"Execution pursuant to order of the Chief of SIPO and SD dated 30th April 1942, and the ditto marks beneath indicate that the same cause of death was assigned to the names which come beneath it. In the eighth column is the date of death and the hour of death. The first one being 9-5-42 at 23.35 hours. In the ninth column there is a space which says it is reserved for comments.
THE PRESIDENT: There are numbers there too - M1681 is the first one.
MR. DODD: Well, the German word, I am told, means that it confirms the death with that number. Apparently the number of the
THE PRESIDENT: I think yon said the number of the corpse.
MR. DODD: The number of the corpse, I think that is what it is as distinguished from the number of the prisoner. Each corpse was given a number as well after the individual died.
COLONEL STOREY; If the Tribunal please, the next phase of war crimes, Crimes Against Humanity, Persecution of Jews, will be presented by Major Walsh.
MAJOR WALSH: If the Tribunal please, on behalf of the United States Counsel I now present to this august Tribunal the evidence to establish certain phases of the indictment alleged in Count I under War Crimes and Crimes Against Humanity, and by agreement between the prosecutors the allegations in Count IV, paragraph 10(b), Crimes Against Humanity. The topical title of this presentation is, "The Persecution of the Jews". U.S.A Exhibit . . . These documents contained in the books are arranged according to the D-, TL-, PS-, and the R-series; and under the series the translations are listed numerically. This title, "The Persecution of the Jews," is singularly inappropriate when weighted in the light of the evidence to follow. Academically, I am told, to persecute is to afflict, harrass, and annoy the term used does not convey, and indeed I cannot conjure a term that does convey the ultimate aim, the avowed purpose to obliterate the Jewish race.
the crimes committed against the Jews. The extent and the scope of the crimes was so great that it permeated the entire German nation, its people, and its organizations. evidence under other phases of the prosecution's case. Evidence relating to the Party and State organizations, whose criminality the prosecution will seek to establish, will disclose and emphasize the part that these organizations played in the pattern and plan of annihilation. all related to this subject, which will be submitted in the course of this trial. tion of the Jews, I am prepared to show that those acts and policies within Germany from the year 1933 to the end of the war related to the planning, preparation, initiation, and waging of aggressive wars, and thus falling within the definition of "Crimes Against Humanity", as defined in Article 6(c) of the Charter. Germany's defeat because of a collapse in the zone of the interior. In planning for future wars it was determined that the home front must be secured to prevent a repetition of this 1918 debacle. Unification of the German people was essential to successful planning and waging of war, and the Nazi political premise must be established --"One race, one State, one Fuehrer."
Free trade unions must be abolished, political parties (other than the National Socialist Party) must be outlawed, civil liberties must be suspended, and opposition of every kind must be swept away. Loyalty to God, church, and scientific truth was declared to be incompatible with the Nazi regime. The anti-Jewish policy was part of this plan for unification because it was the conviction of the Nazis that the Jews would not contribute to Germany's military program, but on the contrary would hamper it. The Jew must therefore be eliminated.
Document 1919-PS, United States Exhibit 170. This document is a transcript of a Himmler speech at a meeting of the SS Major Generals on 4 October 1943, and from page four, paragraph three, of the translation before the court, I read a very short passage:
"We know how difficult we should have made it for ourselves if with the bombing raids, the burdens and deprivations of war -- we still had Jews, today in every town as secret saboteurs, agitators, and trouble mongers, we would now probably have reached the 1916-17 stage when the Jews were still in the German national body." of a plan for aggressive war as was the building of armaments and the conscription of manpower. It falls within the jurisdiction of this Tribunal as an integral part of the planning and preparation to wage a war of aggression. the conquered territories of Europe following 1939 are war crimes as defined by Article 6(b) of the Charter. It further violates Article 46 of the Regulations of the Hague Convention of 1907, to which Germany was a signatory. I quote Article 46 and ask the Court to take judicial notice thereof.
"Family honor and rights, the liven of persons, and private property, as well as religious convictions and practice, must be respected." its details than the treatment of the Jews. It is intended to establish that the Nazi Party precepts, later incorporated within the policies of the German State, often expressed by the defendants at bar, were to annihilate the Jewish people. I shall seek to avoid the temptation to editorialize or to draw inferences from the documents, however great the provocation; rather I shall let the documentary evidence speak for itself -- its stark realism will be unvarnished.
Blood lust may have played some part in these savage crimes, but the underlying purpose and objective to annihilate the Jewish race was one of the fundamental principles of the Nazi plan to prepare for and to wage aggressive war. I shall from this point limit my proof to the overt acts committed but I dare to request the Court's indulgence, if it is deemed necessary to weaving the pattern of evidence, to make reference to certain documents and evidence previously submitted. extermination of the Jews, could not be accomplished without preliminary steps and measures. The German State must first be seized by the Nazi Party, the force of world opinion must be faced, and even the regimented German people must be indoctrinated with hatred against the Jews. the Jews was expressed in the Party program in February 1920. Socialist Party, U.S. Exhibit 255. With the Court's permission, I would like to quote the relevant part of that program:
"Paragraph (b). Only a member of the race can be a citizen. A member of the race can only be one who is of German blood without consideration of confession."
THE TRIBUNAL (Mr. Biddle): May I interrupt a minute. It is a little hard to know where these exhibits are or what volume you are now quoting from.
MAJOR WALSH: This, sir, is 1708-PS.
THE TRIBUNAL (Mr. Biddle): Volume 2?
MAJOR WALSH: Volume 2.
THE TRIBUNAL (Mr. Biddle): And what page of that exhibit?
MAJOR WALSH: That is Paragraph 4, and Paragraph 6, sir, on the first page.
Paragraph (4):
"Only a member of the race can be a citizen. A member of the race can only be one who is of German blood, without consideration of confession.
Consequently, no Jew can be a member of the race."
And again, in Paragraph (6):
"The right to determine matters concerning administration and law belongs only to the citizen; therefore, we demand that every public office of any sort whatsoever, whether in the Reich, the county or municipality, be filled only by citizens."
I now offer Document 2662-PS, Mein Kampf, U.S. Exhibit 256. On pages 724-725, Hitler, in this book, speaking of the Jew, said that if the National Socialist movement was to fulfil its task -- and I quote:
"It must open the eyes of the people with regard to foreign nations and must remind them again and again of the true enemy of our present day world. In the place of hate against Aryans -- from whom we may be separated by almost everything, to whom, however, we are tied by common blood or the great tie of a common culture -- it must dedicate to the general anger the evil enemy of mankind as the true cause of all suffering.
"It must see to it, however, that at least in our country he be recognized as the most mortal enemy and that the struggle against him may show, like a flaming beacon of a better era, to other nations too, the road to salvation for a struggling Aryan mankind." groups was published and circulated throughout Germany. Illustrative of this type of publication is the bock Der Giftpilz.
I offer in evidence Document 1778-PS, U.S. Exhibit 257. as a race defiler, devil in human form, a poisonous mushroom, and a murderer. This particular book instructed school children to recognize the Jew by caricature of his physical features, shown, on pages 6 and 7, taught them that the Jew abuses little boys and girls, on page 30, and that the Jewish Bible permits all crimes, pages 13-17. The Defendant Streicher's periodical Der Stuermer, No.14, April 1937, in particular, went to such extremes as to publish the statement that Jews at the ritual celebration of their Passover slaughtered Christians.
I offer Document 2699-PS, U.S. Exhibit 258. On page 2, Column 1, paragraphs 6 to 9, I quote:
"The numerous confessions made by the Jews show that the execution of ritual murders is a law to the Talmud Jew. The former Chief Rabbi, and later monk, Teofite, declared that the ritual murders take place especially on the Jewish Purim in memory of the Persian murders, and Passover in memory of the murder of Christ. The instructions are as follows:
"The blood of the victims is to be tapped by force. On Passover it is to be used in wine and matzos. Thus, a small part of the blood is to be poured into the dough of the matzos and into the wine.
The mixing is done by the Jewish head of the family. The procedure is as follows:
"The family head empties a few drops of the fresh and powdered blood into the glass, wets the fingers of the left hand with it and sprays, blesses, with it everything on the table. The head of the family then says, 'Thus we ask God to send the ten plagues to all enemies of the Jewish faith,' Then they eat, and at the end the head of the family exclaims, 'May all Gentiles perish, as the child whose blood is contained in the bread and wine.'
"The fresh, or dried and powdered blood of the slaughtered is further used by young married Jewish couples, by pregnant Jewesses, for circumcision and so on. Ritual murder is recognized by all Talmud Jews. The Jew believes he absolves himself thus of his sins." could fall on fertile soil, that a literate nation could read, digest, or believe. We must realize, however, that with a rigidly controlled press which precluded an expose of such lying propaganda, some of the ignorant and gullible would be led to believe. U.S. Exhibit 259.
This publication, Der Stuermer, was published by the Defendant Streicher' publishing firm. In this publication, Streicher, speaking of the Jewish faith, said:
"The Holy Scripture is a horrible criminal romance abounding with murder, incest, fraud and indecency."
And again he said:
"The Talmud is the great Jewish book of crimes that the Jew practices in his daily life." in evidence, U.S. Exhibit 260. require further elaboration. Within the documents offered in evidence in this and in other phases of the case will be found similar and even more scurrilous statements, many by the defendants themselves, and others by their accomplices.
terrible weapon against the Jews was placed within their grasp, the power to apply the force of the State against them. This was done by the issuance of decrees. Jewish immigrants were denaturalized: and Neurath; native Jews were precluded from citizenship;
1935 Reichsgesetzblatt, Part I, page 1146, signed by Defendant Frick; Jews were forbidden to live in marriage or to have extra-marital relations with persons of German blood;
1935 Reichsgesetzblatt, Part I, page 1146, signed by Frick and Hess; Jews were denied the right to vote;
1936 Reichsgesetzblatt, Part I, page 133, signed by Defendant Frick; Jews were denied the right to hold public office or civil service positions;
Reichsgesetzblatt 1933, Part I, page 277, signed by Defendant Frick; It was determined to relegate the Jews to an inferior status by denying them common privileges and freedoms. Thus, they were denied access to certain city areas, sidewalks, transportation, places of amusement, restaurants; Progressively, more and still more stringent measures were applied, even to the denial of private pursuits. They were excluded from the practice of dentistry; The practice of law was denied. and Hess. The practice of medicine was denied. and Hess. They were denied employment by press and radio; brockerage.
In 1938 they were excluded from business in general and from the economic life of Germany. Their homes, bank accounts, real estate and intangibles were appropriated. specifically to the atonement fines, I wish to offer Document 1816-PS, U.S. Exhibit 261. This exhibit is a stenographic report of a conference under the chairmanship of the Defendant Goering, attended by the defendant Funk, among others, held at 11 o'clock on 12 November 1938 at the Reich Ministry for Air.
From pages 8 and 9 of Section 7, I quote the defendant Goering:
"One more question, gentlemen, what would you think the situation would be if I'd announced today that Jewry"-
THE TRIBUNAL (Mr. Biddle)(Interposing): What page are you on?
MAJOR WALSH: From the English, sir, the middle of page 22.
"One more question, gentlemen, what would you think the situation would be if I'd announced today that Jewry shall have to contribute this one billion as a punishment." Court -- I quote:
"I shall close the wording this way that German Jewry shall, as punishment for their abominable crimes, etc., etc., have to make a contribution of one billion, that'll work. The pigs won't commit another murder. I'd like to say again that I would not like to be a Jew in Germany." following this meeting, a decree was issued placing upon the German Jews the burden of a billion Reichsmark fine. by the Defendant Goering.
signed by the Defendant Goering, and 1941 Reichsgesetzblatt, Part I, page 722, signed by Defendants Frick and Bormann. of any judicial process by a decree signed by the Defendants Bormann and Frick and others, and the police became the sole arbiters of punishment and death.
decrees cited. went still another weapon wielded by the Party and the Party controlled State. These were the openly sponsored and official anti-Jewish boycotts against Jews. I now offer Document 2409-PS, the published diary of Joseph Goebbels, and I invite the Court's attention to page 290, where, under date of 29 March 1933, he wrote -- the Court will find the quotation on the top of page 1 of the translation of 2409:
"The boycott appeal is approved by the entire cabinet." first sentence of paragraph 5:
"We are having a last discussion among a very small circle and decide that the boycott is to start tomorrow with all severity." Ley and others, were members of a central committee who conducted the 1933 boycott against the Jews. Their names are listed in Document 2156-PS, National Socialist Party correspondence, 29 March 1933, U. S. Exhibit 263.
As early as 1933, violence against the Jews was undertaken. Raids were conducted by uniformed Nazis on services within synagogues. Attending members of the synagogues were assaulted and religious insignia and emblems were desecrated. A report of such an occurrence was contained in an official dispatch from the American Consul General in Leipzig, dated 3 April 1943.
THE PRESIDENT: What do you refer to 2156 for?
MAJOR WALSH: Only, sir, to show the names of the Defendants Streicher and Frank as members of the boycott committee.
THE PRESIDENT: I see.
MAJOR WALSH: Document 2709 has been given U. S. Exhibit number 265.
From paragraph 1 of page 1, I quote:
"In Dresden several weeks ago uniformed Nazis raided the Jewish prayer house, interrupted the evening religious service, arrested 25 worshippers, and tore the holy insignia or emblems from their headcovering worn while praying."
German press, the Defendant Streicher and Mayor Liebel of Nurnberg revealed in advance to the gathered members of the press that the Nurnberg synagogue was to be destroyed.
I offer in evidence Document 1724-PS, U. S. Exhibit 266, which is minutes of this meeting, dated 4 August 1938. From page 1, paragraph 4 of the original, I quote the translation before the Court:
"The breaking up of the synagogue (information must still be secret) "On August 10, 1938 at 10 o'clock a.m., the breakup of the synagogues will commence.
Gauleiter Julius Streicher will personally set the crane into motion with which the Jewish symbols, Star of David, etc., will be torn down. This should be arranged in a big way. Closer details are still unknown." 11 August 1938, U. S. Exhibit 267, paragraph 1 of the translation before the Court:
"In Nurnberg the Synagogue is being demolished; Julius Streicher himself inaugurates the work by a speech lasting more than an hour and a half. By his order then -- so to speak as a prelude of the demolition -- the tremendous Star of David came off the cupola." tions, but were directed and ordered from a centralized headquarters in Berlin. This is established by a series of teletype messages sent by the Berlin Secret State Police Headquarters to police chiefs throughout Germany on 10 November 1938, which contained instructions pertaining to the prearranged demonstration. U. S. Exhibit 240. I shall quote the relevant part of one of these confidential orders signed by Heydrich, the translation before the Court, the last half of page 2.
THE PRESIDENT: 2051?
MAJOR WALSH: 3051, sir, I'm sorry.
"Because of the attempt on the life of the Reich.
The following instructions are given on how to treat these events:
"1) The Chiefs of the State Police, or organization of the demonstrations.
At these
a) Only such measures should be taken which (For instance synagogues are to be burned down surroundings).
b) Business and private apartments of Jews may be destroyed but not looted.
The of this order and to arrest looters."
Party and of the State. The flame of prejudice has now been lighted and fanned.
The German people have been to a large degree indoctrinated, and the seeds of hatred have been sown.
The German opinion can now safely be ignored.
Already they have forced out of Germany 200,000 of its original 500,000 Jews.
The Nazi controlled the aggressive wars already planned casts about for a "whipping boy" yet to come.
The speech before the Reichstag on 30th January, 1939, is set forth in document No. 2663-PS, which I now offer in evidence as U.S.A. Exhibit 268.
I quote-
THE PRESIDENT: What is the number please?
MAJOR WALSH: 2663-PS-a very short extract, Sir. "If the obliteration of the Jewish race in Europe."
THE PRESIDENT: We will adjourn for ten minutes.
(Whereupon a recess was taken from 15.35 to 15.45.)
THE PRESIDENT: Major Walsh, it would, I think, assist the you see, rather more clearly and slowly.
You see, the United States us the PS number; I am not sure it would Anyhow, if you would go a
MAJOR WALSH: Yes, Your Honor.
"Schwarze Korps," expressed similar sentiments on August 8th, 1940.
I offer in evidence document 2668-PS; this is U.S.A. Exhibit No. 269, page 2 of the original and the full excerpt before the Court "Just like the Jewish question will be solved peace without Jews."
to voice the same views. The Defendant Rosenberg wrote for the publication "World Struggle."
I offer in evidence document 2665-PS,
U.S.A. Exhibit No. 270. This publication, Nos. 1 and 2, April and September, 1941, page 71 of the original reads:
"The Jewish continent."
The Court will recall Justice Jackson's reference to the and I quote from document 2233-PS, U.S.A. Exhibit No. 271, bottom of page 1 of the translation:
"Of course, I could not eliminate all lice and Jews in only a year's time.
But in the course of time, and above all, if you will help me, this end will be attained."
THE PRESIDENT: I forgot to say, Major Walsh, it would help us
MAJOR WALSH: Yes, Sir, I shall do that.
record to date. We find that the Nazi Party and the Nazi-dominated acts, clearly expressed their intent:
the Jew must be eliminated.
How do they now progress to the accomplishment of this purpose?
conquered territories. For example, within Germany registration was required by decree (Reichsgesetzblatt Part I, 1938, page 922, 23 July, signed by the Defendant Frick); within Austria (Reichsgesetzblatt, Volume 1, 1940, page 694, 29 April); within Poland (Kurjer Krakowski, 24 October, 1939); in France (Journal Official No. 9, page 92, 30 September, 1940); in Holland (Verordnungsblatt, No. 16, 10 January, 1941, signed by the Defendant Seyss-Inquart). restricted areas, called ghettos. This policy was carefully worked out and perhaps the confidential statement taken from the files of the Defendant Rosenberg will best serve as an illustration.
I offer in evidence a copy of memorandum from Defendant Rosenberg's file, entitled "Directions for Handling of the Jewish Question", Document 212-PS, U.S.A. Exhibit 272. I quote from the top of page 2 of the translation before the Court;
"The first main goal of the German measures must be strict segregation of Jewry from the rest of the population. In the execution of this, first of all, is the seizing of the Jewish population by the introduction of a registration order and similar appropriate measures--"
And then, on the second page, in the second paragraph, I continue:
"--all rights of freedom for Jews are to be withdrawn. They are to be placed in ghettos and at the same time are to be separated according to sexes. The presence of many more or less closed Jewish settlements in White Ruthenia and in the Ukraine makes this mission easier. Moreover, places are to be chosen which make possible the full use of the Jewish manpower in case labor needs are present. These ghettos can be placed under the supervision of a Jewish self-government with Jewish officials. The guarding of the boundaries between the ghettos and the outer world, is, however, the duty of the Police.
"Also, in the cases in which a ghetto could not yet be established, care is to be taken through strict prohibitions and similar suitable measures that a further intermingling of blood of the Jews and the rest of the populace does not continue".
Regions, issued directions confining the Jews to ghettos in the Ukraine.
I offer in evidence Document 1028-PS, U.S.A. Exhibit 273, and from the first sentence of the translation before the Court, I read:
"After the customary removal of Jews from all public offices, the Jewish question will have to have a decisive solution; through the institution of ghettos." isolated instances, nor the acts of one individual. It was the expressed State policy. Defendant von Schirach played his part in the program of ghettoization. I offer in evidence document 3048-PS, U.S.A. Exhibit No, 274. Before the Court is a full translation of that what I wish to quote: The Defendant Von Schirach spoke before the European Youth Congress held in Vienna on 14th September, 1942, and from page 2, column 2 of the Vienna edition of the "Voelkischer Boebachter" of 15th September, I quote:
"Every Jew who exerts influence in Europe is a danger to European culture.
If anyone reproaches me with having driven from this East, I feel myself compelled to reply:
I see in this an action contributing to European culture."
One of the largest ghettos was within the City of Warsaw. The original report made by SS Major General Stroop converning this ghetto is entitled "The Warsaw is No More." I now offer in evidence at this time, if the Court please, and request leave to refer to it later on in this presentation, U.S.A. Exhibit No. 275, 1061-PS, top of page 3, of translation, document 1061-PS:
"The Ghetto thus established in Warsaw was inhabited by about 400,000 Jews."
THE PRESIDENT: The second paragraph. It is the second paragraph isn't it?
MAJOR WALSH: The second paragraph, yes.
"It contained 27,000 apartments with an average of 2 1/2 rooms spaces etc.
," the fact that an average of six persons lived in every room. Himmler received a report from the SS Brigade Fuehrer Group A, dated 15 October 1941, which further illustrates the establishment and operation of the ghettos. I offer document L-180 in evidence as U.S.A. Exhibit No. 276. The translation, if the court please, is from the second paragraph from the bottom of page 9, document L-180:
"Apart from organizing and carrying out measures of execution, during the first day of operations.
This was especially urgent of 152,400."
And from the last paragraph on page 9 continuing to page 10 I quote:
"In Riga the so-called 'Mokau Suburb' was designated as a ghetto.
inhabited by Jews. The transfer of the Jews into the ghetto is very crowded.
24,000 of the 28,000 Jews living in Riga have been transferred into the ghetto so far.
In creating the ghetto, were left to Civil Administration; the Labor Officers were left in "In the other towns with a larger Jewish population ghettos shall "be established likewise."
Jews were forced into ghettos in the Polish Province of Galicia. No words in my vocabulary could describe quite so adequately the conditions as those contained in the report from Katzmann, Lt. General of Police to Krueger, General of the Police East, dated 20 June 1943, entitled "Solution of Jewish Question in Galicia." I offer document L-18 in evidence as USA Exhibit No. 277. From the translation, if the Court please, we will begin with the last three sentences on page 11, that is, the last three sentences prior to the word nothing, which is there on the page, "Nothing but catastrophical conditions were found in the ghettos of Rawa-Ruska and Rohatyn."
THE PRESIDENT: Where is this?
MAJOR WALSH: This story is on page 11, it would be about eight lines above the ending, or bottom of the page; the story beginning with the words "Nothing but catastrophical conditions."
THE PRESIDENT: Yes.
"The Jews of Rawa-Ruska, fearing the evacuation, had concealed those suffering from spotted fever in underground holes.
When from spotted fever lay about in this ghetto.
In order to destroy against spotted fever was called into action.
Thus we succeeded On page 19 of this same document, L-18, the last paragraph I wish to further quote.
THE PRESIDENT: Yes.
MAJOR WALSH: "Since we received more and more alarming reports on the measures to destroy the Jewish gangsterdom.
Special measures losses on cur side; we had to blow up, or to burn down several houses.