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29

USSR-366, Tr. p. 4441). “The Geneva Convention for the treatment of Prisoners of war is not binding in the relationship between Germany and the USSR, therefore only the principles of general international law on the treatment of prisoners of war apply. Since the 18th century these have gradually been established along the lines that war captivity is neither revenge nor punishment, but solely protective custody (Sicherheitsschaft) the only purpose of which is to prevent the prisoners of war from a further participation in the war. This principle was developed in accordance with the view held by all armies that it is contrary to military tradition to kill or injure helpless people; this is also in the interest of all belligerents in order to prevent mistreatment of their own soldiers in case of capture ***. The instructions are very general. But if one considers their basic principles the expressly approved measures will result in arbitrary mistreatments and killings, the formal prohibition of arbitrary action notwithstanding."

»Hitler Commando Order, 18 October 1942 (498–PS, USA-501, Tr. p. 1944, 2173). Night and Fog Decrees, 7 and 12 December 1942 (L-90, USA-503, Tr. p. 1945). Minister of Labor Order on employment of French prisoners of war in armament industry, August 1941 (3005-PS, USA-213, Tr. p. 3010). Himmler Order to protect lynchers of allied fliers, 10 August 1943 (R-110, USA-333, Tr. p. 1624).

"Decree appointing Sauckel General Plenipotentiary for Manpower, 21 March 1942, and decree of Goering conferring certain powers on Sauckel, 27 March 1942. 1942 Reichsgesetzblatt, Part I, pp. 179-180 (1666-PS, USA-208, pp. 1337, 4063).

30Speer's conference minutes of Central Planning Board, 1942-44, concerning labor supply. “Our best new engine is made 88% by Russian prisoners of war and the other 12% by German men and women The list of the shirkers should be entrusted to Himmler's trustworthy hands who will make them work all right.” (Milch, p. 26) R-124, USA-179, Tr. pp. 1313, 1320.

si Top secret memorandum signed by Brautigam, 25 October 1942, concerning conditions in Russia (294-PS, USA-185, Tr. p. 1293).

*Speer's conference minutes of Central Planning Board, 1942-44, concerning labor supply. (R-124, p. 22, USA 179, Tr. pp. 1286, 1293, 1309, 2989.) By an official directive, “Estates of those who refuse to work are to be burned, their relatives are to be arrested as hostages and to be brought to forced labor camps”, and the burning of homes in connection with labor conscription was therefore not considered culpable. Letter from Rosenberg Ministry, 12 November 1943, concerning burning of house in Mueller's district. (290–PS, USA-189, Tr. p. 1304). The burning down of houses was a method used to force citizens in occupied territories into Reich labor. Letter from Rabb to Reichminister for Occupied Eastern Territories, 7 June 1944, concerning burning of houses in Wassilkow district. (254-PS, USA-188, Tr. p. 1300). Forced labor agents caught persons attending churches and theaters and transported them to the Reich. Lammers report to Himmler, 12 April 1943, concerning the situation in the Government General. (2220-PS, USA-175, Tr. p. 1275).

*Report to Reich Ministry for Occupied Eastern Territories, 7 October 1942, concerning treatment of Ukrainian Specialists (054-PS, USA-198, Tr. p. 1314). Interdepartmental report of Ministry for Occupied Eastern Territories, 30 September 1942, concerning status of Eastern laborers. “In this train women gave birth to babies who were thrown out of the windows during the journey, people having tuberculosis and venereal diseases rode in the same car, dying people lay in freight cars without straw, and one of the dead

***

was thrown on the railroad embankment. The same must have occurred in other returning transports." (084-PS, USA-199, Tr. p. 1317).

34 Sauckel's labor Mobilization Program 20 April 1942. “Apart from the prisoners of war still in the occupied territories, we must, therefore, requisition skilled or unskilled male and female labor from the Soviet territory from the age of 15 up for the labor mobilization.” p. 7 (016-PS, USA-168, Tr. p. 1319).

35 Affidavit of Edward L. Deuss, 1 November 1945, concerning approximate number of foreign workers for German War Effort in Old Reich (2520-PS, USA-197, Tr. p. 1312).

36 Memorandum to Mr. Hupe, 14 March 1942, concerning employment of Russians. (D-316, USA-201, Tr. p. 1320).

37 Affidavit of Dr. Wilhelm Jaeger, 15 October 1945. “Conditions in all of those camps were extremely bad. The camps were greatly overcrowded. In some camps there were twice as many people in a barrack as health conditions permitted ***. Camp Humboldstrasse ha been inhal itated by Italian prisoners of war. After it had been destroyed by an air raid, the Italians were removed and 600 Jewish females from Buchenwald Concentration Camp were brought in to work at the Krupp factories. Upon my first visit at Camp Humboldstrasse, I found these females suffering from open festering wounds and other diseases. I was the first doctor they had seen for at least a fortnight. There was no doctor in attendance at the Camp. There were no medical supplies in the Camp. They had no shoes and went about in their bare feet. The sole clothing of each consisted of a sack with holes for their arms and head. Their hair was shorn. The Camp was surrounded by barbed wire and closely guarded by SS guards.”

(D-288, USA-202, Tr. p. 1322).

38 Secret Order of Reichsfuehrer SS, 20 February 1942, concerning commitment of manpower from the East. “In severe cases, that is in such cases where the measures at the disposal of the leader of the guard do not suffice, the state police office has act with its means. Accordingly, they will be treated, as, a rule, only with strict measures, that is with transfer to a concentration camp or with special treatment ***. Special tretament is hanging.” (3040-PS, USA-207, Tr. p. 1336).

3° Order signed Christiansen, 19 March 1943, to all group leaders of Security Service, and record of telephone conversations signed by Stapj, 11 March 1943 (3012-PS, USA-190, Tr. pp. 1304, 12200). Letter of Terboven to Goering, dated 1 May 1942. (R-134, Tr. p. 6235). Goering has admitted the excesses in occupied territories: “I do not in any way wish to dispute that things took place which may be debated as far as international law is concerned, and other things occurred which under every circumstance may be considered and must be considered as excesses." (Tr. p. 5932).

4°Excerpts from Frank's Diary. (USSR-223) (English translation p. 43).

41Stenographic report on conference between Goering and Reich Commissioners for Occupied Territories, 8 August 1942. (USSR-170, Tr. p. 5720.

42 Report to Fuehrer regarding confiscated art treasures, 20 March 1941. (014-PS, USA-784, Tr. p. 6213). Field Marshal Kesselring, Goering's subordinate, testified that his method of punishing the small-scale looting of common soldiers under his command was by shooting on the spot. (Tr. p. 5775).

“Hague Convention IV, Articles 43, 46, 47, 50, 52.

pp. 1, 5.

42

"Affidavit of Dr. Rudolf Kastner, former president of the Hungarian Zionist Organization, 13 September 1945. (2605-PS, USA-242, Tr. pp. 1408, 1409).

Affidavit of Dr. Wilhelm Hoetti, 26 November 1945. (2738JPS, Tr. p. 1502). Affidavits of Hermann Graebe. “Moennikes and I went direct to the pits. Nobody bothered us. Now I heard rifle shots in quick succession, from behind one of the earth mounds. The people who had got off the trucksmen, women, and children of all ages—had to undress upon the orders of an SS-man, who carried a riding or dog whip. They had to put down their clothes in fixed places, sorted according to shoes, top clothing. I saw a heap of shoes of about 800 to 1000 pairs, great piles of under-linen and clothing. Without screaming or weeping these people undressed, stood around in family groups, kissed each other, said farewells and waited for a sign from another SS-man, who stood near the pit, also with a whip in his hand. During the 15 minutes that I stood near the pit I heard no complaint or plea for mercy. I watched a family of about 8 persons, a man and woman, both about 50 with their children of about 1, 8 and 10, and two grown-up daughters of about 20 to 24. An old woman with snow-white hair was holding the one-year old child in her arms and singing to it, and tickling it. The child was cooing with delight. The couple were looking on with tears in their eyes. The father was holding the hand of a boy about 10 years old and speaking to him softly; the boy was fighting his tears. The father pointed toward the sky, stroked his head, and seemed to explain something to him. At that moment the SS-man at the pit shouted something to his comrade. The latter counted off about 20 persons and instructed them to go behind the earth mound. Among them was the family, which I have mentioned. I well remember a girl, slim and with black hair, who, as she passed close to me, pointed to herself and said, “23”. I walked around the mound, and found myself confronted by a tremendous grave. People were closely wedged together and lying on top of each other so that only their heads were visible. Nearly all had blood running over their shoulders from their heads. Some of the people shot were still moving. Some were lifting their arms and turning their heads to show that they were still alive. The pit was already 23 full. I estimated that it already contained about 1000 people. I looked for the man who did the shooting. He was an SS-man, who sat at the edge of the narrow end of the pit, his feet dangling into the pit. He had a tommy gun on his knees and was smoking a cigarette. The people, completely naked, went down some steps which were out in the clay wall of the pit and clambered over the heads of the people lying there, to the place to which the SS-man directed them. They lay down in front of the dead or injured people; some caressed those who were still alive and spoke to them in a low voice. Then I heard a series of shots. I looked into the pit and saw that the bodies were twitching or the heads lying already motionless on top of the bodies that lay before them. Blood was running from their necks. I was surprised that I was not ordered away, but I saw that there were two or three postmen in uniform nearby. The next batch was approaching already. They went down into the pit, lined themselves up against the previous victims and were shot. When I walked back, round the mound I noticed another truck-load of people which had just arrived. This time it included sick and infirm persons. An old, very thin woman with terribly thin legs was undressed by others who were already naked, while two people held her up. The woman appeared to be paralyzed. The naked people carried the woman around the mound. I left with MOENNIKES and drove in my car back to Dubno." (2992-PS, pp. 2, 3; USA-494, Tr. p. 1922).

SSD Inspector Bierkamp's letter, 12 December 1941, to RSHA, enclosing copy of secret decree signed by Bormann, entitled, “Relationship of National Socialism and Christianity.” (D-75, USA-348, Tr. p. 1637).

"Extracts from "The Myth of the 20th Century", by Alfred Rosenberg, 1941. “A German religious movement which would like to develop into a folk-church will have to declare that the idea of neighborly love is unconditionally to be subordinated to the idea of national honor, that no act of a German church may be approved which does not primarily serve the safeguarding of the folkdom.” p. 608. (2349-PS, USA-352, Tr. p. 1642).

"Documents on RSHA meeting concerning the study and treatment of church positions. (1815-PS, USA-510, Tr. y. 1956).

"'Secret letter, 21 April 1942, from SS to all concentration camp commanders, concerning treatment of priests (1164-PS, USA-736, Tr. p. 255). Report from the Bavarian Political Police to the Gestapo, Berlin, 24 August 1934, concerning National mourning on occasion of death of von Hindenburg (1521-PS, USA-740, Tr. p. 255). Letter from Kerrl to Minister of State, 23 July 1938, with enclosures dealing with persecution of Bishop Sproll (849-PS, USA-354, Tr. p. 1644). Gestapo telegram from Berlin to Nurnberg 24 July 1938, dealing with demonstrations against Bishop Sproll in Rottenburg (848–PS, USA-353, Tr. p. 1642). Goering has admitted the policy of sending clergymen to concentration camps. (Tr. p. 5853).

5°Gestapo order, 20 January 1938, dissolving and confiscating property of Catholic Youth Women's Organizations in Bavaria. (1481-PS, USA-737, Tr. p. 255. See also Tr. p. 5846.)

51Order of Frick, 6 November 1934, addressed inter alios to Prussian Gestapo, prohibiting publication of Protestant Church announcements. (1493-PS, USA-739, Tr. p. 255).

5°Bormann's letter to Rosenberg, enclosing copy of letter, 24 January 1939, to Minister of Education, requesting restriction of elimination of theological faculties. (116-PS, USA-685, Tr. p. 2792). Bormann's letter to Rosenberg, 17 April 1939, enclosing copy of Minister of Education letter 6 April 1939, on elimination of theological faculties in various universities. (122-PS, USA-362, Tr. p. 1658).

**Secret letter, 20 July 1933, to provincial governments and the Prussian Gestapo from Frick, concerning Confessional Youth Organizations. (1482-PS, USA-738, Tr. p. 255). Gestapo order 20 January 1938, dissolving and confiscating property of Catholic Youth Women's Organizations in Bavaria. (1481-PS, USA-737, Tr. p. 255). State Police Order, 28 May 1934 at Dusseldorf, signed Schmid, concerning sanction of denominational youth and professional associations and distribution of publications in churches. (R-145, USA-745, Tr. p. 255).

51Report by Headquarters, Third United States Army, 21 June 1945, concerning Flossenburg Concentration Camp. (2309-PS, USA-245, Tr. pp. 1398, 1412). Affidavit of Hans Marsalak, 8 April 1946, concerning Mauthausen Concentration Camp and dying statement of Franz Ziereis, the Commandant. (3870-PS, USA-797, Tr. p. 7699). American concentration camp films (2430-PS, USA-79, Tr. p. 593). Soviet atrocity films (USSR-81, Tr. p. 4673). Affidavit of Rudolf Franz Ferdinand Hoess, 5 April 1946: "*** I commanded Auschwitz until 1 December 1943, and estimate that at least 2,500,000 victims were executed and exterminated there by gassing and burning, and at least another half million succumbed to starvation and disease making a total dead of about 3,000,000. This figure represents about 70% or 80% of all persons sent to Auschwitz as prisoners, the

remainder having been selected and used for slave labor in the concentration camp industries. Included among the executed and burnt were approximately 20,000 Russian prisoners of war (previously screened out of Prisoner of War cages by the Gestapo) who were delivered at Auschwitz in Wehrmacht transports operated by regular Wehrmacht officers and men. The remainder of the total number of victims included about 100,000 German Jews, and great numbers of citizens, mostly Jewish from Holland, France, Belgium, Poland, Hungary, Czechoslovakia, Greece, or other countries. We executed about 400,000 Hungarian Jews alone at Auschwitz in the summer of 1944. *** I visited Treblinka to find out how they carried out their extermination. The Camp Commandant at Treblinka told me that he had liquidated 80,000 in the course of one-half year. He was principally concerned with liquidating all the Jews from the Warsaw Ghetto. He used monoxide gas and I did not think that his methods were very efficient. So when I set up the extermination building at Auschwitz, I used Cyclon B, which was a crystallized Prussic Acid which we dropped into the death chamber from a small opening. It took from 3 to 15 minutes to kill the people in the death chamber depending upon climatic conditions. We knew when the people were dead because their screaming stopped. We usually waited about onehalf hour before we opened the doors and removed the bodies. After the bodies were removed our special comr. çandos took off the rings and extracted the gold from the teeth of the corpses.”

“Another improvement we made over Treblinka was that we built our gas chambers to accommodate 2,000 people at one time, whereas at Treblinka their 10 gas chambers only accommodated 200 people each.

The way we selected our victims was as follows: we had two SS doctors on duty at Auschwitz to examine the incoming transports of prisoners. The prisoners would be marched by one of the doctors who would make spot decisions as they walked by. Those who were fit for work were sent into the Camp. Others were sent immediately to the extermination plants. Children of tender years were invariably exterminated since by reason of their youth they were unable to work. Still another improvement we made over Treblinka was that at Treblinka the victims almost always knew that they were to be exterminated and at Auschwitz we endeavored to fool the victims into thinking that they were to go through a delousing process. Of course, frequently they realized our true intentions and we sometimes had riots and difficulties due to that fact. Very frequently women would hide their children under the clothes but of course when we found them we would send the children to be exterminated. We were required to carry out these exterminations in secrecy but of course the foul and nauseating stench from the continuous burning of bodies permeated the entire area and all of the people living in the surrounding communities knew that exterminations were going on at Auschwitz”. (3868–PS, USA-819, Tr. p. 7810).

55Testimony of Witness Blaha. (Tr. pp. 2592, 2636). Testimony of Witness Hoess. (Tr. pp. 7785, 7820).

56 Testimony of the Defendant Funk. “*** And when these measures of terror and violence against Jews were put up to me, I suffered a nervous breakdown because at the moment it came to my mind with all clearness that from here on the catastrophe took its course all the way up to the terrible and atrocious things about which we have heard here and about which I knew only in part from the time of my captivity. I felt ashamed and the feeling of guilt at that moment and I do feel the same way today, but too late.” (Tr. pp. 9042-3). Von Schirach has testified that "Hitler's racial

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