Between July and December 1940, or prevented from returning to them. A captured German report dated 7th August 1942 with regard to Alsace states that:
"The problem of race will be given first inferior persons to France."
THE PRESIDENT: The Tribunal will adjourn for ten minutes.
(A recess was taken.)
THE PRESIDENT: I now ask General Nikitchenko to continue the reading of the judgment.
GENERAL NIKITCHENKO: Article 49 of the Hague Convention provides that an occupied territory to pay for the needs of the army of occupying power may levy a contribution of money from the occupation, and for the administration of the territory in question.
Article 52 of the Hague Convention provides that an occupying power may make requisitions in kind only for the needs of the army of occupation, and that these requisitions shall be in proportion to the resources of the country. These articles, together with Article 48, dealing with the expenditure of money collected in taxes, and Articles 53, 55 and 56, dealing with public property, make it clear that under the rules of war, the economy of an occupied country can only be required to bear the expenses of the occupation, and these should not be greater than the economy of the country can reasonably be expected to bear. Article 56 reads as follows:
"The property of municipalities, of religious, property.
All pre-meditated seizure, destruc hibited and should be prosecuted."
the territories occupied by Germany were exploited for the German war effort in the most ruthless way, without consideration of the local economy, and in consequence of a deliberate design and policy. There was in truth a systematic "plunder of public or private property", which was criminal under Article 6 (b) of the Charter. The German occupation policy was the 6th August 1942, to the various German authorities in clearly stated in a speech made by the defendant Goering on charge of occupied territories:
"God knows, you are not sent out there to work for people can live.
That is what I expect of your exertions.
This everlasting concern about foreign people must cease now, once and for all.
I have deliver.
It is nothing at all, when I consider your territories.
It makes no difference to me in starve."
occupied territories to the full varied from country to country. In some of the occupied countries in the East and the West, this exploitation was carried out within the framework of the existing economic structure. The local industries were put under German supervision, and the distribution of war materials was rigidly controlled. The industries thought to be of value to the German war effort were compelled to continue, and most of the rest were closed down altogether. Raw materials and the finished products alike were confiscated for the needs of the German industry. As early as the 19th October 1939 the defendant Goering had issued a directive giving detailed instructions for the administration of the occupied territories; it provided:
"The task for the economic treatment of the various Germany.
In the first mentioned territories, the ...
incorporation into the Greater German economic system, at the earliest possible time.
On the materials, scrap materials, machines, etc.
, which are of use for the German war economy.
Enter location."
raw materials needed by German factories, machine tools, transportation equipment, other finished products and even foreign securities and holdings of foreign exchange were all requisitioned and sent to Germany. These resources were requisitioned in a manner out of all proportion to the economic resources of those countries, and resulted in famine, inflation and an active black market. At first the German occupation authorities attempted to suppress the black market, because it was a channel of distribution keeping local products out of German hands. When attempts at suppression failed, a German purchasing agency was organized to make purchases for Germany on the black market, thus carrying out the assurance made by the defendant Goering that it was "necessary that all should know that if there is to be famine anywhere, it shall in no case be in Germany."
West, the authorities maintained the pretense of paying for all the property which they seized.
This elaborate pretense of payment merely disguised the fact that the goods sent to Germany from there occupied countries were paid for by the occupied countries themselves, either by the device of excessive occupation costs or by forced loans in return for a credit balance on a "clearing account" which was an account merely in name. this pretense of legality was not maintained; economic exploitation became deliberate plunder. This policy was first put into effect in the administration of the Government General in Poland. The main exploitation of the raw materials in the East was centered on agricultural products and very large amounts of food were shipped from the Government General to Germany. Polish people in the Government General indicates the ruthlessness and the severity with which the policy of exploitation was carried out. characterized by premeditated and systematic looting. Before the attack on the USSR, an economic staff--Oldenburg-was organized to ensure the most efficient exploitation of Soviet territories. The German armies were to be fed out of Soviet territory, even if "many millions of people will be staved to death." An OKW directive issued before the attack said:
of food and crude oil for Germany--that is "To obtain the greatest possible quantity the main economic purpose of the campaign."
Similarly, a declaration by the defendant Rosenberg of the 20th June 1941 had advocated the use of the produce from Southern Russia and of the Northern Caucasus to feed the German people, saying:
"We see absolutely no reason for any obligation of any feelings."
When the Soviet territory was occupied, this policy was put into effect; there was a large scale confiscation of agricultural supplies, with complete disregard of the needs of the inhabitants of the occupied territory. manufactured articles, a wholesale seizure was made of art treasures, furniture, textiles and similar articles in all the invaded countries. the 29th January 1940 Head of the Center for National Socialist Ideological and Educational Research, and thereafter the organization known as the "Einsatzstab Rosenberg" conducted its operations on a very great scale. Originally designed for the establishment of a research library, it developed into a project for the seizure of cultural treasures. On the 1st March 1942, braries, lodges and cultural establishments, to seize material from Hitler issued a further decree, authorizing Rosenberg to search lithese establishments, as well as cultural treasures owned by Jews.
Similar directions were given where the ownership could not be clearly established. The decree directed the co-operation of the Wehrmacht High Command, and indicated that Rosenberg's activities in the West were to be conducted in his capacity as Reichsleiter, and in the East in his capacity as Reichsminister. Thereafter, Rosenberg's activities were extended to the occupied countries. The report of Robert Scholz, Chief of the special staff for Pictorial Art, stated:
"During the period from March 1941 to July 1944 137 freight cars with 4,174 cases of art works."
The report of Scholz refers to 25 portfolios of pictures of the most valuable works of the art collection seized in the West, which portfolios were presented to the Fuehrer. Thirty-nine volumes, prepared by the Einsatzstab, contained photographs of paintings, textiles, furniture, candelabra and numerous other objects of art, and illustrated the value and magnitude of the collection which had been made. In many of the occupied countries private collections were robbed, libraries were plundered, and private houses were pillaged. the USSR were systematically looted. Rosenberg's Einsatzstab, Ribbentrop's special "Battalion", the Reichscommissars and representatives of the Military Command seized objects of cultural and historical value belonging to the people of the Soviet Union, which were sent to Germany.
of art from Kiev and Kharkov and sent them to East Prussia. Rare volumes Thus, the Reichscommissar of the Ukraine removed paintings and objects and objects of art from the palaces of Peterhof, Tsarskoye Selo, and Pavlovsk were shipped to Germany.
In his letter to Rosenberg of the 3rd October 1941 Reichscommissar Kube stated that the value of the objects of art taken from Byelorussia ran into millions of roubles. The scale of this plundering can also be seen in the letter sent from Rosenberg's department to von Milde-Schreden in which it is stated that during the month of October 1943 alone, about 40 box-cars loaded with objects of cultural value were transported to the Reich. art treasures was protective and meant for their preservation, it is necessary to say a few words. On the 1st December 1939 Himmler, as the Reich Commissioner for the "strengthening of Germanism," issued a decree to the regional officers of the secret police in the annexed eastern territories, and to the commanders of the security service in Radom, Warsaw and Lublin. This decree contained administrative directions for carrying out the art seizure programme, and in Clause 1 it is stated:
"To strengthen Germanism in the defense of the this decree are hereby confiscated . . . They are for the strengthening of Germanism."
The intention to enrich Germany by the seizures, rather than to protect the seized objects, is indicated in an undated report by Dr. Hans Posse, director of the Dresden State Picture Gallery:
"I was able to gain some knowledge on the public and in Cracow and Warsaw.
It is true that we cannot paintings and sculptures, with the ex-of Maria in Cracow . . . and several other works from the national museum in Warsaw."
Article 6 (b) of the Charter provides that the "ill-treatment or deportation to slave labor or for any other purpose, of civilian population of or in occupied territory" shall be a War Crime. The laws relating to forced labor by the inhabitants of occupied territorie s are found in Article 52 of the Hague Convention, which provides:
"Requisition in kind and services shall not be their own country."
The policy of the German occupation authorities was in flagrant violation of the terms of this convention. Some idea of this policy may be gathered from the statement made by Hitler in a speech on November 9th, 1941:
"The territory which now works for us contains more than 350,000,000.
In the measure in harnessing the very last man to this work."
The actual results achieved were not so complete as this, but the German occupation authorities did succeed in forcing many of the inhabitants of deporting at least 5,000,000 persons to Germany to serve German industry the occupied territories to work for the German war effort, and in and agriculture.
was under the control of various occupation authorities, and the procedure varied from country to country. In all the occupied territories compulsory labor service was promptly instituted. Inhabitants of the occupied countries were conscripted and compelled to work in local occupations, to assist the German war economy. In many cases they were forced to work on German fortifications and military installations. As local supplies of raw materials and local industrial capacity became inadequate to meet the German requirements, the system of deporting laborers to Germany was put into force. By the middle of April 1940 compulsory deportation of laborers to Germany had been ordered in the Government General; and a similar procedure was followed in other eastern territories as they were occupied. A description of this compulsory deportation from Poland was given by Himmler. In an address to SS officers he recalled how in weather 40 degrees below zero they had to "haul away thousands, tens of thousands, hundreds of thousands." On a later occasion Himmler stated:
"Whether ten thousand Russian females fall down for Germany is finished.
. . We must realize that we have 6-7 million foreigners in Germany.
. . They are none at the merest trifles."
Belgium, Holland and Norway, however, an attempt was made to obtain the necessary workers on a voluntary basis.
How unsuccessful this was may be seen from the report of the meeting of the Central Planning Board on the 1st March 1944. The representative of the defendant Speer, one Koehrl, speaking of the situation in France, said:
"During all this time a great number of French Germany."
He was interrupted by the defendant Sauckel:
"Not only voluntary, some were recruited forcibly." To which Koehrl replied:
"The calling up started after the recruitment no longer yielded enough results."
To which the defendant Sauckel replied:
"Out of the five million workers who arrived tarily," and Koehrl rejoined:
"Let us forget for the moment whether or not some slight pressure was used.
Formally, at least, they were volunteers."
propaganda campaign was begun to induce workers to volunteer for service in Germany. This propaganda campaign included, for example, the promise that a prisoner of war would be returned for every laborer who volunteered to go to Germany. In some cases it was supplemented by withdrawing the ration cards of laborers who refused to go to Germany, or by discharging them from their jobs and denying them unemployment benefit or an opportunity to work elsewhere. In some cases workers and refused to go to Germany.
It was on the 21st March 1942 that the their families were threatened with reprisals by the police if they defendant Sauckel was appointed Plenipotentiary-General for the Utilization of Labor, with authority over "all available manpower, including that of workers recruited abroad, and of prisoners of war."
Commissioner of the Four Year Plan, and a Goering decree of the 27th March 1942 transferred all his authority over manpower to Sauckel. Sauckel's instructions, too, were that foreign labour should be recruited on a voluntary basis, but also provided that "where, however, in the occupied territories, the appeal for volunteers does not suffice, obligatory service and drafting must under all circumstances be resorted to." Rules requiring labor service in Germany were published in all the occupied territories. The number of laborers to be supplied was fixed by Sauckel, and the local authorities were instructed to meet these requirements by conscription if necessary. That conscription was the rule rather than the exception is shown by the statement of Sauckel already quoted, on the 1st March 1944. belonging to foreign nations were treated humanely, and that the conditions in which they lived were good. But whatever the intention of Sauckel may have been, and however much he may have desired that foreign laborers should be treated humanely, the evidence before the Tribunal establishes the fact that the conscription of labor was The "mistakes and blunders" were on a very great scale.
accomplished in many cases by drastic and violent methods. Manhunts took place in the streets, at motion picture houses, even at churches and at night in private houses. Houses were sometimes burnt down, and the families taken as hostages, practices which were described by the defendant Rosenberg as having their origin "in the blackest periods of the slave trade." The methods used in obtaining forced labor from the Ukraine appear from an order issued to SD officers which stated:
"It will not be possible always to refrain from using force.
.. When searching villages, sioner by force.
.. As a rule no more children will be shot.
.. If we limit harsh measures of workers."
The resources and needs of the occupied countries were completely disregarded in carrying out this policy. The treatment of the laborers was governed by Sauckel's instructions of the 20th April 1942 to the effect that:
"All the men must be fed, sheltered and treated conceivable degree of expenditure."
The evidence showed that workers destined for the Reich were sent under guard to Germany, often packed in trains without adequate heat, food, clothing or sanitary facilities. The evidence further showed that the treatment of the laborers in Germany in many cases was brutal and degrading. The evidence relating to the Krupp Works at Essen showed that punishments of the most cruel kind were inflicted on the workers. Theoretically at least the workers were paid, housed and fed by the DAF, and even permitted to transfer their savings and to send mail and parcels a proportion of the pay; the camps in which they were housed back to their native country; but restrictive regulations took were insanitary; and the food was very often less than the minimum necessary to give the workers strength to do their jobs.
In the case of Poles employed on farms in Germany, the employers were giv en authority to inflict corporal punishment and were ordered, if possible, to house them in stables, not in their own homes. They were subject to constant supervision by the Gestapo and the SS, and if they attempted to leave their jobs they were sent to correction camps or concentration camps. The concentration camps were also used to increase the supply of labor. Concentration camp commanders were ordered to work their prisoners to the limits of their physical power. During the latter stages of the war the concentration camps were so productive in certain types of work that the Gestapo was actually instructed to arrest certain classes of laborers so that they could be used in this way. Allied prisoners of war were also regarded as a possible source of labor. Pressure was exercised on noncommissioned officers to force them to consent to work, by transferring to disciplinary camps those who did not consent. Many of the prisoners of war were assigned to work directly related to military operations, in violation of Article 31 of the Geneva Convention. They were put to work in munition factories and even made to load bombers, to carry ammunition and to dig trenches, often under the most hazardous conditions. This condition applied particularly to the Soviet prisoners of war. On the 16th February 1943, at a meeting of the Central Planning Board, at which the defendants Sauckel and Speer were present, Milch said:
a certain percentage of men in the Ack-Ack "We have made a request for an order that artillery must be Russians; 50,000 will be taken altogether.
30,000 are already employed as gunners.
This is an amusing thing, that Russians must work the guns."
And on the 4th October 1943, at Posen, Himmler, speaking of the Russian prisoners, captured in the early days of the war, said:
"At that time we did not value the mass of ial, as labor.
What, after all, thinking in and hunger."
labor was stated by Sauckel on the 20th April 1942. He said:
"The aim of this new gigantic labor mobilization her Allies.
.. All prisoners of war from nutrition industries.
.. Consequently it is the fullest extent.
Should we not succeed of the labor programme in this war."
existence in Germany by the summer of 1940, under which all aged, insane, and institutions where they were killed, and their relatives informed incurable people, "useless eaters," were transferred to s pecial that they had died from natural causes.
The victims were not confined to German citizens, but included foreign laborers, who were no longer able to work, and were therefore useless to the German war machine. It has been estimated that at least some 275,000 people were killed in this manner in nursing homes, hospitals and asylums, which were under the jurisdiction of the defendant Frick, in his capacity as Minister of the Interior. How many foreign workers were included in this total it has been quite impossible to determine. Government has been proved in the greatest detail before the Tribunal. It is a record of consistent and systematic inhumanity on the greatest scale. Ohlendorf, chief of Amt III in the RSHA from 1939 to 1943, and who was in command of one of the Einsatz groups in the campaign against the Soviet Union testified as to the methods employed in the extermination of the Jews. He said that he employed firing squads to shoot the victims in order to lessen the sense of individual guilt on the part of his men; and the 90,000 men, women and children who were murdered in one year by his particular group were mostly Jews. could admit the murder of 90,000 people, he replied:
"I am of the opinion that when, for years, inevitable."
chapter of Nazi history when he testified in this court:
"We have fought against Jewry: we have fought against it for years:
and we have allowed our utterances which are terrible ... A thousand still not be erased."
Party Program which declared "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 creed. Consequently, no Jew can be a member of the race," Other points of the program declared that Jews should be treated as foreigners, that they should not be permitted to hold public office, that they should be expelled from the Reich if it were impossible to nourish the entire population of the State, that they should be denied any further immigration into Germany, and that they should be prohibited from publishing German newspapers. The Nazi Party preached these doctrines throughout its history. "Der Stuermer" and other publications were allowed to disseminate hatred of the Jews, and in the speeches and public declarations of the Nazi leaders, the Jews were held up to public ridicule and contempt. was intensified. A series of discriminatory laws were passed, which limited the offices and professions permitted to Jews; and restrictions were placed on their family life and their rights of citizenship. By the autumn of 1938, the Nazi policy towards the Jews had reached the of Jews from German life.
Pogroms were organized, which stage where it was directed towards the complete exclusion included the burning and demolishing of synagogues, the looting of Jewish businesses, and the arrest of prominent Jewish business men.
A collective fine of one billion marks was imposed on the Jews, the seizure of Jewish assets was authorized, and the movement of Jews was restricted by regulations to certain specified districts and hours. The creation of ghettoes was carried out on an extensive scale, and by an order of the Security Police Jews were compelled to wear a yellow star to be worn on the breast and back. of this anti-Semitic policy were connected with the plans for aggressive war. The violent measures taken against the Jews in November 1938 were nominally in retaliation for the killing of an official of the German Embassy in Paris. But the decision to seize Austria and Czechoslovakia had been made a year before. The imposition of a fine of one billion marks was made, and the confiscation of the financial holdings of the Jews was decreed, at a time when German armament expenditure had put the German treasury in difficulties, and when the reduction of expenditure on armaments was being considered. These steps were taken, moreover, with the approval of the defendant Goering, who had been given responsibility for economic matters of this kind, and who was the strongest advocate of an extensive rearmament program notwithstanding the financial difficulties. Semitic policy with aggressive war was not limited to economic matters. The German Foreign Office circular, in an article of January 25th 1939, entitled "Jewish question as a factor in German Foreign Policy in the year 1938", in these words:
described the new phase in the Nazi anti-Semitic policy "It is certainly no coincidence that the fate quence of the events of the year 1938.
The advance World War.
The healing of this sickness among of Greater Germany in defiance of the world."
severe and repressive as it was, cannot compare, however, with the policy pursued during the war in the occupied territories. Originally the policy was similar to that which had been in force inside Germany. Jews were required to register, were forced to live in ghettoes, to wear the yellow star, and were used as slave laborers. In the summer of 1941, however, plans were made for the "final solution" of the Jewish question in/Europe. This "final solution" meant the extermination of the Jews, which early in 1939 Hitler had threatened would be one of the consequences of an outbreak of war, and a special section in the Gestapo under Adolf Eichmann, as head of Section B 4 of the Gestapo, was formed to carry out the policy. after the attack on the Soviet Union. Einsatzgruppen of the Security Police and SD, formed for the purpose of breaking the resistance of the population of the of exterminating the Jews in those areas.
The effectiveness of the areas lying behind the German armies in the East, were given the duty work of the Einsatzgruppen is shown by the fact that in February 1942 Heydrich was able to report that Esthonia had already been cleared of Jews and that in Riga the number of Jews had been reduced from 29,500 to 2,500.
Altogether the Einsatzgruppen operating in the occupied Baltic States killed over 135,000 Jews in three months. the German Armed Forces. There is clear evidence that leaders of the Einsatzgruppen obtained the co-operation of Army Commanders. In one case the relations between an Einsatzgruppe and the military authorities was described at the time as being "very close, almost cordial"; in another case the smoothness of an Einsatzcommando's operation was attributed to the "understanding for this procedure" shown by the army authorities. of the East, which were under civil administration, were given a similar task. The planned and systematic character of the Jewish persecutions is best illustrated by the original report of the SS Brigadier-General Stroop, who was in charge of the destruction of the ghetto in Warsaw, which took place in 1943. The Tribunal received in evidence that report, illustrated with photographs, bearing on its title page: "The Jewish Ghetto in Warsaw no longer exists." The volume records a series of reports sent by Stroop to the Higher SS and Police Fuehrer East. In April and Fay of 1943, in one report, Stroop wrote:
"The resistance put up by the Jews and bandits of our troops day and night.
The Reichsfuehrer burn down the entire ghetto, without regard to tenacity.