dtufail/nuremberg-trials-corpus huggingface dataset:
of 1934. The members of this organization numbered at least one million at the time of their transfer. They claim that they were not consulted about it and that they were so indignant that they remained in opposition to the principles of the SA for the next eleven years, i.e. until 1945. If they were asked why they did not resign, they said this was impossible or that they were under some form of compulsion which might involve them in disciplinary measures or financial loss. Another example of this alleged involuntary membership is a claim on behalf of the thousands of young students who were not 9 Col. Neave Rep. permitted to continue their studies in the universities without furnishing evidence of their membership in the SA or in other organizations. The Defense, therefore, considered it in their interest to widen the interpretation of the word "compulsion" as much as they possibly could, in order to bring in the greatest number of members. The Prosecution have continued to declare "mental coercion" as immaterial. They consider that the nature of the coercion must be such as is normally recognized by law. Threats of political or economic consequences should not be valid. The Defense's reply to this is that the fact that a large number of members were involuntary members is of such decisive importance for the declaration of criminality that mental coercion must be included. They concede, however, that an organization in the sense of Article 6 of the Charter could be considered criminal even if all the members had been subjected to such pressure. They say, however, this could only be done from a "formal juridical standpoint", on the grounds that according to Anglo-Saxon law, an organization is accountable for crimes committed within it even without the knowledge and against the will of the members. They protest that in this trial conditions are quite different. We come now to the question of knowledge of criminal activities on the part of the members. Mr. Justice Jackson has stated that the nature of the criminal aims and methods must be such that they "generally" known. This is substantially the wording of the order which includes the expression "open and notorious". Similarly Sir David
question of knowledge of criminal activities on the part of the members. Mr. Justice Jackson has stated that the nature of the criminal aims and methods must be such that they "generally" known. This is substantially the wording of the order which includes the expression "open and notorious". Similarly Sir David Maxwell-Fyfe has said "The nature of the criminal aims or methods must have been such that a reasonable person must have had knowledge of the purposes pursued by the organizations which he joined, i.e., he must have known what kind of an organization it was." Here again the Commissioners considered it their duty to try and limit the evidence to what appeared to have been the general situation in Germany at the time. The Prosecution has frequently alleged that the "whole world" knew about these crimes and so why did not the members? This was attacked by the Defense as being entirely untrue. It is their claim that under the HITLER regime the reading of foreign, newspapers or listening to foreign broadcasts was prohibited except for a very small circle of officials of the Government. In consequence it was impossible for the average person to have knowledge of such atrocities even though they were being published all over the world. 10 Col. Neave Rep. The Defense furthermore contended that it was the policy of the GESTAPO and other security organizations to conceal their activities from the public. They make this claim particularly in respect of the alleged crimes by the GESTAPO, the EICHMANN Group, the SD and the Einsatzgruppen. The implication is that these groups consisted of a small number of elite and specially trained people who were sworn to secrecy. For special tasks like the fabrication of frontier incidents on the Polish Border in 1939, HEYDRICH employed special SD men whom he considered reliable. These so-called SD men, claimed the Defense, were not actually members of the SD but merely those whom HEYDRICH or HIMMLER trusted. It is the main contention of the Defense that the so-called "dirty jobs" were carried out by a few selected gangsters who formed a minority in the organization. This suppression of information by the GESTAPO and other organizations played some part in the evidence regarding the
or HIMMLER trusted. It is the main contention of the Defense that the so-called "dirty jobs" were carried out by a few selected gangsters who formed a minority in the organization. This suppression of information by the GESTAPO and other organizations played some part in the evidence regarding the extermination of the Jews. Where it could be shown that the GESTAPO deliberately prevented information from reaching any large number of members of the population this was considered relevant. A mere statement, however, by a witness who asked the GESTAPO for information as to whether the atrocities alleged in Auschwitz were actually occurring and received a negative answer, was declared inadmissible. There appeared to be no evidence that this information was passed on to the public as a whole, nor in this particular case, did it appear to relate to the organization (the SS) for which he had sworn an affidavit. For the same reason evidence by a witness that his own brother had been an inmate of Belsen concentration camp and told him that there were no atrocities going on, was declared irrelevant to the question of whether the atrocities were generally known to the SS Similarly, evidence was also declared irrelevant which relates only to the guilt or innocence of a particular person. The summary of evidence which follows will perhaps serve to illustrate further problems concerning the Order of March 13th that have arisen during the hearings. NOTE BY THE COMMISSIONER: The report on the evidence heard on Commission which follows has been compiled from the official transcripts and from summaries made of the testimony of individual witnesses. It is primarily intended to be an account of evidence given for the Defense. It does not purport to be more than an attempt to set down the main points which it would appear that the Defense wish to establish. 11 Col. Neave Rep. Matters raised by the Prosecution in cross-examination have also been included to give as full as possible an account of the hearings, but only in so far as some clear contradiction or admission is shown. It has already been announced by the Tribunal that these summaries have no value as evidence and do not form any part of the record. Since the
also been included to give as full as possible an account of the hearings, but only in so far as some clear contradiction or admission is shown. It has already been announced by the Tribunal that these summaries have no value as evidence and do not form any part of the record. Since the numerous affidavits submitted have been summarized on Commission, it is not intended to write a separate report on their contents. The evidence contained in them is not, therefore, dealt with in this summary. A. M. S. NEAVE Lt. Colonel, A.A.G. THE CORPS OF POLITICAL LEADERS The following witnesses gave evidence on Commission for the CORPS OF POLITICAL LEADERS: FOR THE GAULEITERS: KARL WAHL Gauleiter in Schwaben (Bavaria) 1928-1945 KARL OTTO KURT KAUFFMANN Gauleiter of Hamburg 1928-1945 ALBERT HOFFMANN Gauleiter of Southern Westphalia 1943-1945 FOR THE KREISLEITERS: EDUARD KUEHL Kreisleiter in Hanover 1943-1945 EWALD SCHLEICKER Kreisleiter in Coblentz 1937-1945 EDWARD WILLY MEYER WENDEBORN Kreisleiter in Kloppenburg 1934-1945 FOR THE ORTSGRUPPENLEITERS: HANS WEGSCHEIDER Ortsgruppenleiter in Allgau 1933-1945 12 Col. Neave Rep. FOR THE BLOCK AND ZELLEN LEITERS: ERNST HIRT Blockleiter in Nurnberg 1942-1945 RUDOLF KUEHN Blockleiter in Berlin 1935-1945 HANS SCHNEIDER Zellenleiter in Augsburg 1936-1942 PAUL WOLF Zellenleiter in Saarbruecken 1941-1945 A second group of witnesses was drawn from the officials of the Gau and Kreis Staffs and of organizations affiliated to the NSDAP: BRUNO BIEDERMANN Gaupersonalamtsleiter (personnel) ELSE PAUL Reichsfrauenschaft (women) ERNA WESTERNACHER Frauenschaftsleiterin (women) ANTON SCHUELLER NSV (Welfare) JOHANN MOHR Agrarpolitisches Amt (Agriculture) PAUL KOPPE Office of "Community Policy" (Local Government Affairs) THEO HUPFAUER DAF (German labor front) KARL ENGELBERT Kreiswirtschaftsberater (Kreis economic adviser) PROFESSOR FRANZ KARL CHUDOBA Student Organizations GRAF VON ROEDERN Auslandsorganisation (Foreign Organization of the Party) RICHARD MUELLER Central Administration of the Party (The Treasury) The total number of witnesses heard, therefore was 21. From examination of the transcripts of the evidence, it would appear that the Defense are seeking to establish: 1. That the POLITICAL LEADERS and their staffs were not as a group involved in a
Party) RICHARD MUELLER Central Administration of the Party (The Treasury) The total number of witnesses heard, therefore was 21. From examination of the transcripts of the evidence, it would appear that the Defense are seeking to establish: 1. That the POLITICAL LEADERS and their staffs were not as a group involved in a conspiracy to commit crimes under the Charter. 2. That the main responsibility for political and party affairs lay with the Gauleiters and Kreisleiters who received their directives from the Central Party Organization through HITLER, HESS, BORMANN or the Reichsleiter in the Central Party Organization. 13 Col. Neave Rep. 3. That the political responsibility of the Ortsgruppenleiter was unimportant. 4. That the Block and Zellen Leiters only performed social and welfare duties. They had no real political responsibility. 5. That the official description of the Block and Zellen Leiters as "Hoheitstraeger" is a misnomer. They had none of the privileges or responsibilities of this title. They did not act as spies or informers on the population. 6. That there was no direct link with the SS, SA or GESTAPO except an unofficial liaison on the Gau level. 7. That none of the categories of POLITICAL LEADERS were responsible for ill treatment of foreign workers or Jews in their districts. They were not concerned with and never entered concentration camps. They were forbidden to involve themselves in Church questions. 8. That the POLITICAL LEADERS played no part in the Jewish pogrom of November, 1938. 9. That the Staffs of the Gauleiters and Kreisleiters had no political functions. They were only concerned with administration, welfare or technical matters. 10. That the Labor Front Women's Organizations and student groups were non-political. 11. That the Foreign Organization (Auslandsorganization) of the Party was not an espionage service. It will be convenient to describe first: the organization and duties of the various political leaders, their staffs and the labor and welfare organizations attached to them. In the second part of this Summary is described the defense of the POLITICAL LEADERS against the charges of the Prosecution that they committed crimes specified in Article 6 of the Charter. Part III refers to
duties of the various political leaders, their staffs and the labor and welfare organizations attached to them. In the second part of this Summary is described the defense of the POLITICAL LEADERS against the charges of the Prosecution that they committed crimes specified in Article 6 of the Charter. Part III refers to knowledge and Part IV to conditions of membership and the holding of office. ORGANIZATION AND DUTIES OF THE POLITICAL LEADERS AND THEIR STAFFS AND OF AFFILIATED ORGANIZATIONS Organization Book of the Party (Document PS-893) All the witnesses from Gauleiter down to Blockleiter gave evidence on the Organization Book of the Party. They said that this was a "theoretical" document which inaccurately described the 14 Col. Neave Rep. structure of the Party. Gauleiter WAHL said that nobody in the Reich ever read the book. Its large circulation could be attributed only to the fact that everyone down to Ortsgruppenleiter was compelled to buy it. It was known as the "organizational nonsense of Dr. LEY". Even HITLER himself appeared to disapprove of it. According to HIRT neither Block nor Zellen Leiters were familiar with its contents. The Defense are here presumably trying to show that in relying on the Organization Book of the Party, the Prosecution have drawn an incorrect inference as to the structure and functions of the POLITICAL LEADERS. BIEDERMANN, representing the Gauleiters Staff, said that the Organization Book of the Party could not be considered as a directive to Party Leaders in a comparable sense with an Army field instruction book. He knew of no one who actually studied it and used it in their work. MEYER-WENDEBORN, Kreisleiter, explained that the regulations prescribed were followed in a general sense but it was impossible to require local POLITICAL LEADERS to adhere strictly to this manual. He regarded the book as a general basis on which political work should be carried out but did not believe it had any official significance beyond this. Definition of "Hoheitstraeger" The term "Hoheitstraeger" or "bearer of Sovereignty" signifies a POLITICAL LEADER who held a position of special responsibility in the carrying out of the party programme. It was an invention of Dr. LEY.
believe it had any official significance beyond this. Definition of "Hoheitstraeger" The term "Hoheitstraeger" or "bearer of Sovereignty" signifies a POLITICAL LEADER who held a position of special responsibility in the carrying out of the party programme. It was an invention of Dr. LEY. Gauleiter WAHL alleged that the POLITICAL LEADERS refused to use the term. They never felt that they were "Sovereigns" but only "humble servants of the population." Although the Organization Book includes Blockleiters and Zellenleiters as "Hoheitstraeger", in practice only the Gau, Kreis and Ortsgruppen Leiters belonged to this category. For the witness SCHNEIDER, a Zellenleiter, it was & title without meaning and conferred no special privileges on the recipient. There was a publication known as "Der Hoheitstraeger". This ,vas not distributed below the rank of Ortsgruppenleiter. (For further reference to the claim that the Block and Zellen Leiters were not in reality "Hoheitstraeger", see the description of their functions below). 15 Col. Neave Rep. I. THE GAULEITER The Gauleiters were the principal provincial representatives of the Party, who were subordinate to the Central Party Organization and the Reichsleiters. There were 42 Gaus in Germany. The Prosecution's contention that the total number of Hoheitstraeger including Blockleiters and Zellenleiters was about 600,000 appeared too small to the witness WAHL. He thought that the increase in POLITICAL LEADERS between 1930 and 1945 was probably greater than this. He estimated that in his Gau there were about 12,000 to 25,000 POLITICAL LEADERS. (If his Gau is to be taken as average in size, the total number would therefore be about 650,000). Gauleiter KAUFFMANN declared that a well organized and disciplined party organization was necessary to insure freedom of activity, particularly in the sphere of propaganda. This was because the party originated at a time when there was violent and even armed opposition to its programme. The control of Party affairs consisted in meetings with Kreis and Ortsgruppenleiters, oral instructions and circulars issued by HITLER and the Reich leaders. It was the function of the Gauleiter to interpret these directives and to issue them to lower formations.
and even armed opposition to its programme. The control of Party affairs consisted in meetings with Kreis and Ortsgruppenleiters, oral instructions and circulars issued by HITLER and the Reich leaders. It was the function of the Gauleiter to interpret these directives and to issue them to lower formations. The Kreisleiter had a certain discretion in the interpretation of orders but the Ortsgruppenleiters were given definite instructions. The Block and Zellen Leiters were merely executive subordinates of the Ortsgruppenleiters. The meetings of the Reichsleiters, Gauleiters and Kreisleiters were at first open discussions known as "Tagung". During the last ten years, however, these discussions were less free and gradually developed into meetings at which orders and directives were issued. They were not secret and were attended by the Press. The subjects discussed varied, but matters mentioned in the Indictment, such as plans for aggressive war, were never referred to. WAHL said that HITLER'S decrees by which no one had a right to know more about policy than was necessary for the execution of the orders which he received was literally carried out. Gauleiters in War Time During the war a number of Gauleiters; also held the position of Reichs Defense Commissioner. Gauleiter HOFFMANN who was Gauleiter and Reichs Commissioner for Defense in Southern Westphalia, states that these two functions were separate. Thus in his Gau, he tried to ensure that the work of the Kreisleiter and Ortsgruppenleiter did not conflict with that of the municipal officials 16 Col. Neave Rep. concerned with defense and air raid precautions. As Reichs Commissioner he was in charge of all air raid precautions and was even permitted to decorate persons who had shown gallantry during air raids. Office of the Deputy of the Fuehrer This Gauleiter had previously been an official on the staff of the Deputy of the Fuehrer HESS. He denied that while holding this position he learned anything concerning the planning of outrages against the Jews in 1938. Had this been done by the Higher Political Leaders he would certainly have known. II. THE KREISLEITERS The Kreisleiters were next in rank to the Gauleiter and as already described, they had some discretion with regard to orders received from the Deputy
the planning of outrages against the Jews in 1938. Had this been done by the Higher Political Leaders he would certainly have known. II. THE KREISLEITERS The Kreisleiters were next in rank to the Gauleiter and as already described, they had some discretion with regard to orders received from the Deputy of the Fuehrer or the Reichsleiter. They had weekly discussions with members of their staff and with the local administration. Every four to six weeks they had discussions with the Mayor and Ortsgruppenleiter. At these meetings officials from the Welfare Organization, German Labor Front and Propaganda Department, together with other local officials, were present. The meetings were open to the public. The witness KUEHL attended a large number of meetings of Kreisleiters and Ortsgruppenleiters in the Hanover District from 1939 onwards. He declared that none of the meetings were secret and that no matters relating to crimes mentioned in Article 6 of the Charter were discussed there. It appears that important business of the district was transacted through orders or directives sent to the Kreis authorities in written form. In general, written instructions never went lower than Ortsgruppenleiter. Instructions to officials below that rank were delivered orally, sometimes by means of public meetings. Subordinate Offices in the Kreis MEYER-WENDEBORN said that he and other Kreisleiters met every six or eight weeks to exchange information. He described three types of subordinate offices within the Party organization. These were firstly "leadership office' which were composed of Departments for administration, propaganda, personnel and training. Secondly, there were personnel offices which included the DAF (labor front), peasants' department, civil servants department, education office, the NS Frauenschaft (women) and legal branches. 17 Col. Neave Rep. Thirdly there were the welfare offices; the NSV or national welfare organization, the NSKOV, which was the veterans' organization, the public health office, municipal departments, industrial and technical sections. The chiefs of these offices were not responsible for the political training of the people. They did, however, take part in the Gau, Kreis and Ortsgruppen Leiter conferences. Their functions are
NSKOV, which was the veterans' organization, the public health office, municipal departments, industrial and technical sections. The chiefs of these offices were not responsible for the political training of the people. They did, however, take part in the Gau, Kreis and Ortsgruppen Leiter conferences. Their functions are further described below (See second part of this). Kreisleiter SCHLEICKER said that the office for local government affairs was known as "the office for community policy". He included also in the Gau and Kreis staffs the Volkstum office for racial policy and a Press section. There were in practice two spheres within which these offices attached to the Kreis carried out their duties. Those who carried out the most important functions, such as finance, propaganda and training, formed the inner department of the Kreis staff, the remainder formed an "outer circle". The structure of the offices at Gau and Kreis levels was exactly the same. III. THE ORTSGRUPPENLEITER In the district supervised by HANS WEGSCHEIDER the organization of the Ortsgruppenleiter staff consisted of a Kassenleiter (treasurer), an organization leiter, a training leiter, two Zellenleiters: and 8 Blockleiters. The Ortsgruppenleiter relied on the Zellen and Block Leiters to collect subscriptions and to distribute party directives. The Zellenleiters: were responsible for delivering instructions to the Blockleiters. The Ortsgruppenleiter kept files recording subscriptions to the party funds but in the witness' district there were no files on the political views of individuals. The Ortsgruppenleiter had no authority in police matters and could not call upon the SS or the SA for any purpose. Public Meetings and Conferences in the Ort The witness held three large meetings of a communal nature between 1933 and 1939. There were other meetings ordered by the Kreisleiter. These meetings were usually held in the spring and autumn of the year and were open to the public. Gau and Kreis representatives lectured on the principles of National Socialism and discussed agricultural problems. The Ortsgruppenleiter held meetings with his subordinate leaders about every six months. The witness' 'district was largely agricultural and the object of these meetings was to, ascertain