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stated that the intellectuals of Poland were to a greater part locked up. He also passed on the suggestion made by District Governor Schmidt to use the "moorish” country around Cychov, Poland, as a reservoir for Jews because this measure might have a decimating effect upon the Jewish population of Poland. (2278-PS)

Hans Frank, in his capacity as Governor General of the Polish Occupied Territory, made an official report to Hitler in which he stated that, in the course of time, the German rule had led to a substantial deterioration in the "attitude" of the entire Polish people due to malnutrition, mass arrests, mass shootings, and rigorous methods used to obtain forced labor. In this report it was admitted that before 1939 the food supply of the Polish people was quite adequate to sustain them. (437-PS)

(c) Plunder of public and private property. During the aforesaid tour of inspection Seyss-Inquart ordered the seizure of all soap stocks, and informed the German officials that the seizure of soap and tea was to be regarded as most important. In addition he ordered a marshalling of goods such as oil, salt, manures, etc., in monopolies such as cooperative societies. He also directed that the Polish unemployment fund in a considerable amount be diverted to the repair of damaged buildings. (2278-PS)

Frank in his report to Hitler stated that there had been a confiscation of a great part of Polish estates, together with encroachments upon and confiscation of the assets of industries, trades, professions, and other private property. (437-PS)

(d) Conscription of civilian labor. Seyss-Inquart, as Deputy Governor General of the Polish Occupied Territory, attended most staff meetings held by Frank, the Governor General. Among the subjects discussed and decided upon at those meetings wa the conscription and deportation of vast numbers of Polish nationals to the Reich for forced labor. Some of these deportees were employed in instruments of war production in violation of Articles 6, 23h, 46, and 52 of the Hague Regulations 1907, as well as the Prisoner of War Convention (Geneva 1929). On 11 January 1940 one Frauendorfer reported in the presence of Seyss-Inquart that daily transports, each carrying 1,000 workers, were going to the Reich. Thus Seyss-Inquart aided and abetted in these violations. (2233-B-PS)

According to Frank approximately 160,000 agricultural workers and 50,000 industrial workers were conscripted and deported from Poland to the Reich up to and including 21 April 1940. Because the total quota had been fixed at 500,000 and because there were not enough “voluntary enlistments”, solution to the prob

lem was sought in the use of coercive measures. Seyss-Inquart participated actively in the discussions on this matter, and thus aided materially in the solution of the problem. (2233-N-PS)

(e) Germanization of occupied territories. The Nazi government of the Polish Occupied Territory was determined to make Poland entirely German. (Evidence of this intention is discussed in Chapter XIII.) In addition, Frank in his report to Hitler reported that there had been an expropriation of property and expulsion of Polish nationals therefrom for German settlements in Poland. (437-PS)

(3) The Netherlands.

(a) Position and authority of Seyss-Inquart. Seyss-Inquart was appointed Reich Commissar for the occupied Netherlands territories by decree of Hitler dated 18 May 1940. This decree made Seyss-Inquart "guardian of the interests of the Reich" and invested him with "supreme civil authority." Seys-Inquart was made responsible only to Hitler, and empowered to promulgate laws by decree for the occupied Netherlands territories. (1376-PS; 2910-PS)

(6) Abrogation and modification of Netherlands legislation not justified by military necessity. In his capacity as Reich Commissar of the occupied Netherlands territories Seyss-Inquart authorized and directed the abrogation or modification of Netherlands legislation not demanded or justified by military exigency. This action was in violation of Article 43 of the Hague Regulations, 1907.

The acts abolished included Provincial and Municipal Laws. (3340-PS; 3342-PS)

Ordinary criminal laws not in conflict with the permissible objectives of the occupying power were abrogated, suspended, or radically changed. Administrative courts martial were established by decree of Seyss-Inquart as Reich Commissar which empowered the Leader of the Superior SS and the Police and Special Agents appointed by the Reich Commissar to deviate from existing law. This decree also prescribed harsh penalties for misdemeanors, extending from 10 years to life imprisonment, and include the death penalty (i) for participation in "activities likely to disturb or endanger public order and security” and (ii) for intentional violation of the orders of the Reich Commissar. (2111-PS)

Existing marriage laws were amended by Seyss-Inquart so as to require approval of the Reich Commissar instead of the consent of parent or guardian in the case of Dutch girls. The statu

tory waiting period was also abolished. Thus, intermarriage of Germans with female persons of Netherlands nationality were facilitated and promoted. (3339-PS)

Existing legislation concerning Netherlands nationality was modified by Seyss-Inquart so as to favor Germany. (3341-PS).

Additional decrees not justified or demanded by the military interests of the occupant were issued by Seyss-Inquart as Reich Commissar. These decrees amended or superseded and distorted existing laws concerning press, education, social services, corporate life, trade unionism, medical care, art, science, and divers phases of the political, social, economic, and industrial life of the Netherlands. Some of these enactments, including the discriminatory decrees against the Jews, are considered in greater detail hereafter. (1726-PS)

(c) Germanization of Netherlands Territory. Seyss-Inquart in his capacity as Reich Commissar for the occupied Dutch Territory, took affirmative steps to assimilate the territory under his jurisdiction politically, culturally, socially, and economically into the German Reich. This action violated Articles 43, 46, 55, and 56 of the Hague Regulations, 1907, the laws and customs of war, the general principles of criminal law, the internal penal laws of the countries in which such crimes were committed, and Article 6 (b) of the Charter.

The more offensive crimes in the above category, such as economic exploitation and enforced conscription are considered in detail elsewhere in this section. Other "Germanization" measures, such as the decrees promoting marriage between German males and female Netherlanders, and altering citizenship laws in favor of Germany, have been previously adverted to.

When he assumed office on 29 May 1940, Seyss-Inquart said in a speech at The Hague:

“We neither will oppress this land and its people imperialistically nor will we impose on them our political convictions. We will bring this about in no other way—only through our

deportment and our example.” (3430-PS) The bona fides of the above statement is belied by a public statement made by Seyss-Inquart two years later. In a speech at Hengelo on 19 May 1943 he revealed his true purpose:

"Several times it has been held against me that I have let national socialism come to the fore in all phases in public life. As far as I am concerned that is no reproach, it is a

historical mission, which I have to fulfill here.” (3430-PS) Full disclosure of Seyss-Inquart's intentions and actions with respect to nazification and exploitation of Holland was made in

693255—47-63

a Top Secret report prepared by him and sent to Berlin covering the situation in the Netherlands during the period 29 May to 19 July 1940. This report was forwarded by Lammers of the Reich Chancellery to Rosenberg. Seyss-Inquart prefaces the report by describing his mission as not merely the guarding of Reich interests and maintaining order, but also the building of close economic ties between the Netherlands and the Reich. The report catalogues in considerable detail the measures initiated by SeyssInquart, discusses the building up of the NSDAP in the Netherlands, and adverts to the proposed creation of Nazi para-military and corresponding organizations. It also mentions the efforts made to bring about an assimilation of interests between Holland and Germany in the fields of economics and agriculture, culture, art, and science. The report points out that the allocation of supplies made, and financial and currency arrangements prescribed, were favorable to the Reich; that such transactions were signed by Dutch officials so that the “appearance of being voluntary” was preserved. (997-PS)

(d) Spoliation of property. In his capacity as Reich Commissar for the Occupied Netherlands territory Seyss-Inquart authorized, directed, and participated in the exploitation of the material resources of the Occupied Netherlands territory for purposes unrelated to the needs of the Army of Occupation. These acts were all in violation of Article 6 (b) of the Charter and Articles 43, 46–49, 52 of the Hague Regulations, 1907.

These crimes, for which Seyss-Inquart is responsible not only by virtue of his position as the dominant civil representative of the Reich Government in the Occupied Netherlands territory but also because of his direct participation in the initiation and execution of such criminal policies, took the following form:

Control and exploitation of the Netherlands economy in the interest of the German total war effort.

Levy of excessive occupation charges on the Netherlands.

Exaction of large sums of money and gold as “external occupation costs,” or “contributions to the war against Bolshevism."

Requisitioning of gold and foreign exchange of Dutch nationals for purposes unrelated to the needs of the occupation army.

Use of German reichsmarks as currency in the Netherlands fo: purposes unrelated to the needs of the occupation army, with compulsory free exchange of such Reichsmarks for gulden by the Netherlands Bank.

(Evidence of the foregoing methods of exploitation of the occupied Netherlands and correlative enrichment of the Reich is discussed in Chapter XIII.)

The Nazi conspirators were measurably aided in executing the foregoing policies in Holland by the cooperation of a local Nazi, Rost van Tonnigen, who was appointed President of the Netherlands Bank and Treasurer in the Netherlands Ministry of Finance by Seyss-Inquart in the spring of 1941. The cooperative spirit with which van Tonnigen discharged his responsibilities in these posts was disclosed in the following excerpt from a report of the German Commissar of the Netherlands Bank:

“The new President of the Netherlands Bank, Mr. Rost van Tonnigen, is, in contrast to a large part of the leadership, penetrated in his movements and his official acts by the greater German thought, and convinced of the necessity of the creation of a greater European economic space. This ideological attitude in itself gives him the correct position on financial and monetary policy questions for his country in relation to the greater German economic space. Furthermore it makes easier cooperation with my office, a fact which deserves 'special mention in consideration of the frequently observed impossible conduct of the Netherlands agencies before the entrance into office of the new President. I consider as a fortunate solution the fact that the Reichskommissar for the Occupied Dutch Areas has also entrusted Mr. Rost van Tonnigen with the Treasury of the Ministry of Finance [Schatzamt des Finanzministeriums). Mr. Rost van Tonnigen took over this office at the end of the month of April. Thus there is a guarantee that the financial and monetary policy of the country will be conducted according to unified points of view." (ECR-174; see also Verordnungsblatt, No. 22, 24 August 1940 (Fourth Order of the Reich Commissar for the Occupied Netherlands concerning certain Administrative Measures) ; Lemkin, “Axis Rule in Occupied Europe,”

pp. 455-456.) In addition to the responsibility which attaches to Seyss-Inquart as a result of his dominant position in the Netherlands, his appointment of Nazi-minded individuals to key positions, and his complete knowledge of and acquiescence in illegal Nazi policies, there is conclusive evidence of his initiation of such policies. In April 1942 "at the instigation of the Reich Commissar Seyss-Inquart” the Netherlands began to pay a "voluntary contribution to the war against Bolshevism” of 50,000,000 gulders per month, retroactive to 1 July 1941, of which ten million per month was paid in gold. (ECR-195)

By 31 March 1944, this contribution amounted to 2,150,000,000 RM. (EC-86)

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