dtufail/nuremberg-trials-corpus huggingface dataset:
COL. STOREY: Just a moment, Your Honor. After alleging that in recent weeks English and American fliers had repeatedly shot children, women, peasants, and vehicles on the highways, Bormann then states as follows in the second paragraph of the English translation; I quote: "Several instances have occurred where members of the crews of such aircraft, who have bailed out or who have made forced landings, were lynched on the spot immediately after capture by the populace, which was incensed to the highest degree. No police measures or criminal proceedings were invoked against the German civilians who participated in these incidents." The attention of the Tribunal is particularly invited to the fact that this letter of the Defendant Bormann is distributed through the chain of command of the Nazi Party, expressly mentioning on the distribution list Reichsleiter, Gauleiter, Kreisleiter, and leaders of the incorporated and affiliated organizations of the Party. The Defendant Bormann requested, in the first paragraph of the second page which is found in the English translation, that the local group leaders (Ortsgruppenleiter) be informed of the contents of his circular letter orally-only by oral means. The effect of Reichsleiter Bormann's circular letter may be seen in an order dated 25 February 1945 which I now offer in evidence; it is Document L-154, Exhibit Number USA-335. It is an order from Albert Hoffman, an important member of the Leadership Corps by virtue of his position as Gauleiter and National Defense Commissioner of the Gau Westfalen-Sud. It is addressed to all county councillors, mayors, police officials, and to county leaders and county chiefs of the Volkssturm. "Fighter-bomber pilots who are shot down are in principle not to be protected against the fury of the people. I expect from all police officers that they will refuse to lend their protection to these gangster types. Authorities acting in contradiction to the popular sentiment will have to account to me.
COL. STOREY: All police and gendarmerie officials are to be informed immediately of this, my attitude." The obligations...
THE PRESIDENT: Who is Hoffmann?
COL. STOREY: Albert Hoffmann was a member of the Leadership Corps by virtue of his position as Gauleiter and National Defense Commissar of the Gau Westfalen-Sud. In this connection, if Your Honor pleases, I quote the provisions of the Geneva Convention, 27 July 1929, Article 2, which provides-and I simply ask the Court to take judicial knowledge: "Prisoners of war are in the power of the hostile power, but not of the individuals or corps who have captured them. They must at all times be humanely treated and protected, particularly against acts of violence, insults, and public curiosity. Measures of reprisal against them are prohibited."
THE PRESIDENT: Is that the 1907...
COL. STOREY: 1929, the Geneva Convention dated 27 July 1929-Article 2-and it was also ratified by Germany and the United States. It is clear from the foregoing quoted provisions that the Geneva prisoners-of-war convention imposes upon its signatories the strictest obligations to protect its prisoners of war from violence. The evidence just presented shows that the German State violated this provision. The evidence also proves that members of the Leadership Corps of the Nazi Party participated in the conspiracy to incite the German civilian population to take part in these atrocities. Now I next turn to some illustrative crimes against foreign labor. On 13 September 1936 Reichsleiter of the Party Organization, Dr. Robert Ley, addressed 20,000 people attending a session of the Party Congress. The official account of the Party rally states that the Fuehrer was received with "enthusiastic shouts of exaltation" when he strode through the hall with his deputy, his constant retinue, and several Reichsleiter and Gauleiter. I am referring to Document 2283-PS, and it is the Volkischer Beobachter of 14 September 1936, Page 11, which we offer as Exhibit Number USA-337. In his speech Reichsleiter Robert Ley states that he had been mystified when the Fuehrer ordered him in "mid-April 1933 to take over the trade unions... since I could not see any connection between my task as organizational leader of the Party and my new task." Ley continues by stating that very soon it became clear to him why his responsibilities as Reichsleiter of the Party Organization and Leader of the German Labor Front made logical his selection by the Fuehrer as the man to direct the smashing and dissolution of the free trade unions; and I quote from that document: "Very soon your decision, my Fuehrer, became clear to me and I recognized that the organizational measures of the Party could only come to full fruition when supplemented by the organization of the people, that is to say by the mobilization of the energies of the people and by their concentration and alignment....
COL. STOREY: My tasks Reichsleiter of the Party Organization and as Leader of the German Labor Front were a completely homogeneous task; in other words, in everything I did, I acted as Reichsleiter of the Party Organization. The German Labor Front was an institution of the Party and was led by it. The German Labor Front had to be organized regionally and technically-according to the same principles as the Party. That is why trade union and employee associations had to be smashed unrelentingly, and the basis of construction was formed, as in the Party, by the cell and the local section." On 17 October 1944 Reichsleiter Rosenberg sent a letter to Reichsleiter Bormann which I introduce as Document 327-PS, Exhibit Number USA-338, in which he informed the latter that he had sent a telegram to the Gauleiter urging them not to interfere in the liquidation of certain listed companies and banks under his supervision. Rosenberg emphasizes to Bormann that any "delay of liquidation or independent confiscation of the property by the Gauleiter would impair or destroy an organized plan" for the liquidation of a vast amount of property. On 7 November 1943 the Chief of the General Staff of the Armed Forces delivered a lecture at Munich to the Reichsleiter and the Gauleiter. I now refer to Document L-172, previously introduced in evidence as Exhibit Number USA-34. The Chief of Staff stated that his object was to give a review of the strategic position at the outset of the fifth year of war; and he stated that he realized that the political leaders in the Reich and Gau areas, in view of their burdensome tasks in supporting the German war effort, were in need of information he could give. He stated, in part, as follows: "Reichsleiter Bormann has requested me to give you a review today of the strategic position in the beginning of the fifth year of war....
COL. STOREY: No one-the Fuehrer has ordered-may know more or be told more than he needs for his immediate task; but I have no doubt at all in my mind, gentlemen, that you need a great deal in order to be able to Cope with your tasks. It is in your Gaue, after all. . . that all the enemy propaganda, and the demoralization through malicious rumors that try to find themselves a place among our people concentrate.... Against this wave of enemy propaganda and cowardice... you need to know the true situation; and for this reason, I believe that I am justified in giving you a perfectly open and uncovered account of the state of affairs." Reichsleiter Bormann distributed to all Reichsleiter, Gauleiter, and leaders of Party-affiliated organizations an undated letter, which is Document 656-PS, Exhibit Number USA-339, on the National Socialist Party stationery, signed by Bormann, an order of the Supreme Command of the Wehrmacht relating to self-defense by German guard personnel and German contractors and workers against prisoners of war. The order of the Wehrmacht referred to states that the question of treatment of prisoners of war is continually being discussed by the Wehrmacht and Party bureaus. The order states that should prisoners of war refuse to obey orders to work, the guard has "in the case of the most pressing need and danger the right to force obedience with the weapon if he has no other means. He can use the weapon as much as is necessary to attain his goal." On 18 April 1944 Reich Commissar Lohse, Reich Minister for the Occupied Eastern Territories, in a letter to Reich Youth Leader Axmann-I now offer in evidence Document 347-PS, Exhibit Number USA-340-proposed that the Hitler Youth participate in and supervise the military education of the Estonian and Latvian youth.
COL. STOREY: Lohse states in the above letter that: "In the military education camps the young Latvians are trained under Latvian leaders in the Latvian language, not because this is our ideal but because absolute military necessity demands this." Lohse further stated in the above letter, and I quote, ". . . in contrast to the Germanic peoples of the West, military education is no longer to be carried out through voluntary enlistments but through legal conscription. The camps in Estonia and Latvia will have to be under German leadership; and as military education camps of the Hitler Youth, they must be a symbol of our educational mission beyond Germany's borders. I consider the execution of the military education of the Estonian and Latvian youth not only a military necessity but also a war mission of the Hitler Youth, especially. I would be thankful to you, Party Member Axmann, if the Hitler Youth would put itself at our disposal with the same readiness with which they have so far supported our work in the Baltic area." An order of the Reich Minister of the Interior, Frick, dated 22 October 1938, is Document 1438-PS, of which I ask the Court to take judicial notice, and I quote: "The Reichsfuehrer SS and the Chief of the German Police... can take the administrative measures necessary for the maintenance of security and order even beyond the legal limits otherwise set on such measures." The above order related to the administration of the Sudeten-German territory. In a letter dated 15 April 1943, our Document Number 407-PS, already in evidence as Exhibit Number USA-209, Gauleiter and Plenipotentiary for the direction of labor Fritz Sauckel wrote to Hitler advising him of the success of the forced-labor program as of that date and stating that-and I quote: "You can be assured that the District of Thuringia and I will serve you and our dear people with the employment of all our strength." I now offer in evidence Document 630-PS, Exhibit Number USA342.
COL. STOREY: If Your Honor pleases, I would like to call to your attention that this is on the personal stationery of Adolf Hitler, dated 1 September 1939. It is addressed to Reichsleiter Bouhler and Doctor of Medicine Brandt, and it is signed personally by Adolf Hitler. I want to quote all of that document; it is short: J "Reichsleiter Bouhler and Dr. Brandt are charged with the responsibility of enlarging the authority of certain physicians to be designated by name in such a manner that persons who, according to human judgment, are incurable can, upon a most careful diagnosis of their condition of sickness, be accorded a mercy death. Signed, A. Hitler." A handwritten note on the face of the document states: "Given to me by Bouhler on 27 August 1940. Signed, Dr. Gurtner." In a memorandum recording an agreement between himself and Himmler, the Minister of Justice Thierack stated that on the suggestion of Reichsleiter Bormann an agreement had been reached between Himmler and himself with respect to "special treatment at the hands of the police in cases where judicial sentences were not severe enough." I will offer Document 654-PS, Exhibit Number USA-218, which was previously introduced, and I want to quote one portion: "The Reich Minister of Justice will decide whether and when special treatment at the hands of the police is to be applied. The Reich Fuehrer SS will send the reports, which he sent hitherto to Reichsleiter Bormann, to the Reich Minister of Justice." If the views of the Reich Fuehrer SS and the Reich Minister of Justice disagreed, "the opinion of Reichsleiter Bormann will be brought to bear upon the case, and he will possibly inform the Fuehrer." In the above note it is further stated: "The delivery of asocial elements from execution of their sentence to the Reich Fuehrer of SS to be worked to death: Persons under preventative arrest, Jews, Gypsies, Russians and Ukrainians, Poles with more than 3-year sentences, Czechs and Germans with more than 8-year sentences, according to the decision of the Reich Minister of Justice.
COL. STOREY: First of all the worst asocial elements amongst those just mentioned are to be handed over. I shall inform the Fuehrer of this through Reichsleiter Bormann." With respect to the "administration of justice by the people," he continues: "This is to be carried out step by step. . . as soon as possible.... I shall rouse the Party particularly to co-operate in this scheme by an article in the 'Hoheitstrager."' And Your Honors have already seen copies of that publication. I now skip Paragraphs 16 and 17. A letter from RSHA (which is the Reich Security Main Office) to police chiefs, dated 5 November 1942, which is Document L-316, Exhibit Number USA-346-this was addressed to all police chiefs-i recites an agreement between the Reich Fuehrer SS and the Reich Minister of Justice, approved by Hitler-I call the attention of Your Honors to the red border around this original, and then having the Party seal on it-provides that the ordinary criminal procedure was no longer to be applied to Poles and members of the Eastern populations. The agreement provided that such people, including Jews and Gypsies, should henceforth be turned over to the police. The principles applicable to a determination of the punishment of German offenders, including appraisal of the motives of the offender, were not to be applied to foreign offenders. I quote from Page 2 of the document: "The offense committed by a person of foreign extraction is not to be regarded from the view of legal retribution by way of justice but from the point of view of preventing dangers through police action. "From this it follows that the criminal procedure against persons of foreign extraction must be transferred from justice to the police. "The preceding statements serve for personal information. There are no objections if the Gauleiter are informed in the proper form, should the need arise.') I now skip Paragraphs 19 and 20 of the text. I next refer to Document 1058-PS, previously introduced in evidence as Exhibit Number USA-147.
COL. STOREY: In a speech to a gathering of persons intimately concerned with the Eastern problem, on 20 June 1941, Reichsleiter Rosenberg stated that the southern Russian territories and the northern Caucasus would have to provide food for the German people. I quote Rosenberg's words: "We see absolutely no obligation on our part to feed the Russian people, also, with the products of that surplus territory. We know that this is a harsh necessity, bare of any feelings."
THE PRESIDENT: We have already had that read to us twice.
COL. STOREY: I am sorry, Sir. I did not hear it. Strike it from the record. I now refer to Document R-114. I believe it is the last one in the book, Exhibit Number USA-314. Gauleiter Wagner, of the German-occupied areas of Alsace, prepared plans and took measures leading to the expulsion and deportation of certain groups within the Alsatian civilian population. His plans called for the forcible expulsion of certain categories of so-called undesirable persons as a means of punishment and compulsory Germanization. The Gauleiter supervised deportation measures in Alsace from July to December 1940 in the course of which 105,000 persons were either expelled or prevented from returning. A memorandum, dated 4 August 1942, of a meeting of high SS and police officials convened to receive the reports and plane; of the Gauleiter relating to the Alsatian evacuations, states that the persons deported were mainly "Jews, Gypsies, and other foreign racial elements, criminals, asocial and incurably insane persons, as well as Frenchmen and Francophiles." The memorandum further states the Gauleiter stated that the Fuehrer had given him permission "to cleanse Alsace of all foreign, sick, or unreliable elements"; and that the Gauleiter emphasized the political necessity of further deportations. The memorandum further records that the SS and police officials present at the conference approve the Gauleiter's proposals for further evacuation. I now skip over to the next paragraph, 24. A memorandum by Reichsleiter Bormann of a conference called by Hitler at his headquarters, 16 July 1941, which is Document L-221, Exhibit Number USA-317. I'm sorry, I believe that one was quoted this morning. The only purpose in referring to it is in connection with the Reichsleiter. I believe Captain Harris quoted from that document this morning, and I'll not read the quotation. I call attention to the fact, however, that this conference was attended by Reichsleiter Rosenberg, Reich Minister Lammers, Field Marshal Keitel, the Reich Marshal, and Bormann and lasted about 20 hours.
COL. STOREY: The memorandum states that discussion occurred with respect to the annexation by Germany of various parts of conquered Europe. The memorandum also states theta long discussion took place with respect to the qualifications of Gauleiter Lohse, who was proposed by Rosenberg at this conference, as Governor of the Baltic States. Discussion also occurred, according to the memo, with respect to the qualifications of other Gauleiter and commissioners for the administration of various areas of Occupied Russia. Goering stated, according to the memorandum, that he intended to appoint Gauleiter Terboven for "exploitation of tile Kola Peninsula; the Fuehrer agrees." I believe the next portion has been quoted, too. now pass to the participation of the Leadership Corps in the suppression of the Christian Church and persecution of the clergy and cite some illustrative crimes. The evidence relating to the systematic effort of the defendants and co-conspirators to eliminate the Christian churches in Germany has been previously introduced in U.S.A. Exhibit Book H by Major Wallis with respect. to the Nazi efforts to eliminate the Christian Church. The evidence now to be presented is limited to proving and pointing out the responsibility of the Leadership Corps of the Nazi Party and the members thereof for illegal activities against the Christian Church and clergy. The Defendant Bormann issued a secret decree to all Gauleiter entitled, "Relationship of National Socialism and Christianity." And that is Document D-75 - it is up toward the top, I believe, Your Honor-Exhibit Number USA-348. In this decree Reichsleiter Bormann flaky declares that National Socialism and Christianity are incompatible and that the influence of the churches in Germany must be eliminated. I quote from pertinent portions of this decree beginning with the first paragraph thereof, top of Page 3, which reads as follows: "National Socialist and Christian concepts are irreconcilable....
COL. STOREY: Our National Socialist ideology is far loftier than the concepts of Christianity which, in their essential points, have been taken over from Jewry. For this reason, also, we do not need Christianity.... If, therefore, in the future our youth learn nothing more of this Christianity whose doctrines are far below ours, Christianity will disappear by itself.... It follows from the irreconcilability of National Socialist and Christian concepts that a strengthening of existing confessions and every assistance to originating Christian confessions is to be rejected by us. A differentiation between the various Christian confessions is not to be made here. For this reason, also, the thought of an erection of an Evangelical National Church by merger of the various Evangelical churches has been definitely given up, because the Evangelical Church is just as inimical to us as the Catholic Church. Any strengthening of the Evangelical Church would merely react against us.... "For the first time in German history, the Fuehrer consciously and completely has the leadership of the people in his own hand. With the Party, its components, and attached units, the Fuehrer has created for himself and thereby the German Reich Leadership, an instrument which makes him independent of the Church. All influences which might impair or damage the leadership of the people, exercised by the Fuehrer with the help of the NSDAP, must be eliminated. More and more the people must be separated from the churches and their organs, the pastors. Of course, the churches must and will, seen from their viewpoint, defend themselves against this loss of power. But never again must an influence on leadership of the people be yielded to the churches. This influence must be broken completely and finally. "Only the Reich leadership and, by its direction, the Party, its components and attached units have a right to leadership of the people.
COL. STOREY: Just as the deleterious influences of astrologers, seers, and other fakirs are eliminated and suppressed by the state, so must the possibility of Church influence also be totally removed. Not until this has happened does the state leadership have influence on the individual citizens. Not until then are people and Reich secure in their existence for all the future." I next offer in evidence Document 070-PS, towards the beginning, Exhibit Number USA-349, which is a copy of a letter issued from Bormann's office, dated 25 April 1941, to the Defendant Rosenberg in his capacity as the Fuehrer's representative for the supervision of the entire mental and ideological training and education of the NSDAP. In this letter Bormann's office states that the measures have been taken leading to the progressive cancellation of morning prayers and other religious services and their substitution by Nazi mottoes and slogans. I quote from the first paragraph of Document 070-PS: "We are inducing schools more and more to reduce and abolish morning religious services. Similarly the confessional and general prayers in several parts of the Reich have already been replaced by National Socialist mottoes. I would be grateful to know your opinion on a future National Socialist morning service instead of the present confessional morning services which are usually conducted once per week." In a letter from Reichsleiter Bormann to Reichsleiter Rosenberg dated 22 February 1940, Document 098-PS, Exhibit Number USA-350, which I offer in evidence, Bormann declares to Rosenberg that the Christian religion and National Socialism are incompatible. Bormann cites, as examples of hostile...
THE PRESIDENT: Would you take care to give us the number of the document.
COL. STOREY: I beg pardon, Sir.
THE PRESIDENT: This is 098-PS.
COL. STOREY: Document 098-PS.
THE PRESIDENT: The one before you referred to was 070-PS.
COL. STOREY: Yes-070-PS.
THE PRESIDENT: Before that, D-75?