« ПредыдущаяПродолжить »
against any further disintegration of the German race stock.
"The sixth fundamental law was the legal elimination of those political organizations which within the state, during the period of the reconstruction of the people and the Reich, were once able to place their selfish aims ahead of the common good of the nation. This elimination has taken place entirely legally. It is not the coming to the fore of despotic tendencies but it was the necessary legal consequence of a clear political result, of the 14 years' struggle of the NSDAP. "In accordance with these unified legal aims in all spheres, particular efforts have for months now been made as regards the work of the great reform of the entire field of German law. * * *"' (2536-PS)
Frank concluded his remarks by pointing out that the outward forms of legality could be preserved in building the Nazi state:
"As a leader of the German Jurists I am convinced that together with all strata of the German people, we shall be able to construct the legal state of Adolf Hitler in every respect and to such an extent that no one in the world will at any time be able to attack this legal state as regards its laws". (2536-PS)
In his speech at the Congress of the Reich Group of University Professors of the National Socialist Jurists' League on 3 October 1936, Frank explained the necessity for excluding Jews from the legal field:
66* * this topic embraces all that which in our opinion will contribute to establishing National Socialism in the field of jurisprudence, thus eliminating any alien racial spirit therefrom.
* * *
"We National Socialists have started with anti-Semitism in
"Particularly we National Socialist Jurists have a mission
"It is so obvious that it hardly needs mentioning that any participation whatsoever of the Jew in German law-be it in a creative, interpretative, educational or critical capacity—is impossible. The elimination of the Jews from German jurisprudence is in no way due to hatred or envy but to the understanding that the influence of the Jew on German life is essentially a pernicious and harmful one and that in the interests of the German people and to protect its future an unequivocal boundary must be drawn between us and the Jews." (2536-PS)
As the leading Nazi jurist, Frank accepted and promoted the system of concentration camps and of arrest without warrant. In an article on "Legislation and Judiciary in the Third Reich" published in the Journal of the Academy of German Law in 1936, Frank explained:
"To the world we are blamed again and again because of the concentration camps. We are asked, 'Why do you arrest without a warrant of arrest?' I say, put yourselves into the position of our nation. Don't forget that the very great and still untouched world of Bolshevism cannot forget that we have made final victory for them impossible in Europe, right here on German soil." (2533-PS)
Just as the other conspirators mobilized the military, economic, and diplomatic resources of Germany for war, Frank, in the field of legal policy, geared the German juridical machine for a war of aggression, which, as he explained in 1942 to the NSDAP District Standortsfuehrung Galicia at a mass meeting in Lemberg, had for its purpose:
66* * * to expand the living space for our people in a natural manner". (2233-S-PS)
Frank was proud of this accomplishment. In a speech before the Academy of German Law in November 1939, he stated:
"Today we are proud to have formulated our legal principles from the very beginning in such a way that they need not be changed in the case of war. For the rule, that right is that which is useful to the nation, and wrong is that which harms it, which stood at the beginning of our legal work, and which established this collective term of nation as the only standard of value of the law-this rule dominates also the law of these times." (3445-PS)
C. THROUGH USE OF HIS OFFICE AS GOVERNOR GENERAL, FRANK PARTICIPATED IN THE CONSPIRACY TO COMMIT WAR CRIMES AND CRIMES AGAINST HUMANITY IN THE TERRITORY OF THE GENERAL GOVERNMENT OF POLAND.
Certain of the war crimes and crimes against humanity committed by the Nazi conspirators, and in particular by Frank in the General Government of Poland are discussed in Chapter X on the Slave Labor Program, Chapter XI on Concentration Camps, Chapter XII on Persecution of the Jews, and Chapter XIII on Germanization and Spoliation. This section will attempt to trace Frank's special responsibility, as Governor General, for the policies underlying the crimes committed in the General Government during the period of his administration.
Frank was appointed Governor General of the Occupied Polish Territories by a Hitler decree dated 12 October 1939. The scope of his executive power was defined as follows:
"Section 1. The territories occupied by German troops shall be subject to the authority of the Governor General of the occupied Polish territories, except insofar as they are incorporated within the German Reich.
"Section 2. (1) I appoint Reich Minister Dr. Frank as Governor General of the occupied Polish territories. (2) As Deputy Governor General I appoint Reich Minister Dr. SeyssInquart.
"Section 3. (1) The Governor General shall be directly responsible to me. (2) All branches of the administration shall be directed by the Governor General *." (2537-PS) The jurisdiction and functions of Frank in the General Government are described by him in several passages of his diary. For example at a meeting of Department Heads of the General Government on 8 March 1940 in the Bergakademie, Frank clarified his status as follows:
"One thing is certain. The authority of General Government as the representative of the Fuehrer and the will of the Reich in this territory is certainly strong, and I have always emphasized that I would not tolerate the misuse of this authority. I have allowed this to be known anew at every office in Berlin, especially after Herr Field Marshall Goering on 12.2.1940 from Karin-hall had forbidden all Administrative Offices of the Reich, including the Police and even the Wehrmacht, to interfere in administrative matters of the General Government
"There is no authority here in the General Government which is higher as to rank, influence, and authority than that of the Governor General. Even the Wehrmacht has no governmental or official functions of any kind in this connection; it has only security functions and general military duties-it has no political power whatsoever. The same applies here to the Police and SS. There is here no state within a state but we are the representatives of the Fuehrer and of the Reich. In final conclusion, this applies also to the Party which has here no far-reaching influence except for the fact that very old members of the National Socialist Party and loyal veterans of the Fuehrer take care of general matters." (2233M-PS)
At a conference of the District Standartenfuehrer of the NSDAP in Cracow on 18 March 1942, Frank explained the relationship between his administration and Himmler:
"As you know I am a fanatic as to unity in administration. * * * It is therefore clear that the Higher SS and Police Officer is subordinated to me, that the Police is a component of the government, that the SS and Police Officer in the district is subordinated to the Governor, and that the Kreis [district] chief has the authority of command over the gendarmerie in his Kreis [district]. This the Reichsfuehrer SS has recognized; in the written agreement all these points are mentioned word for word and signed. It is also self-evident that we cannot set up a closed shop here which can be treated in the traditional manner of small states. It would, for instance, be ridiculous if we would build up here a security policy of our own against our Poles in the country, while knowing that the Polacks in West Prussia, in Posen, in Wartheland and in Silesia have one and the same movement of resistance. The Reichsfuehrer SS and Chief of the German Police thus must be able to carry out with the aid of his agencies his police measures concerning the interests of the Reich as a whole. This, however, will be done in such a way that the measures to be adopted will first be submitted to me and carried out only when I give my consent. In the General Government, the Police is the Armed Forces. As a result of this, the leader of the Police system will be called by me into the government of the General Government; he is subordinate to me, or to my deputy, as a State Secretary for the Security Systems." (2233-R-PS)
D. THE PROTOCOL UNDER WHICH THE PURPOSES OF FRANK'S ADMINISTRATION OF THE GENERAL GOVERNMENT WERE DEFINED CONSTITUTES IN ITSELF A CRIMINAL PLAN OR CONSPIRACY.
The protocol of the conversation between Keitel and Hitler, which was dated 20 October 1939 and initialed by General Warlimont, regarding "The Future Shape of Polish Relations with Ger- many" provided in part as follows:
"(1) The Armed Forces will welcome it if they can dispose of Administrative questions in Poland.
"On principle there cannot be two administrations."
"(3) It is not the task of the Administration to make Poland
"(4) The administration has to work on its own responsi-
"The accomplishment of this task will involve a hard racial struggle [Volkstumskampf] which will not allow any legal restrictions. The methods will be incompatible with the principles otherwise adhered to by us.
"The Governor General is to give the Polish nation only bare living conditions and is to maintain the basis for military security.'