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so-called Commissar Order, USSR-14. The directives issued by Muller, the Chief of Amt IV, on 17 July 1941 show in what numbers and in what way the Gestapo participated in the details to be assigned to the prison camps. In the last few weeks the Prosecution produced the correspondence concerning the activity of the Gest... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 20,700 | 21,200 |
credit of the agents who had no reason for not believing their superior. One serious case must be mentioned in this connection: the shooting of the Royal Air Force officers who escaped from Sagan Camp in March 1944. This event can be traced back to a special order of Hitler and must no doubt be considered a special cas... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 21,150 | 21,650 |
concentration camps, but this regulation only existed on paper and was never carried out in practice. Rather was it the Reichsfuehrung SS which was responsible for the concentration camps, and they appointed an Inspector of Concentration Camps whose duties were later transferred to Amtsgruppe D of the VFJHA of the SS. ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 21,600 | 22,100 |
camp. They had no influence whatsoever on the administration and conduct of the camp or on the transfer, discharge, punishment, or execution of the prisoners. Thus the concentration camps were not an independent institution of the Gestapo, but rather institutions which served their purpose in the discharge of their pol... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 22,050 | 22,550 |
knew whether the Gestapo Main Office would order the transfer of the files to the authorities of justice, or rather inflict protective custody. The mere necessity of referring the files to the Gestapo Main Office necessitated most careful investigations; for no official desired to be called to account for an inadequate... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 22,500 | 23,000 |
shortcomings. Above all it could not be examined by the regular courts. Nevertheless, the many orders 517 23 Aug. 46 issued in this field by the RSHA demonstrate that there was an endeavor to establish a well-ordered and legally-fixed Procedure for cases of protective custody and that arbitrary acts were to be excluded... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 22,950 | 23,450 |
too, protective custody existed prior to 1933. At that time both Communists and National Socialists were arrested by the Police. In the Third Reich the concentration camps were established on the basis of a legal decree which was in accordance with the constitution. Under these circumstances, the officials of the Gesta... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 23,400 | 23,900 |
camps under legal provisions, and were under the impression that it was merely a justified and temporary deprivation of freedom within the framework of the law. The following might be said concerning the deportation of citizens of occupied territories for slave labor and the supervision of slave laborers: the Prosecuti... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 23,850 | 24,350 |
the evacuation of Jews from the Reich and their replacement by Poles from the Government General had taken place "in agreement with the Chief of the Security Police and the SD," this does not in any way establish a participation by the organization of the Gestapo. The approval of the Chief of the SIPO and the SD was ne... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 24,300 | 24,800 |
these measures were taken by the Gestapo on the basis of sober deliberations of the Police, because in this field as in any other the Gestapo as the political police was vitally interested in creating and maintaining conditions which would render unnecessary executive action against a large group of people, in this cas... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 24,750 | 25,250 |
for foreign laborers, and also for employers who had transgressed their rights towards their employees. As the maximum length of stay-which was established after thorough investigation in each case-originally 21 days, later 56 days, was stipulated, in distinction to the verdicts of courts for breach of contract, which ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 25,200 | 25,700 |
1942 Hitler ordered the extermination of an Commando groups (USA-501). This order was directed not to the German Police but to the German Armed Forces. Article 4 of that order stated that all members of such Commandos falling into the hands of the Armed Forces should be transferred to the SD. Nothing can be learned abo... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 25,650 | 26,150 |
Gestapo. As proved by the numerous affidavits, none of the Gestapo members were informed of this order, but rather learned of it only through the statements Goebbels made over the radio. The evidence given by the witness Bernd von Brauchitsell, first adjutant to the Commander-in-Chief of the Luftwaffe, shows in a chara... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 26,100 | 26,600 |
itself. The execution , of this decree was a task of the Wehrmacht, not of the Gestapo. According to directives contained in Document 833-PS, it -was for the counter-intelligence offices to determine the time of arrests of individuals suspected of espionage and sabotage. In the Western areas, for they were the only one... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 26,550 | 27,050 |
agreements which were reached in September 1942 between the Reichsff1hrer SS, the Reich Ministry of Justice, and the deputy of the RSHA (USA-218). They concern exclusively the peoples in the East. The last paragraph, Number 14, is the essential one in this agreement: "We are agreed that in the future, in consideration ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 27,000 | 27,500 |
were a threat to the security of the Reich. However, a case of true liability of kin clearly appears in the first-mentioned Document USA-506. The directive contained therein can be traced back to a decree of the Reichsfuehrer SS, who bad ordered, in all cases where attempts had been made on the life of a German, or whe... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 27,450 | 27,950 |
of a Reich state of emergency lose their criminal character; for how can a little executive official be in a position to recognize the illegal character of such action %#hen his superiors described it as a state necessity, and when he daily was threatened by terrorist attacks from ambush, and thus continuously endanger... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 27,900 | 28,400 |
the statements by the witnesses Straub and Knochen, the Gestapo only in a few places had prisons of its own. As a rule, there existed only one police prison to be used by all local police branches. The administration and supervision of these police prisons were always the tasks of the local police administrator; in the... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 28,350 | 28,850 |
used far its execution. I beg the Tribunal to take judicial notice of the next point, the confiscation and dividing up of public and private property. The Prosecution furthermore allege that the Gestapo and the SD participated in the confiscation by force and distribution of public and private property. Two facts parti... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 28,800 | 29,300 |
testimony of witnesses Dr. Knochen and Straub. The Prosecution accuse the Gestapo of having employed third-degree methods of interrogation. I-have already spoken about this when I discussed the question whether the methods employed by the Gestapo were criminal. At this point I have the following to say with reference t... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 29,250 | 29,750 |
He only heard of ill-treatment by groups of Frenchmen who acted on behalf of some German agency in carrying out some task. On the other hand, other witnesses and affidavits have stated that 111-treatment had been carried out by the Gestapo. Dr. Gessler, the former German Reichswehrminister, has spoken of tortures which... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 29,700 | 30,200 |
Hoess and Ohlendorf, forms the basis of a guilt which, unfortunately, will forever adhere to Germany's name. Yet what must still be examined after these sad facts have been ascertained is the question as to the extent to which the Gestapo participated in the persecution and extermination of the Jews. An appreciation wh... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 30,150 | 30,650 |
Heydrich's with the Gestapo chiefs and the issuing of the order, a development had taken place which could only be restrained but no longer stopped. When the Gestapo offices received Heydrich's circular, the holocaust of senseless destruction had already swept over Germany. Nothing remained to be done but the preventio... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 30,600 | 31,100 |
the Criminal Police,- and Gendarmerie. The destination was not announced in most cases. The evacuations were carried out without friction and unnecessary harshness. From a humanitarian point of view one might well regret those evacuations of Jews most profoundly; yet the part played by the Gestapo in them consisted in ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 31,050 | 31,550 |
commissioner with unscrupulous investigation methods," had, for his special task, his headquarters together with his staff in Hitler's Chancellery. His task W4s. at first the., mass extermination of insane persons in Germany, then, secondly, the extermination of Jews in the Eastern countries. The Kommando which was set... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 31,500 | 32,000 |
the organization of the extermination program, but one thing is clear beyond any doubt: the Gestapo as a whole did not participate in this horrible mass murder and, with very few exceptions, could and did not know anything about it. The few leading persons who knew about it, such as Eichmann, Miller, Himmler, kept stri... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 31,950 | 32,450 |
Security Police, Gestapo included, had nothing to do with shooting of hostages. They were ordered by the Higher SS and Police Leader and executed by the Order Police. Furthermore, it must be pointed out that here we are almost exclusively concerned with people who had already been sentenced to death by court-martial; I... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 32,400 | 32,900 |
can be assumed if the individual members of the organization were told nothing of the criminal incidents? I wish to make a few fundamental additions to what I have already said about the individual crimes. The reason why the 535 23 Aug. 46 Gestapo as a whole had no knowledge of the capital crimes committed lies in the ... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 32,850 | 33,350 |
have been threatened not only with disciplinary proceedings, loss of civil service rights, and so forth, but also with concentration camps, and, in case of war assignments, with court-martial and execution. Do they thereby invoke a reason for exemption from guilt? 536 23 Aug. 46 This question must be examined with rega... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 33,300 | 33,800 |
charged to the whole of the Gestapo in such a manner as to declare the Gestapo criminal. The prosecutors state-and this is the very basis and aim of the Indictment-that the crimes were not isolated acts committed independently of each other, but rather parts or aspects of a criminal policy, either as part of a common p... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 33,750 | 34,250 |
official fulfilled his duty as he had learned to do as a civil servant. Equally,- in the upper strata of the political police it is unlikely that any other thought would have prevailed than to guarantee peace and security within the State. One must not identify the Gestapo with such superiors as Himmler and Heydrich, w... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 34,200 | 34,700 |
program and which saw in all Jews an element destructive to the State. Because this fight was an immoral one .. the Christian Churches rightly protested against it. This again explains to a great extent the fight between Party and Church. The steps taken by the Party against its political opponents-especially against t... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 34,650 | 35,150 |
by the charges raised against the Gestapo. The rooms occupied by the administrative offices were never in the same place as those of the executive officials. Administrative. officials had no insight into the activities of executive officials partly because of the secrecy obligation which has been mentioned many times a... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 35,100 | 35,600 |
treated as exceptions. (4) The same applies to groups of persons who in the years 1942 to 1945 were collectively transferred to the Secret State Police on orders from higher quarters. They are the 51 groups of the Secret Field Police and the Military Counter-Intelligence Service, including Foreign Censorship and Telegr... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 35,550 | 36,050 |
the Gestapo. The Counter-Intelligence Police exercised their police activities in a manner common to every civilized state, as one of the most noble tasks of -the Police or their affiliated institutions. It is clearly established through the testimony of Best and through Affidavits Number Gestapo-39, 56, and 89 that th... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 36,000 | 36,500 |
be declared criminal, including also those members who certainly did not act in a criminal manner and had no knowledge of the criminal acts of others? I am referring to the summary of affidavits given by a large number of former members of the Gestapo who are at present in internment camps. I must also draw your attent... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 36,450 | 36,950 |
evil deeds or to whitewash those who disregarded the laws of humanity. But I desire to save those who are innocent; I desire to clear the way for a sentence which will dethrone the powers of darkness and reconstitute the moral order of the world. If we glance through the annals of European history in recent decades and... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 36,900 | 37,400 |
Hodie mihi, cras tibi. From the history of the Jews in the Old Testament we know that God would not have destroyed the city of Sodom, had but one just man lived there. Is not God's truth contained in these words-that a group may not be punished if even one member of the group is not deserving of punishment? Then, Gentl... | Yale Avalon (proceedings_vol21): Two Hundred and Tenth Day | 37,350 | 37,580 |
Avalon Home Document Collections Ancient 4000bce - 399 Medieval 400 - 1399 15 th Century 1400 - 1499 16 th Century 1500 - 1599 17 th Century 1600 - 1699 18 th Century 1700 - 1799 19 th Century 1800 - 1899 20 th Century 1900 - 1999 21 st Century 2000 - Nuremberg Trial Proceedings Volume 21 Two Hundred and Tenth Day Volu... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 0 | 500 |
swear by God-the Almighty and Omniscient-that I will speak the pure truth-and will withhold land add nothing. [The witness repeated the oath.] THE PRESIDENT: You may sit down. MAJOR GENERAL ALEXANDROV: Witness, will you kindly give the Tribunal some brief particulars about yourself, about your career, and about your sc... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 450 | 950 |
that statement? SCHREIBER: Yes; that is a report ... THE PRESIDENT [Interposing]: Wait a minute. General Alexandrov, the Tribunal would prefer that you should get the evidence orally and not by a document. Therefore, if you question him upon the subjects which are contained in it ... MAJOR GENERAL ALEXANDROV: Mr. Presi... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 900 | 1,400 |
do not remember the name of this colonel. The colonel said by way of introduction that as a result of the war situation the High Command authorities now had to take a different view of the question of the use of bacteria as a weapon in warfare from the one held up till now by the Army Medical Inspectorate. Consequently... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 1,350 | 1,850 |
Berlin at the time. MAJOR GENERAL ALEXANDROV, And what do you know about the experiments which were being carried out for the purpose of bacteriological warfare? SCHREIBER: Experiments were carried out at the institute in Posen. I do not know any details about them. I only know that aircraft were used for spraying test... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 1,800 | 2,300 |
in the laboratories at Sachsenburg so that they could continue their work there; he had been forced out of his institute at Posen by the advance of the Red Army. He had had to flee from the institute and he had not even been able to blow it up. He was very worried at the f act that the installations for experiments on ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 2,250 | 2,750 |
of all these delays it had never been possible to put the idea into effect. MAJOR GENERAL ALEXANDROV: Witness, will you kindly tell us now what you know about the illegal experiments carried out on human beings by German doctors?, I would ask you to testify very briefly as to, these questions, because they have already... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 2,700 | 3,200 |
station, two doctors, Dr. Kramer and Professor Holzlehner, director of the Psychological Institute at the University of Kiel, reported on experiments which they had carried out on behalf of the High Command of the Luftwaffe in Dachau on the inmates of the concentration camp. The purpose of the experiments had been to o... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 3,150 | 3,650 |
Holzlehner here in Nuremberg I was deeply shocked at the obviously perverted conceptions of some of the German doctors. Even at that time I already spoke about it to the Chief of the Army Medical Service, Generaloberstabsarzt Handloser, who shared my opinion; and when more and more such things were reported in the pape... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 3,600 | 4,100 |
expected to use bacteria as a weapon. I, myself, wrote the answer. On the basis of intelligence reports and reports of the army physicians on the Eastern front, and in view of the situation regarding epidemics among our troops, we were able to say that this fear was not justified. That opinion was given by me in 1942. ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 4,050 | 4,550 |
position might have had some effect. You should at least have tried it. Might it not have changed this opinion? SCHREIBER: According to our experience, nothing could be done against such a decision. As an expert I pointed out that it was a dangerous and unreliable weapon. DR. LATERNSER: You could have got up and left t... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 4,500 | 5,000 |
LATERNSER: How do you know that? SCHREIBER: First of all, the meeting took place in General Reineeke7s office. The colonel who was presiding was his chief of staff, and we had been ordered to come to a meeting at the General Wehrmacht Office at such and such a time, and the colonel also mentioned Field Marshal Keitel's... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 4,950 | 5,450 |
was also to be carried out? SCHREIBER: No, I did not see any order. DR. LATERNSER: Then these were merely preparations? SCHREIBER: Preparations for bacteriological warfare was what I said. DR.LATERNSER: With which high-ranking general did you yourself speak about this bacteriological warfare? SCHREIBER: I did not speak... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 5,400 | 5,900 |
A letter was immediately sent to the Chief Medical Officer of the SS and Police, Professor Grawitz, and through these official channels the affair was reported to the office which was the supervisory agency for this camp. DR. LATERNSER: Do you know whether any legal steps were taken? SCHREIBER: I do not know how the SS... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 5,850 | 6,350 |
know of. Generaloberstabsarzt Handloser was at headquarters and I in Berlin. He came once a week or once every fortnight. We reported to him and then he went back to headquarters. DR. LATERNSER: I have no further questions. THE PRESIDENT: The Tribunal will adjourn. [A recess was taken.] 562 26 Aug. 46 THE PRESIDENT: Be... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 6,300 | 6,800 |
by the Nazi Government. Formal justice has 563 26 Aug. 46 been satisfied. The culprit had been sentenced, but Truth, that divine power and profoundest human insight, remained hidden. It alone would have been able to open the eyes of the German people at that time and have had the power to hold it back from the abyss. N... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 6,750 | 7,250 |
me the right to do so. In such a trial, concerned with the very basis of humanity, with the fate of the German people and the future of the world, it cannot be left to the cleverness of methods in voicing the conflicting conceptions of Prosecution and Defense to bring the Tribunal to consider that the truth must lie ha... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 7,200 | 7,700 |
situation did the defendant find himself at that time? What speculations and sentiments drove him to commit the act? Did he have any intention of doing anything illegal? Is it possible that he himself was deceived? Was he at all able to recognize the illegal nature of his doing, and if he learned of it only gradually, ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 7,650 | 8,150 |
against the individual defendants stressed how enormous was their guilt and how disastrous the consequences of their acts because of the clever use made of the masses, the seducing of the soul of the people by the glittering magic of slogans and the promise of Utopian development. Do not these very words give the best.... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 8,100 | 8,600 |
a crime to join the extreme party of the Right, the NSDAP, or its SS, which in contrast to the SX which ruled the streets, was mainly concerned with the protection of the speakers during the guerilla warfare among the political adversaries of those days. Every German who lived through those days knows with what tension... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 8,550 | 9,050 |
regard to the further development were correct in general-this was not recognized until much later-he was mistaken in his early predictions. The Nazi Party in fact remained a legal one; it did not seize power by a coup d'etat, but Hitler was asked by Hindenburg to form a cabinet in accordance with parliamentary rules. ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 9,000 | 9,500 |
not only anti-Semitism, still exist in all other corners of the globe. All of them cry out for a just solution, and that can be found only in the granting of equal rights to all races. Some progressive nations have made anti-Semitism a criminal offense. But was it criminal when society, the State, under the influence o... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 9,450 | 9,950 |
-feeling of inferiority of him who recognized the superiority of the penetrating intellect over dark impulses remained concealed; for anti-Semitism was preached to the SS men merely as the other side of race eugenics on which emphasis , was laid. By skilful use of those race emotions which spring from a country's histo... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 9,900 | 10,400 |
testimony of State Secretary Grauert before the Commission and learn how a man with the best intentions entered the Hitler administration and the SS, and did not leave it until 1936 when he, an experienced legal administrator, realized that the suspension of the historic principle of the separation of powers ... THE PR... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 10,350 | 10,850 |
66.) But- who, Gentlemen of the Tribunal, among the mass of the people, among the old and new members of the General SS, knew at the time how audaciously Hitler was lying? These men were misled by the cloak of legality under which Hitler concealed his true self. And this speech is not all. Just consider how the Supreme... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 10,800 | 11,300 |
as love of the Fatherland, love of humanity, crimes were committed. Just consider, Gentlemen of the Tribunal-since we have not yet sufficient perspective of the many revolutions of the modern age-just consider the French Revolution: what crimes were committed under the slogan of "Equality, Liberty, and Fraternity." In ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 11,250 | 11,750 |
Even the atmosphere created by such subjection is a collective guilt." Actually Jaspers means by that a moral and political, but not a criminal guilt. In certain individual cases, however, this loyalty can render the individual perpetrator criminally guilty. That becomes clear when we listen to the secret speech of Him... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 11,700 | 12,200 |
not say why the conversion of an army of professional soldiers into a people's army should signify the planning of an aggressive war. Switzerland, the best example of a country with a people's army, has not been engaged in a war for a long time. Was the sponsoring of physical training and sports activities of youth a c... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 12,150 | 12,650 |
a legal and peaceful manner, that peace was absolutely necessary and should be preserved at all costs. Not only was there no psychological preparation for war in all the SS organizations, but on the contrary, the peaceful aims of the Reich were continually stressed. In this connection, I would like to ask the High Trib... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 12,600 | 13,100 |
amounted to an appeal to destiny, the great gamble of the gods. It is true that we have to wean the Germans, and particularly the younger Germans, from this atavistic longing-and in this respect I am now more optimistic for my fellow countrymen than for many other peoples. But war, which at present it does not appear p... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 13,050 | 13,550 |
Wiessee on the Tegernsee. Rohm and the other SA leaders subsequently were transferred to the Stadelheim, Prison and were executed there the same day by members of the Leibstandarte (witness J6hnk). The arrests in Berlin, the other center of the revolt, were carried out in accordance with orders given by G6ring through ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 13,500 | 14,000 |
courts. No misgivings regarding the legality of the executions could arise with the members of the SS and the men of the Leibstandarte, nor any doubts about the seriousness of the announcement that illegal violations were to be punished by the courts. The details which Hitler issued regarding this alleged high and stat... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 13,950 | 14,450 |
taken until 1400 hours.] 579 26 Aug. 46 Afternoon Session HERR PELCKMANN: I have said, Your Honor, that the surrounding world, unfortunately, did nothing to shake this belief in Hitler. What I shall now discuss shall not serve to declare others guilty, or to detract from personal guilt if it exists. No; these statement... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 14,400 | 14,900 |
by SS men with whom they 580 26 Aug. 46 had confidential conversations-at Party rallies, in the Reich Chancellery, and in the Ministries, shook hands with men who were guilty of murder and arson? What effect did that necessarily have on the SS men, who considered these hands pure and clean? The general situation in the... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 14,850 | 15,350 |
the Indictment against the organizations and ,of the possible declaration of an organization as criminal must be determined. The general statements of the Defense regarding the -possibility of the organizations committing, offenses are known to the Tribunal. I consider them fitting and correct. And yet one must risk th... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 15,300 | 15,800 |
union, at least in general outlines, pursues unified aims and purposes, and has a corresponding constitution, should also be clear. Whether it includes the characteristic of voluntary adherence is, on the other hand, extremely doubtful. No one will deny that the German Wehrmacht was an organization, although there can ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 15,750 | 16,250 |
have already explicitly shown that in the examination of the charges of the Prosecution in connection with Article 6 of the Charter, the judgment must adapt itself to the time of the program point in question or of the allegedly criminal act. After establishing that the crimes were without doubt committed, the question... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 16,200 | 16,700 |
are true. How then will the proceedings be carried out according to the Anglo-Saxon corporate penal law? The leaders and the members are heard in detail on the specific accusations made against them-the Court does not judge on the basis of unfavorable testimony of witnesses without giving the leaders and members of the... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 16,650 | 17,150 |
law, is based particularly on the difficulty of taking testimony for the accused organization in a fair manner. This difficulty arises of necessity from the peculiar nature of the proceedings, particularly from the fact that it is technically hardly possible, unless through proceedings going on for years, to clear up e... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 17,100 | 17,600 |
the front, and two high SS judges? Later on I shall discuss the case of the witness Sievers, the only case which was different. Thus the Prosecution had only one recourse: it deliberately brought, forward documents or affidavits which were to prove that crimes had been committed, with which, however, even in the opinio... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 17,550 | 18,050 |
these reasons judgment cannot be delayed so long, then it must be passed now; but since in my opinion the new evidence of the Prosecution can only be used with this -reservation, decision can consist only in the rejection of the application of the Prosecution. I must add something. I asked myself whether I should deal ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 18,000 | 18,500 |
material presented by the Prosecution, and of criticizing it. I am of the opinion that the result of the Prosecution's evidence, insofar as it can be considered in view of what has just been said, forces the Defense to the conclusion that crimes in considerable extent were committed by members of the SS, but not that t... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 18,450 | 18,950 |
that the entire organization, that is, all its members, can be considered criminal; where one counter-proof or one piece of circumstantial evidence is given as against ten or a hundred proofs of circumstantial evidence of the Prosecution, I believe that the Tribunal -cannot draw any conclusions which are sufficient to ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 18,900 | 19,400 |
my considerations upon the Charter and the law of procedure, I endeavored to refute the charge of the Prosecution that the members of the SS were incriminated by the happenings of 30 June 1934. Not even the few members of the Leibstandarte directly concerned could have felt that they were committing a crime in killing ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 19,350 | 19,850 |
Goebbels' speech. Hitler retired early to his apartments, Himmler was with him. Considering the evidence it does not seem Impossible to me that Himmler at least was surprised by this action. The testimony of Eberstein and Schallermeier, Affidavit Number SS-5, makes clear beyond doubt that Heydrich was informed of the a... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 19,800 | 20,300 |
Himmler's second order was given orally to the leaders of the chief sections of the General SS who were assembled at the Hotel Vier Jahreszeiten. It contained definite instructions to the agencies of the General SS to help, if necessary, the Gestapo in safeguarding Jewish property, against all manner of plundering. He ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 20,250 | 20,750 |
affidavits summarized and collected in Affidavits Number SS-119-122. These affidavits prove that the General SS in many cases prevented further excesses, and that within the SS this disgraceful action was disapproved of from the very beginning. Document USA-332, a report upon the juridical party proceedings, in which f... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 20,700 | 21,200 |
a clear conception as to its real meaning. There is a, danger of a historical myth being born which, like any other such myth, is based upon ignorance of the facts, or, even 592 26 Aug. 46 worse, upon partial knowledge of the facts. We, who combat the Hitler myth wherever we can-we have done so in the evidence before t... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 21,150 | 21,650 |
Germany, with the exception of Prussia. Here G6ring was still Chief of the Gestapo. But soon Himmler became his deputy and Heydrich the leader of the Secret State Police Office in Berlin. Himmler's ambition for the widening of his power in the State, which the SS could not offer him, now became ever more obvious. His g... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 21,600 | 22,100 |
million men have at one time been in the Waffen-SS, whereas the General SS had only numbered 250,000 members, refutes this statement. In the aforementioned appendix I have shown how the individual organizations were built up, augmented, and developed according to their own intrinsic nature. The General SS is not the so... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 22,050 | 22,550 |
Adjutant, but rather by Himmler's own Police Adjutant. In this way the testimony given by the witness Reinecke, who testified as to the judicial basis for the separation into five independent spheres of influence under Himmler in the sense of the Indictment, into General SS, Waffen SS, SD, Concentration Camps, and Poli... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 22,500 | 23,000 |
two totally different faces. And when they say that, they are in good company; for on the strength of his many conferences with Himmler, Count Bernadotte says exactly the same thing in his book The Curtain Falls, which has been frequently quoted. Himmler, therefore, is not the SS. The fact that he is referred to as the... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 22,950 | 23,450 |
that the men holding such positions were taken over into the SS as honorary leaders by Himmler. The affidavits deposed by Herr Fuehrer, SS-63, and Herr Wunder, SS-42, give striking examples of the appointment of honorary leaders; SS-49, and Bethke, Number 48, show that the Kreis- and Ortsbauernfuehrer were taken over a... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 23,400 | 23,900 |
authority of command in the Waffen-SS, so that the Higher SS and Police Leaders exercised on public police functions. I am referring to the testimony given b the witness Von Eberstein, and to Affidavits SS-86 and 87. Then we see the following: Himmler's power increased tremendously during the war, but the power of the ... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 23,850 | 24,350 |
not addressed to the SS. The decree of 7 October 1939, Document Number 686-PS, which has been quoted frequently, is of basic importance here. But a jurist can understand this decree only as a law to establish a new public authority to be known as the Reich Commissioner for the Consolidation of German Nationalism. Out o... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 24,300 | 24,800 |
with in detail by the statements given by the witness Kubitz before the Commission, and the affidavits of Creutz, Greifelt, and Golling (SS-115, 72, 79, 80, 71, 112, 113, 114, 77, 73, and 76). 599 26 Aug. 46 As has been abundantly demonstrated before this Tribunal, only Goering-with, the Four Year Plan had influence ov... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 24,750 | 25,250 |
for the Consolidation of German Nationalism (SS Document Book, Number 13). A thorough examination of that decree will show that the confiscations ordered actually had already been pronounced before the Reichskommissar for the Consolidation of German Nationalism had taken office. He did nothing but register and re-exami... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 25,200 | 25,700 |
waiting in camps for some kind of resettlement (Kubit7). Polish property was confiscated by the Four Year Plan, the Haupttreuhandstelle East, and the Reich Ministry for Food (Reich Law Gazette, 1940, Page 353, 1270). From this brief picture of the confusion existing one cannot speak of a premeditated plan for Germaniza... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 25,650 | 26,150 |
of criminal and asocial Poles to concentration camps by the Chief of the Security Police and SD. It also proves that the exchange of Jewish against Polish workers in the Reich was based exclusively on an agreement between the office of Sauckel and the Chief of the Security Police. Thus the SS, both Waffen and General S... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 26,100 | 26,600 |
Nothing against the General SS or the Waffen-SS can be concluded from the employment of those prisoners in the interest and for the benefit of the Reich. The evidence given by Juttner and the Affidavits SS-99, Frank, and SS-100, Fanslau, show that the products of their labor did not accrue to the Waffen-SS, as the Pros... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 26,550 | 27,050 |
been wrongly used for such tasks (witness Ruoff). The witness Blume, of the organization section of the Waffen-SS, had stated that these three or four companies, 602 26 Aug. 46, in contrast to all other units of the Waffen-SS, had never submitted any reports of the true state of affairs to the Fuehrungshauptamt. Practi... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 27,000 | 27,500 |
responsibility of the Wehrmacht, or that of the Police. The witness Hausser said, on 6 August 1946, at the beginning of his interrogation: "That was a military-police task." (Not "military-political task," as was erroneously translated into English.) Therefore, those who possessed police powers In the occupied area, th... | Yale Avalon (proceedings_vol21): Two Hundred and Eleventh Day | 27,450 | 27,950 |
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