It is not long; it is very brief.
I am quoting directly. It says:
"The methods used for the recruitment of foreign workers who for deportation to Germany."
"The main difference was that, since the principal activities "In the recruitment drives for foreign workers for the were used, the latter usually with very little result."
armaments and munitions. This has been made plain by the evidence R-124, the minutes of the meeting of the Central Planning Board; prisoners of war to factories as convicts.
That is shown again by
THE PRESIDENT (interposing): Mr. Dodd, don't you think that we really have got this sufficiently now?
MR. DODD: Yes, Sir.
THE PRESIDENT: We have Speer's own admission and any number of
MR. DODD: Well, I just wanted to refer briefly to that passage
THE PRESIDENT: Did you say 124?
MR. DODD: Yes, 124.
THE PRESIDENT: What page?
MR. DODD: Thirteen. Well, I don't want to labor this responsibility of the Defendant Speer.
I was anxious -- or perhaps
THE PRESIDENT: Which is the passage you want to refer to on page 13?
MR. DODD: I just referred in passing to the statement which begins with the words, "We have come to an arrangement with the Reichsfuehrer SS."
And the next to the last sentence says: "The men should be put into the factories as convicts."
13. Dec. M.RT-2 to say to the Tribunal that he visited the concentration camp at Mauthaussen, and he also visited factories such as those conducted by the Krupp industries, where concentration camp labor was exploited under degrading conditions. Despite this first-hand knowledge of these conditions both in Mauthaussen and places where these forced laborers were at work in factories, he continued to direct the use of this type of labor in factories under his own jurisdiction.
THE PRESIDENT: How do you intend to prove it as to these concentration camps?
MR. DODD: I was going to refer the Tribunal to page 9 of the interrogation of the 18th of October, 1945, and I refer to page 11, paragraph 5 of the German text; and page 9, beginning with paragraph 9 of the English text:
"Q But, in general, the use of concentration camp labor was known to you and approved by you as a source of labor?
"A Yes.
"Q And you knew also, I take it, that among the inmates of the concentration camps there were both Germans and Foreigners?
"A I did'nt think about it at that time.
"Q As a matter of fact, you visited the Austrian concentration camp personally, did you not?
"A I did'nt -- well, I was in Mauthaussen once, but at that time I was not told just to what categories the inmates of the concentration camps belonged, "Q But in general everybody knew, did they not, that foreigners who were taken away by the Gestapo or arrested by the Gestapo, as well as Germans, found their way into the concentrations camps?
"A Of course, yes. I did'nt mean to imply anything like that."
13.Dec.M.RT-3 13th paragraph of the English text, and page 20 in the German text, we find this question:
"Q Did you ever discuss, by the way, the requirements of Krupp for foreign labor?"
The answer is: "It is certain that it was reported to me"
THE PRESIDENT ( Interposing): What page is this?
MR DODD: Page 15.
THE PRESIDENT: Thank you.
MR. DODD: Beginning with paragraph 13.
THE PRESIDENT: Yes.
DODD: "Did you ever discuss by the way, the requirements of Krupp for foreign labor?
"A It is certain that it was reported to me what lack Krupp "Q Did you ever discuss it with any of the members of the Krupp first?
"A I cannot say that exactly, but during the time of my lack of manpower."
the Tribunal to refer to what we consider to be some of the applicable law of the case for the assistance of the Tribunal in considering these documents which we have offered.
We refer, of course, first of all, to Sections 6 (b) and 6 (c) of the Charter of this Tribunal. We also say that the acts of the conspirators constituted a flagrant violation of Articles 46 and 52 of the Regulations annexed to the Hague Convention No. IV of 1907. lives of persons in areas under belligerent occupation Article 52 provides in part that:
"Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country". labor which they conscripted was not used to satisfy the needs of the army of occupation, but, on the contrary, was forcibly removed from the occupied areas and exploited in the interest of the German war effort. Defendant Sauckel and Speer, by virtue of their planning, of their execution, and of their approval of this program which we have been describing yesterday and today, the enslavement and the misuse of the forced labor of prisoners of war -- that for this they bear a special responsibility for their crimes against humanity and their war crimes.
THE PRESIDENT: Are you finishing, Mr. Dodd?
MR. DODD: Yes, I have concluded.
THE PRESIDENT: I should like to ask you why you have'nt read Document 3057-PS, which is Sauckel's statement.
MR. DODD: Yes. We had intended to offer that document. Counsel for the Defendant Sauckel informed me a day or two ago that his client maintained that he had been coerced into making the statement. Because we had not ample time to ascertain the facts of the matter, we preferred to withold it, rather than to offer it to the Tribunal under any question of doubt.
THE PRESIDENT: He objects to it, and therefore, you haven't put it?
MR. DODD: No, we did not offer it while there was any question about it.
THE PRESIDENT: Very well.
MR. DODD: Might I suggest to the Tribunal that a recess be taken at this time? I am sorry to have to say that I am due to be before the Tribunal for a little while - that is, I am sorry for the Tribunal - with the matters on the concentration camps.
THE PRESIDENT: You mean a recess now?
MR. DODD: If Your Honor pleases.
THE PRESIDENT: Certainly, yes; ten minutes.
(Whereupon at 1120 hours a ten-minute recess was taken).
MR. DODD: May it please the Tribunal, we propose to offer additional evidence at this time concerning the use of Nazi concentration camps against the people of Germany and allied nationals. We propose to examine the purposes and the role of the concentration camp in the larger Nazi scheme of things. We propose to show that the concentration camp was one of the fundamental institutions of the Nazi regime, that it was a pillar of the system of terror by which the Nazis consolidated their power over Germany and imposed their ideology upon the German people; that it was really a primary weapon in the battle against the Jews, against the Christian Church, against Labor, against those who wanted peace, against opposition or non-conformity of any kind. We say it involved the syste matic use of terror to achieve the cohesion within Germany which was necessary for the execution of the conspirators' plans for aggression.
principle instruments used by the conspirators for the commission on an enormous scale of crimes against humanity and war crimes; that it was the final link in a chain of terror and repression which involved the SS and the Gestapo and which resulted in the apprehension of victimes and their confinement, without trial, often without charges, generally with no indication of the length of their detention. role of the SS and the Gestapo in this phase of Nazi terorism, the concentration camp, but at this point, I wish simply to point out that the SS, through its espionage system tracked down the victims, that the criminal police and the Gestapo seized them and brought them to the camps, and that the concentration camps were administered by the SS. of the brutality of the concentration camp from the showing of the moving picture. More than that, individual prosecutions are going on, going forward before other courts which will record these outrages in detail. Therefore, we do not propose to present a catalogue of individual brutalities, but, rather, to submit evidence showing the fundamental purposes for which the camps were used, the techniques of terror which were employed, the large number of victims and the death and the anguish which they caused. in a document book bearing the letter "S". I might say that the documents in this book have been arranged in the order of presentation, rather than, as we have been doing, numerically. In this book we have put them in as they occur in the presentation. One document in this book, 2309-PS, is cited several tines, so we have marked it with a tab with a view to facilitating reference back to it. It will be referred to more than once. of actual and potential opposition, they could not consolidate their power over the German people.
We have seen that immediately after Exhibit A. It was this decree which was the basis for the so-called "Shutzhaft", that is, protective custody -- the terrible power to imprison people without judicial proceedings.
This is made clear by document No. 2499-PS, which is a typical order for protective custody.
We offer come into the possession of the Prosecution.
It bears USA Exhibit No. 232, I should like to quote from the body of that order:
"Order of Protective Custody.
"Based on Article 1, of the Decree of the Reich President for the Protection of People and State of 28 February 1933 (Reichsgesetzblatt I, p. 83), you are taken into protective custody in the interest of public "Reason:
Suspicion of activities inimical toward, the State."
Defendant Goering in a book entitled "Aufbau Einer Nation", published Social Democrats.
We refer to document 2324-PS, USA Exhibit 233. This document is an excerpt from page 89 of the German book.
We refer to the third and fourth paragraphs of the document, which I read as follows:
"We had to deal ruthlessly with these enemies of the State. It must "Thus the Concentration Camps were created, to which we had to send parties."
camps was almost without limit. The defendant Frick, in an order which made this quite clear.
An extract from this order is set forth in Document 1723-PS, to which we make reference.
It bears United States Exhibit No. 206.
I wish to read Article 1, beginning at the bottom of page 5 of the English translation of this order:
"Protective custody can be decreed as a coercive measure of the aspirations of enemies of the people and State."
order, which are found at the top of Page 1 of the English translation:
"In a summary of all the previously issued decrees on the co and ordain:
"1. To the Gestapo has been entrusted the mission by the kinds directed against both.
The successful solution of this mission frictionless work of the Party.
The Gestapo, in their extremely difficult the NSDAP".against the "enemies of the State", against "disintegrating forces", against those people who endangered the State "with their attitude".Whom did they consider as belonging in these broad categories?
Well, first, there were the men in Germany who wanted peace.
We refer to THE PRESIDENT:
What was the date of that document that you have been referring to, Number 1723-PS?
MR. DODD: January 25, 1938. Which has already been introduced and which is included in USA Exhibit A. This document consists of an affidavit of Gerhart H. Segar, and I wish only to read from Page 1, Paragraph 2 of that affidavit:
"2. During the period after World War One up until my commitment tactics.
My conflich with the Nazis by virtue of my identification with ing a political faith (Social Democratic Party) hostile to National weapon in overcoming democratic opposition."
Passing to Page 5 of the same document, and the paragraph marked (9) "That the Nazis had already conceived the device of the Concentration which I had with Dr. Wilhelm Frick in December 1932.
Frick at that time I was a member.
When I gave an emphatic answer to Frick concerning the particular matter discussed, he replied, 'Don't worry, when we are in power we shall put all of you guys into Concentration Camps'. When the Chief of the Prussian State Police, and Himmler."
by terror and Frick's statement to Segar is completely consistent with evidence and has been included in USA Exhibit A. We refer to the first page of the English translation, page 48 of the German text.
On page one the quotation begins:
"This fateful struggle will first be taken up with the ballot, in a battle, blood must be shed, and iron broken.
The ballot is the beginning of the fateful struggle.
We are determined to promulgate by force that which we preach.
Just as Mussolini exterminated the Marxists dictatorship and terror."
THE PRESIDENT: This is the defendant, is it?
MR. DODD: Yes, the defendant Frick.
camp against the men who wanted peace. There was, for example, a group called the Bibel Forscher; that is, Bible Research Workers, most of whom were known as Jehovah's Witnesses.
They were pacifists, and so the number D-84, U.S.A. Exhibit No. 236.
13. Dec.M.RT-1 is an order by the Secret State Police at Berlin, and I refer particularly to the first and last paragraphs of this order, as follows:
"The Reichsminister of Justice had informed me that he does not share the opinion voiced by subordinate departments on various occasions, according to which, the arrest of the Bibelforschers after they have served a sentence is supposed to jeopardize the authority of the Law Courts. He is fully aware of the necessity for measures by the State Police after the sentence has been served. He asks, however, not to bring the Bibelforchers into protective custody under circumstances detrimental to the respect of the Law Courts."
And then, the paragraph numbered (2):
"If information regarding the impending release of a Bibelforscher from arrest is received from the authorities carrying out the sentence, my decision regarding the ordering of measures by the State Police, will be asked for in accordance with my circular decree dated 22.4.37, so that transfer to a Concentration Camp can take place immediatly after the sentence has been served. Should a transfer into Concentration Camp immediatly after the serving of the sentence not be possible, Bibelforschers will be detained in police prisons."
majority are traditionally opposed to wars of aggression, also felt the full force of Nazi terror. A member of the American staff, Major Wallis, has already submitted evidence before this Tribunal concerning the conspirators' campaign against the trade unions. But the concentration camp was an important weapon in this campaign, and the Tribunal will recall that in Document No.2324-PS, to which I made reference this morning, the Defendant Goering made it plain that members of the Social Democratic Party were to be confined in concentration camps. Now, labor leaders were very largely members of that Party, and they soon learned the horrors of protective custody. We refer to Document No. 2330-PS, which has already been received as part of USA Exhibit A, which consists of an order that one Joseph Simon should be placed in protective custody. We refer to the middle of the first page of the English translation of that order, beginning with the material under the word "Reasons."
THE PRESIDENT: I think you should read the sentence before that -- the two lines before it. The words are: "The arrestee has no right to appeal against the decree of protective custody."
MR. DODD: "The arrestee has no right to appeal against the decree of protective custody." Then comes a title "Reasons":
"Simon was for many years a member of the Socialist Party and temporarily a member of the Union Socialists Populaire. From 1907 to 1918 he was Landtag deputy of the Socialist Party; from 1908 to 1930 Social Democratic City Counsellor (Stadrat) in Nurnberg. In view of the decisive role which Simon played in the international trade unions, and in regard to his connection with international Marxist leaders and central agencies, which he continued after the national recovery, he was placed under protective custody on the third day of May 1933, and was kept, until 25 January 1934, in the Dachau Concentration Camp. Simon is under the urgent suspicion that even after this date he played an active part in the illegal continuation of the Socialist Party.
He took part in meetings which aimed at the illegal continuation of the Socialist Party and propagation of illegal Marxist printed matter in Germany. Through this radical attitude, which is hostile to the State, Simon directly endangers public security and order." of such instances, but I refer the Tribunal to documents which have already been offered in connection with the presentation of the evidence concerning the destruction of the trade unions. In particular, we wish to refer to Document No.2334-PS and Document No. 2928-PS, both of which are included within USA Exhibit A. confined in these concentration camps. The evidence on this point will be developed in a later presentation by another member of the prosecuting staff of the United States. But among the wealth of evidence available on this point, showing the confinement of Germans only because they were Jews, we wish to offer a Document, No.3051-PS, which bears USA Exhibit No.240. This is a copy of a teletype from SS Gruppenfuehrer Heydrich, and it is dated the 10th of November 1938. It was sent to all Headquarters of the State Police and all Districts and Sub-Districts of the SD. We refer to paragraph 5 of this teletype. Paragraph 5 is found on page 3 of the English translation. It begins at the bottom of page 2 and runs over to page 3. Quoting paragraph 5:
"Inasmuch as in the course of the events of this night the employment of officials used for this purpose would be possible, in all districts as many Jews, especially rich ones, are to be arrested as can be accommodated in the existing prisons. For the time being only healthy men not too old are to be arrested. Upon their arrest, the appropriate concentration camps should be contacted immediately, in order to confine them in these camps as fast as possible."
"Special care should be taken that the Jews arrested in accordance with these instructions are not mistreated."
against the Jews had been motivated not simply by Nazi racialism. Himmler indicated that this policy had been motivated by a fear that the Jews might have been an obstacle to aggression. There is no necessity to consider whether this fear was justified. The important consideration is that the fear existed, and with reference to it we refer to Document 1919-PS, which bears USA Exhibit No. 170. The document is a speech delivered by Himmler at the meeting of the SS Major Generals at Posen on 4 October 1943, in the course of which he sought to justify the Nazi anti-Jewish policy. We refer to a portion of this document or this speech which is found on page 4, paragraph 3, of the English translation, starting with the words "I mean the clearing out of the Jews":
"I mean the clearing out of the Jews, the extermination of the Jewish race. It's one of those things it is easy to talk about 'The Jewish race is being exterminated', says one Party member, 'that's quite clear, it's in our program, elimination of the Jews, and we're doing it, exterminating them'. And then they come, 80 million worthy Germans, and each one has his decent Jew. Of course, the others are vermin, but this one is an A-1 Jew. Not one of all those who talk this way has witnessed it, not one of them has been through it. Most of you must know what it means when 100 corpses are lying side by side, or 500 or 1000. To have stuck it out and at the same tire -apart from exceptions caused by human weakness -- to have remained decent fellows, that is what has made us hard. This is a page of glory in our history which has never been written and is never to be written, for we know how difficult we should have made it for ourselves, if with bombing raids, the burden and deprivations of war - we still had Jews today in every town as secret saboteurs, agitators and troublemongers." launching of the Nazi aggression, the concentration camp had been one of the principal weapons by which the conspirators achieved the social cohesion which was needed for the execution of their plans for aggression.
After they launched this aggression and their armies swept over Europe, they brought the concentration camp to occupied countries, and they also brought the citizens of the occupied countries to Germany and subjected them to the whole apparatus of Nazi brutality.
Document No. R-91 is USA Exhibit No. 241. This document consists of a communication dated the 16th day of December 1942, sent by Mueller, M-U-E-L-L-E-R, to Himmler, for the Chief of the Security Police and SD, and deals with the seizure of Polish Jews for deportation to concentration camps in Germany. I am beginning with the first paragraph. It says, quoting directly:
"In connection with the increase in the transfer of labor to the concentration camps, ordered to be completed by 30 January 1943, the following procedure may be applied in the Jewish section.
"1. Total number: 45,000 Jews.
"2. Start of transportation: 11 January 1943.
End of transportation: 31 January 1943. The Reich railroads are unable to provide special trains for the evacuation during the period from 15 December 1942 to 10 January 1943, because of the increased traffic of armed forces leave trains.
"3. Composition: The 45,000 Jews are to consist of 30,000 Jews from the district of Byalystock. 10,000 Jews from the Ghetto Theresienstadt, 5,000 of whom are Jews fit for work who heretofore had been used for smaller jobs required for the Ghetto, and 5,000 Jews who are generally incapable of working, also over 60-year old Jews."
And passing the next sentence:
"As heretofore only such Jews would be taken for the evacuation who do not have any particular connections and who are not in possession of any high decorations. 3,000 Jews from the occupied Dutch territories, 2,000 Jews from Berlin -- 45,000. The figure of 45,000 includes the invalid (old Jews and children). By use of a practical standard, the screening of the arriving Jews in Auschwitz should yield at least 10,000 to 15,000 people fit for work."
The Jews of Hungary suffered the same tragic fate. Between 19 March 1944 and the 1st of August 1944 more than 400,000 Hungarian Jews were rounded up. Many of these were put in wagons and sent to extermination camps, and we refer to Document No. 2605-PS, USA Exhibit No. 242. This document is an affidavit made in London by Dr. Rudolph Kastner, a former official of the Hungarian Zionist Organization. We refer to page 3 of the document, the third full paragraph:
"19 March 1944" -- quoting -- "Together with the German Military occupation arrived in Budapest a 'Special Section Commando' of the German Secret Police with the sole object of liquidating the Hungarian Jews. It was headed by Adolf Aichmann, SS Obersturmbannfuehrer, Chief of Section IV.B of the Reich Security Head Office. His immediate collaborators were: SS Obersturmbannfuehrer Hermann Krumcy, Hauptsturmfuehrer Wisliczeny, Hunsche, Novak, Dr. Seidl, and later Danegger, Wrtok. They arrested and later deported to Nauthausen, all the leaders of Jewish political and business life and journalists, together with the Hungarian democratic and anti-Fascist politians, taking advantage of the 'interregnum' following upon the German occupation lasting four days, they have placed their Quislings into the Ministry of the Interior."
with the words "Commanders of the death camps", and quoting:
"Commanders of the death camps gassed only on direct or indirect instructions of Aichmann. The particular officer of IV.B. who directed the deportations from some particular country had the authority to indicate whether the train should go to a death camp or not, and what should happen to the passengers. The instructions were usually carried by the SS-NCO escorting the train. The letters "A" or "M" -- capital letters "A" or "M" -- "on the escorting instruction documents indicated Auschwitz or Majdanek; it meant that the passengers were to be gassed."
And passing over the next sentence, we come to these words:
"Regarding Hungarian Jews the following general ruling was laid down in Auschwitz: children up to the age of 12 or 14, older people over 50, as well as the sick, or people with criminal records, who were transported in specially marked wagons, were taken immediately on their arrival to the gas chambers.
"The others passed before an SS doctor who, on sight, indicated who was fit for work and who was not. Those unfit were sent to the gas chambers, while the others were distributed in various labor camps."
In the so-called "Eastern territories" these victims were apprehended for extermination...
THE PRESIDENT: Mr. Dodd, don't you want page 5 for the numbers which you have stated -- 27th of June, up to the 27th of June 1944? You haven't given us any authority for the numbers that you have stated.
MR. DODD: Oh, yes. On page 5 of that same document, 2605-PS, quoting: "Up to the 27th of June, 1944, 475,000 Jews were deported."
In the so-called "Eastern territories", these victims were apprehended for extermination in concentration camps without any charges having been placed against them. In the Western occupied territories, charges seemed to have been made against some of the victims. Some of the charges which the Nazi conspirators considered sufficient basis for confinement to the concentration camps are shown by reference to Document No. L-215, which bears USA Exhibit 243.
This document is the summary of the file, the dossier, of twenty-five persons arrested in Luxembourg for commitment to various concentration camps, and sets forth the charges made against each person. Beginning with the paragraph after the name "Henricy", at the bottom of the first page, and quoting:
The name: "Henricy.
"Charge: By associating with members of illegal resistance movements and making money for them, violating legal foreign exchange rates, by harming the interests of the Reich and being expected in the future to disobey official administrative regulations and act as an enemy of the Reich.
"Place of confinement: Natsweiler."
Next comes the name of "Krier"; and the charge:
"By being responsible for advanced sabotage of labor and causing fear because of his political and criminal past. Freedom would only further his anti-social urge.
"Place of confinement: Buchenwald."
Passing to the middle of page 2, after the name "MONTI," "Charge: By being strongly suspected of aiding desertion. Sachsenhausen, place of confinement."
Next, after the name "Junker," "Charge: Because as a relative of a deserter he is expected to endanger the interests of the German Reich if allowed to go free. Place of confinement, again, Sachsenhausen."
"JAEGER" is the next name and the charge against Jaeger, quoting, "Because as a relative of a deserter he is expected to take advantage of every occasion to harm the German Reich. Place of confinement, Sachsenhausen.
And down to the name "LUDWIG," "For being strongly suspected of aiding desertion. Place of confinement, Dachau." prisoners of war were subjected to the horrors and the brutality of the concentration camps; and we refer to Document No. 1165 PS, which bears USA Exhibit No. 244. This document is a memorandum to all officers of the State Police, signed by Mueller, the Chief of the Gestapo, dated the 9th of November, 1941. The memorandum has the revealing title of, and I quote, "Transportation of Russian Prisoners of War, Destined for Execution, into the Concentration Camps." found on page 2 of the English translation and I quote directly:
"The commandants of the concentration camps are complaining that 5 to 10% of the Soviet Russians destined for execution are arriving in the camps dead or half dead. Therefore the impression has arisen that the Stalags are getting rid of such prisoners in this way.
"It was particularly noted that, when marching, for example, from the railroad station to the camp a rather large number of PWs collapsed on the way from exhaustion, either dead or half dead, and had to be picked up by a truck following the convoy.
"It cannot be prevented that the German people take notice of these occurrences.
"Even if the transportation to the camps is generally taken care of by the Wehrmacht, the population will attribute this situation to the SS.