dtufail/nuremberg-trials-corpus huggingface dataset:
THE PRESIDENT: Then in the middle of 1944, he suddenly issued an order to the contrary. As the highest legal authority, he ordered that the proceedings against Koch should mark the end of all judicial investigations in concentration camps. Koch had been sentenced to death and was to be hanged publicly before the assembled detainees. Pohl was to direct the execution personally and was to address the attending guards with appropriate words. The other perpetrators were to report their crimes voluntarily and in the event of such a voluntary report, he, Himmler, might possibly pardon or reprieve them. Any one who failed to report his crimes could only expect the court's sentence of death. The chief of the head office "SS Courts" protested against this order from Himmler. He did not, however, obtain a final decision from Himmler, though Himmler tolerated the future proceedings. The head office "SS Courts" at that time intentionally delayed the completion of the case against Koch so as to have an opportunity of extending the investigating activities to other camps, and that was actually achieved. The investigating commissions of the Reich Criminal Police Department, which had already been withdrawn as a result of Himmler's order, resumed their activities, and from the autumn of 1944 the investigations were continued on a broad basis. Authoritative powers, which were necessary in view of Pohl's lasting resistance, were issued by the special judge of the Reichs-führer, and could not be ignored even by Pohl. HERR PELCKMANN: The details of this dramatic exchange between Pohl, Himmler, and the SS legal authorities are also de-scribed in Dr. Morgen's affidavits Numbers 65 to 67. Did you, Witness, in the course of these investigations, learn of measures or orders from Himmler or Hitler for the biological exter-mination of Jewry? REINECKE: No. We neither saw such orders at any time, nor did we succeed, in the course of our investigations, in getting hold of them or in gaining knowledge of them in any other way. Such monstrous orders we could not imagine.
THE PRESIDENT: Himmler had always shown us only an ideal face: cleanliness, decency, fight against crime at all costs. At the end of 1943, on the occasion of a con-ference, he confirmed these principles to me personally and in detail. That a system of mass extermination should exist was an idea which, under the circumstances, no one could possibly imagine. We found horrifying conditions in the concentration camps, and we learned many things which shocked us, but that idea was never in our minds. Names like Hoess and Eichmann did come up during our investigations and proceedings were, in fact, instituted against both, but at the end of the war they were still in their initial stages. Hoess and Eichmann were to us merely names like Brown or Jones. No one could possibly guess that behind these men the henchmen of a dreadful system of extermination were hiding. Even when, at the end of 1944 and the beginning of 1945, we came near to establishing the actual cause of the crimes committed in concen-tration camps, namely, that crimes were being carried out by order, this line of defense of Pohl, Miller, and Grawitz still appeared incredible, because if there really had been orders from above carried out by these three persons, then it should have been easy for them to go to Himmler and to demand the exclusion of the legal authorities from these matters. And so we ourselves, in spite of these painstaking efforts of the investigations, had no clear judicial evidence that mass extermina-tions; on a large scale-not to mention the biological extermination of Jewry-had been carried out, and we continued, as before, to investigate the crimes from the point of view that they were indi-vidual crimes, although they had been carried out to an alarming extent and in alarmingly large numbers. HERR PELCKMANN: There exists a pamphlet called SS in Dachau, issued by the American CIC, by a Colonel Quinn. Unfor-tunately I cannot submit it to the Tribunal at this time, because I had to return it. But it is in the library and is generally known.
THE PRESIDENT: It contains testimony given by an anonymous inmate and signed ... THE PRESIDENT: You should have taken a copy of the docu-ment. You cannot testify or tell us what the document is if you cannot produce it. The fact that it had to go back to the library is no reason why you don't have it. There would have been no objection to your bringing a copy of it. HERR PELCICAANN: May I try to bring a copy after the recess, Mr. President? THE PRESIDENT: Yes, if you would like to. HERR PELCKMANN: It contains a statement by an anonymous ... THE PRESIDENT: Well, we do not want to know what it con-tains. We do not accept from you what it contains. HERR PELCKMANN: In that case, I shall postpone this question. Witness, evidence has been submitted to this Tribunal that in the gas chambers at Auschwitz and other places, millions of Jews were murdered. You, however, discovered in your investigations that individual persons and a small circle of persons committed the crimes which you described. Is it possible, as far as you know, that this comparatively small circle of persons is also responsible for the extermination of these millions? REINECKE: Investigations of the head office "SS Courts," particularly the final stages of the investigations just before the end of the war, show that individual persons and a small circle of -persons are also exclusively responsible for these things. Other-wise, these outrageous things could not possibly have escaped the attention of the legal authorities for so long. HERR PELCKMANN: Did you, in your conversations with Dr. Morgen, gather any further information which might support this assertion? REINECKE: Dr. Morgen was a judge before me, who during all the years was attached to the Reich Criminal Police Department in order to carry out investigations in the concentration camps from there. Dr. Morgen has extensive knowledge. I know today that he himself talked with those responsible for these mass exterminations, and he gained a clear insight into all these matters.
THE PRESIDENT: He can prove ,that the origin of the extermination of the Jews is not to be found in the SS but in the Chancellery of the Führer. THE PRESIDENT: Dr. Pelckmann, I understood from you that you put-that you were putting in two affidavits from Dr. Morgen, is that right? HERR PELCKMANN: Three, Mr. President. THE PRESIDENT: Well, three-five, if you like; but this witness cannot tell us what Dr. Morgen says. Dr. Morgen must speak for himself from his affidavits. HERR PELCKMANN: In that case, perhaps I may return to this when I submit the affidavits. [Turning to the witness.] It is alleged by the Prosecution that these acts could not have been deeds of individuals, but that the logical application of the Party Program regarding the Jewish ques-tion had to lead to these crimes at Auschwitz. What can you say to that from your own knowledge and experience of the fight against these crimes? REINECKE: I have already said that Himmler always showed the SS only his ideal face, and these ideals were considered by the SS as the expression of the Party Program. Hitler's order for the biological extermination of Jewry, as I know it today, is an absolute ... THE PRESIDENT: He said that over and over again about Himmler showing his ideal face to the SS. He said it before, you know. He should not have to say it more than once. HERR PELCKMANN: May I ask him, Mr. President, what his attitude is on the allegation of the Prosecution that the extermina-tion of Jews in Auschwitz was considered by members of the SS as a logical outcome of the principles which the SS had learned? THE PRESIDENT: How can he give evidence about that? He can tell us what he saw and what he did. He hasn't told us yet whether he has ever been in the concentration camps. HERR PELCKMANN: Witness, did you know anything about the activity of the Einsatzgruppen and Einsatzkommandos of the Security Police and the SD in the East, as they have been mentioned here in this Trial? REINECKE: I knew nothing about them.
THE PRESIDENT: I only knew that the Security Police was stationed in the operational zone in the East, where it was carrying out security measures, and I believed that this was the task of the Security Police in that area. The legal authorities never knew of any other orders in that connection, and it was only here that we heard of these things for the first time. HERR PELCKMAN14: Was it possible for members of the Waffen-SS to leave the Waffen-SS if they did not agree with the tasks which they were given or the orders which were issued? REINECKE: A possibility of this sort did not exist at all. Service in the Waffen-SS was military service, legally established and legally recognized. Even members of the Waffen-SS who had joined as volunteers were later subject to general conscription and bound by compulsory military service. It was therefore possible to leave the Waffen-SS only by means of desertion, and then the deserter would have had to expect the full consequences of the law. HERR PELCKMANN: It is stated by the Prosecution that the criminal activities of- the SS were so extensive and applied to so many cases of illegal acts that their illegality could not have remained hidden from the members of the SS. Is that correct? REINECKE: The SS was not a single unit. I have already de-scribed the various organizations of the SS, and the individual mem-ber of the SS had no insight into the various organizations. He saw his General SS and his Waffen-SS, in which such crimes were not committed, and so he could never hold the belief that he belonged to a criminal organization. He could actually not have any idea of the crimes which were established here. HERR PELCKMANN: Your Lordship, finally may I be allowed to put one question to the witness arising from the fact that together with a staff of assistants he was occupied with the compiling of affidavits. If the High Tribunal desires to hear how these affidavits were obtained and compiled, then this witness can give information about it. THE PRESIDENT: Yes, very well. You may ask him.
THE PRESIDENT: HERR PELCKMANN: 136,213 affidavits were compiled and entered on printed forms in various files, together with a survey of the various fields dealt with and a numerical classification of the affidavits in the individual groups of subjects. Witness, who com-piled these affidavits? REINECKE: They were evaluated and compiled under my direction by 15 SS internees who were judges. Some 170,000 of the statements sent in were evaluated. Of these, 136,213 affidavits and applications to appear as a witness were compiled to form a collec-tion of documents. The rest are only requests for a hearing, et cetera. Those 136,000 statements in the collection were classified according to the various subjects, and they form part of the defense case of the SS. HERR PELCKMANN: Where did you obtain this considerable number of affidavits? REINECKE: Mostly from camps in the American and British Zones; to a smaller extent from the French Zone; none at all from the Russian Zone and from Austria. HERR PELCKMANN: What procedure did you adopt in evalu-ating and compiling these affidavits? REINECKE: I have just explained that in outline. HERR PELCKMANN: Yes, we do not need details. Thank you. Did the selection ... THE PRESIDENT: Dr. Pelckmann, what I understood the wit-ness to say was that there were 170,000 statements utilized, and somehow, from these 170,000 statements, 136,000 affidavits were obtained. Well, how were they obtained? The Tribunal would like to know. Before whom were they sworn? HERR ~ PELCKMANN: The witness will be able to explain that, Mr. President. REINECKE: These 170,000 affidavits were sworn by interned members of the SS. Of this total figure of 170,000 these 136,213 affidavits were, in fact, utilized by my colleagues. The remaining affidavits were not used, because they were either irrelevant or submitted inaccurately or too late. THE PRESIDENT: You mean the whole 170,000 were sworn affidavits? HERR PELCKMANN: Sworn before whom, Witness? REINECKE: Part of these 170,000 affidavits were not sworn. The 136,000 affidavits, however, were all sworn.
THE PRESIDENT: We knew the decision of the High Tribunal that an affidavit sworn before a German lawyer would only be valid if it had been sworn before May of this year, and that after May of this year affidavits would have to be sworn before an Allied officer. That, however, was not done in all the camps. After May 1946 some affidavits were still sworn before lawyers and courts and in accordance with the decision of, the High Tribunal those had to be discarded as invalid. For that reason, only 136,000 affidavits remained. HERR PELCKMANN: Were the affidavits selected and evaluated with a view that only affidavits favorable to the defense of the SS should be considered? REINECKE: No, all affidavits were fully considered. HERR PELCKMANN: How is it that on some subjects many thousands of statements are available, whereas on others only a few affidavits are contained in the list? REINECKE: From the mass of the affidavits submitted, it is evident that the bulk of the SS members did not understand the Indictment. They cannot imagine, for example, that they were active in a conspiracy; they cannot imagine that they were preparing a war of aggression. For that reason, members of the SS testified only on such subjects which appeared to them typical of their work in the SS, the combat soldier on his experiences at the front, and the member of the General SS on the nature of his work in the years from 1933 to 1939. HERR PELCKMANN: To give an example-the Tribunal will be able to see it later from the affidavits-under IV, Numbers 1 to 9, here the question is raised: "Was ill-treatment in concentration camps forbidden?" Now, if there are only two statements on this point, does that mean that only two out of hundreds of thousands of members of the SS can confirm this prohibition, while all others- and this would be important-know the opposite to be true? REINECKE: No, that is just what it does not mean.
THE PRESIDENT: It does mean that the members of the SS who were questioned could not make a statement on that point at all, because they did not know anything about it; they could give an answer neither in a negative nor in a positive sense, and for that reason they passed it without making any statement at all. HERR PELCKMANN: Do you think, judging by your knowledge of the various branches of the SS and their activities and of the attitude of the bulk of the SS men, that these 136,000 or so affidavits represent the average knowledge of the bulk of the SS men, even though the entire strength of the SS was, of course, considerably more than 136,000? REINECKE: One must bear in mind that most of the men and junior officers who represent the bulk had already been released at. the time when the affidavits were deposed. It must also be con-sidered that in many camps a great many technical difficulties existed and inquiries were not made everywhere on uniform lines. In addition, statements of opinion from the Russian Zone and from Austria are missing altogether. In spite of these considerable defi-ciencies, I believe that I can say on the strength of my own knowl-edge of the typical activities of the SS that the whole picture which these affidavits present can be considered as typical of the SS. HERR PELCKMANN: Your Lordship, I have no further ques-tions to put to this witness. THE PRESIDENT: The Tribunal will adjourn. [A recess was taken.] DR.LATERNSER: Mr. President, may I ask for permission to put a question to the witness in order to clear up one point which came up during this examination? It will take about three minutes. THE PRESIDENT: What is the point, Dr. Laternser? DR. LATERNSER: I should like to ask the witness about a point which came up during the direct examination by the defendant's counsel for the SS and which concerns the guarding of concentration camps. THE PRESIDENT: How does that affect the High Command? DR. LATERNSER: There could be a connection through the higher official channels, a connection which might possibly in-criminate the accused organization.
THE PRESIDENT: THE PRESIDENT: No, Dr. Laternser, the Tribunal reject your application. Does the Prosecution wish to cross-examine? MAJOR JONES: Witness, you were an SS man from 1933 on, were you not? REINECKE: Yes. MAJOR JONES: And during most of that time you were con-nected with the SS legal &tem? REINECKE: Yes. MAJOR JONES: Would a serious view have been taken in the Waffen-SS or the German Army about the murder of Jews by SS men? REINECKE: I did not understand the question. MAJOR JONES: I will repeat it. Would a serious view have been taken in the Waffen-SS or the German Army about the murder of Jews by SS men? REINECKE: If the extermination of the Jews on Hitler's orders had been known in the SS, or as you say, in the Wehrmacht, I am certain that there would have been concern. MAJOR JONES: If an SS man had murdered 50 Jews, would that have resulted in a death penalty being inflicted on him? REINECKE: I cannot answer this question in simple words, because it touches on a basic problem. MAJOR JONES: I want you to look at the document dated September 1939, which shows the tolerance of murder in the SS by the highest judicial authorities and the German Army. It is Document D-421, which will be Exhibit GB-567. The first page of the memorandum: "The Chief of the Army Judiciary announces by telephone. The Field Court Martial of the Kempf Armored Division has sentenced an SS man of an SS artillery regiment to 3 years' imprisonment, and a military police sergeant major to 9 years' penal servitude for manslaughter. After about 50 Jews, who had been used during the day to repair a bridge, had finished their work in the evening, these two men drove them all into a synagogue and shot them all without any reason. The sentence is submitted to the Commander of the 3rd Army for confirmation. The proposal of the representative of the prosecution is capital punishment for murder." Then there follow initials.
THE PRESIDENT: Then there is a marginal note: "General Halder requests information on the decision of the Com-mander of the 3rd Army." Then purple pencil notes: "To the Adjutant of the Commander of Army III." And on the next page you will see the course of this history: "Telegram ... to the Oberstkriegsgerichtsrat (military judge of the fourth rank) attached to the Quartermaster General in Berlin .... SS Sturmmann Ernst is granted extenuating cir-cumstances because he was induced to participate in the shooting by a corporal handing him a rifle. He was in a state of exasperation owing to numerous atrocities committed by Poles against persons of German race. As an SS man, he felt at the sight of the Jews the anti-German attitude of Jewry very deeply and therefore acted rashly as a hot-blooded youth. An excellent soldier not punished before." And that is signed by Oberkriegsgerichtsrat (military judge of the third rank) Lipski. And then there are purple pencil notes on the document: "To the Adjutant of the Commander-in-Chief of Army III," and a lead pencil note: "Telephone call from Oberkriegsgerichtsrat Dr. Satt-mann to the effect that so far as has been ascertained the Chief of the Army High Conunand will not confirm either sentence." Then added, in lead pencil- "The sentences have been dropped under the amnesty. Punishment was announced before the amnesty. Nine years penal servitude for the police sergeant major changed to 3 years' imprisonment. Three years' imprisonment for SS man, unchanged. Confirmed by Army headquarters." Now, that was a clear countenancing of mass murder by the judicial authorities of the German Army, was it not? REINECKE: In my opinion this document represents, in the second part where it gives an explanation for the mild sentences on the two SS men, a personal opinion of Kriegsgerichtsrat Lipski, who as the presiding judge passed the sentences. Therefore, since I do not know other details of the case, I am not in a position to say whether the reasons which the presiding judge gives deviate from the facts or not.
THE PRESIDENT: MAJOR JONES: But just for a moment: Do you appreciate that for the murder of 50 Jews-and if the facts as reported in this German document are true it could have been nothing but murder -there was, first of all, a finding of manslaughter? You as a lawyer will appreciate what I am implying. And secondly that this Army judge passed a sentence of 3 years' penal servitude for the murder of 50? He was one of your legal colleagues of the Army and I suggest to you that this is typical of the attitude of you-particularly the SS' and the Army's judicial authorities, to the murder of what you pleased to call subhumans. REINECKE: May I say the following: A question of law as to whether the verdict is based on manslaughter or on murder is undoubtedly at issue here. The actual grounds which caused the judge to convict the men of manslaughter instead of murder are not indicated in the document. For that reason I cannot take a stand on the question put to me. MAJOR JONES: But, you know, it is indicated perfectly clearly. The reason why it was reduced to manslaughter was that this man Ernst, being an SS man, was particularly sensitive at the sight of Jews, and therefore it was just a youthful adventure, that is the that was operating in the judge's mind. You know it is perfectly clear. You ... REINECKE: I should like to say that as the document states, the prosecution in this case obviously asked for a verdict of murder and for the death sentence. The presiding judge did not, in his verdict, convict the men of murder but of manslaughter. According to the German penal law, the difference between manslaughter and murder is that murder is an action carried out after previous deliberation with the aim of killing a person, while manslaughter is an act of impulse, resulting in the death of a person. The judge, after con-sidering the circumstances described here, based his verdict on this latter legal qualification. MAJOR JONES: Witness, I am obliged to you for your disserta-tion on the difference between manslaughter and murder. I think the Tribunal is familiar with it.
THE PRESIDENT: But, at any rate, the end of this story was that the Army commander-in-chief crossed the whole thing? REINECKE: That is correct. MAJOR JONES: The sentences were dropped under the amnesty That is the end of this suit of murder by the Army judicial authorities-amnesty and pardoning of the whole thing. I want you now to turn to, another document so the Tribunal can judge how zealous the German authorities were in the pursuit of the SS crimes. It is Document D-926, to be Exhibit GB-568. This comes from an earlier period, not from the days when the Poles or the others who you said were responsible were operating. These were the pioneer days of the SS, 1933, when you joined them. 'this is a file relating to the deaths of prisoners in protective custody at the concentration camp of Dachau. It starts with a letter dated 2 June 1933, from the provincial court public prosecutor to the State Ministry of Justice. It is headed: "Deaths of prisoners in protective custody at the concentration camp of Dachau." It relates to the Schloss, Hausmann, Strauss, and Netzger cases: "In accordance with my instructions, I had a lengthy discus-sion on 1 June 1933, with Police Commander Himmler in his office at the Police headquarters, Munich, about the incidents at the concentration camp of Dachau, which I have already reported to the Ministry of Justice separately. I particularly reported to him briefly, by showing the photographs from the investigation files, about the Schloss, Hausmann, Strauss, and Netzger cases, of which he appeared to have been informed already.