of the state, to the extent necessary, there steps alongside to supplement it the Security Service of the Reichsleader of the SS, set up by the Deputy Fuehrer as the political intelligence service of the movement, which puts a large part of the forces of the movement mobilized by it into the service of the security of the state." (1956–PS)

(3) The Place of the GESTAPO and the SD in the Conspiracy. The GESTAPO was founded in April 1933 by Goering to serve as a political police force in Prussia. Goering intructed Diels, the first Deputy Chief of the GESTAPO, that his main task would be the elimination of political opponents of National Socialism and the fight against Communism. (2460-PS)

In "Aufbau Einer Nation," published in 1934, Goering said: "For weeks I had been working personally on the reorganization and at last I alone and upon my own decision and my own reflection created the office of the Secret State Police. This instrument which is so feared by the enemies of the State, has contributed most to the fact that today there can no longer be talk of a Communist and Marxist danger in Germany and Prussia." (2344-PS)

So effective had the GESTAPO proven itself in combatting the political opposition to National Socialism by the fall of 1933 that Goering took over direct control of the GESTAPO (2105–PS). Goering's position as Chief of the GESTAPO in Prussia was recognized by Himmler even after he became Chief of the German Police in 1936 (2372-PS). Even as late as December 1938 Goering continued to exercise his direct control over the Prussian GESTAPO. (D-183)

Himmler was named Deputy Chief of the GESTAPO in Prussia in 1934. He used the GESTAPO, infused with new personnel recruited in large part from the SS, to carry out the Roehm purge of 30 June 1934. (2460-PS)

The GESTAPO, through its great power of arrest and confinement to concentration camps without recourse to law, was the principal means for eliminating enemies of the Nazi regime. Diels, the former Deputy Chief of the GESTAPO under Goering, declared:

66* ** * From (1934) on the GESTAPO is responsible for all deprivations of freedom and breaches of law and killings in the political field which took place without court verdict. Of primary importance among these was the shooting of numerous persons who had been committed to jails by the courts and then shot supposedly because of resistance. Many such

:

cases were at that time published in the papers. For people guilty of immorality such illegal shootings became the rule. As for deprivation of freedom, there was no legal reason any more for protective custody orders after 1934, which had still been the case before that date, since from 1934 on the power of the totalitarian state was so stabilized that the arrest of a person for his own protection was only an excuse for arbitrary arrest-without court verdict and without legal measures for him. The terroristic measures, which led to the development of the pure force system and punished to an increasing degree each critical remark and each impulse of freedom with the concentration camp, took on more and more arbitrary and cruel forms. The GESTAPO became the symbol of the regime of force." (2460-PS)

D. Criminal Responsibility of the Gestapo and SD.

In the remainder of this section the criminal responsibility of the GESTAPO and the SD will be considered with respect to certain crimes against the peace, war crimes, and crimes against humanity which were in principal part committed by the centralized political police system the development and organization of which has previously been considered. In some instances the crimes were committed in cooperation or conjunction with other groups and organizations.

Frequent reference will be made to the phrase, "SIPO and SD." The SIPO and SD was composed of the following organizations,— the GESTAPO, the KRIPO and the SD.

The GESTAPO was the largest of these, having a membership of about 40,000 or 50,000 in 1943-45. It was the political police force of the Reich. Much of its personnel consisted of transferees from former political police forces of the States. Membership in the GESTAPO was voluntary.

The KRIPO was second largest, having a membership of about 15,000 in 1943-45. It was the criminal police force of the Reich. The SD was the smallest, having a membership of about 3,000 in 1943-45. It was the intelligence service of the SS. Membership in the SD was voluntary. (3033-PS)

In common usage, and even in orders and decrees, the term "SD" was used as an abbreviation in the term "SIPO and SD." Since the GESTAPO was the primary executive agency of the SIPO and SD, and by far the largest, in most such cases the actual executive action was carried out by personnel of the GESTAPO rather than

of the SD or of the KRIPO. In occupied territories members of the GESTAPO frequently wore SS uniforms. (3033-PS)

The term "Chief of the Security Police and SD" describes the person who is the head of the GESTAPO, KRIPO and the SD, and of their headquarters office called the RSHA. The "Chief of the Security Police and SD" and the "head of the RSHA" are always one and the same person. The RSHA was a department in the Reich Ministry of the Interior and in the SS. Sometimes organizational responsibility can be established by the fact that the orders in question were issued by or submitted to Amt III of the RSHA (in which case the action concerned the SD), to Amt IV of the RSHA (in which case the action concerned the GESTAPO), or to Amt V of the RSHA (in which case the action concerned the KRIPO).

Although the GESTAPO was the chief executive agency in the political police system, all three organizations contributed to the accomplishment of most of the criminal activities discussed here

inafter.

E. Crimes of the GESTAPO and SD against the Peace.

Prior to the invasion of Poland by Germany, "border incidents" were fabricated by the GESTAPO and SD for the purpose of furnishing Hitler with an excuse to wage war. (2751-PS)

Early in August, 1939, the plan was conceived by the Chief of the Security Police and SD, Heydrich, to stage simulated border raids by personnel of the GESTAPO and SD dressed as Poles. To add authenticity, it was planned to take certain prisoners from concentration camps, kill them by use of hypodermic injections, and leave their bodies, clad in Polish uniforms, at the various places where the incidents were planned to occur. The Chief of the GESTAPO, Mueller, took a directing hand in these actions, which were staged on 31 August 1939 in Beuthen, Hindenburg, Gleiwitz, and elsewhere.

The leader of the SD agents who made the pretended attack on the Gleiwitz radio station on 31 August, said:

66* * * In my presence, Mueller discussed with a man named Mehlhorn plans for another border incident, in which it should be made to appear that Polish soldiers were attacking German troops. Germans in the approximate strength of a company were to be used. Mueller stated that he had 12 or 13 condemned criminals who were to be dressed in Polish uniforms and left dead on the ground of the scene of the incident, to show that they had been killed while attacking. For

this purpose they were to be given fatal injections by a doctor employed by Heydrich. Then they were also to be given gunshot wounds. After the incident members of the press and other persons were to be taken to the spot of the incident. A police report was subsequently to be prepared.

"4. Mueller told me that he had an order from Heydrich to
make one of those criminals available to me for the action at
Gleiwitz. The code name by which he referred to these crimi-
nals was 'Canned Goods.'

"5. The incident at Gleiwitz in which I participated was car-
ried out on the evening preceding the German attack on
Poland. As I recall, war broke out on the 1st of September
1939. At noon of the 31st August I received by telephone from
Heydrich the code word for the attack which was to take
place at 8 o'clock that evening. Heydrich said, 'In order to
carry out this attack report to Mueller for Canned Goods.'
I did this and gave Mueller instructions to deliver the man
near the radio station. I received this man and had him laid
down at the entrance to the station. He was alive but he was
completely unconscious. I tried to open his eyes. I could
not recognize by his eyes that he was alive, only by his
breathing. I did not see the shot wounds but a lot of blood
was smeared across his face. He was in civilian clothes.
"6. We seized the radio station as ordered, broadcast a speech
of three to four minutes over an emergency transmitter, fired
some pistol shots and left." (2751-PS; 2479-PS)

These were the "frontier incidents" to which Hitler referred in his speech to the Reichstag on 1 September 1939. (Adolf Hitler, "My New Order," Reynal and Hitchcock, Inc., 1941, p. 687.)

F. War Crimes of the GESTAPO and SD.

(1) The GESTAPO and SD carried out mass murders of hundreds of thousands of civilians of occupied countries as a part of the Nazi program to exterminate political and racial undesirables ("Einsatz Groups"). About four weeks before the attack on Russia, special task forces of the SIPO and SD, called Einsatzgruppen or Special Task Groups, were formed on order of Himmler for the purpose of following the German armies into Russia, combatting partisans and members of resistance groups and exterminating the Jews and Communist leaders. In the beginning four Einsatz Groups were formed. Einsatz Group A, operating in the Baltic States, was placed under the command of Stahlecker, former Inspector of the SIPO and SD. Einsatz Group B, operating toward

Moscow, was placed under the command of Nebe, the Chief of Amt V (KRIPO) of the RSHA. Einsatz Group C, operating toward Kiev, was placed under the command of Rasch and later of Thomas, former Chief of the SIPO and SD in Paris. Einsatz Group D, operating in the south of Russia, was placed under the command of Ohlendorf, the Chief of Amt III (SD) of the RSHA.

The Einsatz Groups were officered by personnel of the GESTAPO, the SD and the KRIPO. The men were drawn from the Order Police and the Waffen SS. The groups had complements of 400 to 500 men, and had their own vehicles and equipment. By agreement with the OKW and OKH, the Einsatzkommandos were attached to certain Army corps or divisions. The Army assigned the area in which the Einsatzkommandos were to operate, but all operational directives and orders for the carrying out of executions were given through the RSHA in Berlin. Regular courier service and radio communications existed between the Einsatz Groups and the RSHA.

The affidavit of Ohlendorf, Chief of the SD, who led Einsatz Group D, reads in part as follows:

"When the German Army invaded Russia, I was leader of Einsatzgruppe D in the southern sector, and in the course of the year during which I was leader of the Einsatzgruppe D, it liquidated approximately 90,000 men, women and children. The majority of those liquidated were Jews, but there were also among them some Communist functionaries.

"In the execution of this extermination program the Einsatzgruppen were subdivided into Einsatzkommandos, and the Einsatzkommandos into still smaller units, the so-called Sonderkommando and Teilkommandos. Usually the smaller units were led by a member of the SD, the GESTAPO or the KRIPO. The unit selected for this task would enter a village or city and order the prominent Jewish citizens to call together all Jews for the purpose of resettlement. They were asked to hand over their personal belongings to the leaders of the unit, and shortly before the execution, to surrender their outer clothing. The men, women and children were led to a place of execution which usually was located beside a deepened antitank ditch. Then they were shot, kneeling or standing, and the corpses were thrown into the ditch. I never permitted the shooting by individuals in Group D, but ordered that several of the men should shoot at the same time in order to avoid direct personal responsibility. The leaders of the unit, or especially designated persons, however, had to fire the last shot against those victims who were not dead immediately.