dtufail/nuremberg-trials-corpus huggingface dataset:
1935 changing the Penal Code permitting punishment under analogous law (1935 Reichsgesetzblatt, Part I, page 839) (1962-PS); Law of 16 September 1939 permitting second prosecution of an acquitted person before a special court, the members of which were named by Hitler (1939 Reichsgesetzblatt, Part I, page 1841). (2550-PS)
The destruction of the free trade unions in Germany, (cf. Section 5 of Chapter VII), was made possible by the following Cabinet laws: Law of 4 April 1933 concerning factory representative councils and economic organizations (controlling employee representation) (1933 Reichsgesetzblatt, Part I, page 161) (1770-PS); Law of 19 May 1933 concerning Trustees of labor (abolishing collective bargaining) (1933 Reichsgesetzblatt, Part I, page 285) (405-PS); Law of 20 January 1934 regulating National Labor (introducing leadership principle into industrial relations (1934 Reichsgesetzblatt, Part I, page 45) (1861-PS); and Law of 26 June 1935 establishing Reich Labor Service (compulsory labor service) (1935 Reichsgesetzblatt, Part I, page 769). (1389-PS)
Even the anti-Jewish Nurnberg laws of 15 September 1935, although technically passed by the Reichstag, were nevertheless worked out by the Ministry of the Interior. Dr. Franz A. Medicus, who served as Ministerialdirigent in the Ministry of the Interior, made this statement in a book published in 1940 (2960-PS):
"* * * The work of the Reich Ministry of Interior forms the basis for the three Nurnberg laws passed by a resolution of the Reichstag on the occasion of the Reichs party meeting of freedom.
"The 'Reich Citizenship Law' as well as the 'Law for the protection of German blood and German honor' (Blood Protection Law) opened extensive tasks for the Ministry of Interior not only in the field of administration. The same applies to the 'Reich Flag Law' that gives the foundation for the complete re-organization of the use of the flag * * *" (2960-PS).
the protection of German blood and German honor' (Blood Protection Law) opened extensive tasks for the Ministry of Interior not only in the field of administration. The same applies to the 'Reich Flag Law' that gives the foundation for the complete re-organization of the use of the flag * * *" (2960-PS).
(b) Decrees of The Council of Ministers. Decrees of the Council of Ministers similarly supplied the "legal" basis for other criminal actions of the Nazi conspirators. Among these laws are the following: Decree of 5 August 1940 imposing a discriminatory tax on Polish workers in Germany (1940 Reichsgesetzblatt, Part I, page 1077); Decree of 4 December 1941 regarding penal measures against Jews and Poles in the occupied Eastern Territories (1941 Reichsgesetzblatt, Part I, page 759) (2746-PS); and Decree of 30 June 1942 concerning the employment of Eastern Workers (1942 Reichsgesetzblatt, Part I, page 419). (2039-PS)
Almost immediately upon Hitler's coming to power, the Cabinet participated in the Nazi conspiracy to wage aggressive war. This fact appears clearly from the minutes of the second session of the working committee of the Delegates for Reich Defense, dated 22 May 1933 and signed by Keitel (EC-177); from a letter dated 24 June 1935 and signed by von Blomberg, the Reichs Minister of War, which transmits a copy of the secret, unpublished Reich Defense Law of 21 May 1935 and also a copy of the decision of the Reich Cabinet of 21 May 1935 in the Council for the Defense of the Reich (2261-PS); and from a letter dated 5 September 1939 transmitting a copy of the secret, unpublished Reich Defense Law of 4 September 1938 (a note dated 4 September 1938 attached to this law states that the Reich Defense law of 21 May 1935 and the decisions of the Cabinet previously mentioned are repeated) (2194-PS). These three documents, important in the conspiracy to wage aggressive war emphasize the participation of the Reich Cabinet and Reich Ministers, through legislative enactments, in the conspiracy.
states that the Reich Defense law of 21 May 1935 and the decisions of the Cabinet previously mentioned are repeated) (2194-PS). These three documents, important in the conspiracy to wage aggressive war emphasize the participation of the Reich Cabinet and Reich Ministers, through legislative enactments, in the conspiracy.
The Reich Defense Council was a creation of the Cabinet. On 4 April 1933 the Cabinet decided to form that agency (2261-PS). The circumstances of its creation were discussed at the meeting of 22 May 1933 (EC-177):
"Thoughts about a Reich Defense Council
"All great European powers which are at freedom to arm, have a RVR. One does not have to refer to history to prove the necessity of this institution. The war has shown conclusively that the cooperation with the various ministries has not been close enough. The consequences did not fail to materialize. The soldier is not in a position to have a say in all matters. The disadvantages of the past system were caused by parallel efforts of the various ministries in matters of the Reich defense. To avoid these mistakes a central agency has been created which occupies itself already in peacetime in the widest sense with the problems of Reich Defense. This working staff will continue its existence in time of war.
"In accordance with the cabinet decision of the 4 April 1933 the Reich Defense Council, which until now had been prepared for war emergency, will go into immediate action.
"In time of peace its task will be to decide about all measures for the preparation of the defense of the Reich, while surveying and utilizing all powers and means of the nation." (EC-177)
April 1933 the Reich Defense Council, which until now had been prepared for war emergency, will go into immediate action. "In time of peace its task will be to decide about all measures for the preparation of the defense of the Reich, while surveying and utilizing all powers and means of the nation." (EC-177)
The composition of the Reich Defense Council is thereupon set out. Hitler was President; the Minister of Defense was his deputy; and he, plus six more ministers (there were only ten at that time) and the Chiefs of the Army and Navy Command Staffs were permanent members. The remaining ministers, as well as "leading industrialists", were subject to call. Of the defendants who were then members of the Council, there was von Neurath as Foreign Affairs Minister; Frick as Interior Minister, Goering as Air Minister; and Raeder as Chief of the Navy Command Staff. (EC-177)
The presence of Cabinet ministers was indispensable. The cabinet by that time could legislate for the Reich. It had a definite role to play in this planning, as Keitel pointed out (EC-177):
"Col. Keitel:-Points out once more the urgency of the tasks, since it had been possible to do only very little in this connection during the last years. He asks the delegates to consider the Reich Defense at all times and represent it accordingly at the drafting of new laws. Experiences of the wars are available and are at the disposal of the various ministries; (e.g. Reich Archives, Memorandum of an administrative official about gasoline supply). All these sources must be taken advantage of for the future. The task of the full time delegates is also to bring about a close cooperation of the ministries with each other." (EC-177)
Each separate ministry, moreover, was scheduled for a definite task.
an administrative official about gasoline supply). All these sources must be taken advantage of for the future. The task of the full time delegates is also to bring about a close cooperation of the ministries with each other." (EC-177) Each separate ministry, moreover, was scheduled for a definite task.
"* * * In the work plans the questions and ideas are laid down, which have come up in the Reichswehr Ministry and must be considered in case of mobilization. Up to the present time the support on the part of other Ministries was frequently based only on personal helpfulness since any authority from above was lacking. The following work plans are finished.
"a. Work Plan for the Reich Ministry of Economics.
Work Plan for the Reich Ministry of Food and Agriculture.
Work Plan for the Reich Ministry of Labor.
"These three are composed in one work plan for the preparation of a war economy.
"b. Work Plan for the Reich Postal Ministry.
"c. Work Plan for the Reich Traffic Ministry.
"Request the plans to be worked through carefully by the competent Ministries. The plans will be discussed beginning of June, when proposals for improvements may be made. The other Ministries which have no work plans yet will receive them later on. The Office of Air Raid Protection will work out a work plan in conjunction with the Reich Commissariat for Aviation." (EC-177)
The secrecy of all undertakings was stressed:
"Security and Secrecy."
"Question has been brought up by the Reich Ministries.
which have no work plans yet will receive them later on. The Office of Air Raid Protection will work out a work plan in conjunction with the Reich Commissariat for Aviation." (EC-177) The secrecy of all undertakings was stressed: "Security and Secrecy." "Question has been brought up by the Reich Ministries.
"The secrecy of all Reich Defense work has to be maintained very carefully. Communications with the outside by messenger service only, has been settled already with the Post Office, Finance Ministry, Prussian Ministry of the Interior and the Reichswehr Ministry. Main Principle of security: No document must be lost since, otherwise, the enemy propaganda would make use of it. Matters communicated orally cannot be proven; they can be denied by us in Geneva. Therefore, the Reichswehr Ministry has worked out security directives for the Reich Ministries and the Prussian Ministry of the Interior." (EC-177)
As time went on and greater concentration of power was needed, the Cabinet made changes and additions to this secret war planning body. Article 6 of the Secret Defense Law of 1935 (2261-PS) provided:
"(1) The Fuehrer and Reichschancellor will appoint a plenipotentiary-general for war economy to direct the entire war economy.
"(2) It is the task of the plenipotentiary-general for war economy to put all economic forces in the service of carrying on the war and to secure the life of the German people economically.
"(3) Subordinate to him are:
The Reichsminister for Economy.
The Reichsminister for Food and Agriculture.
The Reichs Labor Minister.
The Reichs Forest Master, and all Reichs' agencies immediately subordinate to the Fuehrer and Reichschancellor. Furthermore the financing of the war effort (in the province of the Reichs Finance Ministry and of the Reichsbank) will be carried on under his responsibility.
Food and Agriculture. The Reichs Labor Minister. The Reichs Forest Master, and all Reichs' agencies immediately subordinate to the Fuehrer and Reichschancellor. Furthermore the financing of the war effort (in the province of the Reichs Finance Ministry and of the Reichsbank) will be carried on under his responsibility.
"(4) The Plenipotentiary-General for War Economy is authorized, within his realm of responsibility to issue legal regulations, which may deviate from the existing legal regulations, which may deviate from the existing laws." (2261-PS)
Schacht was named as Plenipotentiary for War Economy. It will be noted that the Reich Ministers for Food and Agriculture and for Labor, and the Reichs Forest Master (who by this time had Cabinet rank) had not been included in the original membership of the Reich Defense Council. Darre was Minister for Food and Agriculture, Seldte for Labor, and Goering was Reich Forest Master.
On the same day the Law was passed, the Cabinet made these decisions covering the newly-created Plenipotentiary-General for War Economy (EC-177):
"1. The Plenipotentiary-General for War Economy appointed by the Fuehrer and Reichschancellor will begin his work already in peacetime * * *.
"2. The Reichsminister of War and the Plenipotentiary for War Economy will effect the preparations for mobilization in closest cooperation on both sides.
"3. The Plenipotentiary-General for War Economy will be a permanent member of the Reich Defense Council (Reichsverteidigungsrat). Within the working committee he represents through his leadership staff the interests of war economy." (EC-177)
the preparations for mobilization in closest cooperation on both sides. "3. The Plenipotentiary-General for War Economy will be a permanent member of the Reich Defense Council (Reichsverteidigungsrat). Within the working committee he represents through his leadership staff the interests of war economy." (EC-177)
The complete reorganization of this Reich Defense Council took place in 1938, under the Secret Defense Law of 4th September of that year. By that time, there had been a reorganization of the Armed Forces: the chief of the OKW had been created and the War Ministry had been abolished (2194-PS). The Reich Defense Council in 1938 was composed of Goering, as permanent deputy and Minister of Air and Supreme Commander of the Air Force; Raeder as Supreme Commander of the Navy; Hess as Deputy of the Fuehrer; von Neurath as President of the Secret Cabinet Council; Frick as Plenipotentiary for the Reich Administration; Keitel as Chief of the OKW; Funk as Plenipotentiary for Economics; Ribbentrop as Minister of Foreign Affairs; Schacht as President of the Reichsbank directorate (2261-PS). An important part of the Reich Defense Council was the Working Committee. The minutes of the twelfth meeting of the Reich Defense Working Committee, on 14 May 1936, read (EC-407):
"1. The National Minister of War and Supreme Commander of the Armed Forces, General Field Marshal von Blomberg, opened the 12th meeting of the Reichs Defense Committee by expressing thanks for the work accomplished and pointing out in principle the necessity of a preparation for a total mobilization with emphasis on the most important measures to be taken at this time. (Among others; mobilization schedule, legal basis, preparations in the remilitarized zone.) He further indicates the assignment of the national resources (Reichsressort) to finance its measures for preparation of the Reichs defense out of its budget.
"2. The chairman of the Reichs Defense Committee, Lieutenant General Keitel, states:
others; mobilization schedule, legal basis, preparations in the remilitarized zone.) He further indicates the assignment of the national resources (Reichsressort) to finance its measures for preparation of the Reichs defense out of its budget. "2. The chairman of the Reichs Defense Committee, Lieutenant General Keitel, states:
"In todays and future meetings of the Reichs Defense Committee a cross section of the general situation concerning all matters of the national defense is presented. The picture of the situation does not appear in the reports of the meetings.
"The open discussion of State secrets before our large committee gives the special obligation to the chairman of the Reichs Defense Committee of pointing out its secrecy.
"Todays sessions takes place under the auspices of the restoration of the State authority in the demilitarized zone.
"The difficulties of the economic situation, which are presented today, must be mastered." (EC-407)
This Working Committee was still functioning in 1939. The Mobilization Book for Civil Administration of 1939 states, in part (1639-A-PS):
"D. Terms for Mobilization Preparations by the Civil Administration.
"The acceptance of all new measures in the Mobilization Book for Civil Administration must be requested from the Chief of the Reich Defense Committee (Department of State Defense in the Armed Forces High Command)." (1639-A-PS)
The composition of the Working Committee was redefined by the Secret Law of 1938 as follows (2194-PS):
"The Reich Defense Committee [Reichsverteidigungsausschuss] (RVA):
"(1) The Reich Defense Committee is the working Committee of the RVR. It prepares the decisions of the RVR, sees to their execution, and secures collaboration between armed forces, chief Reich offices, and party.
the Secret Law of 1938 as follows (2194-PS): "The Reich Defense Committee [Reichsverteidigungsausschuss] (RVA): "(1) The Reich Defense Committee is the working Committee of the RVR. It prepares the decisions of the RVR, sees to their execution, and secures collaboration between armed forces, chief Reich offices, and party.
"(2) Presiding is the chief of the OKW. He regulates the activity of the committee and gives the directions to the GBV and CBW and to the Reich ministries not subordinated to them and to the chief Reich offices according to the decisions of the RVR, which directions are necessary for securing their uniform execution.
"(3) The RVA is composed of the OKW, deputy of the commissioner for the four year plan, the leader staffs of the GBV and GBW, and the Reich Defense officials.
"(4) Chief office officials for the Reich defense (RV-Referenten) and their deputies are commissioned by the deputy of the leader, by the Reich Chancellery, by each Reich Ministry, by the Reich Leader of the SS and chief of the German police, by the Reich work leaders, by the Reich Forest Master, by the Chief Inspector for the German Road Net, by the Reich Office for Regional Order, by the Reichsbank directorate, and in the Prussian state ministry. RV-Referent and his deputy are immediately subordinate to the minister or the state secretary, and to the chief of the Reich office, resp." (2194-PS)
Master, by the Chief Inspector for the German Road Net, by the Reich Office for Regional Order, by the Reichsbank directorate, and in the Prussian state ministry. RV-Referent and his deputy are immediately subordinate to the minister or the state secretary, and to the chief of the Reich office, resp." (2194-PS)
The GBV and the GBW mentioned in the portion quoted above are, respectively, the Plenipotentiaries for Administration and for Economy. Under them were grouped other ministries, some of which were already permanent members of the Council. By paragraph 3 of the Secret law the following were made subordinate to the Plenipotentiary for Administration: the Ministers of the interior, Justice, Science and Education, Churches; the Reich Authority for Spatial Planning; and, for limited purposes, the Minister of Finance. Subordinate to and under the direction of the Plenipotentiary for Economy (a position formerly held by Schacht under the title "War Economy" and later held by Funk) were the ministers of Economics, Food, Agriculture, Labor, and for limited purposes, the Reich Finance Ministry and the Reichsbank; the Reich Forest Master; and the Commissioner for Price Control from the 4-Year Plan.
Paragraph 5 of the law (2194-PS) shows that subordinated to the Chief of the OKW were the Reich Postal Minister, the Reich Transportation Minister, and the General Inspector for German Highways.
This concentration of power by the Cabinet was for one purpose only: to plan secretly with the strongest means at hand for the waging of aggressive war. Further evidence of this objective is contained in an affidavit by Frick covering the place, activities, and scope of the Reich Defense Council, including the Three-Man College (2986-PS):
"I, Wilhelm Frick, being first duly sworn, depose and say:
secretly with the strongest means at hand for the waging of aggressive war. Further evidence of this objective is contained in an affidavit by Frick covering the place, activities, and scope of the Reich Defense Council, including the Three-Man College (2986-PS): "I, Wilhelm Frick, being first duly sworn, depose and say:
"I was Plenipotentiary for Reich Administration (Generalbevollmaechtigter fuer die Reichsverwaltung) from the time when this office was created, until 20 August 1943. Heinrich Himmler was my deputy in this capacity. Before the outbreak of the war my task as Plenipotentiary for Reich Administration was the preparation of organization in the event of war, such as, for instance, the appointment of liaison men in the different ministries who would keep in touch with me. As Plenipotentiary for Reich Administration, I, together with the Plenipotentiary for Economy and OKW formed what was called a '3-Man College' (Dreierkollegium). We also were members of the Reich defense Council (Reichsverteidigungsrat), which was supposed to plan preparations and decrees in case of war which later on were published by the Ministerial Council for the Defense of the Reich. Since, as soon as the war started, everything had to be done speedily and there would have been no time for planning, such measures and decrees were prepared in advance in case of war. All one then still had to do was to pull out of the drawer the war orders that had been prepared. Later on, after the outbreak of the war, these decrees were enacted by the Ministerial Council for the defense of the Reich.
"(Signed) Dr. Wilhelm Frick" (2986-PS).
LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO THE REICH CABINET
Document 		Description				Vol.	Page
Charter of the International Military Tribunal, Article 9..................	I	6
International Military Tribunal, Indictment Number 1, Section IV (H); Appendix B.......	I	29,68
"(Signed) Dr. Wilhelm Frick" (2986-PS). LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO THE REICH CABINET Document Description Vol. Page Charter of the International Military Tribunal, Article 9.................. I 6 International Military Tribunal, Indictment Number 1, Section IV (H); Appendix B....... I 29,68
Note: A single asterisk (*) before a document indicates that the document was received in evidence at the Nurnberg trial. A double asterisk (**) before a document number indicates that the document was referred to during the trial but was not formally received in evidence, for the reason given in parentheses following the description of the document. The USA series number, given in parentheses following the description of the document, is the official exhibit number assigned by the court.
*351-PS			Minutes of First Meeting of Cabinet of Hitler, 30 January 1933. (USA 389)...........	III	270
*352-PS			Letter from Dr. Lammers to the Plenipotentiary of Administration, 14 June 1942, concerning the jurisdiction of the Council of Ministers for the Defense of the Reich. (USA 398) ................	III	276
405-PS			Law Concerning Trustees of Labor, 19 May 1933. 1933 Reichsgesetzblatt, Part I, p. 285.....	III	387
*1141-PS		Letter from Dr. Lammers to Members of the Council of Ministers for Defense of the Reich, 17 September 1939. (USA 393) .............. III	805
1388-PS			Law concerning confiscation of  Property subversive to People and State, 14 July 1933. 1933 Reichsgesetzblatt, Part I, p. 479 ...............	III	962
1389-PS			Law creating Reich Labor Service, 26 June 1935. 1935 Reichsgesetzblatt, Part I, p. 769 ......	III	963
1393-PS			Law on treacherous attacks against State and Party, and for the Protection of Party Uniforms, 20 December 1934. 1934 Reichsgesetzblatt, Part I, p. 1269 ....	III	973
*1395-PS		Law to insure the unity of Party and State, 1 December 1933. 1933 Reichsgesetzblatt, Part I, p. 1016. (GB 252) ..................	III	978