehrer S.S. in person, in 1942 visited some camps along the Rollbahn.”

The second is a balance sheet, which appears on Page 11 of the translation and Page 17 of the report. I read item 3 on the balance sheet:

“3. Amount paid over to the S.S. cashier:

a. Camps – .6,867,251,00 zlotys

b. W& R Factories – 6,556,513,69 zlotys

Total – 13,423,764,69 zlotys

Further payments to the S.S. cashier are effected every month.”

The third item I desire to read is the last two paragraphs of the report found on Page 20 of the translation and on Page 64 of the original document. I read the last two paragraphs of the report:

“Despite the extraordinary burden heaped upon every single S.S. Police Officer during these actions, the mood and spirit of the men were extraordinarily good and praiseworthy from the first to the last day.

Thanks only to the sense of duty of every single leader and man have we succeeded in getting rid of this plague in so short a time.”

The final example of S.S. participation in Jewish extermination to which I shall call the Tribunal’s attention is the infamous report by S.S. Brigadefuehrer and Major-General of the Police, Stroop, on the destruction of the Warsaw Ghetto, our Document 1061-PS. That report was introduced in evidence by Major Walsh as Exhibit USA 275, and the Tribunal indicated that it would take the whole report in evidence without the necessity of reading it in full. I shall not, therefore, read any further passages, but I do want to point out specifically two sections dealing with the constitution of the forces which participated in that fearful action. On Page 1 of the translation is a table of the units used.

THE PRESIDENT: Is it here ?

MAJOR FARR: Our Document 1061-PS. I am just going to call your attention to the table of units which were employed in this action, indicating the average number of officers and men from each unit employed per day. It will be observed that among the units involved were the staff of the S.S. and Police Leader, two battalions of the “Waffen S.S.,” two battalions of the 22nd S.S. Police Regiment, and members of the Security Police. The part played by the “Waffen S.S.” came in for high praise from the writer of the report. The Tribunal will recall the passage which was read by Major Walsh in which reference was made to the toughness of the men of the “Waffen S.S.,” the Police and the Wehrmacht, and in which the writer said that “considering that the greater part of the men of the Waffen S.S. had been trained for only three or four weeks before being assigned to this action, high credit should be given for the pluck, courage, and devotion which they showed.”

The Tribunal has already heard Himmler’s proud boast of the part that the S.S. played in the extermination of the Jews. It occurs in his Posen Speech, our Document 1919-PS, and was read into the record in the presentation of the case dealing with concentration camps. The passage to which I refer appears on about the middle of Page 4 of the translation and on Page 65 of the original. Since that passage has already been read, it is unnecessary for me to quote it again ; but I do want the Tribunal to note that Himmler stated that only the S.S. could have carried out this extermination programme of the Jews, and that its participation in that programme was a page of glory in its history which could never be fully appreciated.

I now turn to the manner in which the S.S. fitted into the aggressive war programme of the conspirators, and, also, its responsibility for the Crimes Against Peace which were alleged in the Indictment. From its very beginning, it made prime contributions to the conspirators’ aggressive war aims.

First, it served as one of the para-military organisations under which the conspirators disguised their building up of an army in violation of the Versailles Treaty. Second, through affiliated S.S. organisations in other countries and through some of the departments in its own Supreme Command, it fostered Fifth Column movements outside Germany and prepared the way for aggression. Third, through its militarised units, it participated in aggressive actions which eventually were carried out.

The Tribunal has just heard the evidence against the S.A., which demonstrated that from 1933 to 1938 they were militarised and were in fact nothing but a camouflaged army. Some of that evidence related to the S.S. as well. The paramilitary character of the “Allgemeine S.S.” is apparent. I have already described the military character of its structure, the military discipline required of its members, and the steps it took to enlist in its ranks young men of military age. In addition to this volunteer army, the S.S. created as early as 1933 fully armed professional units. These were the “S.S. Verfuegungstruppe” and the Death Head Units with which I dealt yesterday.

While building up the S.S. as a military force within Germany, the conspirators also utilised it in other countries to lay the groundwork for aggression. The evidence presented by Mr. Alderman of the preparations for the seizure of Austria showed the part played by the S.S. Standarte 89 in the murder of Dollfuss, and described the memorial plaque which was erected in Nuremberg as a tribute to the S.S. men who participated in that murder. I refer to Exhibits USA 59 and 60, our Documents L-273 and 2968-PS, which were introduced by Mr. Alderman. The Tribunal will recall the subsequent story of the events of the night of 11th March, 1938, when the S.S. marched into Vienna and occupied all government buildings and important posts in the city – a story unfolded in Exhibit USA 61, our Document 212-PS, the report of Gauleiter Rainer to Reich Commissioner Buerckel (which was read in evidence by Mr. Alderman), and in our Document 2949-PS, Exhibit USA 76, the record of the telephone conversation between the defendant Goering and Dambrowski, which appears on Page 451 of the transcript of the record.

The same pattern was repeated in Czechoslovakia. Henlein’s Free Corps played in that country the part of Fifth Column which the Austrian S.S. had played in Austria, and it was rewarded by being placed under the jurisdiction of the Reichsfuehrer S.S., in September, 1938. I refer to our Document 388-PS, which was read in evidence by Mr. Alderman as Exhibit USA 26. The items touched are 37 and 38 of the so- called Schmundt file. Moreover, as shown by item 26 of that file, which Mr. Alderman read into the record, the S.S. had its own armed units – four battalions of the “Totenkopf Verbaende ” – actually operating in Czechoslovakia before the Munich Pact was signed. S.S. preparations for aggression in Czechoslovakia were not confined to military forces. One of the departments of the S.S. Supreme Command – the “Volksdeutsche Mittelstelle” – which is represented on the chart by the third box from the top at the extreme right – was a centre for Fifth Column activity. The Tribunal may recall the secret meeting between Hitler and Henlein in March, 1938, described in notes of the German Foreign Office, Exhibit USA 95, at which the line to be followed by the Sudeten German Party was determined. The “Volksdeutsche Mittelstelle” was represented at that meeting by Professor Haushofer and S.S. Obergruppenfuehrer Lorenz. And when the Foreign Office, in August, 1938, awarded further subsidies to Henlein’s Sudeten Party, the memorandum of that recommendation for further subsidies contained the significant footnote “Volksdeutsche Mittelstelle will be informed.” I refer to Exhibit USA 96, our Document 3059, which was read into the record by Mr. Alderman, at Pages 631 and 632 of the record.

When at last the time came to strike, the S.S. was ready. I quote from the National Socialist Yearbook for 1940, our Document 2164-PS, Exhibit USA 255, on Page 1, paragraph 2, of the translation ; Page 365 of the original, paragraph 3:

“When the march into the liberated provinces of the Sudetenland began, on that memorable 1st October, 1938, the emergency forces (Verfuegungstruppe) as well as the Death Head Units (Totenkopf Verbaende) were with those in the lead.”

I omit the remainder of the paragraph and continue with the next paragraph:

“The 15th March, 1939, brought a similar utilisation of the S.S. when it served to establish order in the collapsing Czechoslovakia. This action ended with the founding of the Protectorate Bohemia-Moravia.

Only a week later, on 29th March, 1939, Memel also returned to the Reich upon the basis of an agreement with Lithuania. Again it was the S.S., here particularly the East-Prussian S.S., which played a prominent part in the liberation of this Province.”

In the final act in setting off the war – the attack on Poland in September, 1939 – the S.S. acted as a sort of stage manager. The Tribunal will recall the oral testimony of Erwin Lahousen with relation to the simulated attack on the radio station at Gleiwitz, by Germans dressed in Polish uniforms – what Lahousen referred to as one of the most mysterious things which uniforms and equipment together, he said at Page 620 of the transcript:

“These articles of equipment had to be prepared, and one day some man from the S.S. or the S.D. (the name is on the official diary of the War Department) fetched them.”

The war broke out and the “Waffen S.S.” again took its place in the van of the attacking forces.

During the war great use was made of the peculiar qualities possessed by the S.S., qualities not only of its combat forces but of its other components as well. 1 turn now to a consideration of some of the tasks in which the S.S. was engaged during the war – tasks which embraced the commission of War Crimes and Crimes Against Humanity described in the Indictment.

The Tribunal has already received in evidence a directive, our Document 447-PS, as Exhibit USA 135. It is a directive issued by the defendant Keitel, on 13th March, 1941, covering some of the preparations made three months in advance for the attack on Russia. Paragraph 2b of that directive, which was read into the record, provided that in the area of operations the Reichsfuehrer S.S. was entrusted with special tasks for the preparation of the political administration, tasks which would result from the struggle about to commence between two opposing political systems.

One of the steps taken by the Reichsfuehrer S.S. to carry out those “special tasks” was the formation and use of so-called “anti-partisan” units. They were discussed by Himmler in his Posen Speech, our Document 1919-PS, at Page 3 of the translation, paragraph 5, Page 57 of the original, last paragraph. I read those two paragraphs in which he discusses the anti-partisan units:

“In the meantime, I have also set up the Chief of the anti-partisan units. Our comrade S.S. Obergruppenfuehrer von dem Bach is Chief of the anti-partisan units. I considered it necessary for the Reichsfuehrer S.S. to be in authoritative command in all these battles, for I am convinced that we are in the best position to take action against this enemy struggle, which is decidedly a political one. Except where units, which had been supplied, and which we had formed for this purpose, were taken from us to fill in gaps at the front, we have been very successful.

It is notable that by setting up this department, we have gained for the S.S. in turn, a division, a corps, an army, and the next step – which is the High Command of an army or area of a group – if you wish to call it that.”

What the S.S. did with its divisions, corps and army out of which the anti-partisan units were formed, is illustrated in the reports rendered as to the activities of such units. I offer in evidence activity and situation report No. 6 of the Task Forces of the Security Police and S.D. in the U.S.S.R., covering the period from the 1st tothe 31st October, 1941. It is our Document R-102, and will be found in Volume 2 of the document book. It is Exhibit USA 470. The report shows that so-called “anti-partisan” activity was actually nothing but a name for extermination of persons believed politically undesirable and of Jews. The report is a very carefully organised and detailed description of such extermination. Section I describes the stations of the various Task Forces involved, Section II their activities. The latter section is divided into parts, each dealing with a different geographical region – the Baltic area, White Ruthenia, and the Ukraine.

Under each area the report of activities is classified under three headings:

(a) Partisan activity and counteraction;

(b) arrests and execution of Communists and officials; and

(c) Jews. I shall read only a few typical paragraphs, selected almost at random.

First, to show the units involved, I quote the second and third paragraphs of Page 4 of the translation and this also appears on Page 1 of the original:

“The present stations are:

Task Force A: since 7th October, 1941, Krasnogwardeisk.

Task Force B: continues in Smolensk.

Task Force C: since 27th September, 1941, in Kiev.

Task Force D: since 27th September, 1941, in Nikilaiev.

The action and Special Commandos (Einsatz-und-Sonderkommandos) which are attached to the Task Force continue on the march with the advancing troops to the sectors which have been assigned to them.”

I shall now read from the section headed “Baltic area” and subsection labelled Jews”, beginning with the first paragraph on Page 5 of the translation, Page 8 of the original, second paragraph.

“The male Jews over 16 were executed, with the exception of doctors and the elders. At the present time this action is still in progress. After completion of this action there will remain Only 500 Jewesses and children in the Eastern territory.”

I pass now to the section headed “White Ruthenia,” the subsection headed, “Partisan activity and counteraction.” The paragraph I shall read begins on Page 6, paragraph 5 of the translation, found on Page 11, paragraph 1 of the original. I quote:

“In Wultschina 8 juveniles were arrested as partisans and shot. They were inmates of a children’s home. They had collected weapons which they hid in the woods. Upon search the following were found: 3 heavy machine guns, 15 rifles, several thousand rounds of ammunition, several hand grenades, and several packages of poison gas Ebrit.

Arrests and executions of Communists, Officials and Criminals.

A further large part of the activity of the Security Police was devoted to the combating of Communists and criminals. A special Commando in the period covered by this report executed 63 officials, N.K.V.D. agents and agitators.”

The subsection on arrests and executions of Communists, officials and criminals in White Ruthenia, ends as follows, and I read from Page 6 of the translation, paragraph 14, Page 12 of the original, paragraph 5:

“The liquidations for the period covered by this report have reached a total of 37,180 persons.”

The final item I shall quote is from the section headed ” Ukraine,” under the subsection “Jews.” It will be found on Page 8 of the translation, paragraph io, Page 18 of the original, next to the last paragraph:

“In Zhitomir 3,145 Jews had to be shot, because from experience they have to be regarded as bearers of Bolshevik propaganda and saboteurs.”

This report, the Tribunal will recall, deals with the activities of four Task Forces – A, B, C and D. The more detailed report of Task Force A up to 15th October, 1941, is our Document L-180. It has already been introduced in evidence as Exhibit USA 276 and some paragraphs were read from it. It will be referred to again in the case against the Gestapo. I desire to read only two paragraphs which show the great variety of S.S. components in such a task force.

I might point out to the Court that this elaborately bound report (Major Farr here handed in Document L-180) which the Court has already seen, has a sort of pocket-part supplement, in which appears a break down of the personnel engaged in this action, in graphic form. I shall read the component parts which appear on this chart in a moment. First, I will quote from Page 5 of the translation, fourth paragraph:

THE PRESIDENT: Does that book you just put in refer to the extermination of the Jews in Galicia ?

MAJOR FARR: This is the report of Action Group A, an anti-partisan task force which operated in the Baltic States in 1941.

THE PRESIDENT: It is not L-180 ?

MAJOR FARR: It is L-180.

The passage I will read appears on Page 5 of the translation, paragraph 4, and on Page 12 of the original, first paragraph, I quote:

“This description of the over-all situation showed and shows that the members of the Gestapo (the Secret State Police), Kripo (that is the Criminal Police) and the S.B. (Security Service) who are attached to the Action Group, are active mainly in Lithuania, Latvia, Esthonia, White Ruthenia and, to a smaller part, in front of Leningrad. It shows further that the forces of the uniformed police and the Waffen S.S. are active mainly in front of Leningrad, in order to take measures against the returning population, and this under their own officers. This is so much easier because the task forces in Lithuania, Latvia and Esthonia have at their disposal native police units, as described in enclosure 1, and because so far 150 Latvian reinforcements have been sent to White Ruthenia.

The distribution of the leaders of Security Police and S.D. during the individual phases can be gathered from enclosure 2, the advance and activities of the task force Group and the various task forces from enclosure 3. It should be mentioned that the leaders of the armed S.S. and of the uniformed police, who are on the reserve, have declared their wish to stay with the Security Police and the S.D.”

I quote now from enclosure 1a, which was referred to, showing the constitution of the force. This will be found on Page 14 of the translation. It was the graphic chart which I showed the Court a few moments ago, the translation having simply the break down of the components. I quote:

“Total Strength of Task

Force Group A:

Total – 990

Waffen S.S…………………….340……..34.4%

Motor-bicycle Riders…….172……..17.4%

Administration……………….18……….1.8%

Security Service (S.D.)…….35……….3.5%

Criminal Police (Kripo)…..41……….4.1%

State Police (Gestapo)……..89……….9.0%

Auxiliary Police……………….87……….8.8%

Order Police…………………..133……..13.4%

Female Employees………….13……….1.3%

Interpreters……………………..51……….5.1%

Teleprinter Operators……….3………..0.3%

Wireless Operators……………8………..0.8%

The Tribunal will observe that in that list there appears the Waffen S.S., the S.D., Criminal Police, the Gestapo and the Order Police, all of which were part of the S.S. or under S.S. jurisdiction.

One final report of anti-partisan activity may be referred to. It is a report from the General Commissar for White Ruthenia to the Reich Minister for Occupied Eastern territories. It is our Document R-135, which I think is in the Document Book under 1475-PS, two document numbers have been combined. I think you will find it under 1475. That document was introduced into evidence by Major Walsh as Exhibit USA 289 and he read into the record the letter from the Reich Commissar of the Eastern territories, transmitting the report in question. The letter he read appears on Page 1 of the translation. I desire to read a paragraph or two from the report itself, which is found on Page 3 of the translation. It deals with the results of the police operation “Cottbus.” I quote the first paragraph:

“S.S. Brigadefuehrer, Major General of Police von Gottberg reports that the operation ‘Cottbus ‘ had the following result during the period mentioned:

Enemy dead – 4,500

Dead suspected of belonging to bands – 5,000

German dead – 59”

I think it is unnecessary to continue further with the list. I skip to the fourth paragraph of the report:

“The figures mentioned above indicate that again a heavy destruction of the population must be expected. If only 492 rifles are taken from 4,500 enemy dead, this discrepancy shows that among these enemy dead were numerous peasants from the country. The battalion Dirlewanger especially has a reputation for destroying many human lives. Among the 5,000 people suspected of belonging to bands, there were numerous women and children.

By order of the Chief of anti-partisan units, S.S. Obergruppenfuehrer von dem Bach, units of the Armed Forces have also participated in the operation.”

This is as far as I will quote.

The Tribunal will recall that S.S. Obergruppenfuehrer von dem Bach was referred to in the Posen speech by Himmler as “our comrade ” whom he had placed in charge of anti-partisan activity.

The activities I have just dealt with were joint activities, in which the – the “Waffen S.S.” and S.S. Police Regiments, Gestapo, Order Police, were all involved. But these units were also used individually, to carry out tasks of such a nature.

I offer in evidence a letter from the Chief of the Command Office of the Waffen S.S., our Document 1972-PS, as Exhibit USA 471. It is a letter from the Chief of the Command Office of the “Waffen S.S.” to the Reichsfuehrer S.S., dated 14th October, 1941, subject: Intermediate report on civilian state of emergency. I shall read that letter. I quote:

“I deliver the following report regarding the commitment of the Waffen S.S. in the Protectorate Bohemia and Moravia during the civil state of emergency:

All battalions of the Waffen S.S. in the Protectorate Bohemia and Moravia will in rotation be employed on shootings and the supervision of hangings respectively.

Up until now there occurred:

In Prague-

99 shootings.

21 hangings.

In Bruenn

54 shootings.

17 hangings.

Total – 191 executions (including 16 Jews).

A complete report regarding other measures and on the conduct of the officers, N.C.O.’s and men will be made following the termination of the civil state of emergency.”

It is not surprising that units of the “Waffen S.S.” and the branch which had thus been employed in extermination actions and the executions of civilians are also to be found violating the laws of warfare when carrying on ordinary combat operations. I offer in evidence a supplementary report of the Supreme Headquarters Allied Expeditionary Force Court of Inquiry re shooting of allied prisoners- of-war by the 12th S.S. Panzer Division in Normandy, France, between 7th and 21St June, 1944. It is our Document 2997-PS, Exhibit USA 472. Extracts from that report consist of the formal record of the proceedings of the Court of Inquiry and the statement of its findings are included in the Document Book under that document number. They have been translated into German. Under Article 21 of the Charter, this Tribunal is directed to take judicial notice of the documents of committees set up in various Allied countries for the investigation of War Crimes, and also of the records and findings of military or other Tribunals of any of the United Nations. This report falls squarely within that provision. Therefore, without reading portions of the document, I shall summarise the findings of the Court of Inquiry which are set out on Pages 8 to 10 of the document. The Court concluded that there occurred between the 7th and 17th June, 1944, in Normandy, seven cases of violations of the laws of war.

THE PRESIDENT: What page?

MAJOR FARR: I am not quoting, I am summarising what appears on Pages 8 to 10 of the translation.

There occurred seven cases of violations of the laws of war, involving the shooting of 64 unarmed Allied prisoners-of-war in uniform, many of whom had been previously wounded and none of whom had resisted or attempted to escape ; that the perpetrators were members of the 12th S.S. Panzer Division, the so-called Hitler Jugend Division ; that enlisted men of the 15th Company of the 25th Panzer Grenadier Regiment of that Division were given secret orders to the effect that S.S. troops shall take no prisoners and that prisoners are to be executed after having been interrogated; that similar orders were given to men of the 3rd Battalion of the 26th Panzer Grenadier Regiment of the Division and of the 12th S.S. Engineering and Reconnaissance Battalions; and that the conclusion was irresistible that it was understood throughout the Division that a policy of denying quarter or executing prisoners after interrogation was openly approved the S.S. I refer to the execution of Allied flying personnel, of commandos and paratroopers, and of escaped prisoners-of-war who were turned over to the S.D. to be destroyed. Evidence of these actions will be presented in the case against the Gestapo.

Combatants who were taken prisoner encountered the S.S. in another form. In the case against the Gestapo, evidence will be presented of commando groups stationed in prisoner-of-war camps to select prisoners for what the Nazis euphemistically called “special treatment.” Finally, the entire control of prisoners-of-war was turned over to the Reichsfuehrer S.S.

I have read in evidence this morning, our Document 058-PS, which provided for the direction of all prisoner-of-war camps by Himmler.

The final, but vital, phase of the conspiracy in which the S.S. played a leading role must be mentioned. The permanent colonisation of conquered territories, the destruction of their national existence, and the permanent extension of the German frontier were fundamental objects of the conspirators’ plans.

The Tribunal received evidence, a day or so ago, of the manner in which these objectives were attained through the forcible evacuation and resettlement of inhabitants of conquered territories, confiscation of their properties, denationalisation and re-education of persons of German blood, and the colonisation of conquered territories by Germans.

The S.S. was the logical agency to formulate and carry out the programme. I have read into the record already the numerous statements made by Himmler as to the training of the S.S., which played the role of the aristocracy of the New Europe. He put those theories into practice when he was appointed, on 7th October, 1939, as Reich Commissioner for the Consolidation of German Folkdom. The decree by which he was appointed to that office – our Document 686-PS – has already been introduced into evidence as Exhibit USA 305. I shall not, therefore, read it.

To make and carry out plans for the programme of evacuation and resettlement, a new department of the S.S. Supreme Command was created; Staff Headquarters of the Reich Commissioner for the Consolidation of German Nationality. That is indicated on the chart by the fourth box from the top, on the extreme right-hand side.

The functions of this office are described in the Organisation Book of the N.S.D.A.P. for 1943, our Document 2640-PS, which has already been introduced in evidence as Exhibit USA 323. I shall read the description of the functions of that department appearing on Page 3 of the translation, the last paragraph, and Page 421 of the original.

I quote:

“The main office of the staff of the Reich Commissioner for the Consolidation of German Nationality is entrusted with the whole settlement and constructive planning, and with its execution within the Reich and all those territories under the authority of the Reich, including all administrative and economic questions in connection with the settlement, especially the deployment of manpower for this purpose.”

The colonisation programme had two principal objectives: First, the destruction of the conquered peoples by exterminating them, deporting them, and confiscating their property ; second, the settlement of racial Germans on the newly acquired land.

The extermination actions conducted by the S.S., as to which I have just introduced evidence, contributed in part to clearing the conquered territories of persons who were deemed dangerous to the Nazi Plan. But not every undesirable could be liquidated. Mass deportations accomplished the twin purpose of providing labour and of freeing the land for German colonists.

I have already introduced evidence as to the participation of S.S. agencies in deporting persons to concentration camps.

The evacuation and resettlement programme required the use of further deporting agencies. I quote from our Document z163-PS, the National Socialist Year Book for 1941, Exhibit USA 444. The passage in question appears at Page 3 of the translation, paragraph 5, and at Page 195 of the original. I quote:

“For some time now, the Reichsfuehrer S.S. has had at his disposal an office under the management of S.S.- Obergruppenfuehrer Lorenz, the National German Central Office (Volksdeutsche Mittelstelle – VM). This office has the task to deal with national German questions and to gather the necessary documents.

In addition to the VM, Immigration Centre Offices, with the Chief of the Security Police and the Security Service of the S.S., under the management of S.S.-Obersturmbannfuehrer Dr. Sandberger, and the Settlement Staff with the Reich Commissioner were created, which, in co-operation with the National Socialist Welfare Organisation and the Reich Railroad Agency, took charge of the re-emigration of national Germans.”

I also offer in evidence the affidavit of Otto Hoffmann, S.S. Obergruppenfuehrer and General of the Waffen S.S. and Police, our Document L-49. I offer it as Exhibit USA 473. Hoffmann was Chief of the Main Office for Race and Settlement in the S.S. Supreme Command, until 1943. This affidavit was taken on the 4th of August, 1945, at Freising, Germany. I shall read paragraph 2 of that affidavit:

“2. The executive power, in other words the carrying out of al [sic] so-called resettlement actions, that is to say, the sending away of Polish and Jewish settlers and those of non-German blood from a territory in Poland destined for Germanisation, was in the hands of the Chief of the R.S.H.A. Heydrich, and later of Kaltenbrunner, since the end of 1942. The Chief of the R.S.H.A. also supervised and issued orders to the so-called immigration centre, which classified the Germans living abroad who returned to Germany and directed them to the individual farms, already freed. The latter was done in agreement with the chief office of the Reichsfuehrer S.S.”

Other S.S. agencies were involved in the programme for deportation. The Tribunal has already received in evidence our Document 1352-PS, as Exhibit USA 176. It is a report relating to the confiscation of Polish agricultural enterprises, dated the 22nd of May, 1940, and signed “Kusche.” Portions of that document dealing with the confiscation of Polish agricultural enterprises and the deportation of Polish owners of the land to Germany were read into the record. I shall read only one further paragraph, showing S.S. personnel involved in this action. It appears on Page 2 of the translation, the first full paragraph; and on Page 10 of the original, paragraph 2.

Referring to the deportation of Polish farmers the report says and I quote:

“Means of transportation to the railroad can be provided:

By the enterprises of the East German Corporation of Agricultural Development.

2. By the S.S . N.C.O. School in Lublinitz and the concentration camp of Auschwitz.

These two latter places will also detail the necessary S.S. men for the day of the confiscation, and so forth.”

The extent to which almost all departments of the Supreme Command of the S.S. were concerned with the evacuation programme is shown by the minutes of a meeting on the 4th of August, 1942, dealing with the deportation of Alsatians. It is our Document R-114, and was received in evidence as Exhibit USA 314. I shall read only the list of persons and offices represented at that conference, since the body of the report has been read, in part, into the record.

I start at the beginning of the document, Page 1 of R-114

“Memo on meeting of 4/8/42.

Subject General directions for the treatment of deported Alsatians.

Present:

S.S. Hauptsturmfuehrer Dr. Stier; S.S. Hauptsturmfuehrer Petri; R.R. Hoffman ; Dr. Scherler; S.S. Untersturmuehrer Foerster.”

There is a notation next to their names of “Staff Headquarters.”

Then: “S.S. Obersturinfuehrer Dr. Hinrichs, Chief of Estate Office and Settlement Staff, Strasbourg.

S.S. Sturmbannfuehrer Brueckner, National German Central Office (Volksdeutsche Mittelstelle).

S.S. Hauptsturmuehrer Hummisch, Reich Security Main Office (Reichssicherheitshauptamt).

S.S. Untersturmfuhrer Dr. Sieder, Main Office for Race and Settlement (R.U.S.-Hauptamt).

Dr. Labes, D.U.T.”

The S.S. not only destroyed and deported conquered peoples and confiscated their property, but also repopulated the conquered regions with so-called racial Germans. Not all Germans were deemed reliable colonists, however. Those who were not were returned to Germany for re-Germanisation and re-education along Nazi lines.

A typical instance of the fate of such Germans is told in our Document R-112, which has already been introduced in evidence as Exhibit USA 309. It is a decree of the Reich Commissioner for the Consolidation of German Folkdorn. That decree, as the Tribunal will recall, dealt with the treatment to be accorded so-called “Polonised” Germans. By the terms of that decree these organisations were charged with the responsibility for the re-Germanisation programme, the Higher S.S. and Police Leaders, and the Gestapo.

I think it is unnecessary for me to quote from that report, since portions have already been read into evidence. I will refer the Court specifically to Section III of the decree, which appears on Page 7 of the translation, and to Section IV of the decree, which appears on the same Page, both of which indicate that the Higher S.S. and Police Leaders and the Gestapo were responsible for the re-Germanisation actions.

In the final state of the process, the resettlement of the conquered lands by racially and politically desirable Germans, still other S.S. agencies participated. I quote again from our Document 2163-PS, the Nat~onal Socialist Year Book for 1941, Exhibit USA 444. The passage appears on Page 3 of the translation, paragraph 7, and on Page 195 of the original. I quote:

“Numerous S.S. leaders and S.S. men helped with untiring effort in bringing about this systematic migration of peoples, which has no parallel in history.

There were many authoritative and administrative difficulties which, however, were immediately overcome, due to the unbureaucratic working procedure. This was especially guaranteed, above all, by the employment of the S.S.

The procedure called ‘Durchschleusung’ takes three to four hours as a rule. The re-settler is passed through eight to nine offices, following each other in a definite order ; registration office, card-index office, certificate and photo office, property office, and biological, hereditary, and sanitary test offices. The latter was entrusted to doctors and medical personnel of the S.S. and of the Armed Forces. The S.S. Corps Areas Alpenland, North-West, Baltic Sea, Fulda-Werra, South and South East, the S.S. Main Office, the N.P.E.A. – National Political Education Institution – Vienna, and the S.S. Cavalry School in Hamburg, provided most of the S.S.-Officers and S.S.-Non-Coms who worked at this job of resettlement.”

I omit the next three paragraphs and continue with the Year Book’s conclusion as to the S.S. participation in the colonisation scheme:

“The settlement, establishment and care of the newly-won peasantry in the liberated Eastern territory will be one of the most cherished tasks of the S.S. in the whole future.”

THE PRESIDENT: This might be a good time to break off until 2 o’clock.

MAJOR FARR: Yes, sir.

(A recess was taken until 1400 hours.)

MAJOR FARR: In the course of its development from a group of strong, armed body guards, some 200 in number, to a complex organisation participating in every field of Nazi endeavour, the S.S. found room for its members in high places – and persons in high places found themselves a position in the S.S.

Of the defendants charged in this Indictment, seven were high ranking officers in the S.S. They are the defendants Ribbentrop, Hess, Kaltenbrunner, Bormann, Sauckel, Neurath and Seyss-Inquart. The vital part that the defendant Kaltenbrunner played in the S.S., the S.D. and the entire Security Police system, will be shown by evidence to be presented at the conclusion of the case on the Gestapo. With respect to the other six defendants whom I have named, I desire to call the Tribunal’s attention to the fact of their membership in the S.S. This fact is a matter rather of judicial notice than of proof. Evidence of the fact is to be found in two official publications which I now offer the court. The first is this black book – the membership list of the S.S. as of 1st December, 1936. This book contains a list of the members of the S.S. arranged according to rank. I offer it in evidence as Exhibit USA 474. Turning to Page 8 of this publication we find at line 2 the name “Hess, Rudolf” followed by the notation “By authority of the Fuehrer the right to wear the uniform of an S.S. Obergruppenfuehrer”. I now offer the 1937 edition of the same membership list as Exhibit USA 475. Turning to Page 10, line So, we find the name “Bormann, Martin ” – and in line with his name on the opposite page under the column headed “Gruppenfuehrer”, the following date, 30/1/37.

In the same edition on Page 12, line 56, appears the name “von Neurath, Konstantin”, and on the opposite page under the column headed “Gruppenfuehrer ” the date “18/9/37”. The other publication to which I refer is “Der Grossdeutsche Reichstag” for the fourth voting period, edited by E. Kienast, Ministerial Director of the German Reichstag. This is an official handbook containing biographical data as to membership of the Reichstag. It is Document 2381-PS, and I offer it in evidence as Exhibit USA 476. On Page 349 the following appears: “von Ribbentrop, Joachim, Reichsminister des AuswArtigen, S.S. Obergruppenfuehrer”. On Page 360 the following appears: “Sauckel, Fritz, Gauleiter und Reichsstatthalter in Thueringen, S.S. Obergruppenfuehrer “. On Page 389 the following appears: “Seyss-Inquart, Artur, Dr. jur., Reichsminister, S.S. Obergruppenfuehrer”.

THE PRESIDENT: What was the date of that book ?

MAJOR FARR: This book covers the fourth voting period beginning on 10th April, 1938, covering the period up to 13th January, 1947 – that is, the voting period covers that course of years. The edition, I think, was in 1943. 1 might point out that the rank of the defendants mentioned in the 1936 and 1937 editions of the membership list of the S.S. may not be the final rank they held. They were “Gruppenfuehrer” at that time, but they were members of the S.S., as shown by the book.

It is our contention that the S.S., as defined in Appendix B, Page 36 of the Indictment, was an unlawful organisation. As an organisation founded on the principle that persons of “German blood” were a “master race”, it exemplified a basic Nazi doctrine. It served as one of the means through which the conspirators acquired control of the German Government. The operations of the S.D., and of the “S.S. Totenkopf Verbaende” in concentration camps, were means used by the conspirators to secure their regime and terrorise their opponents, as alleged in Count 1. All branches of the S.S. were involved from the very beginning, in the Nazi programme of Jewish extermination. Through the Allgemeine S.S. as a para-military organisation, and the “S.S. Verfuegungstruppe” and “S.S. Totenkopf Verbaende”, as professional combat forces, and the “Volksdeutsche Mittelstelle” as a Fifth Column agency, the S.S. participated in the military preparations for aggressive war, and through its militarised units in the waging of aggressive war in the West and in the East as set forth in Counts One and Two of the Indictment. In the course of such war all components of the S.S. participated in the War Crimes and Crimes against Humanity, set forth in Counts Three and Four of the Indictment – the murder and ill-treatment of civilian populations in occupied territory, the murder and ill-treatment of prisoners of war, and the Germanisation of occupied territories.

The evidence has shown that the S.S. was a single enterprise – a unified organisation. Some of its functions were, of course, performed by one branch or department or office, some by another. No single branch or department participated in every phase of its activity, but every branch and department and office was necessary to the functioning of the whole. The situation is much the same as in the case of the individual defendants at the bar. Not all participated in every act of the conspiracy – but all, we contend, performed a contributing part in the whole criminal scheme.

The evidence has shown that though the S.S. was an organisation of volunteers, applicants had to meet the strictest standards of selection. It was not easy to become an S.S. member. That was true of all branches of the S.S. We clearly recognise, of course, that during the course of the war, as the demands for man-power increased and the losses of the “Waffen S.S.” grew heavier and heavier, there were occasions when men drafted for compulsory military service were assigned to units of the “Waffen S.S.” rather than to the “Wehrmacht.” Those instances were relatively few. Evidence of recruiting standards of the “Waffen S.S.” in 1943, which I quoted yesterday, has shown that membership in that branch was as essentially voluntary and highly selective as in other branches. Doubtless some of the members of the S.S., or of other of the organisations alleged to be unlawful, might desire to show that their participation in the organisation was a small or innocuous one, that compelling reasons drove them to apply for membership, that they were not fully conscious of its aims or that they were mentally irresponsible when they became members. Such facts might or might not be relevant if such persons were on trial. But, in any event, this is not the forum to try out such matters.

The question before this Tribunal is simply this, whether the S.S. was or was not an unlawful organisation. The evidence has finally shown what the aims and activities of the S.S. were. Some of those aims were stated in publications which I have quoted to the Court. The activities were so widespread and so notorious, covering so many fields of unlawful endeavour, that the illegality of the organisation could not have been concealed. It was a notorious fact, and Himmler, himself, in 1936, in a quotation which I read to the Tribunal yesterday, admitted that, when he said, “I know that there are people in Germany now who become sick when they see these black coats. We know the reason and we do not expect to be loved by too many.”

It was, we submit, at all times the exclusive function and purpose of the S.S. to carry out the common objectives of the defendant conspirators. Its activities in carrying out those objectives involved the commission of the crimes defined in Article 6 of the Charter. By reason of its aims and the means used for the accomplishment thereof, the S.S. should be declared a criminal organisation in accordance with Article 9 of the Charter.

COLONEL STOREY: If the Tribunal please, the next presentation will be the Gestapo, and it will take just a few seconds to get the material here.

We are now ready to proceed if your Honour is.

THE PRESIDENT: Yes.

COLONEL STOREY: We first pass to the Tribunal Document Books marked “Exhibit AA,” Your Honour will notice they are in two volumes, and I will try each time to refer to the appropriate volume. They are separated into the D Documents, the L Documents, the PS Documents, etc.

The presentation of evidence on the criminality of the Geheime Staatspolizei (Gestapo) includes evidence on the criminality of the Sicherheitsdienst (S.D.) and of the Schutzstaffeln (S.S.), which has been discussed by Major Farr, because a great deal of the criminal acts were so inter-related. In the Indictment, as your Honour knows, the S.D. is included by special reference as a part of the S.S., since it originated as a part of the S.S. and always retained its character as a Party organisation, as distinguished from the Gestapo, which was a State organisation. As will be shown by the evidence, however, the Gestapo and the S.D. were brought into very close working relationship, the S.D. serving primarily as the information gathering agency and the Gestapo as the executive agency of the police system established by the Nazis for the purpose of combating the political and ideological enemies of the Nazi regime.

In short, I think we might think of the S.D. as the intelligence organisation and the Gestapo the executive agency, the former a Party organisation and the latter a State organisation, but merged together for all practical purposes.

The first subject: The Gestapo and S.D. were formed into a powerful, centralised political police system that served Party, State and Nazi leadership.

The Geheime Staatspolizei, or Gestapo, was first established in Prussia on 26th April, 1933, by the defendant Goering, with the mission of carrying out the duties of political police, with or in place of, the ordinary police authorities. The Gestapo was given the rank of a higher police authority and was subordinated only to the Minister of the Interior, to whom was delegated the responsibility of determining its functional and territorial jurisdiction. That fact is established in the “Preussische Gesetzsammlung,” of 26th April, 1933, Page 122, and it is our Document 2104-PS.

Pursuant to this law, and on the same date, the Minister of the Interior issued a decree on the reorganisation of the Police, which established a State Police Bureau in each governmental district of Prussia subordinate to the Secret State Police Bureau in Berlin, and 1 cite as authority, the Ministerial-Blatt for the Internal Administration of Prussia, 193 3, Page 503, and it is Document 2371-PS.

Concerning the formation of the Gestapo, the defendant in ” Aufbau einer Nation,” 1934, Page 87, which is our Document 2344-PS-I quote from the English translation a short paragraph, of which your Honour will take judicial notice, unless you wish to turn to it in full-the defendant Goering said:

“For weeks I had been working personally on the reorganisation, and at last I alone and upon my own decision and my own reflection created the office of the Secret State Police. This instrument, which is so feared by the enemies of the State, has contributed most to the fact that to-day there can no longer be talk of a Communist or Marxist danger in Germany and Prussia.”

THE PRESIDENT: What was the date?

COLONEL STOREY: The date? 1934, sir.

On 30th November, 1933, Goering issued a decree for the Prussian State Ministry and the Reich Chancellor, placing the Gestapo under his direct supervision as chief. The Gestapo was thereby established as an independent branch of the administration of the Interior, responsible directly to Goering as Prussian Prime Minister. This decree gave the Gestapo jurisdiction over the political police matters of the general and interior administration and provided that the district, county, and local police authorities were subject to its directives, and that cites the Prussian laws of 30th November, 1933, Page 413, and Document 2105-PS.

In a speech delivered at a meeting of the Prussian State Council on 18th June, 1934, which is published in “Speeches and Essays of Hermann Goering, 1939,” Page 102, our Document 3343-PS, Goering said, and I quote one paragraph:

“The creation of the Secret State Police was also a necessity. You may recognise the importance attributed to this instrument of State security from the fact that the Prime Minister has made himself head of the department of the administration, because it is precisely the observation of all currents directed against the new State which is of fundamental importance.”

By a decree of 8th March, 1934, the Regional State Police Offices were separated from their organisational connection with the District Government and established as independent authorities of the Gestapo. That cites the “Preussische Gesetzsammlung” of 8th March, 1943, Page 143, our Document 2 11 3-PS.

I now offer in evidence Document 1680-PS, Exhibit USA 477. This is an article entitled “Ten Years Security and S.D.”, published in the German Police Journal, the magazine of the Security Police and S.D., of 1st February, 1943. I quote one paragraph from this article on Page 2 of the English translation, Dociiment 1680, which is the third main paragraph:

“Parallel to that development in Prussia, the Reichsfuehrer S.S. Heinrich Himmler, created in Bavaria the Bavarian Political Police, and also suggested and directed in the other Federal States outside Prussia the establishment of political police. The unification of the political police of all the Federal States took place in the spring of 1934 when Minister President Hermann Goering appointed Reichsfuehrer S.S. Heinrich Himmler, who had meanwhile become Commander of the Political Police of all the Federal States outside Prussia, to the post of Deputy Chief of the Prussian Secret State Police.”

The Prussian law about the Secret State Police, dated 10th February, 1936, then summed up the development to that date and determined the position and responsibilities of the Secret State Police in the executive regulations issued the same day.

On 10th February, 1936, the basic law for the Gestapo was promulgated by Goering as Prussian Prime Minister. I refer to Document 2107-PS. This law provided that the Secret State Police had the duty of investigating and combating, in the entire territory of the State, all tendencies inimical to the State, and declared that orders and matters of the Secret State Police were not subject to the review of the administrative courts. That is the Prussian State law of that date, cited on Pages 21-22 of the publication of ihe laws of 1936.

Also on that same date, 10th February, 1936, a decree for the execution of the law was issued by Goering, as Prussian Prime Minister, and by Frick, as Minister of the Interior. This decree provided that the Gestapo had authority to enact measures valid in the entire area of the State and measures affecting that area-by the way, that is found in 2108-PS and is also a published law-that it was the centralised agency for collecting political intelligence in the field of political police, and that it administered the concentration camps. The Gestapo was given authority to make police investigations in cases of criminal attacks upon the Party as well as upon the State.

Later, on 28th August, 1936, a circular of the Reichsfuehrer S.S. and Chief of the German Police provided that as on 1st October, 1936, the Political Police Forces of the German provinces were to be called the “Geheime Staatspolizei”. That means the Secret State Police. The regional offices were still to be described as State Police.

The translation of that law is in Document 2372- PS, Reichsministerial-Gesetzblatt of 1936, No. 44, Page 1344.

Later, on 20th September, 1936, a circular of the Minister of the Interior, Frick, commissioned the Gestapo Bureau in Berlin with the supervision of the duties of the Political Police Commanders in all the States of Germany. That is, Reichsministerial-Gesetzblatt, 1936, Page 1,343, our Document L-297.

The law regulating and relating to financial measures in connection with the police, of igth March, 1937, provided that the officials of the Gestapo were to be considered direct officials of the Reich, and that their salaries, in addition to the operational expenses of the whole State Police, were to be borne from 1st April, 1937, by the Reich. That is shown in Document 2243-PS, which is a copy of the law of 19th March, 1937, Page 325.

Thus, through the above laws and decrees, the Gestapo was established as a uniform political police system operating throughout the land and serving Party, State, and Nazi leadership.

In the course of the development of the S.D., it came into increasingly close co-operation with the Gestapo and also with the “Reichskriminalpolizei “, the Criminal Police, known as Kripo, shown up there under A.M.T. V. The S.D. was called upon to furnish information to various State authorities. On iith November, 1938, a decree of the Reich Minister of the Interior declared the S.D. to be the intelligence organisation for the State as well as for the Party, to have the particular duty of supporting the Secret State Police, and to become thereby active on a national mission. These duties necessitated a closer co-operation between the S.D. and the authorities for the general and interior administration. That law is translated in Document 1638-PS.

The Tribunal has already received evidence concerning the decrees of 17th and 26th June, 1936, under which Himmler was appointed Chief of the German Police, and by which Heydrich became the first Chief of the Security Police and S.D. Even then Goering did not relinquish his position as Chief of the Prussian Gestapo. Thus, the decree of the Reichsfuehrer S.S. and Chief of German Police which was issued on 28th August, 1936, which is our Document 2372-PS, was distributed “to the Prussian Minister President as Chief of the Prussian Secret State Police”, that is, to Goering.

On 27th September, 1939, by order of Hirmnler in his capacity as Reichsfuehrer S.S. and Chief of the German Police, the Central Offices of the Gestapo and S.D., and also of the Criminal Police, were merged in the office of the Chief of the Security Police and S.D. under the name of R.S.H.A., which your Honour has heard described by Major Farr. Under this order the personnel and administrative sections of each agency were co-ordinated in Amt. I and II of the chart shown here, of the R.S.H.A. The operational sections of the S.D. became Amt. Ill, shown in the box Amt. III, except for foreign intlligence which was placed over in Amt. VI. The operational sections of the Gestapo became Amt. IV, as shown on the chart, and the operational sections of the Kripo, that is, the Criminal Police, became Amt. V, as shown on the chart.

Ohlendorf was named the Chief of Amt. Ill, the S.D. inside Germany; Mueller was named Chief of Amt. IV, and Nebe was named Chief of Amt. V, the Kripo.

On 27th September, 1939, Heydrich, the Chief of the Security Police and S.D., issued a directive pursuant to the order of Himmler in which he ordered that the designation and heading of R.S.H.A. was to be used exclusively in internal relations of the Reich Ministry of the Interior, and the heading “The Chief of the Security Police and S.D.” in transactions with outside persons and offices. The directive provided that the Gestapo would continue to use the designation and heading “Secret State Police” according to the particular instructions.

This order is Document L-361, Exhibit USA 478, which we now offer in evidence, and refer your Honour to the first paragraph L-361. That is found in the first volume. I just direct your Honour’s attention to the date and to the subject, which is the amalgamation of the ” Zentral Arnter ” of the Sicherheitspolizei and the S.D., and the creation of the four sections, and then to the words will be joined to the R.S.H.A. in accordance with the following directives . . This amalgamation carries with it no change in the position of the ‘ Ainter ‘ in the Party nor in their local administration.”

I might say here parenthetically, if the Tribunal please, that we like to think of the R.S.H.A. as being the so-called administrative office through which a great many of these organisations were administered, and then a number of these organisations, including the Gestapo, maintaining their separate identity as an operational organisation. I think a good illustration, if your Honour will recall, is that during the war there may be a certain division or a certain air force which is administratively under a certain headquarters, but operationally, when they had an invasion, may be under the general supervision of somebody else who was operating a task force. So the R.S.H.A. was really the administrative office of a great many of these alleged criminal organisations.

The Gestapo and the S.D. were therefore organised functionally on the basis of the opponents to be combated and the matters to be investigated.

I now invite the attention of the Tribunal to this chart which has already been identified, and I believe it is Exhibit 53. This chart – I am in error; that is the original identification number. This chart shows the main chain of command from Himmler, who was the Reich Leader of the S.S. and Chief of the German Police, to Kaltenbrunner, who was Chief of the Security Police and S.D., and from Kaltenbrunner to the various field offices of the Gestapo and the S.D.

We now formally offer in evidence this chart, Document L-219, as Exhibit USA 479.

This chart, from which the one on the wall is taken, has been certified by Otto Ohlendorf, Chief of Amt III of the R.S.H.A., and by Walter Schellenberg, Chief of Amt VI of the R.S.H.A., and has been officially identified by both of those former officials.

The chart shows that the principal flow of command in police matters came from Himmler as Reich Leader of the S.S. and Chief of the German Police directly to Kaltenbrunner, who was Chief of the Security Police and S.D., and as such was also head of the R.S.H.A., which is the administrative office to which I have referred.

Kaltenbrunner’s headquarters organisation was composed of seven Aemter, plus a military office; the seven Aemter shown here.

Under subsection D was Obersturmbannfuehrer Rauff, who handled technical matters, including motor vehicles of the Sipo and the S.D., to which we will refer later.

Amt Ill was the S.D. inside Germany and was charged with investigations into spheres of German national life. It was the Internal Intelligence Organisation of the police system and its interests extended into all areas occupied by Germany during the course of the war. In 1943 it contained four sections. I would like to mention them briefly. It shows their scope of authority.

Section A dealt with questions of legal order and structure of the Reich.

Section B dealt with nationality, including minorities, race, and health of the people.

Section C dealt with culture, including science, education, religion, Press, folk culture, and art.

Section D dealt with economics, including food, commerce, finance, industry, labour, colonial economics, and occupied regions.

Now, Amt IV, with which we are dealing here, was the Gestapo, and was charged with combating opposition. In 1945, as identified by these two former officials, it contained six subsections.

1. Subsection A dealt with opponents, sabotage, and protective service, including Communism, Marxism, Reaction and Liberalism.

2. Subsection B dealt with political churches, sects and Jews, including political Catholicism, political Protestantism, other Churches, Freemasonry, and a special section, B-4, that had to do with Jewish affairs, matters of evacuation, means of suppressing enemies of the people and State, and dispossession of rights of German citizenship. The head of this office was Eichmann.

3. Subsection C dealt with protective custody.

4. Subsection D dealt with regions under German domination.

5. Subsection E dealt with security.

6. Subsection F dealt with passport matters and alien police.

Now, Amt V, which will be referred to as the Kripo was charged with combating crime. For example, Subsection D was the criminological institute for the: Sipo and handled matters of identification, chemical and biological investigations, and technical research.

Amt VI was the S.D. outside Germany and was concerned primarily with foreign political intelligence. In 1944, the “Abwehr,” or Military Intelligence, was joined with Amt VI as military “Amt.” Your Honour will recall that the witness Lahousen was in the “Abwehr.” Amt VI maintained its own regional organisation.

And finally, Amt VII handled ideological research among enemies such as Freemasonry, Judaism, Political Churches, Marxism and Liberalism.

Within Germany there were regional offices of the S.D., the Gestapo, and the Kripo, shown on the chart at the right. The Gestapo and Kripo offices were often located in the same place and were always collectively referred to as the Sipo. You see that shaded line around the Secret Police, and kripo the Criminal Police. These regional offices all maintained their separate identity and reported directly to the section of the R.S.H.A., that is, under Kaltenbrunner, which had the jurisdiction of the subject matter. They were, however, co-ordinated by .Inspectors of the Security Police and S.D., as shown at the top of the chart. The Inspectors were also under the supervision of Higher S.S. and Police Leaders appointed for each “Wehrkreis.” The Higher S.S. and Police Leaders reported to Himmler and supervised not only the Inspectors of the Security Police and S.D., but also the Inspectors of the Order Police and various sub-divisions of the S.S.

In the occupied territories, the organisation developed as the German armies advanced. Combined operational units of the Security Police and the S.D., known as Einsatz Groups, about which your Honour will hear in a few minutes, operated with and in the rear of the army. These groups were officered by personnel of the Gestapo, Kripo and the S.D., and the enlisted men were composed of Order Police and “Waffen S.S.” They functioned with various Army groups.. The Einsatz Groups – and, if your Honour will recall, they are simply task force groups for special projects – were divided into “Einsatzkornmandos,” “Sonderkonunandos,” and “Teilkommandos,” all of which performed the functions of the Security Police and the S.D., with or closely behind the Army.

After the occupied territories had been consolidated, these Einsatz Groups and their subordinate parts were formed into permanent combined offices of the Security Police and S.D. within the particular geographical location. These combined forces were placed under the Kornmandeurs of the Security Police and S.D., and the offices were organised in sections similar to this R.S.H.A. headquarters. The Konimandeurs of the Security Police and S.D. reported directly to Befehlshaber of the Security Police and S.D. who in turn reported directly to the Chief of the Security Police and S.D.

In the occupied countries, the Higher S.S. and Police Leaders were more directly controlled by the Befehlshabers and the Kornmandeurs of the Security Police and S.D. than within the Reich. They had authority to issue direct orders so long as they did not conflict with the Chief of the Security Police and S.D. who exercised controlling authority.

The above chart and the remarks concerning it are based upon two documents which I now offer in evidence. They are Document L-219, which is the organisation plan of the R.S.H.A. of 1st October, 1943, and document 2346-PS, which is Exhibit USA 480.

Now the primary mission of the Gestapo and the S.D. was to combat the actual and ideological enemies of the Nazi regime and to keep Hitler and the Nazi leadership in power as specified in Count 1 of the Indictment. The tasks and methods of the Secret State Police were well described in an article which is translated in Document 1956-PS, Volume 2 of the document book, which is an article published in January, 1936, in Das Archiv, at Page 1342, which I now offer in evidence and quote from. It is on Page 1 of the English translation, 1956. I will first read the first paragraph and then the third and fourth paragraphs. That is in January 1936:

“In order to refute the malicious rumours spread abroad, the Voe1kischer Beobachter published on 22nd January, 1936, an article on the origin, meaning and tasks of the Secret Police; extracts from this read as follows:”

Now passing to the third paragraph:

“The Secret State Police is an official machine on the lines of the Criminal Police, whose special task is the prosecution of crimes and offences against the State, above all the prosecution of high treason and treason. The task of the Secret State Police is to detect these crimes and offences, to ascertain the perpetrators and to bring them to judicial punishment. The number of criminal proceedings continually pending in the People’s Court on account of high treasonable actions and of treason is the result of this work. The next most important field of operations for the Secret State Police is the preventive combating of all dangers threatening the State and the leadership of the State. As, since the National Socialist Revolution, all open struggle and all open opposition to the State and to the leadership of the State is forbidden, a Secret State Police as a preventive instrument in the struggle against all dangers threatening the State is indissolubly bound up with the National Socialist Leader State. The opponents of National Socialism were not removed by the prohibition of their organisations and their newspapers, but have withdrawn to other forms of struggle against the State. Therefore, the National Socialist State has to trace out, to watch over and to render harmless the underground opponents fighting against it in illegal organisations, in camouflaged associations, in the coalitions of well-meaning fellow Germans and even in the organisations of Party and State before they have succeeded in actually executing an action directed against the interest of the State. This task of fighting with all means the secret enemies of the State will be spared no Leader State, because powers hostile to the State from their foreign headquarters, always make use of some persons in such a State and employ them in underground activity against the State.

The preventive activity of the Secret State Police consists primarily in the thorough observation of all enemies of the State in the Reich Territory. As the Secret State Police cannot carry out, in addition to its primary executive tasks, this observation of the enemies of the State, to the extent necessary, there marches by its side, to supplement it, the Security Service of the Reichsfuehrer of the S.S., set up by his deputy as the Political Intelligence Service of the movement, which puts a large part of the forces of the movement mobilised by it into the service of the security of the State.

The Secret State Police takes the necessary police preventive measures against the enemies of the State on the basis of the results of the observation. The most effective preventive measure is, without doubt, the withdrawal of freedom, which is covered in the form of protective custody, if it is to be feared that the free activity of the persons in question might endanger the security of the State in any way. The employment of protective custody is so organised by directions of the Reich and Prussian Minister of the Interior and by a special arrest procedure of the Secret State Police that, as far as the preventive fight against the enemies of the State permits, continuous guarantees against the mis-use of the protective custody are also provided.”

THE PRESIDENT: Have we not really got enough now as to the organisation of the Gestapo and its Objective?

COLONEL STOREY: Your Honour, I had finished with the organisation. I was just going into the question of the action of protective custody, for which the Gestapo was famous, and showing how they went into that field of activity and the authority for taking people into protective custody – alleged protective custody.

THE PRESIDENT: I think that has been proved more than once in the preceding evidence that we have heard.

COLONEL STOREY: There is one more law I would like to refer to, to the effect that that action is not subject to judicial review, …. unless that has already been established. I do not know whether Major Farr did that, or not.

THE PRESIDENT: They are not subject to judicial review?

COLONEL STOREY: Review, yes.

THE PRESIDENT: I think you have told us that already this afternoon.

COLONEL STOREY: The citation is in the Reichsgesetzblatt of 1935 Page 577, which is Document 2347-PS.

I would like, if your Honour pleases, to refer to this quotation from that law.

The decision of the Prussian High Court of Administration on 2nd May, 1935, held that the status of the Gestapo as a special Police authority removed its orders from the jurisdiction of the administrative tribunal, and the Court said in that law that the only redress available was by appeal to the next higher authority within the Gestapo itself.

THE PRESIDENT: I think you told us that, apropos of the document of 10th February, 1936, where you said the Secret State Police was not subject to review by any of the State Courts.

COLONEL STOREY: I just did not want there to be any question about the authority. I refer your Honour to Document 1825-B-PS, which is already in evidence as Exhibit USA 449, also stating that theory, and also Document 1723-PS, and that is the decree, your Honour, of 1st February, 1938, which relates to the protective custody and the issuance of new regulations, and I would like to quote just one sentence from that law-” . . . as a coercive measure of the Secret State Police against persons.who endanger the security of the people and the State through their attitude, in order to counter all aspirations of the enemies of the people and the State”. The Gestapo had the exclusive right to order protective custody and that protective custody was to be executed in the State concentration camps.

Now, I pass to another phase where the S.D. created an organisation of agents and informers who operated through the various regional offices throughout the Reich and later in conjunction with the Gestapo and the Criminal Police throughout the occupied countries. The S.D. operated secretly. One of the things it did was to mark ballots secretly in order to discover the identity of persons who cast “No ” and “invalid ” votes in the referendum. I now offer in evidence Document R-142, second volume. I believe it is toward the end of Document R-142, Exhibit USA 481.

This document contains a letter from the branch office of the S.D. at Kochem to the S.D. at Koblenz. The letter is dated 7th May, 1938, and refers to the plebiscite of 10th April, 1938. It refers to a letter previously received from the Koblenz office and apparently is a reply to a request for information concerning the way in which people voted in the supposedly secret plebiscite. It is on Page 1 of Document R-142.

THE PRESIDENT: Colonel Storey, I am told that that has been read before.

COLONEL STOREY: I did not know it had, if your Honour pleases. We will then just offer it without reading it.

With reference to National Socialism and the contribution of the Sipo and the S.D., I refer to an article of 7th September, 1942, which is shown in Document 3344-PS. It is the first paragraph, Volume 2. It is the official journal. Quoting:

“Even before the taking over of power, the S.D. had added its part to the success of the National Socialist Revolution. After the taking over of power, the Security Police and the S.D. have borne the responsibility for the inner security of the Reich, and have paved the way for a powerful fulfilment of National Socialism against all resistance.”

In connection with the criminal responsibility of the S.D. and the Gestapo, it will be considered with respect to certain War Crimes and Crimes Against Humanity, which were in the principal part committed by the centralised political police system. The development, organisation and tasks have been considered before. In some instances the crimes were committed in co-operation or in conjunction with other groups or organisations.

Now, in order to look into the strength of these various organisations, I have some figures here that I would like to quote to your Honour. The Sipo and S.D. were composed of the Gestapo, Kripo and S.D. The Gestapo was the largest, and it had a membership of about 40,000 to 50,000 in 1934 and 1935. That is an error; it is 1943 to 1945. It was the political force of the Reich.

THE PRESIDENT: Did you say the date was wrong ?

COLONEL STOREY: Yes, it is ’43 to ’45.

THE PRESIDENT: Very well.

THE TRIBUNAL: (MR. BIDDLE): Where are you reading from?

COLONEL STOREY: Document 3033-PS, and it is an affidavit of Walter Schellenberg, one of the former officials I referred to a moment ago.

I think, if your Honour pleases, in order to get it in the record, I will read the whole affidavit. Document 3033-PS, Exhibit USA 488:

“The Sipo and S.D. were composed of the Gestapo, Kripo and S.D. In 1943-45 the Gestapo had a membership of about 40,000 to 50,000 ; the Kripo had a membership of about 15,000 and the S.D. had a membership of about 3,000. In common usage, and even in orders and decrees, the term ‘S.D.’ was used as an abbreviation for the term ‘Sipo’ and ‘S.D.’ In most cases actual executive action was carried out by personnel of the Gestapo rather than of the S.D. or the Kripo. In occupied territories, members of the Gestapo frequently wore S.S. uniforms with S.D. insignia. New members of the Gestapo and the S.D. were taken on a voluntary basis. This has been stated and sworn to by me today the 21st November, 1945.” And then, ” Subscribed and sworn to before Lt. Harris, 21st November, 1945.”

I think I ought to say here, if your Honour pleases, that it is our information that a great many of the members of the Gestapo were also members of the S.S. We have heard various estimates of the numbers, but have no direct authority. oome autnorities say as much as 75 per cent., but still we have no direct evidence on that.

I now offer in evidence Document 2751-PS, which is Exhibit USA 482. It is an affidavit of Alfred Helmut Naujocks, dated 20th November, 1945. This affidavit particularly refers to the actual occurrences in connection with the Polish Border incident. I believe it was referred to by the witness Lahousen when he was on the stand.

“I, Alfred Helmut Naujocks, being first duly sworn, depose and state as follows:

1. I was a member of the S.S. from 1931 to igth October, 1944, and a member of the S.D. from its creation in 1934 to January, 1941. I served as a member of the ‘Waffen S.S.’ from February, 1941, until the middle of 1942. Thereafter, I served in the Economic Department of the Military Administration of Belgium from September, 1942 to September, 1944. 1 surrendered to the Allies on 19th October, 1944,

2. On or about 10th August, 1939, the Chief of the Sipo and S.D. Heydrich, personally ordered me to simulate an attack on the radio station near Gleiwitz, near the Polish border, and to make it appear that the attacking force consisted of Poles. Heydrich said, ‘Practical proof is needed for these attacks of the Poles for the foreign Press, as well as for German propaganda purposes.’ I was directed to go to Gleiwitz with five or six other S.D. men and wait there until I received a code word from Heydrich indicating that the attack should take place. My instructions were to seize the radio station and to hold it long enough to permit a Polish-speaking German, who would be put at my disposal, to broadcast a speech in Polish. Heydrich told me that this speech should state that the time had come for the conflict between Germans and Poles, and that the Poles should get together and smash down any Germans from whom they met resistance. Heydrich also told me at this time that he expected an attack on Poland by Germany in a few days.

3. I went to Gleiwitz and waited there 14 days. Then I requested permission from Heydrich to return to Berlin, but was told to stay in Gleiwitz. Between 25th and 31st August, I went to see Heinrich Mueller, head of the Gestapo, who was then nearby at Oppeln. In my presence Mueller discussed with a man named Mohlhorn plans for another border incident, in which it should be made to appear that Polish soldiers were attacking German troops. Germans in the approximate strength of a company were to be used. Mueller stated that he had 12 or 13 condemned criminals who were to be dressed in Polish uniforms and left dead on the ground of the scene of the incident, to show that they had been killed while attacking. For this purpose they were to be given fatal injections by a doctor employed by Heydrich. Then they were also to be given gunshot wounds. After the incident, members of the Press and other persons were to be taken to the scene of the incident. A police report was subsequently to be prepared.

4. Mueller told me that he had an order from Heydrich to make one of those criminals available to me for the action at Gleiwitz. The code name by which he referred to these criminals was ‘Canned goods ‘.

5. The incident at Gleiwitz in which I participated was carried out on the evening preceeding the German attack on Poland. As I recall, war broke out on 1st September, 1939. At noon on 31st August, I received by telephone from Heydrich the code word for the attack which was to take place at 8 o’clock that evening. Heydrich said, ‘In order to carry out this attack, report to Mueller for Canned Goods.’ I did this and gave Mueller instructions to deliver the man near the radio station. I received this man and had him laid down at the entrance to the station. He was alive but he was completely unconscious. I tried to open his eyes. I could not recognise by his eyes that he was alive, only by his breathing. I did not see the shot wounds but a lot of blood was smeared across his face. He was in civilian clothes.

6. We seized the radio station as ordered, broadcast a speech of three to four minutes over an emergency transmitter, fired some pistol shots and left.”

And that was sworn to and subscribed before Lt. Martin.

The Gestapo and the S.D. carried out mass murders of hundreds of thousands of civilians of occupied countries as a part of the Nazi programme to exterminate political and racial undesirables, by the so-called Einsatz Groups. Your Honour will recall evidence concerning the activity of these Einsatz Groups ‘ or Einsatzkommandos. I now refer to Document R-102.

If your Honour pleases, I understand Major Farr introduced this document this morning, but I want to refer to just one brief statement which he did not include, concerning the S.D. and the Einsatz Groups and Security Police. It is on Page 4 of R-102.: Quoting:

“During the period covered by this report the stations of the Einsatz Groups of the Security Police and the S.D. have changed only in the Northern Sector.”

THE PRESIDENT: What was the document ?

COLONEL STOREY: R-102, which is already introduced in evidence by Major Farr, and it is in Volume 2 toward the end of the book.

THE PRESIDENT: I have a document here. Page 4, is it?

COLONEL STOREY: Page 4, Yes, Sir. There are two reports submitted by the Chief of the Einsatz Group A available. The first report is Document L-180, which has already been received as Exhibit USA 276.

THE PRESIDENT: Colonel Storey, will you not pass quite so fast from one document to another ?

COLONEL STOREY: Yes, Sir, pardon me, Sir. L-180, and I want to quote from Page 13. It is on Page 5 of the English translation. It is the beginning of the first paragraph, near the bottom of the page. Quoting:

“In view of the extension of the area of operations and of the great number of duties which had to be performed by the Security Police, it was intended from the very beginning to obtain the co-operation of the reliable population for the fight against vermin ; that is, mainly the Jews and Communists.”

And also in that same document, Page 30 of the original, Page 8 of the English translation. Quoting:

“From the beginning it was to be expected that the Jewish problem could not be solved by pogroms alone.”

THE PRESIDENT: I am told that that has been read already.

COLONEL STOREY: I had it checked, and we did not find that it had, your Honour. I will pass on them.

Now, if your Honour pleases, we will pass to Document 2273-PS next. I offer in evidence now just portions of Document 2273-PS, which is Exhibit USA 487. This document was captured by the U.S.S.R. and will be offered in detail by our Soviet colleagues later. But with their consent, I want to introduce in evidence a chart which is identified by that document, and we have an enlargement which we would like to put on the board, and we will pass to the Tribunal photostatic copies.

If your Honour pleases, this chart is identified by the photostatic copy attached to the original report which will be dealt with in detail later. I want to quote just one statement from Page 2 of the English translation of that document. It is the third paragraph from the bottom on Page 2 of the English translation:

“The Esthonian self-protection movement formed as the Germans advanced and began to arrest Jews, but there were no spontaneous pogroms. Only by the Security Police and the S.D. were the Jews gradually executed as they became no longer required for work. Today there are no longer any Jews in Estonia.”

That document is a top secret document by Einsatz Group A, which was a speciai projects group. This chart, of which the photostatic copy is attached to the original in the German translation on the wall, shows the progress of the extermination of the Jews in the area in which this Einsatz Kormnando Group operated.

If your Honour will refer to the top, next to St. Petersburg, or Leningrad as we know it, you will see down below the picture of a coffin, and that is described in the report as 3,600 having been killed.

Next over, at the left, is another coffin in one of the small Baltic States, showing that 963 in that area have been put in the coffin.

Then next, down near Riga, you will note that 35,238 were put away in the coffins, and it refers to the ghetto there as still having 2,500.

You come down to the next square or the next State showing 136,421 were put in their coffins, and then in the next area near Minsk, and just above it there were 41,828 put in their coffins.

THE PRESIDENT: Are you sure that they were executed, the 136,000, because there is no coffin there.

COLONEL STOREY: Here are the totals from the documents.

THE PRESIDENT: These photostatic copies are different from what you have there. In the area which is marked 136,421 there is no coffin.

COLONEL STOREY: Well, I am sorry. The one that I have is a true and correct copy.

THE PRESIDENT: Mine has not got it and Mr. Biddle’s has not got it.

COLONEL STOREY: Will you hand this to the President, please ?

THE PRESIDENT: 1 suppose the document itself will show it.

COLONEL STOREY: I will turn to the original and verify it. Apparently there is a typographical error. If your Honour pleases, here it is, 136,421, with the coffin.

THE PRESIDENT: Mr. Parker points out it is in the document itself too.

COLONEL STOREY: Yes, sir, it is in the document itself. There is an error on that.

The 128,000 at the bottom shows that at that time there were 128,000 on hand; and the literal translation of the statement, as I understand, means “Still on hand in the Minsk area.”

I next refer to Document 1104-PS, Volume 2, Exhibit USA 483, which I now offer in evidence.

THE PRESIDENT: Colonel Storey, did you tell us what the document was ? There is nothing on the translation to show what the document is.

COLONEL STOREY: If your Honour pleases, it is a report of the special purpose Group A, or the Einsatz Group A, a top secret report, in other words, making a record of their activities in these areas, and this chart was attached showing the areas covered.

THE PRESIDENT: Special group of the Gestapo?

COLONEL STOREY: The special group that was organised of the Gestapo and the S.D. in that area. In other words, a Commando Group.

As I mentioned, your Honour, they organised these special commando groups to work with and behind the armies as they consolidated their gains in occupied territories, and your Honour will hear from other reports of these “Einsatz ” groups as we go along in this presentation. In other words, “Einsatz ” means special action or action groups, and they were organised to cover certain geographical areas behind the immediate front lines.

THE PRESIDENT: Yes, but they were groups, were they, of the Gestapo ?

COLONEL STOREY: The Gestapo and the S.D.

THE PRESIDENT: Well, that is part of the Gestapo.

COLONEL STOREY: There were some of the Kripo in it, too.

Now, the next document is 1104-PS, dated 30th October, 1941. This document shows on that date the Commissioner of the territory of Sluzk wrote a report to the Commissioner of Minsk, in which he severely criticised the actions of the Einsatz Commandos of the Sipo and the S.D. operating in his area for the murder of the Jewish population of that area, and I quote the English translation, on Page 4 of that document beginning at the first paragraph:

“On 27th October in the morning, at about 8 o’clock a first lieutenant of the Police Battalion No. 11, from Kauen (Lithuania) appeared and introduced himself as the adjutant of the Battalion Commander of the Security Police. The first lieutenant explained that the Police Battalion had received the assignment to effect the liquidation of all Jews here in the town of Sluzk within two days. The Battalion Commander, with his battalion in strength of four companies, two of which were made up of Lithuanian partisans, was on the march here and the action would have to begin instantly. I replied to the first lieutenant that 1 had to discuss the action in any case first with the Commander. About half an hour later the Police Battalion arrived in Sluzk. Immediately after the arrival, a conference with the Battalion Commander took place according to my request. I first explained to the Commander that it would not very well be possible to effect the action without previous preparation, because everybody had been sent to work and it would lead to a terrible confusion. At least it would have been his duty to inform me a day ahead of time. Then I requested him to postpone the action one day. However, he rejected this with the remark that he had to carry out this action everywhere and in all two days, the town of Sluzk had to be cleared of Jews by all means.”

That report was made to the Reich Commissioner for the Eastern Territories through Gauleiter Heinrich Lusch at Riga. Your Honour will recall that he was referred to in another presentation.

Now, skipping over to Page 5. The first paragraph, I would like to quote it:

“For the rest, as regards the execution of the action, I must point out to my deepest regret that the matter bordered on sadism. The town itself offered a picture of horror during the action. With indescribable brutality on the part of both the German Police officers, and particularly the Lithuanian partisans, not only the Jewish people, but also White Ruthenians, were taken out of their dwellings and herded together. Everywhere in the town shots were to be heard, and in different streets the corpses of shot Jews accumulated. The White Ruthenians were in the greatest distress to free themselves from the encirclement. Regardless of the fact that the Jewish people, among whom were also tradesmen were mistreated in a terribly barbarous way, in front of the White Ruthenian people, the White Ruthenians themselves were also worked over with rubber clubs and rifle butts. There was no question of an action against the Jews any more. It rather looked like a revolution.”

And then I skip down to the next to the last paragraph on that same page; quoting:

“In conclusion, I find myself obliged to point out that the Police Battalion has looted in an unheard of manner during the action, and that not only in Jewish houses but just the same in those of the White Ruthenians, anything of use such as boots, leather, cloth, gold and other valuables, has been taken away. On the basis of statements of members of the Armed Forces, watches were torn off the arms of Jews in public, on the street, and rings were pulled off the fingers in the most brutal manner. A major of the Finance Department reported that a Jewish girl was asked by the police to obtain immediately 5,000 roubles to have her father released. This girl is said to have actually gone everywhere in order to obtain the money.”

There is another paragraph with reference to the number of copies – on the third page of the translation – to which I would like to call your Honour’s attention. The last paragraph on Page 3 of the translation, quoting:

“I am submitting this report in duplicate so that one copy may be forwarded to the Reich Minister. Peace and order cannot be maintained in White Ruthenia with methods of that sort. To bury seriously wounded people alive who worked their way out of their graves again, is such a base and filthy act that the incident as such, should be reported to the Fuehrer and Reich Marshal.

The civil administration of White Ruthenia makes very strenuous efforts to win the population over to Germany, in accordance with the instructions of the Fuehrer. These efforts cannot be brought in harmony with the methods described herein.”

Signed by the Commissioner General for White Ruthenia.

And then on 11th November, 1941, he forwarded it on to the Reich Minister for Occupied Countries, in Berlin.

THE PRESIDENT: Who was that at that time?

COLONEL STOREY: The Reich Commissioner (I believe it was shown for the Easter occupied country) was the defendent Rosenberg. I think that is correct. On the same date by separate letter the Commissioner General of White Ruthenia reported to the Reich Commissioner for the Eastern Territories that he had received money, valuables, and other objects taken by the police in the action at Sluzk, and other regions, all of which had been deposited with the Reich Credit Institute, for the disposal of the Reich Commissioner.

On 21st November, 1941, a report on the Sluzk incident was sent to the personal reviewer of the permanent deputy of the Minister of the Reich with a copy to Heydrich, who was the Chief of the Security Police and the S.D. That is shown on the first page of Document 1104.

The activities of the Einsatz Groups continued throughout 1943 and 1944 under Kaltenbrunner as Chief of the Security Police and S.D. Under adverse war conditions, however, the programme of extermination was to a large extent changed to one of rounding up slave labour for Germany.

I next refer to Document 3012-PS, which has heretofore been introduced as Exhibit USA igo. This is a letter from the headquarters of one of the Commando Groups, a section known as Einsatz Group C, dated 19th March, 1943. This letter summarises the real activities and methods of the Gestapo and S.D., and I should like to refer to additional portions of the letter, to those previously quoted on Page 2, of Document 30I2- PS, and I think I will read the first page beginning with the first paragraph:

“It is the task of the Security Police and of the Security Service (S.D.) to discover all enemies of the Reich, and to fight them in the interest of security and, in the zone of operations, especially to guarantee the security of the Army. Besides the annihilation of active opponents all other elements who by virtue of their convictions or their past may prove to be active enemies, favourable circumstances provided, are to be eliminated through preventive measures. The Security Police carries out this task according to the general directives of the Fuehrer, with all of the required toughness. Energetic measures are especially necessary in territories endangered by the activity of hostile gangs.

The competence of the Security Police within the zone of operations is based on the ‘Barbarossa ‘ decrees.”

The Tribunal will recall the famous “Barbarossa” code, namely, the decrees that were issued in connection with the invasion of Russia:

“I deem the measures of the Security Police carried out on a considerable scale during recent times necessary for the two following reasons:

1. The situation at the front in my sector had become so serious, with the population partly influenced by Hungarians and Italians who streamed back in chaotic condition and took, openly, positions against us.

2. The strong expeditions by hostile gangs who came especially from the Forest of Bryansk were another reason. Besides that, other partisan groups formed by the population appeared suddenly in all districts. The providing of arms was evidently no difficulty at all. It would have been irresponsible if we had observed this whole activity without acting against it. It is obvious that all such measures necessitate some harshness.”

I want to take up the significant point of the harsh measures.

1. Shooting of Hungarian Jews

2. Shooting of Agronoms.

3. Shooting of children.

4. Total burning down of villages.

5. “Shooting” – I quote -“while trying to escape”, of Security Service (S.D.) prisoners.

“Chief of Einsatz group C confirmed once more the correctness of the measures taken, and expressed his recognition of the energetic action. With regard to the current political situation, especially in the armament industry in the Fatherland, the measures of the Security Police have to be subordinated to the greatest extent to the recruiting of labour for Germany. In the shortest possible time the Ukraine has to put at the disposal of the armament industry 1,000,000 workers, Some of whom have to be sent from the territory daily.”

Your Honour, please, I believe the numbers have been quoted before by Mr. Dodd. I refer on the next page, to the first order in sub-paragraphs 1 and 2:

“1. Special treatment is to be limited to the minimum.

2. Communist functionaries, agitators, and so on, will only be listed for the time being, without being arrested. It is, for instance, no longer feasible to arrest all the close relatives of a member of the Communist Party. Also members of the Konisomolz are to be arrested only if they occupied leading positions.”

The next paragraphs have been read into evidence, 3 and 4, in a previous presentation. I will read:

“No. 5. The reporting of hostile gangs, as well as drives against them, is not affected hereby. All drives against those hostile gangs can take place only after my approval has been obtained. The prisons have to be kept empty as a rule, and we have to be aware of the fact that the Slavs will interpret the soft treatment on our part as weakness, and that they will act accordingly right away. If we limit our harsh measures of the Security Police through the above orders for the time being, that is only done for the reason that the most important thing is the recruiting of workers. No check of persons to be sent into the Reich will be made. No written certificates of political reliability check, or similar things, will be issued. Signed by Christensen, S.S. Sturmbannfuehrer and commanding officer.”

I understood that your Honour wanted to adjourn at four o’clock, and I believe that I can introduce one more statement. It was the Einsatz Groups of the Security Police and S.D. that operated the infamous death vans. Document 501-PS, which was received as Exhibit USA 288, has previously referred to this operation. The letter from Becker, which is a part of this exhibit, was addressed to Obersturmbannfuehrer Rauff at Berlin. We now refer to Document L-185. I simply refer to Document 501-PS as a reference to the death vans. The Document L-185, Exhibit USA 484, is the one I am now offering in evidence, Page 7 of the English translation, L- 185. It will be observed that the Chief of Amt. II D of the R.S.H.A. in charge of technical matters was Obersturmbahnfuehrer Rauff. Mr. Harris advises me that the only point to be proved by that is that Amt. II of the R.S.H.A., who made this report on technical matters, was the Obersturmbahnfuehrer Rauff, and then he refers in the same connection to Document 2348-PS, which is Exhibit USA 485. The previous one was to identify Rauff, and then to offer his affidavit, which is Document 2348-PS, second volume. Reading from the beginning of the affidavit, which was made on 19th October, 1945, in Ancona, Italy,

“I hereby acknowledge the attached letter written by Dr. Becker on 16th May, 1942, and received by me on 29th May, 1942, as a genuine letter. I did, on 18th October, 1945, write on the side of this letter a statement to the effect that it was genuine. I do not know the number of death vans being operated, and cannot give an approximate figure. The vans were built by the Saurer Works, Germany, located, I believe, in Berlin. Some other firms built these vans also. In so far as I am aware these vans operated only in Russia. In so far as I can state these vans were probably operating in 1941, and I personally believe that they were operating up to the termination of the war.”

If your Honour pleases, I do not think that we will have time to go into the next exhibit.

THE PRESIDENT: Very well. Then the Tribunal will now adjourn until Wednesday, 2nd January.

(The Tribunal adjourned to 2nd January, 1946, at 1000 hours.)

 

 

 

 

[top]

Leave a Reply

Your email address will not be published. Required fields are marked *