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Transcript for IMT: Trial of Major War Criminals

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Defendants

Martin Bormann, Karl Doenitz, Hans Frank, Wilhelm Frick, Hans Fritzsche, Walther Funk, Hermann Wilhelm Goering, Rudolf Hess, Alfred Jodl, Ernst Kaltenbrunner, Wilhelm Keitel, Gustav Krupp von Bohlen und Halbach, Robert Ley, Constantin Neurath, von, Franz Papen, von, Erich Raeder, Joachim Ribbentrop, von, Alfred Rosenberg, Fritz Sauckel, Hjalmar Schacht, Baldur Schirach, von, Arthur Seyss-Inquart, Albert Speer, Julius Streicher

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THE CRIMES OF THE NAZI REGIME - FOOTNOTES Footnote Number 1. English transcript, p. 5844.

2. Goering, Reconstruction of a Nationa, 1934. (2344-PS, USA 233, Tr.p. 1399) 3. Primte Minister Goering's Press Conference, published in Voelkischer Beobachter, Berlin edition, 23-24 July 1933, p.1 (2494-PS, USA-F, Tr.p. 255). Goering has admitted excesses in connection with the seizure of power (Tr.p.5838) 4. Law about changing rules of Criminal Law and Crinimal Procedure of 24 April 1934, 1934 Reichsgesetzblatt, Part I, p.34 (2548-PS, USA-F, Tr. -.255). (Tr. 0. 5838).5. Decree of the Reich President for protection against treacher ous attacks on the government of the Nationalist movement, 21 March 1933.

1933 Reichsgestzblatt, Part I, p. 135, (1652-PS, USA-F, Tr.p. 255).6. Decree of the Reich President for the Protection of the People and State, 28 February 1933, 1933 Reichsgesetzblatt, Part I, p. 83 (1390-PS, USA-B-Tr.p.255). "Section 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the Ger man Reich are suspended until further notice.

Thus, res trictions on personal liberty, on the right of free expres sion of opinion, including freedom of the press, on the right of assembly and the right of association, and vio lations of the privacy of postal, telegraphic, and tele phine communications, and warrants for house-searchers, orders for confiscations as well as restrictions on pro perty, are also permissible beyond the legal limits otherwise presecribed.

..Whoever provokes or incites to an act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months."

7. Law to change the Penal Code of 28 June 1935, 1935 Reichsgesetzblatt, Part I, p. 839.

(1962-PS, USA-F, Tr.p;

255). "Any person who commits an act which the law declares to be punishable or which is deserving of penalty according to the fundamental conceptions of the penal law and sound popular feeling, shall be punished.

If these is no penal law directly covering an act, it shall be puhished under that law which most closely fits, in regards to fundamental conception".8. Extract from "Germany's Road to Freedom", as published in Documents of German Politics, Vol.

3 (2549-PS, USA-F, Tr.

P. 255) "National Socialism substitutes for the conception of formal wrong the idea of factual wrong, it considers every attack against the welfare of the people's community, every violation of the requirements of the life of a nation as wrong.

Therefore wrong may be committed in the future in Germany even in cases when no law threatens it with punish ment.

Even withouth the threat of punishment, every vio lation of the goals of life which the community sets up for itself is a wrong". Footnote Number 9. Affidavit of Dr. Hans Anschuetz, 17 November 1945 (2967-PS, USA-756, Tr. p. 255). Ten Years of Security police and SA.

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(1680-PS, USA-477; Tr.p.1892).

10. Transcript p. 6073. This bureau was camouflaged under the name of "Research Office of the Airforce". (Tr. p.5880).11.

Decree of the Reich President for the Protection of the People and State, 28 February 1933, 1933 Reichsgesetzblatt, Part I, p.83 (1390-PS, USA-F, Tr. p. 255). Supra, Note 5.12.

Organizationbuch der NSDAP, 1943 edition, pp.99-104 (1893-PS, USA-323, Tr. p. 1578).13.

Meaning and Tasks of the Secret State Police, published in The Archives, January 1936, Vol.

23-24, p. 1342 (1956-PS, USA-F, Tr. p.255).14.

Original Protective Custody Order served on Dr. R. Kempner, 15 March 1935 (2499-PS, USA-232, Tr. p. 1399). Extract from article "Legislation and Judiciary in Third Reich" from Journal of the Acadamy for German Law, 1936, pp.

141-142 (2533-PS, USA-F, Tr. p.235).15.

Law on the Secret State Police of 10 February 1936, Prussian Gesetzemhhung, p. 21.

"Orders in matters of the Secret State Police are not subject to review of the administrative Courts".(2107-PS, Tr.p.1904). Summary of decisions of the Supreme Ad ministrative Court, 1935 Reichsverwaltungsblatt, Vol.

56, No.

29, pp. 577-578, 20 July 1935 (2347-PS, Tr.-. 1904).

16. Affidavit of Dr. Hans Anschuetz, 17 November 1945 (2967-PS, USA-756, Tr.p.255).17.

Letter from Guertner to Mutschmann, 18 January 1935, concerning charges against members of camp personnel of protective custody Camp Hohnstein (783-PS, USA-731, Tr.p.255). Letters from Minis ter of Justice to Hess and SA Chief of Staff, 5 June 1935, con cerning penal proceedings against merchant and SA Leader and 22 companions because of inflicting bodily injury on duty (784-PS, USA-732, Tr.p.255). Memorandum of Guerner concerning legal pro ceedings against the camp personnel of concentration camp Hohn stein (785-PS, USA-733, Tr.p.255). Minister of Justice memoran dum, 29 November 1935, concerning pardon of those sentenced in connection with mistreatment in Hohnstein concentration camp.

(786-PS, USA-734, Tr.p.255).

18 Affidavit of Dr. Hans Anschuetz, 17 November 1945 (2967-PS, USA-756, Tr.p.255).19.

Affidavit of Dr. Hans Anschuetz, 17 November 1945 (2967-PS, USA-756, Tr.p.255). Law amending regulations of criminal law and criminal procedure, 24 April 1934, 1934 Reichsgesetzblatt, Part I, p. 341 (2014-PS, USA-C, Tr.p.255). Law on People's Court and on 25th Amendment to Salary Law of 18 April 1936, 1936 Reichsgesetzblatt, Part I, p. 169 (2342-PS, USA-C, Tr.p.255).20.

"The Nazi Plan", excerpt of script of a motion picture composed of captured German film.

(3054-PS, USA-167, Tr.p.1264).

21. Decree of the Government concerning formation of Special Courts, 21 March 1933, 1933 Reichsgesetzblatt, Part I, pp.

136-137, (2076-PS, USA-C, Tr.p. 255). Decree concerning the extension of the Jurisdiction of Special Courts, 20 November 1938.

1938 Reichsgesetzblatt, Part I, p. 1632, (2056-PS, USA-C, Tr.p.255).

Affidavit of Dr. Hans Anschuetz, 17 November 1945 (2967-PS USA 756, Tr.p.255). Footnote Number 22 Extract from German Justice, a legal periodical, 10th year, Edition A, No.42, 16 October 1942.

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"The judge is therefore not the supervisor of, but the direct assistant in the Ad ministration of the State.

He is responsible to the leader ship of the State (Staatsfuhring) within his sphere of duty for the conservation of the national community.

By protec ting the national values (Volkische Werte) and eliminating (dangerous elements from the community of the people) he is, in this respect, aking to the political Volkische Selbster haltung). This point of view must be decisive for the judge.

The judge taking it for his guiding principle will find many a decisi n which seemed very difficult to be solved at first, facilitated."

(2482-PS, USA-C, Tr.p.255). Extract from pam hlet, "Judges Letters", concerning judgement of Lower Court 24 April 1942, on concealment of Jewish Identification.

(D-229, USA-C, Tr.p.255).

23. Lecture of Major-General Thomas delivered 24 May 1939, at the Foreign Office (EC-28, USA-760, Tr.pp.

275, 5124).

24. The treaties and assurances applicable to each are specified in Appendix C of the Indictment and remain uncontradicted.

25. English transcript p. 5980. "The Hague Convention was for land warfare.

When I scanned it over on the eve of the Poli sh campaign, I was reading the Articles and I was sorry that I had not studied them much sooner.

If I had done so I would have told the Fuhrer that with these rules as they had been put down, paragraph by pargraph, a modern war could not be waged, but that in a modern war, with its technical improv ments, the stipulations of 1906 and 1907 would have to be changed in order to have a new type of warfare," 26.

English Transcrip p. 6016.

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Footnote Number 27.

Memorandum of 15 September 1941, from Canaris to Keitel concerning an OKW order regulating the treatment of Soviet prisoners-of-war (EC-338, USSR-366, Tr.p.4441). "The Gene va Convention for the treatment of prisoners-of-war is not bidding in the relationship between Germany and the USSR, therefore only the principles of general international law on the treatment of prisoners-of-war apply.

Since the 18th century these have gradually been established along the lines that war captivity is neither revenge nor punishment, but solely protective custody (Sicherheitsschart) the only pur pose of which is to prevent the prisoners of war from a further participation in the war.

This principle was developed in accordance with the view held by all armies that it is contrary to military tradition to kill or injure helpless people; this is also in the interest of all belli gerents in order to prevent mistreatment of their own 27.

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(cont'd). soldiers in case of capture.....The instructions are very general.

But if one considers their basic principles the expressly approved measures will result in arbitrary mistreatments and killings, the formal prohibition of arbitrary action notwith standing."

28. Hitler Commando Order, 18 October 1942 (498-PS, USA-501, Tr. p. 1944, 2173). Night and Fog Decrees, 7 and 12 December 1942 (L-90, USA-503, Tr. p. 1945). Minister of Labor Order on employment of French prisoners of war in armament industry, August 1941 (3005-PS, USA-213, Tr. p. 3010). Himmler order to protect lynchers of allied fliers, 10 August 1943 (R-110, USA-333, Tr. p. 1624). 29.

Decree appointing Sauckel General Plenipotentiary for Manpower, 21 March 1942, and decree of Georing conferring certain powers on Sauckel, 27 March 1942, 1942 Reichsgesetzblatt, Part I, pp.

179-180 (1666-PS, USA-208, pp.

1337, 4063). 30. Speer's conference minutes of Central Planning Board, 1942-44, concerning labor supply.

"Our best now engine is made 88% by Russian prisoners of war and the other 12% by German men and women.

... The list of the shirkers should be entrusted to Himmler's trustworthy hands who will make them work all right."

(Hilch, p. 26) R-124, USA-179, Tr. pp.

1313, 1320. 31. Top secret memorandum signed by Brautigam, 25 October 1942, concerning conditions in Russia (294-PS, USA-195, Tr. p. 1293). 32.

Speer's conference minutes of Central planning Board, 1942-44, concerning labor supply.

(R-124, p. 22, USA 179, Tr. pp. 1286, 1293, 1309, 2989,) By an official directive, "Estates of those who refuse to work are to be burned, their relatives are to be arrested as hostages and to be brought to forced labor camps", and the burning of homes in connection with labor conscription Was therefore not considered culpable.

Letter from Rosenberg Ministry, 12 November 1943, concerning burning of houses in Mueller's district.

(290-PS, USA-189, Tr. p. 1304). The burning down of houses was a method used to force citizens in occupied territories into Reich labor.

Letter from Rabb to Reichminister for Occupied Eastern Territories.

7 June 1944, concerning burning of houses in Wassilkow district.

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(254-PS, USA-

188, Tr. p. 1300). Forced labor agents caught persons attending churches and theaters and transported them to the Reich.

Lammers report to Himmler, 12 April 1943, concerning the situation in the Government General (2220-PS, USA-175, Tr. p. 1275). 33.

Report to Reich Ministry for Occupied Eastern Territories, 7 October 1942, concerning treatment of Ukrainian Specialists (054-PS, USA-198, Tr. p. 1314). Interdepartmental report of Ministry for Occupied Eastern Territories, 30 September 1942, concerning status of Eastern laborers.

"In this train women gave birth to babies who were thrown out of the windows during the journey, people having tuberculosis and venereal diseases rode in the sane car, dying people lay in freight cars without straw, and one of the dead was thrown on the railroad emba*---*. The same must have occurred in ether returning transports."

(084-PS, USA-199, Tr. p. 1317). 34. Sauckel's labor Mobilization Program 20 April 1942. "Apart from the prisoners of war still in the occupied territories, we must, therefore, requisition skilled or unskilled male and female labor from the Soviet territory from the age of 15 up for the labor mobilization."

p. 7 (016-PS, USA-168, Tr. p. 1319). 35. Affidavit of Edward L. Deuss, 1 November 1945, concerning approximate number of foreign workers for German War Effort in Old Reich (2520-PS, USA-197, Tr. p. 1312). 36.

Memorandum to Mr. Hupo, 14 March 1942, concerning employment of Russians, (D-316, USA-201, Tr. p. 1320). 37.

Affidavit of Dr. Wilhelm Jaeger, 15 October 1945. "Conditions in all of those camps were extremely bad.

The camps were greatly overcrowded.

In some camps there were twice as many people in a barrack as health conditions permitted.

..Camp Humboldstrasse has been inhabited by Italian prisoners of war.

After it had been destroyed by an air raid, the Italians were removed and 600 Jewish females from Buchenwald Concentration Camp were brought in to work at the Krupp factories.

Upon my first visit at Camp Humboldstrasse, I found these females suffering from open festering wounds and other diseases, I was the first doctor they had seen for at least a fortnight.

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There was no doctor in attendance at the Camp. There were no medical supplies in the Camp.

They had no shoes and went about in their bare foot.

The sole clothing of each consisted of a sack with holes for their arms and head.

Their hair was shorn. The Camp was surrounded by barbed wire and closely guarded by SS guards."

pp. 1, 5, (D-288, USA-202, Tr. p. 1322). 38.

Secret Order of Reichsfuehrer SS, 20 February 1942, concerning commitment of manpower from the East.

"In severe case, that is in such cases where the measures at the disposal of the leader of the guard do not suffice, the state police office has to act with its means.

Accordingly, they will be treated, as a rule, only with strict measures, that is with transfer to a concentration camp or with special treatment.

..Special treatment is hanging." (3040-PS, USA-207, Tr. p. 1336). 39.

Order signed Christiansen, 19 March 1943, to all group leaders of Security Service, and record of telephone conversations signed by Stap 11 March 1943 (3012-PS, USA-190, Tr. pp.

1304. 12200). Letter of Terbeven to Goering, dated 1 May 1942.

(R. 134, RD-293, Tr.p.6235).

Goering has admitted the excesses in occupied territories: I do not in any way wish todispute that things took place which may be debated as for as international law is concerned, and other things occurred which under every circumstance may be considered and must be considered as excesses."

(Tr. p. 5932). 40. Excerpts from Frank's Diary (USSR-223) (English translation p.43). 41. Stenographic report on conference between Goering Reich Commission ers for Occupied Territories, 8 August 1942.

(USSR-170, Tr. p. 5720;

EC-317, Tr. pp. 5903, 5904). 42. Report to Fuehrer regarding confiscated art treasures, 20 March 1941.

(014-PS, USA-784, Tr. p. 6213). Field Marshal Kesselring, Goering's subordinate, testified that his method of punishing the small-scale looting of common soldiers under his command was by shooting on the spot.

(Tr. p. 5775).

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

44. Affidavit of Dr. Rudolf Kastner, former president of the Hungarian Zionist Organization, 13 September 1945.

(2605-PS, USA-242, Tr. pp.

1408, 1409). 45. Affidavit of Dr. Wilhelm Hoettl, 5 November 1946. (2738-PS, Tr. p. 1502). Affidavits of Hermann Graebe.

"Moennikes and I wont direct to the pits.

Nobody bothered us. Now I heard rifle shots in quick succession, from behind one of the earth mounds.

The people who had gotoff the trucks - non, women, and children of all ages - had to undress upon the orders of an SS-man, who carried a riding or dog whip.

They had to put down their clothes in fixed places, sorted according to shoes, top clothing.

I saw a heap of shoes of about 800 to 1000 pairs, great piles of under-linen and clothing.

Without screaming or weeping those people undressed, stood around in family groups, kissed each other, said farewells and waited for a sign from another SS-man, who stood near the pit, also with a whip in his hand.

During the 15 minutes that I stood near the pit I heard no complaint orplea for mercy.

I watched a family of about 8 persons, a man and woman, both about 50 with their children of about 1, 8 and 10, and two grown-up daughters of about 20 to 24.

An old woman with snow-white hair was holding the one-year old child in her arms and singing to it, and tickling 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 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 counted off about 20 persons and instructed them to go behind the earth mound.

Among them was the family, which I have mentioned.

I well remember a girl, slim and with black hair, 45 who, as she passed close to me, pointed to herself and said, "23".(Cont'd) I walked around the mound, and found myself confronted by a tremend grave.

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People were closely wedged together and lying on top of eac 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 alread 2/3 full.

I estimated that it already contained about 1000 people.

I looked for the man who did the shooting. He was an SS-man, who at the edge of the narrow end of the pit, his feet dangling into th pit.

He had a tommy gun on his knees and was smoking a cigarette.

The people, completely naked, went down some steps which were out i the clay wall of the pit and clambered over the heads of the people lying there, to the place to which the SS-man directed them.

They down in front of the dead or injured people; some caressed those were still alive and spoke to them in a low voice.

Then I heard a series of shots.

I looked into the pit and saw that the bodies we* twitching or the heads lying already motionless on top of the bodie that lay before them.

Blood was running from their necks. I was surprised that I was not ordered away, but I saw that there were t* or three postmen in uniform nearby.

The next batch was approaching already.

They went down into the pit, lined themselves up against the previous victims and were shot.

When I wlaked back, round the mound I noticed another truck-load of people which had just arrived This time it included sick and infirm persons.

An old, very thin woman with terribly thin legs was undressed by others who were alre naked, while two people held her up.

The woman appeared to be para lyzed.

The naked people carried the woman around the mound. I lef with Moennikes and drove in my car back to Dubno."

(2992-PS, pp. 2,3; USA-494, Tr. p. 1922 ). 46. SD Inspector Bierkamp's letter, 12 December 1941, to RSHA, enclosing cop of secret decree signed by Bormann, entitled, "Relationship of National Socialism and Christianity."

(D-75, USA-348,Tr. p. 1637).

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47. Extracts from "The Myth of the 20th Century", by Alfred Rosenberg, 1941.

"A German religious movement which would like to develop into a folk church will have to declare that the idea of neighborly love is uncondi tionally to be subordineted to the idea of national honor, that no act of a German church may be approved which does not primarily serve the feguarding of the folkdom."

p. 608 (2349-PS, USA-352, Tr. p. 1642). 48. Documents on RSHA meeting concerning the study and treatment of church positions.

(1815-PS, USA-510, Tr. p. 1956). 49. Secret letter, 21 April 1942, from SS to all concentration camp command concerning treatment of priests (1164-S, USA-736, Tr. p. 255). Report from the Bavarian Political Police to the Gestapo, Berlin, 24 August 1934, concerning National mourning on occasion of death of von Hindenbu (1521-PS,USA-740, Tr. p. 255). Letter from Kerrl to Minister of States 23 July 1938, with enclosures dealin with persecution of Bishop Sproll (849-PS,USA-354,Tr. p. 1644). Gestapo telegram from Berlin to Nurnberg 24 July 1938, dealing with demonstrations against Boshop Sproll in Rott burg (848-PS, USA-353,Tr. p. 1642). Goering has admitted the policy of sending clergyment to concentration camps.

(Tr.p. 5858). 50. Gestapo order, 20 January 1938, dissolving and confiscating property of Catholic Youth Women's Organizations in Bavaria, (1481-PS,USA-737, Tr. p. 255). See also Tr. p. 5846.

51. Order of Frick, 6 November 1934, addressed inter alios to Prussian Gest po prohibiting publication of Protestant Church announcements.

(1498-PS USA-739, Tr.p. 255). 52.

Bormann's letter to Rosenberg enclosing copy of letter, 24 January 193 to Minister of Education, requesting restriction or elimination of theo logical faculties.

(116-PS,USA-685, Tr. p. 2792). Bormann's letter to Rosenberg, 17 April 1939, enclosing copy of Minister of Education letter 6 April 1939, on elimination of theological faculties in various univer sities.

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(122-PS,USA-362, Tr. p. 1658). 53. Secret letter, 20 July 1933, to provincial governments and the Prussian Gestapo from Frick, concerning Confessional Youth Organizations.

(1482 USA-738, Tr. p. 255). Gestapo order 20 January 1938, dissolving and co fiscating property of Catholic Youth Women's Organizations in Bavaria.

(1481-PS,USA-737, Tr. p. 255). State Police Order, 28 May 1934 at Dusseldorf, signed Schmid, concerning sanction of denominational youth and professional associations and distribution of publications in churc (r-143,USA-745, Tr. p. 255). 54.

Report by Headquarters, Third United States Army, 21 June 1945, concern Flossenburg Concentration Camp.

(2309-PS,USA-245, Tr. p. 1398, 1412).

Affidavit of Hans Marsalak, 8 April 1946, concerning Mauthausen Concent tion Camp and dying statement of Franz Ziereis, the Commandant.

(3870-PS USA-797, Tr. p. 7699). American concentration camp films (2430-PS, USA 79, Tr. p. 593). Soviet atrocity films (USSR-81, Tr. p. 4673). Affida vit of Rudolf Franz Ferdinand Hoess, 5 April 1946 : ".... I commanded Au chwitz until 1 December 1943, and estimate that at least 2,500,000 vict were executed and exterminated there by gassing and buring, and at leas another half million succumbed to starvation and disease making a total dead of anout 3,000,000.

This figure represents about 70 or 80 % of al persons sent to Auschwitz as prisoners, the remainder having been selec and used for slave labor in the concentration camp industries.

Include among the executed and burnt were approximately 20,000 Russian prisoner of war (previously screened out of Prisoner of War cages by the Gestape who were delivered at Auschwitz in Wehrmacht transports operated by regu lar Wehrmacht officers and men.

The remainder of the total number of victims included about 100,000 German Jews, and great numbers of citize mostly Jewish from Holland, France, Belgium, Poland, Hungary, Cezchosl kia, Greece, or other countries.

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We executed, about 400,000 Hungarian Jews alone at Auschwitz in the summe of 1944 .... I visited Teblinka to find out how they carried out their extermination.

The Camp Commandant at Treblinka told me that he had lig dated 80,000 in the course of one-half year. He was principally concern with liquidating all the Jews from the Warsaw Ghetto. He used monoxide gas and I did not think that his methods were very efficient. So when I set up the extermination building at Auschwitz, I cused Cyclon B, which a crystallized Prussie Acid which we dropped into the death chamber from small opening. It took from 3 to 15 minutes to kill the people in the chamber depending upon climatic conditions. We knew when the people were dead because their screaming stopped. We usu ally waited about one half hour before we opened the doors and removed the bodies. After the bodie were removed our special commandos took off the rings and extracted the gold from the teeth of the corpses. Another improvement we made over Treblinka was that we built our gas chambers to accommodate 2,000 people at one time, whereas at Treblinka their 10 gas chambers only accommodated 200 people each. The way we selected our victims was as follows : we had two SS doctors on duty at Auschwitz to examine the incoming transports of prisoners. The prisoner would be marched by one of the doctors who would make spot decisions as they walked by. Those who were fit for work were sent into the Camp. Others were sent immediately to the extermination plants. Children of tender years were invariable exterminated since by reason of their youth they were unable to work. Still another improvement we made over Treblin ka was that at Treblinka the victims almost always knew that they were be exterminated and at Auschwitz we endeavored to fool the victims into thinking that they were to go through a delousing process. Of course, frequently they realized our true intentions and we sometimes had riots and difficulties due to that fact. Very frequently women would hide the children under the clothes but of course when we found them we would sen the children to be exterminated. We were required to carry out those exterminations in secrecy but of course the foul and nauseatin stench from the continuous burning of bodies permeated the entire area and all of the people living in the surrounding communities knew that extermina tions were going on at Auschwitz ". (3868-PS,USA-819, Tr.p. 7810). 55.

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Testimony of Witness Blaha. (Tr. pp. 2592. 2636).

Testimony of witness Hoess. (Tr. pp. 7765, 7829.)

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Footnote Number -------56.

Testimony of the Defendant Funk. "... And when these measures of terror and violence against Jews were put up to me, I suffered a nervous breakdown because at the moment it came to my mind with all clearness that from here on the catastrophe took its course all the way up to the terrible and atrocious things about which we have heard here and about which I knew only in part from the time of my captivity.

I felt ashamed and the feeling of guilt at that moment and I do feel the same way today, but too late."

(Tr. pp.

9042-3). Von Schirach has testified that "Hitler's racial policy was a crime" (Tr. p.10295) and that Auschwitz "is the greatest and most devilish mass murder of history."

(Tr. p.10293) 57.

Testimony of Frank. "... I myself have never installed an extermination camp for Jews or demanded that they should be installed, but if Adolf Hitler personally has turned that dreadful responsibility over to these people of his, then it must be mine too."

(Tr. p.8099).

58. English transcript p.13116.

59. Hitler "Mein Kampf." "In regard to this point I should like to make the following statement:

To demand that the 1914 frontiers should be restored is a glaring political absurdity that is fraught with such consequences as to make the claim itself appear criminal The confines of the Reich as they existed in 1914 were throughly illogical.

...We National Socialists must stick firmly to the aim that we have set for our foreign policy, namely, that the German people must be assured the territorial area which is necessary for it to exist on this earth.

...The territory on which one day our German peasants will be able to bring forth and nourish their sturdy sons will justify the blood of the sons of the peasant that has to be shed today."

(GB-128, Tr. pp.2281-2).

60. Hitler, "Mein Kampf" (GB-128, Tr. p.2285).

61. Hitler, "Mein Kampf." "The soil on which we now live was not a gift bestowed by Heaven on our forefathers.

But they had to conquer it by risking their lives.

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So also in the future our people will not obtain territory, and therewith the means of existence, as a favor from any other people, but will have to win it by the power of a triumphant sword."

(GB-128, Tr. p.2278).

62. English transcript, pp.6068-9.

63. English transcript, p.6071.

64. Affidavit of Schnitzler, 10 November 1945 (EC-439, USA 618, Tr. pp.

282, 283, 2532.)

65. Letter from Krupp to Hitler, 25 April 1933, with enclosure (D-157, USA-765, Tr. pp.

299, 5124).

66. Krupp speech "Thoughts about the Industrial Enterpriser," January 1944.

"...I have already often repeated orally as well as in writing, and today I also want to restate to this group that, according to the terms of the Dictate of Versailles (Diktat) Krupp had to destroy and demolish considerable quantities of machines and utensils of all kinds.

It is the one great merit of the entire German war economy that it did not remain idle during thos bad year even though its activity could not be brought to light for obvious reasons.

Through years of secret work, scientific and basic ground work was laid, in order to be ready again to work for the German Armed Forces at the appointed hour, without loss of time or experience (D-317, USA 770, Tr. p.289).67.

The Fifth Day of the Party Congress, from Voelkischer Beobachter, Munich (Southern German) Edition, Issue 258, 14 September 1936 (2283-PS, USA 337, Tr. p.255). The Social Life of the New Germany with Special Consideration of the German Labor Front, containing principal parts of the two NSDAP orders directing seizure of unions in 1933, pp.

51-54 (302-PS, USA 326, Tr. p.1600). Organization Book of the NSDAP, the NSBO, p. 185 (2271-PS, USA 328, Tr. p.255).Affidavits of Josef Simon, Chairman of German Shoemakers Union in 1933 (2335-Ps, USA 749, Tr. p.255). Affidavits of Lorenz Hagan, Chairman of Local Committee, German Trade Unions, Nurnberg (2334-PS, USA 238, Tr. p.1405). Affidavit of Mathias Lex, deputy president of the German Shoemakers Union (2928-PS, USA 239, Tr. pp.

1405, 2258) Affidavit, 17 October 1945, of Gustav Schiefer, Chairman of General German Trade Union Association, Local Committee, Munich 1933 (2277-PS, USA 748, Tr. p. 255). Death certificate, Flossen burg Concentration Camp, concerning union leader Staimer and official letter to his wife, 22 December 1941 (2332-PS, Tr. p.255). Death certificate, Flossenburg Concentration Camp, concerning union leader Hermann, and official letter to his wife, 29 December 1941 (2333-PS, USA 744, Tr. p.255).68.

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National Socialist Party Correspondence, release of 2 May 1933, p.1 (2224-PS, USA 364, Tr. pp.

1662-4). Voelkischer Beobachter (People's Observer) Munich edition, 17 May 1933, Fuehrer Edict, p.1 (1940-PS Tr. p. 255). The German Labor Front, Nature, Goal, Means -- Official publication of the German Labor Front, footnote on p.11 (2275-PS, Tr. p.255).69.

Law concerning trustees of labor, 19 May 1933, 1933 Reichsgesetz blatt, Part I, p.285 (405-PS, Tr. p.255).70.

Speech by Ley published in Forge of the Sword, with an introduction by Marshal Goering, pp.

14-17 (1939-PS, Tr. p.255).

71. Minutes of second session of Working Committee of the Reich Defense held on 26 April 1933 (EC-177, USA 390, Tr. pp.

1699, 1727). 72. Minutes of conference of sixth session of Working Committee of Reich Defense Council, held on 23 and 24 January 1934 (EC 404, USA 764, Tr. pp.

291, 5124).

73. Directive from Blomberg to Supreme Commanders of Army, Navy and Air forces, 24 June 1935; accompanied by copy of Reich Defense Law of 21 May 1935 and copy of Decision of Reich Cabinet of 12 May 1935 on the Council for defense of the Reich (2261-PS, USA 24, Tr. pp.

277, 292).

74. Memorandum report about the Four Year plan and preparation of the war economy, 30 December 1936 (EC-408, USA 579, Tr. pp.

279, 281, 287, 5874, 6083).75.

Report on state of preparation for war economic mobilization as of 30 September 1934.

(EC-128, USA 623, Tr. pp.295, 2537).

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Footnote number -------76.

Law against Economic Sabotage, 1936 Reichsgesetzblatt, Part I, p.999.

77. Affidavit of Puhl, 2 November 1945. (EC-436, USA-620, Tr. pp.255, 2535).78.

Minutes of meeting of council of ministers on 27 May 1936 (1301-PS, p.15, USA 123, Tr. p.299).79.

English transcript, p.8342.

80. English transcript, p.2135.

81. Excerpts from Diary kept by General Jodl, January 1937 to August 1939 (1730-PS, USA 72, Tr. pp.

556, 1157).

82. Notes on a conference with Hitler in the Reich Chancellery, Berlin, 5 November 1937, signed by Hitler's Adjutant, Hossbach, and dated 10 November 1937 (386-PS, USA 25, Tr. pp.

336, 735, 2137).

83. File of papers on Case Green (the plan for the attack on Czechoslo vakia) kept by Schmundt, Hitler's Adjutant, April-October 1938 (388-PS, USA 26, Tr. pp.

735, 741-748, 760-765, 769-776, 793, 789-807).

84. Excerpts from Diary kept by General Jodl, January 1937 to August 1939 (1780-PS, USA 72, Tr. pp.

556, 1157).

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

744).

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Footnote 26 July LJG 10-1e Number -------86.

Documents found in official Navy files containing notes year by year, from 1927 to 1940, on reconstruction of the German Navy, and dated 18 February 1938, 8 March 1938, September 1938.

(C-23, USA-49, Tr. p. 449). 87. "Germany neither intends or wishes to interfere in the internal affairs of Austria, to annex Austria, or to unite with Austria."

Berlin, May 21, 1935, Voelkischer Beobachter, May 22, 1935.

"Immediately after the Anschluss, I informed Yugoslavia that the frontier in common with that country would henceforth be regarded as unalterable by Germany and that we wished to live with her in peace and friendship."

(Berlin, Oct. 6, 1939, Voelkischer Beobachter, October 7, 1939.

"I have given binding declarations to a num ber of states.

None of these can complain that even a trace of a demand contrary there to has ever been made to them by Germany.

None of the Scandinavian statesmen, for example, can contend that the German Government or that German public opinion has ever made a demand which was incompatible with the sovereignty and integrity of their state."

Berlin, April 28, 1939, Voelkischer Beobachter, April 29, 1939.

"We have given guarantees to the states in the West and have guaranteed to all contiguous neighbors the inviolability of their territory as far as Germany is concerned.

That is not a phrase; that is our sacred will."

Berlin, September 26, 1938, Voelkischer Beobachter, September 27, 1938.

"Without taking the past into account, Germany has concluded a non-aggression pact with Poland.

This is more than a valuable contribution to European peace, and we shall adhere to it uncondition ally.

We only hope that it will be renewed and continued uninterruptedly and that it will deepen the friendly relations between the two countries.

With the under standing and heartfelt friendship of genuine nationalists we recognize Poland as the home of a great and nationally conscious people."

Berlin, May 21, 1935, Voelkischer Beobachter, May 22, 1935.

"Germany has steadily given her assurance, and I solemnly repeat this assurance here, that between ourselves and France, for example, there are no grounds for quarrel that are humanly think able."

Berlin, January 30, 1937, Voelkischer Beobachter, January 31, 1937.

88. Notes on conference between Goering, Mussolini, and Ciano, 15 April 1939 (1874-PS, USA-125, Tr. p. 929). 89.

Note for Reichminister, 26 August 1938 (TC-76, GB-31, Tr. p. 980). 90.

Speech of Fuehrer at a conference, 23 November 1933, to which all Supreme Commanders were ordered (789-PS, USA-23, Tr. pp.

275, 931). 91. Minutes of conference with Goering at the Air Ministry, 14 October 1938, concerning acceleration of rearmament (1301-PS, USA-123, Tr. pp.

295, 296, 299, 300, 2555, 2556, 2558, 2559, 5126.)

Notes on conference with Goering in Westerland on 26 July 1939, signed Mueller, 26 July LJG 10-2e dated Berlin, 27 July 1939 (R-133, USA-124, Tr. p. 928) 92.

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Minutes of conference, 23 May 1939 "Indoctrination on the Political Situation and future Aims."

(L-79, USA-27, Tr. pp.

*---*, 408, 930). 93. Minutes of Second Meeting of Reich Defense Council, 23 June 1939 (3787-PS, USA-782, Tr. pp.

6406, 6167, 12875-12886). 94.

Minutes of conference, 23 May 1939, "Indoctrination on the Political Situation and Future Aims."

(L-79, USA-27, Tr. pp.

359, 408, 930). 95. Letter from Frank to Goering, 25 January 1940 (1375-PS, USA-172, Tr. p. 1273). 96.

Thierack's notes, 18 September 1942, on discussion with Himmler concerning delivery of Jews to Himmler for extermination through work (654-PS, US -218, Tr. pp.

1350, 1950). Letter from Minister of Justice to Prosecutors, 1 April 1944, concerning Poles and Jews who ore released from Penal institutions of Department of Justice (701-PS, USA-497, Tr. p. 1940). 97.

Directive of 27 April 1943 to Commanders of Concentra tion Camps, regarding executions of prisoners (1933-PS, USA-459, Tr. p. 1844). 98.

Copy of telegram from Mueller to Himmler, 16 December 1942, concerning recruiting Jewish labor (1472-PS, USA-279, Tr. p. 1454). Mueller's order, 17 December 1942, concerning prisoners qualified for work to be sent to concentration camps ( 1063-D-PS, USA-219, Tr. p. 1354). 99.

Speer's conference minutes of Central Planning Board, 1942-44, concerning labor supply, p. 36 (R-124, USA 179, Tr. pp.

1286, 1293, 1309, 2989). 100. Report signed by Doenitz, 1944, giving support to Navy and Merchant Marine.

(C-195, GB-211, Tr. p. 2709).

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101. Speer's conference minutes of Central Planning Board, 26 July LJG 10-3e 1942-44, concerning labor supply (R-124, USA-179, P. 32 Tr. pp.

1293, 1286, 1309). 102. Memorandum of 15 Spetember 1941 from Canaris to Keitel concerning an OKW Order regulating the treatment of Soviet prisoners of war (EC-338, USSR-356, Tr. p. 4441). 103.

English transcript, p. 6016. 104. Examples of violations of International Law and proposed counter propaganda, issued by OKW, 1 October 1938, (C-2, USA-90, Tr. p. 2959). 105.

OKW circular entitled Direction of War as Problem of Organization, 19 April 1938 (L-211, GB-161, Tr. p.2397). 106.

English transcript p. 5786. 107. Report by Raeder to Hitler, 16 October 1939 (C-157, GB-224, Tr. p. 2734). 108.

Extract from Befehlshaber der U-bootes; Secret Stand ing Order No. 154 signed by Doenitz.

(D-642, GB-196, Tr. p. 2663).Operation Order "Atlantic" No. 56 for U-boats in Atlantic, 7 October 1943 (D-663, GB-200, Tr. p. 2666). 109.

English transcript, p. 6069. 110. English transcript, p. 5843. 111. English transcript, p. 6050-6052. 112. Extracts from testimony of Goering; "As soon as we had come into power we were decided to keep that power under all circumstances.

.. we could not leave this to the play of coincidence by way of elections and parliamentary majorities.

..." (Tr. p. 5824). "The Laender Parliaments.

.. I considered entirely superflu ous.

..I could not understand why so many different authorities should exist which, with their unnecessary frictions, discussions, arguments, could only prevent constructive work.

.. A further point in the strengthen ing of power was the elimination of the Reichstag as a parliament.

.. In some cases we suggested to the former parties they dissolve themselves, because they 26 July LJG 10-4e had no purpose, end those who would not dissolve them selves were dissolved by us."

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