CAPTAIN HARRIS: Up to this point we have been speaking of the German measures in the incorporated area. I should like now briefly he turn to the Germanization program an the Government General. the *---* who qualified as Germans by the conspirators' standards. Hence little would be served by the introduction of a Racial Register, categorising persons of German extraction on the model of the one instituted in the incorporated area, and to our knowledge no such Racial Register was prescribed in the Government General. Rather, the plan seems to have been (a) to make the Government General a colony of Germany, which-as your Honors will recall from document 3364-36 which has been introduced as USA Exhibit 297 -which was the objective expressed by the Defendant Frank and (b) to create two so-called "German Island Settlements" in the productive farming areas. These Island Settlements were to be created by an influx of German persons who faithfully adhered to the principles of National Socialism.
In this connection I offer in evidence document No *---*-PS This is USA Exhibit No. 310. These are secret notes bearing the date line: Department of the Interior, Krakow, 30th March, 1942, and they concerned Himmler's statements upon the "planned Germanization" of the Government General. This document was obtained from the Third Army Intelligence Center at Freising, Germany and I now quote from page 2 of the English text, from line 3 to the end of the report. This appears in the German text at page 2, line 21, to the end of the report. The document states, and I quote:
"The Reischsfuehrer SS (Himmler) developed should first be filled; afterwards it is intended least.
Into the Government General perhaps newly transplanted from European nations.
An not been issued.
In any case, it is wished populations.
Hitherto, it has been always most quickly to the desired nationalization."
No. 2233-PS-H. This is Defendant Frank's Diary, 1941, volume II, page 317. This is USA Exhibit No. 311. I quote from the last sentence at the bottom of our page 3 of the English text of this exhibit. In the German text this passage appears on page 317, lines 25 to 28. English text is at the bottom of page 3, the last sentence. Defendant Frank stated in this Diary, and I quote: "Thanks to the heroic courage of our soldiers, this territory has become German, and the time will come when the valley of the Vistula, from its source to its mouth at the sea, will be as German as the Valley of the Rhine." earlier, that is, the conspirators' plans to confiscate the property of Poles, Jews and dissident elements. As I previously mentioned, the evidence will show that these plans were designed to accomplish a number of objectives. In so far as the Jews were concerned, they were part and parcel of the conspirators' over-all program of extermination. Confiscation was also a means of providing property for German settlers and of rewarding those who had rendered faithful service to the Nazi State. This phase of their program likewise made available dispossessed Polish farmers for slave labor in Germany, and operated to further the conspirators' objective of preventing the growth of another generation of Poles. property of Poles in furtherance of their Germanization and slave labor program is contained in document No. 1352-PS, previously introduced by Mr. Dodd as USA Exhibit No. 176. This exhibit contains a number of reports by one, Kusche, who appears to have been one of Himmler's chief deputies in Poland.
Mr. Dodd quoted from one of Kusche's confidential reports, dated 22nd May, 1940, at our page 4, paragraph 5 of the English text. In the German text it is at page 9, lines 16 to 18. In this statement Kusche pointed out that it was possible, without difficulty, to confiscate small farms and that -- and I now quote -- "The former owners of Polish farms together with their families will be transferred to the old Reich by the employment agencies for employment as farm workers."
the same Exhibit and bearing the same date -- 22 May 1940. I think the upper right-hand corner numbers might simplify it. The report from which I now quote is marked secret and is entitled "details of the confiscation in the Bielitz country". Initially, I should like to quote from the last paragraph at the bottom of page 1 of this Exhibit. This Exhibit, you will recall, is 1352-PS, last paragraph at the bottom of page one. The German text is at page 11, paragraphs 1 and 2. Kunsche stated, and I quote:
"Some days ago the commandant of the concentration camp being built at Auschwitz spoke at Staff Leader Muller's and requested support for the carrying out of his assignments. He said that it was absolutely necessary to confiscate the agricultural enterprises within a certain area around the concentration camp, since not only the fields but also the farm houses of these border directly on the concentration camp. A local inspection held on the 21st of this month revealed the following: there is no room for doubt that agricultural enterprises bordering on the concentration camp must be confiscated at once. Further than this, the camp commandant requests that further plots of farm land be placed at his disposal, so that he can keep the prisoners busy. This too can be done without further delay since enough land can be made available for the purpose. The owners of the plots are all Poles". this same exhibit. The German text is at page 12, paragraph 2, continuing through to line 22 from the top of the page. I quote:
"I had the following discussion with the head of the labor office in Bielitz:
"The lack of agricultural laborers still exists in the old Reich. The transfer of the previous owners of the confiscated enterprises, together with their entire families to the Reich is possible without any further consideration. It is only necessary for the labor office to receive the lists of the persons in time, in order to enable it to take the necessary stops (collection of transportation, distribution over the various regions in need of such labor)".
the English text. The German text appears at page 13, the last three lines, continuing through to page 14, line 9:
"The confiscation of these Polish enterprises in Alzen will also be carried out within the next few days. The commandant of the concentration camp will furnish SS men and a truck for the execution of the action. Should it not yet be possible to take the Poles from Alzen to Auschwitz" and Auschwitz, Your Honors will recall, is where the concentration camp was; continuing the quote - "they should be transferred to the empty castle at Zator. The liberated Polish property is to be given to the needy racial German farmers for their use." issued a decree on September 17, 1940. This decree appears in the "Reichsgesetzblatt", 1940, Part I, page 1270, and I ask the Tribunal to take judicial notice of it. Under Section 2 of this decree, sequestration of movable and immovable property, stores, and other intangible property interests of Jews and "persons who have fled or are not merely temporarily absent" was made mandatory. In addition, sequestration was authorized under Section 2, sub-section 2, if the property were required "for the public welfare, particularly in the interests of Reich defense or the strengthening of Germanism." By section 9 of this decree, issued by Defendant Goering, confiscation of sequestrated property was authorized "if the public welfare, particularly the defense of the Reich, or the strengthening of Germanism, so requires." However, section 1, sub-section 2, of the decree provided that property of German nationals was not subject to sequestration and confiscation; and section 13 provided that sequestration would be suspended if the owner of the property asserted that he was a German. The decree, on its face, indicates very clearly a purpose to strip Poles, Jews, and dissident elements of their property. It was, moreover, avowedly, designed to promote Germanism.
We ask the Court to take judicial notice of it. It is in the Reichsgesetzblatt.
required that a determination be made in each case involving the property of a Pole that the property was required "for the public welfare, particularly in the interests of Reich defense or the strengthening of Germanism." The answer as supplied by the conspirators was firm and clear; In any case in which the property of a Pole is involved, the "strengthening of Germanism" required its seizure. In this connection, I offer in evidence Document No, R-92, which is US Exhibit No. 312. This document, which is dated 15 April 1941, bears the letterhead of the Reich Leader SS, Commissioner for the Consolidation of German Nationhood, and is entitled "Instruction for internal use on the application of the law concerning property of the Poles of 17 September 1940." This document was captured by the U.S. Counter Intelligence Branch. I quote from page 2, lines 11 to 14 of the English text. In the German text this statement appears at page 3, paragraph 2, sub-paragraph 2. I quote:
"The conditions permitting seizure according to section II, subsection 2, are always present if the property belongs to a Pole. For the Polish real estate will be needed without exception for the consolidation of the German nationhood." 24 January 1940, authorizing sequestration "in connection with the performance of tasks serving the public interest", and liquidation of "anti-social or financially unremunerative concerns." The decree is embodied in the "Verordnungsblatt" of the General Government, No. 6, 27 January 1940, page 23, and we ask the Tribunal to take judicial notice of it. The undefined criteria in this decree obviously empowered Nazi officials in the Government General to engage in wholesale seizure of property. The magnitude of the conspirators' confiscation program in Poland was staggering. I ask Your Honors to turn to the chart on the 6th page of Document No. R-92, which was introduced a moment ago into evidence as US Exhibit No. 312. 693,252 estates, comprising 6,097,525 hectares, had been seized, and 9,508 estates, comprising 270,446 hectares had been confiscated by the Estate Offices Danzig, West Prussia, Poznan, Zichenau, and Silesia. This, it will be noted, represented the seizure and confiscation of only four offices.
to Czechoslovakia. At this point of the proceedings we shall introduce only one document upon Czechoslovakia. This one document, however, contains a startling revelation of the conspirators' plans to Germanize Bohemia and Moravia. It relates how three plans, each characterized by its severity, were discussed, and finally how the Fuehrer decided on plan (c), which involved the assimilation of about one half the Czech population by the Germans and the extermination of the other half. Moreover, the plan envisaged a large influx of Germans whose loyalty to the Fuehrer was unquestioned. I offer this document in evidence. It is document No.862-PS, and it is U.S.A. Exhibit No. 313.
This is a top secret report dated 15 October 1940, which was written by General Friderici, Deputy General of the Wehrmacht in Bohemia and Moravia. On the face of the document, it appears that only four copies were made. The document we offer in evidence is the original document, which was found among the captured files of the OKW. This document bears the handwritten letters "K" and "J" on the first page on the left-hand side, and I am advised that the handwriting is unquestionably that of Defendants Keitel and Jodl. I quote the document in its entirety:
"On 9 October of this year the office of the Reich protector held an official conference in which State Secretary SS Lt. General K.H. Frank spoke about the following:" -- SS Gruppenfuehrer K.H. Frank, it may be noted, was Secretary of State under Defendant Von Neurath, who at the date of this report was the Protector of Bohemia and Moravia. Continuing this quotation:
THE PRESIDENT: Who did you say Frank was?
CAPTAIN HARRIS: Frank is SS Gruppenfuehrer, and he was Secretary of State under Defendant Von Neurath. He is not the Defendant Hans Frank. At the date of this particular report Von Neurath, under whom K.H. Frank served, was the protector of Bohemia and Moravia. Continuing the quotation:
"Since creation of the Protectorate of Bohemia and Moravia, Party agencies, industrial circles, as well as agencies of the central authorities of Berlin have had difficulties about the solution of the Czech problem.
"After ample deliberation, the Reich Protector expressed his views about the various plans in a memorandum. In this way, three ways of solution were indicated:
"a) German infiltration of Moravia and reduction of the Czech nationality to a residual Bohemia. This solution is considered unsatisfactory, because the Czech problem, even if in a diminished form, will continue to exist.
"b) Many arguments can be brought up against the most radical solution, namely, the deportation of all the Czechs.
Therefore, the memorandum comes to the conclusion that it cannot be carried out within a reasonable period of time.
"c) Assimilation of the Czechs, i.e. absorption of about half of the Czech nationality by the Germans, insofar as this is of importance by being valuable from a racial or other standpoint. This will take place, among other things, also by increasing the Arbeitseinsatz of the Czechs in the Reich territory (with the exception of the Sudeten German border district), in other words, by dispersing the closed Czech nationality.
"The other half of the Czech nationality must be deprived of its power, eliminated and shipped out of the country by all sorts of methods. This applies particularly to the racially mongoloid part and to the major part of the intellectual class. The latter can scarcely be converted ideologically and would represent a burden by constantly making claims for the leadership over the other Czech classes and thus interfering with a rapid assimilation.
"Elements which counteract the planned Germanization ought to be handled roughly and should be eliminated.
"The above development naturally presupposes an increased influx of Germans from the Reich territory into the Protectorate.
"After a discussion, the Fuehrer has chosen solution (c) (Assimilation) as a directive for the solution of the Czech problem and decided that, while keeping up the autonomy of the Protectorate on the surface, the Germanization will have to be carried out in a centralized way by the office of the Reich Protector for years to come.
"From the above no particular conclusions are drawn by the armed forces. This is the direction which has always been represented from here. In this connection, I refer to my memorandum which was sent to the Chief of the Supreme Command of the Armed Forces, dated 12 July 1939, file number 6/39, top secret, entitled: "The Czech Problem." (Attached as annex).
"The Deputy General of the Armed Forces with the Reich Protector in Bohemia and Moravia."
"(Signed) FRIDERICI Infantry Lt. General."
further upon some parts of this memorandum. First, I invite your attention to solution (a). This solution would have called for German infiltration into Moravia and the forcible removal of the Czechs from that area to Bohemia. As your Honors know, Moravia lies between Bohemia and Slovakia.
Thus, solution (a) would have involved the erection of a German state between Bohemia and Slovakia, and would have prevented effective inter-communications between the Czechs and the Slovaks. In this manner, the historic desire for unity of these two groups of peace-loving people and the continued existence of their Czechoslovakian State would have been frustrated. Solution (a), it may be noted, was rejected because the surviving Czechs, even though compressed into a "residual Bohemia" would have remained to plague the conspirators.
Solution (b), which involved the forcible deportation of all Czechs, was rejected, not because its terms were deemed too drastic but rather because a more speedy resolution of the problem was desired.
Solution (c), as shown in the exhibit, was regarded as the most desirable, and was adopted. This solution first provided for the assimilation of about one half of the Czechs. This meant 2 things: (a) enforced Germanization for those who were deemed racially qualified and (b) deportation to slave labor in Germany for others. "Increasing the Arbeitseinsatz of the Czechs in the Reich territory", as stated in the exhibits, plainly meant slave labor in Germany.
Solution (c) further provided for the elimination and deportation "by all sorts of methods" of the other half of the Czech population, particular the intellectuals and those who did not meet the racial standards of the conspirators. Intellectuals everywhere were an anathema to the Nazi conspirators, and the Czech intellectuals were no exception. Indeed, the Czech intellectuals, as the conspirators well know, had a conspicuous record of gallantry, self-sacrifice, and resistance to the Nazi ideology. They were, therefore, to be exterminated. As will be shown in other connections, that section of the top secret report which stated "elements which counteract the planned Germanization are to be handled roughly and should be eliminated" meant that intellectuals and other dissident elements were either to be thrown in concentration camps or immediately exterminated.
In short, the previsions of solution (c) were simply a practical application of the conspirators' philosophy as expressed in Himmler's speech, part of which we have quoted in L-70, already presented in evidence as U.S.A. Exhibit No. 308.
Himmler said that "Either we win over any good blood that we can use for ourselves ... or we destroy this blood."
I now turn briefly to the conspirators' program of spoliation and Germanization in the Western occupied countries. Evidence which will be presented at a later stage of this proceeding will show how the conspirators sought to Germanize the Western occupied countries; how they stripped the conquered countries in the West of food and raw materials, leaving to them scarecely enough to maintain a bare existence; how they compelled local industry and agriculture to satisfy the insatiable wants of the German civilian population and the Wehrmacht; and finally how the spoliation in the Western occupied countries was aided and abetted by (a) excessive occupation charges (b) compulsory and fraudulent clearing arrangements, and (c) confiscation of their gold and foreign exchange. The evidence concerning these matters will be presented in great detail by the Prosecutor for the Republic of France and that evidence is so overwhelming that the inference is inescapable that the conspirators' acts were committed according to plan. evidence concerning the execution of the conspirators' plans in the West will be presented to this Tribunal. Accordingly, by way of illustration, and for the purpose of showing in this presentation that the conspirators' plans embraced the occupied Western countries as well as the East, we offer in evidence a single exhibit on this aspect of the case, R-114, which is U.S.A. Exhibit No. 314. This document was obtained from the U.S. Counter Intelligence Branch. This exhibit consists of a memorandum dated 7 August 1942 and a memorandum dated 29 August 1942, from Himmler's personal files. The former memorandum deals with a conference of SS officers, and bears the title "General Directions for the treatment of deported Alsatians". The latter memorandum is marked secret and is entitled "Shifting of Alsatians into Germany proper". The memoranda comprising this exhibit show that plans were made and partially executed to remove all elements from Alsace which were hostile to the conspirators, and to Germanize the province. I quote from page 1, lines 21 to 31 of the English text entitled "General directions for the treatment of deported Alsatians". These extracts are contained in the German text at page 1, the last 8 lines, and page 2, lines 1 to 5. I now quote:
"The first expulsion action was carried out in Alsace in the period from July to December 1940; in the course of it, 105,000 persons were either expelled or prevented from returning.
They Frenchmen and Francophiles.
The Patois-speaking population necessity of new deportations (zweiten Aussiedlungsaktien) which are to be prepared as soon as possible". Mr. Justice Jackson would like to make some remarks.
JUSTICE JACKSON: May it please the Tribunal, I wish to bring to the attention of the Tribunal and of the defense counsel some matters concerning the case as it will take its course next week in the belief that it will result in expediting our procedure if over the weekend our program can be considered.
Mr. Harris' presentation will take a short time longer on Monday, and when it has concluded the presentation by the United States, it will have reached that part of the indictment which seeks a declaratory judgment of this Tribunal that six of the organizations named therein are criminal organizations. They effect such a finding only that they may constitute such a basis for prosecution against individual members in other courts than this, proceedings in which every defense will be open to an accused individual, except that he may not deny the findings made by this Tribunal as to the character of the organization of which he was a member. which will save the time of the Tribunal and advance the prosecution as rapidly as possible so that United States personnel can be released.
We also desire defendants' counsel to have before them as much as possible of our evidence against organizations before the Christmas recess so that they may use that recess time to examine it and to prepare their defenses and that we may be spared any further applications for delay for that purpose. on this branch of the case be reserved for consideration after the evidence is before the Tribunal. The real question we submit is not whether to admit the evidence. The real question is its value and its legal consequences under the provisions of this Charter. All of the evidence which we will tender will be tendered in the belief that it cannot be denied to have some probative value and, although it is relevant to the charges made in the indictment. And those are the grounds upon which the Charter authorizes a rejection of evidence. advantage of time saving to the Tribunal and to ourselves to get as much of the case as possible in the hands of the Defendant before the Christmas recess and to argue the ultimate issues only when they can be intelligibly argued and understood on the basis of a real record instead of on assumptions and hypothetical statements of fact.
to stipulate as follows: by the United States as against these organizations may be deemed to be reserved and fully available to defense counsel at any time before the close of the United States case with the same effect as if the objection had been made when the evidence was offered. All evidence on this subject shall remain subject to a continuing power of the Tribunal on motion of any counsel or on its own motion, to strike unprejudiced by the absence of objection. Every question as to the effect of the evidence shall be considered open and unprejudiced by the fact that it has been received without objection. which may be raised concerning this branch of the case. What this evidence proves; what organizations it is sufficient to condemn, and how the Charter applies to it are question capable of debate, and which we are quite ready to argue when it can be done in orderly and intelligible fashion. We had expected to do it in final summation, but we will do it at any time suggested by the Tribunal, after there is a record on which to found the argument, and we are willing to do it either before or after the defendants take up the case. But we do suggest that if it is done step by step, as the evidence is produced, and on questions of admissibility it will be disorderly an time-consuming. Pecemeal argument will consume time by requiring counsel on both sides to recite evidence that is either in the case or to speculate as to evidence that is not yet in, to resort to hypothetical cases, and to do it over and over again to each separate objection. It will also be disorderly because of our plan of presentation. the proposal made by President Roosevelt to the Yalta Conference, agreement upon which was the basis for this proceeding. The United States would not have participated in this kind of determination of question of guilt but for this or some equivalent plan of reaching thousands of others, who, if less conspicuous, are just as guilty of these crimes as the men in the dock.
Because of participation in the framing of the Charter and knowledge of the problem it was designed to reach I shall expect to reach the legal issues involved in these questions. specialized in the search for and the arrangement of evidence on a particular and limited charge od indictment. Piecemeal argument, therefore plete, poorly organized, and of little help to the Tribunal.
The issues tect everybody's rights and enable the defense as well as ourselves to THE PRESIDENT:
Justice Jackson, have you yet communicated that to the defendants' counsel in writing or not?
JUSTICE JACKSON: I have not communicated it, unless it has been THE PRESIDENT:
I think, perhaps, it might be convenient that you JUSTICE JACKSON:
I have prepared to do that and to supply sufficien THE PRESIDENT:
Yes.
DR. GEORG BOHM: I represent the members of the S.A. who are before the Tribunal.
I only understood the statements made by Justice Jackson partially.
As counsel I have no one who can advise me, and I cannot, German so that I can reply to the statements and speeches.
I do not this proceeding.
And I also have the responsibility, and the rest of my colleagues have the same responsibility, toward the organizations that are under discussion and, as a matter of principle, I ask that everything which is submitted in this proceeding, to, please, have it submitted in the German language because I'm not in a position from day to day to have these volumes of documents translated into German.
If it is possible to have these documents submitted to me in the original German. And this condition does not only apply to me but to a number of other colleagues. It makes it awful difficult for me and my colleagues to even follow the proceedings. been presented so far, I could not take very much against the organization which are accused, but the evidence against these organizations which is to be presented, as indicated today, I would like to ask urgently, if we are to remain as counsel for these organizations, to, please, order the proceedings in such a way so that even for technical reasons, we will be in a position to carry on the defense ina responsible manner.
THE PRESIDENT: As you know or have been told, only those parts of those documents which are read before the Tribunal are treated as being in evidence and, therefore, you hear through your earphones everything that is in evidence read to you in German. You know, also, that there are two copies of the documents in your information center which are in German. So much for that. That has been the procedure up to now. posal which Mr. Justice Jackson has just made is perfectly simply, as I understand it, and it is this: not be argued before the evidence is put in; that the United States counsel should put in their evidence first, and that they hope to put the majority of it in evidence before the Christmas recess, but that the German counsel, defendants' counsel, shall be at liberty at any time, up to the time the United States case is finished, to make objection to any part of the evidence on these criminal organizations.
Is that not clear?
DR. GEORG BOHM: Yes, I understand.
THE PRESIDENT: Have you any objection to that procedure?
DR. GEORG BOHM: Yes. I understand the proceedings as just now suggested but I'm of the opinion that it is hardly applicable that the two copies which are in the room downstairs, referring to these copies, I have not had the opportunity to have them presented to me. It may be that two copies are not sufficient for the purposes of twenty-five lawyers, and we are not possible to make use of them when these conies come in at 10:30 in the morning, whereas the session has already started at 10:00 in the morning, and it would not suffice, either, if these two copies for twenty-five people would be submitted only the day before because it is not possible in that short period of time for all of us, twenty-five of us, to be satisfied, and we, therefore, ask just how the prosecution can facilitate this matter.
I don't know. But we ask to please order the proceedings in such a way so that we can have it in time and, I emphasize, in the German language to have the material and to know these things that the prosecution demands of us so that we can be in a position to have our work serve the Tribunal.
THE PRESIDENT: What you have just stated is a general objection to the procedure which has been adopted up to now and has nothing to do with the procedure which has been suggested by Mr. Justice Jackson with reference to these criminal organizations. All his suggestion was that, so far as argument on the law of the criminal issue or the criminal nature of these organizations should be postponed until the evidence was put in and that the right of counsel for the defense should be to make objection at any stage or, rather, to defer their objections until the evidence had been put in, and it was hoped that the evidence would be completed or nearly completed by the Christmas recess. What you say about the general procedure may be considered by the Tribunal. question of the procedure suggested by Mr. Justice Jackson, have you any objection to that?
DR. GEORG BOHM: I will object only if through this proceeding-and I would like to make certain reservations--if the proceeding is handicapped in any way because we represent the interests of many, many people before the Tribunal.
THE PRESIDENT: We are aware of that fact, but that doesn't seem to be material to the question whether the legal argument should be deferred until after the evidence is presented. The fact that you have millions of people to represent has nothing to do with the question whether the legal argument shall take place before or in the middle of or at the end of the presentation of the evidence.