Transcript for NMT 9: Einsatzgruppen Case

No. 2-A in the Matter of the United States of America

THE MARSHAL: Persons in the Courtroom will please find their seats.

The Honorable, the Judges of Military Tribunal 2-A. Military Tribunal 2-A is now in session. God save the United States of America and this Honorable Tribunal.

THE PRESIDENT: Military Tribunal 2-A will come to order and proceed with the arraignment of the defendants in Case No. 9. The SecretaryGeneral will call the roll of the defendants.

THE SECRETARY GENERAL: Each defendant will stand and answer "present" when his name is called, except in the case of Otto Rasch, who may remain seated. Otto Ohlendorf. Answer present.

OTTO OHLENDORF: Yes.

THE SECRETARY GENERAL: Be seated. Heinz Jost.

HIENZ JOST: Yes.

THE SECRETARY GENERAL:Erich Naumann.

ERICH NAUMANN: Yes.

THE SECRETARY GENERAL: Otto Rasch. Remain seated.

OTTO RASCH : Yes.

THE SECRETARY GENERAL: Erwin Schulz.

ERWIN SCHULZ: Yes.

THE SECRETARY GENERAL: Franz Six.

FRANZ SIX: Yes.

THE SECRETARY GENERAL: Paul Blobel.

PAUL BLOBEL: Yes.

THE SECRETARY GENERAL: Walter Blume.

WALTER BLUME: Yes.

THE SECRETARY GENERAL: Martin Sandberger.

MARTIN SANDBERGER: Yes.

THE SECRETARY GENERAL: Willy Seibert.

WILLY SEIBERT: Yes.

THE SECRETARY GENERAL: Eugen Steimle.

EUGEN STEIMLE: Yes.

THE SECRETARY GENERAL: Ernst Biberstein.

ERNST BIBERSTEIN: Yes.

THE SECRETARY GENERAL: Werner Braune.

WERNER BRAUNE: Yes.

THE SECRTARY GENERAL: Walter Haunsch.

WALTER HAENSCH: Yes.

THE SECRETARY GENERAL: Gustav Nosske.

GUSTAV NOSSKE: Yes.

THE SECRETARY GENERAL: Adolf Ott.

ADOLF OTT: Yes.

THE SECRETARY GENERAL: Eduard Strauch.

EDUARD STRAUCH: Yes.

THE SECRETARY GENERAL: Emil Haussman.

MR. FERENZ: May it please your Honor, the prosecution has been informed that Emil Haussman,named as a defendant, died subsequent to the filing of the indictment.

THE PRESIDENT: The record will show that the defendant Emil Haussman died subsequent to the filing of the indictment and prior to this date or arraignment so that all proceedings arising out of this indictment will cease as of the date of his death.

THE SECRETARY GENERAL: Waldemar Klingelhoefer.

WALDEMAR KLINGELHOEFER: Yes.

THE SECRETARY GENERAL: Lothar Fendler.

LOTHAR FENDLER: Yes.

THE SECRETARY GENERAL: Waldemar von Radetzky.

WALDEMAR VON RADETZKY: Yes.

THE SECRETARY GENERAL: Felix Ruehl.

FELIX RUEHL: Yes.

THE SECRETARY GENERAL: Heinz Schubert.

HEINZ SCHUBERT: Yes.

THE SECRETARY GENERAL: Mathias Graf.

MATHIAS GRAF: Yes.

THE SECRETARY GENERAL: May this Honorable Tribunal please, all defendants except Emil Haussman are present and in the dock.

THE PRESIDENT: Very well. The prosecution will now proceed with the reading of the indictment and the defendants will attend to the reading of the charges lodged against them.

MR. FERENZ:

"Military Tribunal Case No. 9 OTTO OHLENDORF, HEINZ JOST, ERICH NAUMANN, OTTO RASCH, ERWIN SCHULZ, FRANZ SIX, PAUL BLOBEL, ALTER BLUME, MARTIN SANDBERGER,WILLY SEIBERT, EUGEN STEIMLE, ERNST BIBERSTEIN, WERNER BRAUNE, ALTER HAENSCH, GUSTAV NOSSKE, ADOLF OTT, EDUARD STRAUCH, WALDEMAR KLINGELHOEFER, LOTHAR FENDLER, WALDEMARVON RADETZKY, FELIX RUEHL, HEINZ SCHUBERT, and MATHIAS GRAF.

OFFICE OF MILITARY GOVERNMENT FOR GERMAN (US)

"AMENDED INDICTMENT "The United States of America, by the undersigned, Telford Taylor, Chief of Counsel for War Crimes, duly appointed to represent said Government in the prosecution of war criminals, charges that the defendents herein committed Crimes against Humanity and War Crimes, as defined in Control Council Law No. 10, duly enacted by the Allied Control Council on 20 December 1945.

These crimes included the murder of more than one million persons, tortures, atrocities, and other inhumane acts, as set forth in Counts One and Two of this indictment. All of the defendants are further charged with membership in criminal organizations, as set forth in Count Three of this indictment."

THE PRESIDENT: Mr. Ferenze, in view of the fact that we have already had the roll-call of the defendants it seems unnecessary to me that you read again the names of the defendants as they now follow in the indictment and if we hear no objection we will proceed immediately to a reading of the counts beginning on page 6.

MR. FERENZ: Yes.

THE PRESIDENT: Very well.

MR. FERENZ: Count One - Crimes against Humanity.

1. Between May 1941 and July 1943 all of the defendants herein committed Crimes against Humanity, as defined in Article II of Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations or groups connected with: atrocities and offenses, including but not limited to, persecutions on political, racial, and religious grounds, murder, extermination, imprisonment, and other inhumane acts committed against civilian populations, including German nationals and nationals of other countries.

2. The acts, conduct, plans and enterprises charged in paragraph 1 of this Count were carried out as part of a systematic program of genocide, aimed at the destruction of foreign nations and ethnic groups by murderous extermination.

3. Beginning in May 1941, on the orders of Himmler, special task forces called "Einsatzgruppen" were formed from the personnel of the SS, the SD, the Gestapo , and otherpolice units. The primary purpose of these groups was to accompany the German army into the E astern territories, and exterminate Jews, Gypsies , Soviet officials, and other elements of the civilian population regarded as racially "inferior" or "politically undesirable."

4. Initially four Einsatzgruppen were formed, each of which supervised the operation of a number of subordinate units called "Einsatz kommandos" or "Sonderkommandos."

Some Einsatzgruppen had, in addition, other units for special purposes. Each Einsatzgruppe together with its subordinate units consisted of about 500 to 800 persons. Einsatzgruppe A, operating mainly in the Baltic region, included Sonderkommandos 1a and lb and Einsatzkommandos 2 and 3. Einsatzgruppe B, operating mainly in the area towards Moscow, included Sonderkommandos 7a and 7b, Einsatzkommandos 8 and 9, and special units named Vorkommando Moscow, (also known as Sonderkommando7c) and Trupp Smolensk. Einsatzgruppe C, operating mainly in the area towards Kiew, included Sonderkommandos 4a and 4b and Einsatzkommandos 5 and 6. Einsatzgruppe D, operating mainly in the area of sourthern Russia, included Sonderkommandos 10a and 10b and Einsatzkommandos 11 a, 11b and 12.

5. All of the defendants herein, as officers or staff members of one or more Einsatzgruppen or their subordinate units, committed murders, atrocities, and other inhumane acts as more specifically set forth in Paragraphs 6 to 9 , inclusive, of this Count.

DR. HANSSURHOLT: May I please have a word? The defense of the defendant Dr. Rasch calls the attention of the Court to the fact that the defendant is not in a position to attend the Court. The defense has made an application on 8 Sept. that the proceedings against Dr. Rasch be severed. The defendant was brought in this morning and the momentary condi tion of the defendant gives the defense reason to point out that he cannot attend the proceedings any further.

THE PRESIDENT: Are you satisfied that he is not in physical condition to attend the balance of the proceedings this morning which may not endure longer than an hour?

DR. SURHOLT: The defendant has just told me that owing to his condition he is not in a position even to understand the words of the prosecutor. He can't hear them .

THE PRESIDENT: Then do you make the representation that he is not in physical condition to be arraigned this morning?

DR. SURHOLT: I don't think so but I am prepared to represent him and the defendant has consented to that.

THE PRESIDENT: Then you ask that he be excused from the Courtroom for the rest of the proceeding this morning?

DR. SURHOLT: Yes, I ask for that.

THE PRESIDENT: Very well. The defendant Otto Rasch because of his physical condition will be excused from attendance this morning and he will be arraigned at a later date individually, will attendants escort the defendant Otto Rasch from the Courtroom? (the defendant Otto Rasch was escorted from the Courtroom) You may continue, Mr. Ferenz. BY MR. FERENZ:

"6. Einsatzgruppe A and the units under its command committed murders and other crimes which included, but were not limited to, the following;

(A) During the period 22 June 1941 to 15 October 1941 in Lithuania, Latvia, Esthonia and White Ruthenia, Einsatzgruppe A murdered 118, 430 Jews and 3, 398 Communists.

(B) On or about 4 July 1941 in the City of Riga, Sonderkommando 1a and Einsatzkommando 2, together with auxiliary police under their command, carried out pogroms in which all synagogues were destroyed and 400 Jews were murdered.

(C) During October 1941 in Esthonia, Einsatzkommando 1a, together with Esthonian units under their command, committed murders pursuant to a program for the extermination of all Jewish males over sixteen except doctors and Jewish elders.

(D) During the period 7 November 1941 to 11 November 1941 in Minsk, Sonderkommando 1b murdered 6, 624 Jews.

(E) During the period 22 June 1941 to 16 January 1942 in its operational areas, Einsatzkommando 2 murdered 33,970 persons.

(F) On 30 November 1941 in Riga, 20 men of Einsatzkommando 2 participated in the murder of 10,600 Jews.

(G) During the period 22 June 1941 to 19 September 1941 in Lithuania, Einsatzkommando 3 murdered 46,962 persons.

(H) During the period 22 June 1941 to 10 August 1941 in the area of Kauen and Riga, Einsatzgruppe A murdered 29,000 persons.

(I) During the period 2 October 1941 to 10 October 1941 in the vicinity of Krasnowardeisk, Einsatzgruppe A murdered 260 persons.

(J) During the period 15 October 1941 to 23 October 1941 in the vicinity of Krasnowardeisk, Einsatzgruppe a murdered 156 persons.

(K) During the period 24 October 1941 to 5 November 1941 in the vicinity of Krasnowardeisk, Einsatzgruppe A murdered 118 persons.

(L) On 20 November 1941 in the vicinity of Krasnowardeisk, Einsatzgruppe a murdered 855 persons.

(M) In about December 1941 in the ghetto in Witebsk, units of Einsatzgruppe A murdered 4,090 Jews.

(N) On 22 December 1941 in Wilna, units of Einssatzgruppe A murdered 402 persons including 385 Jews.

(O) On 1 February 1942 in Loknia, units of Einsatzgruppe A murdered the 38 gypsies and Jews remaining there.

(P) On 2 and 3 March 1942 in Minsk , units of Einsatzgruppe A murdered 3, 412 Jews.

(Q) On 2 and 3 March 1942 in Baranowitschi, units of Einsatzgruppe A murdered 2,007 Jews.

(R) On 17 March 1942 in Ilja, east of Wilaika, units of Einsatzgruppe A murdered 520 Jews.

(S) On or about 7 April 1942 in Kauen and Olita, Lithuania, units of Einsatzgruppe A murdered 44 persons.

(T) During the period 10 April 1942 to 24 April 1942 in Latvia, units of Einsatzgruppe A murdered 1,272 persons, including 983 Jews 204 Communists and 71 Gypsies.

7. Einsatzgruppe B and the units under its command committed murders and other crimes which included, but were not limited to, the following:

(A) In about July 1941 in the city of Minsk, units of Einsatzgruppe B murdered 1,050 Jews and liquidated political officials, "Asiatics" and others.

(B) During the period 22 June 1941 to 14 November 1941 in the vicinity of Minsk and Smolensk, Einsatzgruppe B murdered more than 45,467 persons.

(C) On 15 October 1941 in Mogilew, units of Einsatzgruppe B murdered 83 "Asiatics."

(D) On 19 October 1941 in Mogilew, units of Einsatzgruppe B participated in the murder of 3,726 Jews.

(E) On 23 October 1941 in the vicinity of Mogilew , units of Einsatzgruppe B murdered 279 Jews.

(F) During the period 22 June 1941 to 14 November 1941 in its operational areas, Sonderkommando 7a murdered 1,517 persons.

(G) In September or October 1941 in Sadrudubs, Sonderkommando 7a murdered 272 Jews.

vicinity of Klinzy, Sonderkommando 7a murdered 1,585 Jews and 45 Gypsies. areas, Sonderkommando 7b murdered 1,822 persons. White Ruthenia, Sonderkommando 7b murdered 216 Jews. Bryansk, Sonderkommando 7b murdered 82 persons, including 27 Jews. areas, Einsatzkommando 8 murdered 28,219 persons. 8 murdered 627 Jews and 812 other persons. participated in the murder of 113 Jews. 912 Jews.

THE PRESIDENT:Mr. Ferenz, I would suggest that it is not necessary to read the letter which proceeds each paragraph; merely read the text.

MR. FERENZ: Yes, sir. 8 murdered 822 Jews. of Mogilew, Einsatzkommando 8 murdered 1,609 persons, including 1,551 Jews and 33 Gypsies. began murdering Jews and by 25 October 1941, 3000 Jews had been executed of Witebsk, Einsatzkommando 9 murdered 273 persons, including 170 Jews. operational areas, the Group Staff of Einsatzgruppe and the Vorkommando Moscow murdered 2,457 persons.

of Smolensk, the Grup Staff of Einsatzgruppe B and the Vorkommando Moscow murdered 144 persons. gruppe B and the Vorkommando Moscow murdered 144 persons. Einsatsgruppe B and the Vorkommando Moscow murdered all male Jews. Roslawl, Vorkommando, Moscow murdered 52 persons. Smolensk, Trupp Smolensk murdered 60 persons, including 18 Jews.

If your Honors, please, Mr. Walton will now continue with the reading of the indictment.

MR. WALTON: Paragraph 8. Einsatzgruppe C and the units under its command committed murders and other crimes which included, but were not limited to, the following: of Shitomir, Novo Ikrainia and Kiew, Einsatzgruppe C murdered more than 75,000 Jews. Jews and confiscated their clothing and valuables. Shitomir, Sonderkommando 4a murdered 2,531 persons. areas, Sonderkommando 4a murdered more than 51,000 persons. Sokal and Luck, Sonderkommando 4A murdered 3000 Jews 317 Communists. Jews between the ages of 12 and 60.

Sonderkommando 4a murdered 32 Gypsies. with the Group Staff and police units, murdered 33,771 Jews and confiscated their clothing and valuables. Jews. vicinity of Krementschug, Sonderkommando 4b murdered 125 Jews and 103 political officials. Sonderkommando 4b murdered 186 persons. Poltawa, Sonderkommando 4b murdered 595 persons. vicinity of Kiew, Sonderkommando 4b murdered 861 persons, including 139 Jews and 649 political officials. vicinity of Artemowsk, Sonderkommando 4b murdered 1,317 persons, including 1,224 Jews and 63 "political activities." operational areas, Einsatzkommando 5 murdered 29, 644 persons. murdered 74 Jews. of Berditschew, Einsatzkommando 5 murdered 8,800 Jews and 207 political officials. vicinity, of Rowno, Einsatzkommando 5 murdered 2,615 Jews and 64 political officials.

vicinity of Kiew, Einsatzkommando 5 murdered about 8.000 Jews and 104 political officials. vicinity of Dnjepropetrowsk, Einsatzkommando 6 murdered 226 Jews and 19 political officials. of Stalino, Einsatzkommando 6 murdered about 149 Jews and 173 political officials. 6 murdered 493 persons, including 80 political activities and 369 Jews. and other crimes which included, but were not limited to, the following: in the area of Southern Russia, murdered more than 90,000 persons. murdered 45 persons, including the Council of Jewish Elders. murdered 16 Communists and 682 Jews. Kitschinew, Einsatzkommando 11a murdered 551 Jews. 11b murdered over 700 persons. Einsatzkommando 12 murdered 94 Jews. of Chotin, Einsatzgruppe D murdered 150 Jews and Communists. vicinity of Nikolajew, Einsatzgruppe D murdered 8,890 Jews and Communists.

vicinity of Nikolajew and Cherson, Einsatzgruppe D murdered 22,467 Jews. east of the Dnjepr, Einsatzgruppe D murdered 4,891 Jews and 46 Communists.

(L) During the period 15 January 1942 to 31 January 1942 within its operational areas, Einsatzgruppe D murdered 3,601 persons, including 3,286 jews and 152 Communists.

(M) During the period 1 February 1942 to 15 February 1942 within its operational areas, Einsatzgruppe D murdered 1,451 persons, including 920 Jews and 468 Communists.

(N) During the period 16 February 1942 to 28 February 1942 within its operational areas, Einsatzgruppe D murdered 1,515 persons, including 729 Jews, 271 Communists and 421 Gypsies and other persons.

(O) During the period 1 March 1942 to 15 March 1942 within its operational areas, Einsatzgruppe D murdered 2,010 persons, including 678 Jews, 359 Communists, and 810 Gypsies and other persons.

(P) During the period 15 March 1942 to 30 March 9142 within its operational areas, Einsatzgruppe D murdered 1,501 persons, including 588 Jews, 405 Communists, and 261 Gypsies and other persons.

10. The acts and conduct of the defendants set forth in this Court were committed unlawfully, wilfully and knowingly and constitute violations of the law of nations, international conventions, general principles of criminal law as derived from the criminal law of all civilized nations, the international penal laws of the countries in which such crimes were committed, and Article II of Control Council Law No. 10.

11. Between 22 June 1941 and July 1943 all of the defendants herein committed war crimes as defined in Article II of Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations or groups connected with: atrocities and offenses against persons and property constituting violations of the laws or customs or war, including, but not limited to, murder and ill-treatment of prisoners of war and civilian populations of countries and territories under the billigerent occupa tion of, otherwise controlled by Germany, and wanton destruction and devastation not justified by military nnecessity.

The particulars concerning these crimes are set forth in paragraphs 6 to 9, inclusive, of Count One of this Indictment and are incorporated herein by reference.

12. The acts and conduct of the defendants set forth in this Count were committed unlawfully, willfully, and knowingly and constitute violations of international conventions, particularly of Articles 43 and 46 of the Regulations of the Hague Convention No. IV, 1907, the Prisoner-of-War Convention (Geneva, 1929), the laws and customs of war, the general principles of criminal law as derived from the criminal laws of all civilized nations--The international penal laws... It should be the "internal penal laws." It should be corrected.

THE PRESIDENT: Let that correction be noted in the record.

MR. WALTON: ...the internal penal laws of the countries in which such crimes were committed, and Article II of Control Council Law No. 10.

13. All the defendants herein are charged with membership, subsequent to 1 September 1939, in organizations declared to be criminal by the International Military Tribunal and paragraph 1 (d) of Article II of Control Council Law No. 10. Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the "SS"). Blume, Sandberger, Seibert, Steimle, Biberstein, Braune, Haensch, Otto, Strauch, Haussman, Klingelhoefer, Fendler, Von Radetzky, Schulbert and Graf were members of Aemater III, VI and VII of the Reichssicherheitshauptanit (RSHA) constituting the Reichssicherheitsdienst des Reichsfuehrers SS (Commonly known as the "SD").

and Ruehl were members of Amt IV of the Reichssicherheitshauptamt (RSHA) constituting the Geheime Staatspolizei (commonly known as the "Gestapo"). of the Military Tribunals and the charges herein made against the above-named defendants are hereby presented to the Military Tribunals.

Signed "Telford Taylor, Brigadier General, U.S. Army, Chief of Counsel for War Crimes, Acting on behalf of the United States of America."

THE PRESIDENT: Mr. Walton, do you know whether the error pointed out by you is the result of a translation incorrectly done, or entirely a typographical error?

MR. WALTON: It is my impression, sir, that it is a typographical error. I will inform myself and report to the Court later on.

THE PRESIDENT: Well, it occurred to the Tribunal that we might make the correction now without the necessity of a formal amendment, if it is purely a typographical error; and if there is no objection from either side we will see to it that the indictment will read, in paragraph 12, "the internal penal laws," instead of the International penal laws," as you pointed out. notwithstanding each one will be asked whether he is familiar with the indictment because of having read it himself. into the microphone. There will be no speeches, discussions or arguments of any kind at this time. The defendant will answer the very simple questions put to him, and then plead "guilty" or "not guilty" to the charges lodged against him in the indictment. Tribunal?

DEFENDANT OHLENDORF: Yes.

THE PRESIDENT: Was the indictment in the German language served upon you at least thrity days ago?

THE PRESIDENT: Have you read the indictment?

THE PRESIDENT: How do you plead to this indictment, guilty or not guilty?

DEFENDANT OHLENDORF: Not guilty, in the sense of the indictment.

THE PRESIDENT: You plead not guilty?

THE PRESIDNET: Very well.

Heinz Jost. Are you represented by counsel before this Tribunal?

DEFENDANT JOST: Yes.

THE PRESIDENT: Was the indictment in the German languaged served upon you at least thirty days ago?

DEFENDANT JOST: Not guilty, in the sense of the indictment.

THE PRESIDENT: Very well. bunal?

DEFENDANT NAUMANN: Yes.

THE PRESIDENT: Was the indictment in the German language served upon you at least thirty days ago?

THE PRESIDENT: How do you plead to this indictment, builty or not guilty?

DEFENDANT NAUMANN: Not guilty.

Erwin Schulz, are you represented by counsel before this Tribunal?

DEFENDANT SCHULZ: Yes.

DEFENDANT SCHULZ: Not guilty.

THE PRESIDENT: Franz Six, are you represented by counsel before this Tribunal?

DEFENDANT SIX: Yes.

DEFENDANT SIX: Not guilty.

THE PRESIDENT: Paul Blobel, are you represented by counsel before this Tribunal?

DEFENDANT BLOBEL: Yes.

DEFENDANT BLOBEL: Not guilty.

THE PRESIDENT: You may be seated. Walter Blume.

JUDGE SPEIGHT: Are you represented by counsel before this Tribunal?

DEFENDANT BLUME: Yes.

JUDGE SPEIGHT: Was the indictment in the German language served upon you at least thirty days ago?

JUDGE SPEIGHT: Have you read the indictment?

JUDGE SPEIGHT: How do you plead to this indictment, builty or not guilty?

DEFENDANT BLUME: Not guilty.

THE PRESIDENT: Martin Sandberger.

JUDGE SPEIGHT:Are you represented by counsel before this Tribunal?

DEFENDANT SANDBERGER: Yes.

JUDGE SPEIGHT: How do you plead to this indictment, guilty or not guilty?

DEFENDANT SANDBERGER: Not guilty, in the sense of the indictment.

THE PRESIDENT: Willy Seibert.

DEFENDANT SEIBERT: Yes.

JUDGE SPEIGHT: Was the indictment in the German language served upon you more than thirty days ago--at least thirty days ago?

DEFENDANT SEIBERT: Not guilty.

THE PRESIDENT: Eugen Steimle.

DEFENDANT STEIMLE: Yes.

DEFENDANT STEIMLE: Not guilty, in the sense of the indictment.

THE PRESIDENT: Ernst Biberstein.

DEFENDANT BIBERSTEIN: Yes.

Transcript for NMT 9: Einsatzgruppen Case

Defendants