In addition they had the task of clearing the area of Jews, communist officials and agents. The lastnamed task was to be accomplished by killing all racially and politically undesirable elements seized, who were considered dangerous to the security." I and offered as Proseuction Exhibit 12, is a directive issued on 11 November 1942 by the Reich Commissioner for the Eastern Administration. This document made it clear that the carrying out of executions, especially the liquidation of Jews, was the task of the Security Police and the SD. Heydrich on 23 April 1942 sent to Ribbentrop a monthly report on Einsatz Gruppen activities. This is Document NO2662 found on page 48 of Document Book I and is offered as Prosecution Exhibit 13. It is on page 46 of the German document book. Here under the heading of "Executive Operations" the report has two separate sections dealing with the actions taken against Jews and Communists. ment Book I as Prosecution Exhibit 14. This is the infamous Operational Order No. 8 from Heydrich, Chief of the Security Police, issued to all Einsatz Gruppen in July 1941 describing his duties in purging prisoner-of-war camps. I quote:
"I am enclosing directives for the purging of the prisoner camps which contain Soviet Russians."
"I request that the chiefs of the Einsatzgruppen try to execute the purge of the transit camps with their own forces as far as possible." segregate civilians and prisoners of war to select those considered politically intolerable.
Enclosure 2 states and I quote:
"Above all it is necessary to find out all important officials of the State and the Party, in particular professional revolutionaries, the officials of the Comintern, all influential party officials of the Communist Party of the Soviet Union and its subdivisions in the central committees, the regional and district committees, all People's Commissars and their deputies, all former political commissars in the Red Army, the leading personalities on the central and intermediate level of the State administration, the leading personalities of the economy, the Soviet-Russian intellectuals, all Jews, all persons found to be agitators or fanatical Communists."
Then follows:
"In order to carry out successfully the measures indicated in these instructions the Kommandos will request the camp authorities to surrender the prisoners in question.
"Executions must not be carried out in or near the camp. If the camps are in the Government-General close to the frontier, prisoners are to be moved to former Soviet territory, if possible, for special treatment." things in their Judgment stating:
"Soviet prisoners of war in prisoner-of-war camps in Germany were screened by Einsatzkommandos acting under the directions of the local Gestapo officers. Commissars, Jews, members of the intelligentsia, 'fanatical Communists' and even those who were considered incurably sick were classified as 'intolerable' and exterminated." cution Exhibit 15. It is found on page 64 of the document book, page 82 of the German copy.
already been introduced, swore in an affidavit he made in 1945, Document No. 2542-PS found on page 65 of the Document book and offered as Prosecution Exhibit 16, that Himmler had given orders to execute captured Russian political commissars and Jewish soldiers. In the prisoner-of-war camps on the Eastern front Einsatzkommandos had to segregate the prisoners for candidates for execution. This affidavit was read in part in the Judgment of the International Military Tribunal. Document NO-4763 is a part of the Judgment and I offer it as Prosecution Exhibit 17. It states and I quote from page 67 of the document book, page 86 of the German document book:
"There existed in the prisoner-of-war camps on the Eastern Front small screening teams (Einsatzkommandos), headed by lower ranking members of the Secret Police (Gestapo). These teams were assigned to the camp commanders and had the job to segregate the prisoners of war who were candidates for execution according to the orders that had been given, and to report them to the office of the Secret Police."
A few months after issuing Operational Order No. 8, the Chief of the Security Police sent another important order to the Einsatzkommandos. This is Document NO-3421found on page 68 of the document book and offered as Prosecution Exhibit 18. It is on page 87 of the German book. It states -
DR. ASCHENAUER: Dr. Aschenauer for defendant Ohlendorf. 3421. The Prosecutor has just explained that that was an order to the Einsatzkommandos in the East. Looking at it at first it shows that the Einsatzkommandos in the East were not addressed here. They only meant the Einsatz kommandos which had assembly points in the individual prisoner-of-war camps in the Reich.
This document is not connected with the question raised by the Prosecution. For that reason I ask you to sustain my objection.
THE PRESIDENT: What is your view on this, Mr. Ferencz?
MR. FERENCZ: If it please Your Honor, what the Defense Counsel has pointed out is something which would go to the probative value of the particular document. I do not agree with his interpretation of it. Of course, that is a matter for the Court to decide. As such, we request that the Court accept this document as an exhibit. If as the Defense Counsel contends, it has no value in. this case, the Court will certainly recognize that and can discard the document.
DR. ASCHENAUER: Your Honor, I did not talk about the probative value but only about the distributor. On page 2 of the document it reads:
"To all Main Offices of the State Police, information to the Reichsfuehrer-SS and Chief of the German Police, to the Chief of the SIPO and the SD, to the Chiefs of the Amt I, II, III, IV, V, VI, and VII, to the Departments IV D 2, IV D 3 and IV foreign workers, to the Group Leader IV D, SS-Obersturmbannfuehrer Dr. Weinmann, to all higher SS and Police Leaders, to all Inspectors of the SIPO and the SD, to the Commander of the SIPO and the SD, to the Inspector of the concentration camps, to all Commanders of concentration camps."
That is the distribution list. All these offices were informed about the Order. Only the chiefs of the Einsatzkommandos in the East were not informed about it. For that reason I do not understand what this document has to do with the presentation of the Prosecution. The document is irrelevant. For that reason I ask you not to accept it.
I do not want to mention anything about the contents.
THE PRESIDENT: The mere fact that it is not addressed to the Einsatz Gruppen of itself would not be a valid objection because in the very nature of things in unfolding the history of this operation, we will need to have documents other than those which are addressed directly to the defendants; so that of itself would not be a sufficient objection. If, however, you can show that the contents of the document in no way affected the defendants, then that would be another matter and that would go to the probative value.
DR. ASCHENAUER: In that case, Your Honor, I want to postpone it until I present my evidence.
THE PRESIDENT: Well, Judge Speight calls to my attention on page 68 the sentence which reads;
"The surplus copies attached are to be distributed to the leaders of the Einsatzkommandos."
DR. ASCHENAUER: Your Honor, I also found this sentence but the sentence does not refer to the Einsatzkommandos in the East but to the Einsatzkommandos of the SIPO and SD concerning the concentration camps in the Reich. That is a question we wish to examine when we present out evidence.
MR. FERENCZ: Your Honor, since we are on this point, I would like to point out, too, that in the heading it makes reference to Operational Orders 8 and 9. This is on page 68 of the document now before you. I have just read part of Operational Order 8. I refer the Tribunal back to page 56 of the document book which is Operational Order No. 8. There it gives the distribution list again and since Defense Counsel has seen fit to read the entire list in the second document, I will read the entire distribution list or part of it at least in the first document which is referred to in the second, and it says:
"To the Einsatzgruppe A, Sonderkommando Ia, Sonderkommando Ib, Einsatzkommando II, Einsatzkommando III, Einsatzgruppe B, Sonderkommando VII a, Sonderkommando VII b, Einsatzkommando VIII, Einsatzkommando IX, Einsatzgurppe C, Sonderkommando IV a, Sonderkommando IV b, Einsatzkommando V, Einsatzkommando VI."
THE PRESIDENT: Mr. Ferencz, the document will be accepted and admitted for such probative value as will be determined later.
MR. FERENCZ: Yes, sir.
DR. STVEBINGER: Dr. Stvebinger for defendant Werner Braune. this document 5414. At the bottom of page 6 -
THE PRESIDENT: Which one are you referring to? Which one are you referring to?
DR. STVEBINGER: Document No. 3414.
THE PRESIDENT: What page is that in the American document book?
DR. STVEBINGER: I only have the German one in front of me. Page 67 in the German document book.
THE PRESIDENT: Very well. What is the objection?
DR. STVEBINGER: This document bears at the bottom of page 6 the stamp "Higher State Police, Secret State Police Office." I wish to point out that no such stamp existed ever. No "Higher State Police" in that sense never esisted.
MR. FERENCZ: May 7 point out, Your Honors, this is completely collateral. The Court has the document before it end can test the authenticity of the document.
THE PRESIDENT: The objection is overruled and the Prosecution will continue.
MR. FERENCZ: Another top secret order deals with the same subject. It is Document NO-3422 found on page 71 of the document book and now offered as Prosecution Exhibit 19. I will read a few extracts:
"Enclosed please find the directives for the purging of the prisoner-of-war camps and transit camps containing Soviet prisoners of war and civilian prisoners in the Rear army area; for your information and observance (see Enclosure 1).
"In particular I order that the operations order number 8 and 14 as well as the supplementary ordinance issued to them be destroyed immediately in case of danger."
Further on page 75 it states;
"The chiefs of the Einsatzgruppen for their zone of operation will submit to me monthly brief reports on the activity of the Sonderkommandos according to the pattern laid down for the activity reports of the Sonderkommandos."
On page 76 it states:
"In agreement with the commanding officers of the rear army area (district commanders for prisoners of war), the operations of the Sonderkommandos have to be regulated in such way that the segregation is effected as unobtrusively as possible and that the liquidations are carried out without delay and at such a distance from transit camps and villages as to insure their not becoming known to the other prisoners of war and to the population." every Kommando represented in the dock. ment book is offered as Prosecution Exhibit 20. This is on page 107 of the German book. This is an operational situation report stating that:
"Directives given by the Reich Main Security Office Liquidation of State officials and of Party officials took place in all mentioned towns of White Russia; Jews were dealt with according to orders in the same manner.
The individual numbers of executions has not yet been established." book and page 109 of the German copy is offered as Prosecution Exhibit 21. This is an Einsatzgruppe report dated the 14th day of January, 1942, and stating on page 83, page 114 of the German book:
"Efforts are being made to purge the Eastern territory of Jews as completely as possible. Shootings were carried out in such a way as to attract as little public attention as possible." impelled to execute those whose political opinion, race or religion differed from their own. Thus, in Document NO3340, German document book page 119 and found on page 86 of Document Book I, which is offered as Prosecution Exhibit 22, Einsatzgruppe A reported that they had to shoot 140 persons near Leningrad, some of them for "membership in the Jewish race."
121 of the German document "book, is now offered as Prosecution Exhibit 23. Here, Einsatzgruppe C reported their principal duty, apart from liquidating the party organizations and cleansing the country of Jews, was combatting partisans. This indicated that the destruction of the Communist party and the Jews was regarded as a routine matter by them. Einsatzgruppe D reported in Document NO-3139, page 123 of the German document book, found on page 91 of the English document book, and offered as Prosecution Exhibit 24; that they had solved the first part of the Jewish question when the Jews had been registered and herded into a few streets. The Einsatzgruppen knew in advance what they were going to do. The basic orders were given to them before the invasion of Russia, and in accordance with those instructions the Einsatzgruppen were able to plan their future operations. This is illustrated by the report of 22 August 1941, Document NO-2842, found on page 93 of the document book and page 127 of the German book, and offered as Prosecution Exhibit 25. Here the plans of the Einsatzgruppe C were disclosed. The plans reported were to round up the Jews in certain villages, liquidate them, and raze the villages to the ground. When the Einsatzgruppen wrote of their plans to destroy all the Jews, they meant exactly what they said. An old woman or an infant of Jewish blood were subjects fit only to be shot. NO-3644, found on page 100 of the document book, page 134 of the German book, and offered as Prosecution Exhibit 26, and I quote:
"Rasch informed us that Obergruppenfuehrer Jeckeln had been to see him and had transmitted an order by the Reichsfuehrer-SS, implying that all Jews were to be shot. Only in cases where Jews were required for purposes of labor, consideration as to their executions should "be given. Jewish women and children were, if necessary, to be shot as wall in order to prevent acts of revenge."
without foundation, as can he shown in a secret letter sent from the Eastern front on the second of December 1941 by the Inspector of Armaments. This letter, Document 3257-PS, found on page 103 of the Document Book, 136 of the German document book, and offered as Prosecution Exhibit 27, was addressed to Gen. Thomas, chief of the Industrial Armament Department in Berlin. The Inspector, who was chiefly disturbed by the annihilation of laborers needed for production, had the following to report, and I quote:
"The attitude of the Jewish population was anxious, obliging from the beginning. They tried to avoid everything that might displease the German administration. That they hated the German administration and army inwardly goes without saying, and cannot be surprising. However, there is no proof that Jewry as a whole, or even to a greater part, was implicated in acts of sabotage. Surely, there were some terrorists or saboteurs among them, just as among the Ukrainians. But it cannot be said that the Jews, as such, represented a danger to the German armed forces..."
DR. ASCHENAUER (Counsel for defendant Ohlendorf): Your Honors, I beg your pardon, but I have to interrupt. I must object to this document. This document 3257 does not bear any signature also nothing can be seen from the document as to its origin. It says the Ukrainian Inspector--therefore, it is nothing but a paper. The document does not show by whom it was sent, or whether it was sent off. Therefore, for that reason I contest the authenticity of this document and ask you not to accept it.
MR. FERENCZ: The objection made is that the document is not signed. There is no requirement that documents be signed in order to be admissible into evidence. The document is a captured German document introduced exactly as we found it. The Court is able to judge its authenticity and to judge its probative value. I don't feel that any further comments are necessary.
THE PRESIDENT: This document would fall into the same classification of the one we ruled on immediately after the recess period, that it was found in the German archives with every indication of authenticity. Therefore, it will he admitted for such probative value as will be determined later on.
MR. FERENCZ: If Tour Honors please, I will begin again to read, the quote. In this letter, sent to the head of the Industrial Armament Section in Berlin: "The attitude of the Jewish population was anxious, obliging from the beginning. They tried to avoid everything that might displease the German administration. That they hated the German administration and army inwardly goes without saying and cannot he surprising. However, there is no proof that Jewry as a whole, or even to a greater part, was implicated in acts of sabotage. Surely, there were some terrorists or saboteurs among them--just as among the Ukrainians. But it cannot he said that the Jews, as such, represented a danger to the German armed forces. The output produced by Jews who, of course, were prompted by nothing hut the feeling of fear, was satisfactory to the troops and the German administration."
"The Jewish population remained temporarily unmolested shortly after the fighting. Only weeks, sometimes months later, specially detached formations of the police (Ordnungspolizei) executed a planned shooting of Jews. This action as a rule proceeded from east to west. It was done entirely in public with the use of the Ukrainian militia and unfortunately in many instances also with members of the armed forces taking part voluntarily. The way these actions, which included men and old men, women and children of all ages, were carried out was horrible. The great masses executed make this action more gigantic than any similar measure taken so far in the Soviet Union. So far about 150,000 to 200,000 Jews may have "been executed in the part of the Ukraine belonging to the Reichskommissariat; no consideration was given to the interests of economy."
they wrought. The Germans were characteristically systematic and efficient in their murders. There are no records in history more shameful to mankind than the description of the methods used in the Nazi program of genecide.
I will read further from Ohlendorf's affidavit which was introduced as Prosecution Exhibit Ho. 9, and it is on page 35 of the document book, page 40 of the German copy.
"In the implementation of this extermination program, the Special Commitment Groups (Einsatzgruppen) were subdivided into Special Commitment Detachments (Einsatzkommandos), and the Einsatzkommandos into stil smaller units, the so-called Special Purpose Detachments (Sonderkommandos) and Unit Detachments (Teilkommandos). Usually, the smaller units were led by a member of the SD, the Gestapo or the Criminal Police. The unit selected for this task would enter a village or city and order the prominent Jewish citizens to call together all Jews for the purpose of resettlement. They were requested to hand over their valuables to the leaders of the unit, and shortly before the execution to surrender their outer clothing. The men, women, and children were led to a place of execution, which in most cases was located next to a more deeply excavated anti-tank ditch. Then they were shot--kneeling or standing--and the corpses thrown into the ditch, I never permitted the shooting by individuals in the Group D, but ordered that several of the men should shoot at the same time in order to avoid direct, personal responsibility. The leaders of the unit, or a specially designated persons, however, had to fire the last bullet against those victims which were not dead immediately. 1 learned from conversations with other group leaders that some of them demanded that the victims lie down flat on the ground to be shot through the nape of the neck. I did not approve of these methods." standard procedure for executions. His affidavit, Document NO-3055, offered as Prosecution Exhibit 28, page 143 of the German book, and page 107 of the English book, indicates, too, that the killers were without humanity.
"As commissioner of Ohlendorff I followed his orders. I went to the gypsy quarter of Simferopol and supervised the loading of the persons, who were to be shot, into a truck. I took care that the loading was completed as quickly as possible, and that there were no disturbances and unrest by the native population. Furthermore, I took care that the condemned persons were not beaten while the loading was going on. Since it was my task to supervise the whole execution, I would only stay a short time at each phase of it. The -place which was designated for the shooting of these Russians and Jews was several kilometers outside of Simferopol and about 500 meters off the road in an anti-tank ditch. Among other things, I ascertained that the traffic in that region was stopped by persons designated for this, and was detoured on side roads. When the condemmed persons arrived at the place of execution they were ordered to leave their money, their valuables and papers at a place designated for this. I watched that none of the deposited items were kept by the SS- and Orpo men who were designated for the collection. The depositing of this property by the condemned persons was finished without the use of force. I supervised this phase carefully in order that all the valuables could be handed over to the Einsatzgruppe D for subsequent remittance to Berlin."
"For a short time, when the people who were to be shot were already standing in their positions in the tank ditch, I supervised the actual shooting, which was carried out in strictest conformity with Ohlendorff's order--in a military and humane manner as far as possible. She people were shot with sub-machine guns and rifles. I know that it was of the greatest importance to Ohlendorff to have the persons who were to be shot killed in the most humane and military manner possible, because otherwise, in other methods of killing, the moral strain would have been too great for the execution squad." execution squad, but the only concern for the unfortunate victim was that he be standing in the proper position in the tank ditch before he was shot.
killing which would eliminate some of the work for the executions. He states in paragraph 5 of his affidavit, Document NO-4314, German document book page 145, and offered as Prosecution Exhibit No. 29-I see there is another objection coming. I will continue the quote later.
DR. BERGOLD (Counsel for defendant Biberstein): Your Honors, I wish to make an explanation on principle here. From the document books of the Prosecution I understand that there is only one item of evidence against Biberstein, his own affidavit, which the Prosecution is about to submit. I talked about this case, and I wish to reserve the right to make objections, I cannot specify them exactly now. I wish to state that this decisive interrogation not always conducted according to the regulations on interrogations, as usual in an English court; and secondly that it does not contain the complete interrogation of the defendant--but only part of it--which therefore cannot be understood very well. For that reason I ask to reserve the right to object to this at a later time.
MR. FERENCZ: As I understand it, Dr. Bergold wishes to reserve his right to object to this document at a later time. We have no objection to that,,
THE PRESIDENT: The right is reserved.
MR. FERENCZ: I have just offered this document NO-4314 as Prosecution Exhibit 29. It is found on page 112 of the document book. Here the defendant Biberstein states:
"The persons to be executed had to kneel down on the edge of a grave and members of my Kommandos shot them in the back of the neck with an automatic pistol. The persons thus killed mostly dropped straight into the pit. I had no special expert for those shot in the neck. No physician was present either at this form of execution."
Occasionally the Germans tried to disguise their actions. The Jews were ordered to assemble and ware told that they were going to "be resettled. Thus page 15 of the report of 7 October 1941, which is Document NI-3140, found on page 116 of the document book, page 155 of the German, and offered as Prosecution Exhibit 30, we have this statement:
"The resettlement measure against the Jews was throughout approved by the population. The fact that in reality the Jews were liquidated was hardly known until now." page 159 of the German, and now offered as Prosecution Exhibit 31-
DR. HEIM (Counsel for defendant Blobel): Your Honors, I object to the affidavit of defendant Blobel. I ask that Document No. 3824 only to be permitted under the condition that Mr. Wartenberg, who took this affidavit, may be crossexamined. In this examination I want to show that this affidavit is an excerpt from a longer interrogation of defendant Blobel and that sentences of the affidavit taken out of the context give quite a different meaning than the defendant Blobel gave in the original examination--and wanted to give. In the course of examination it is supposed to be shown that the defendant Blobel, before signing the affidavit, wanted to make necessary corrections. His request was not granted, however, because he would have the opportunity to do this during the next interrogation. This interrogation which he was promised, however, never took place.
MR. FERENCZ: The Prosecution has absolutely no objection to the defendant who made this affidavit taking the stand in his case and explaining to the Court exactly how the affidavit was made, or any corrections he wishes to make at that time.
THE PRESIDENT: Dr. Heim, that is the inevitable right of every defendant.
MR. FERENCZ: I will now read the affidavit in question:
"During the period of my service as chief of the Sonderkommando IV-A, from the time of its organization in June 1941 until January 1942, I was assigned at various occasions for the execution of Communists, saboteurs, Jews, and other undesirable persons.
I can no longer remember the exact number of the executed persons. According to a superficial estimate, the correctness of which I cannot guarantee, I presume that the number of executions in which the Sonderkommando IV-A took a part lies somewhere between 10,000 and 15,000. I witnessed several mass executions, and in two cases I was ordered to direct the execution. In August or September 1941 an execution took place near Korosten. Seven hundred to 1,000 men were shot, and Dr. Rasch was present at the execution. I had divided my unit into a number of execution squads of thirty men each. First, the subordinated police of the Ukrainian militia, the population and the members of the Sonderkommando seized the people, and mass graves were prepared.
execution, 15 men were led in each case to the brink of the mass grave, where they had to kneel down, their faces turned toward the grave. At that time, clothes and valuables were not yet collected. Later on this was changed."
"1) The execution squad was composed of menof the Sonderkommando 4A, the military and the police. When the men were ready for the execution, Sonderkommando leaders, who were in charge of these execution squads gave the order to shoot since they were kneeling on the brink of the mass grave , and the victims fell , as a rule, at once into the mass grave. I have always used rather large execution squads, since I declined to use men who were specialists for shots in the neck, Each squad shot for about one hour and was then replaced. The persons which still had to be shot were assembled near the place of the execution and were guarded by members of that squad which at that moment did not take part in the execution.
II) I supervised personally the execution which I have described here and I saw to it that no encroachments took place." Not content with merely slaughtering people in open fields, the SS devised a mechanical method for murder.
The defendant Biberstein declares in his affidavit, No. 4314, which was just introduced as Prosecution's Exhibit 29, declared on page 113, and this is page 146 of the German book:
"I personally superintended an execution in Rostow, which was performed by means of a gas-truck. The persons destined for death, after their money and valuables ' sometimes the clothes also) had been taken from them, were loaded into the gas-truck which held be tween 50 and 60 people.
The truck was then driven to aplace outside the town where members of my Kommando had already dug a massgrave. I have spasms.
No physician was present at unloading to certify that the people were really dead." the ordinary massacres. In a letter sent to Berlin, Document No. 501 P.S. found on page 134 of the English document boo, 165 of the German book, and offered as Prosecution's Exhibit 32, an SS Lieutenant Becker, who was in charge of the vans complained about these difficulties: vans of Einsatzgruppen C and D had to be overhauled. Even though these vans were camouflaged as house trailers they soon became known to the civilian population as death vans. The Commandoes used their own men to unload the bodies after the gassing for they feared that if prisoners were used for this work, they might escape.
Lt. Becker explained that this work might cause serious psychological and physical injury to the commando men who had to do the unloading. methods used in these executions, I will now read excerpts from an eye-witness account. This account was given before the International Military Tribunal and a large portion of it was read into the judgment as a finding of fact. man, Document NO 2992 PS, and is offered as Prosecution's Exhibit 33. Part of this affidavit was read in the opening statement. I will read another part.
The witness, a german, Hermann Graebe , here states:
the earth mounds . The people who had got off the trucks -men, of an SS-man, who carried a riding or dog whip.
They had to put shoes, top clothing and underclothing.
I saw a heap of shoes of with a whip in his hand.
During the 15 minutes that I stood near the pit I heard no complaint or plea for mercy.
I watched a family about 20 to 24.
An old woman with snow-white hair was holding the it.
The child was cooing with delight. The couple were looking on with tears in their eyes.
The father was holding the hand of a boy of about 10 years old and speaking to him softly; the boy was fighting his tears.
The father pointed toward the sky, stroked his head, and seemed to explain something to him.
At that moment the SS-man at the pit shouted something to his comrade.
The latter earth mound.
Among them was the family, which I have mentioned.
passed close to me, pointed to herself, and said, "23". I walked grave.
People were closely wedged together and lying on top of each other so that only their heads were visible.
Nearly all had blood running over their shoulders from their heads.
Some of the people shot were still moving.
Some were lifting their arms and turning their heads to show that they were still alive.
The pit was already 2/3 full.
I estimated that it already contained about 1000 people."
Mr. Clancy will continue with Document Book 2.