dtufail/nuremberg-trials-corpus huggingface dataset:
only a technical term to distinguish the SS legal principles from the civil code. The SS courts-martial took under their jurisdiction the, WAFFEN-SS, the SD and all auxiliary formations except the ALLGEMEINE SS which remained under the civil code. There were about 75 SS courts which eventually came to be known as SS and police courts. The judges of the courts were independent and bound by the civil law but they had no jurisdiction over civilians. In addition to the application of the general principles of the civil code by the SS and the Police courts they also administered certain SS "basic laws". These were in practice commands by HITLER proclaimed with the object of insuring the ethical standards of the SS on such matters as property and religion. There was no practical distinction between the SS and the Wehrmacht courts. Reference was made to HITLER'S order that soldiers who had committed offenses against the population in occupied territories need not be punished. REINECKE explained that this order was liable to misunderstanding. It did not mean that the offenders were never to be punished but merely that it was at the discretion of the judge. He said that Bach-Zelewski's evidence concerning this order was a deliberate falsehood. The jurisdiction of the SS courts extended to the RSHA, to the Security Police and SD. In practice, however, HEYDRICH succeeded in getting HIMMLER to approve that any disciplinary measures concerning the RSHA should be carried out by that organization. As a result the SS and police courts were prevented from having any knowledge of crimes committed within the RSHA itself (For investigations carried out by the SS and police courts in concentration camps and the punishment of offenders there, see paragraph on concentration camps, Part Two). 82 Col. Neave Rep. VI. THE WAFFEN-SS The origins of the WAFFEN-SS have already been described. In 1940 the WAFFEN-SS comprised 100,000 men, 56,000 coming from the VERFUEGUNGSTRUPPE and the rest from the ALLGEMEINE SS and TOTENKOPFVERBAENDE. Before the actual creation of the WAFFEN-SS, 18,000 members of the VERFUEGUNGSTRUPPE had been formed into a division by the witness JUETTNER. All witnesses for the WAFFEN-SS emphasized that it was formed with the intention of creating an SS
and the rest from the ALLGEMEINE SS and TOTENKOPFVERBAENDE. Before the actual creation of the WAFFEN-SS, 18,000 members of the VERFUEGUNGSTRUPPE had been formed into a division by the witness JUETTNER. All witnesses for the WAFFEN-SS emphasized that it was formed with the intention of creating an SS unit on Army lines. 1. Statistics of Recruiting of the WAFFEN-SS Recruiting for the WAFFEN-SS seems to have proceeded fairly rapidly after 1940. The witness BRILL gave the following figures on recruitment: 1940, 50,,000; 1941, 70,000; (conscripts negligible); 1942, 110,000 (80,000 volunteers); 1943, 210,000 (110,000 volunteers); 1944, 370,000 (160,000 volunteers). The figures were completed by the witness BLUME who said that between 1944 and 1945 125,000 Germans were drafted into the SS out of a total of 580,000 men. The estimated total figures of the WAFFEN-SS were as follows: 1940 - 100,000 1941 - 150,000 1942 - 200,000 to 250,000 1943 - 350,000 to 400,000 1944 - 550,000 1945 - 580,000 (These latter figures should not, of course, be confused with the recruiting figures.) Cross-examined by the Prosecution, BRILL was asked whether it was not true to say that until the autumn of 1939 all members of any branch of the SS were volunteers. He agreed that it was not until after the beginning of the war that any drafting began. After some confusion had been created concerning 36,000 men of the ALLGEMEINE SS who were drafted to the WAFFEN-SS in 1940 it was admitted that these men were originally volunteers for the ALLGEMEINE SS. THE WAFFEN-SS in 1940, therefore, consisted of people who had originally volunteered for either the VERFUEGUNGSTRUPPE, the TOTENKOPFVERBAENDE or the ALLGEMEINE SS. Subsequently 83 Col. Neave Rep. members of the ALLGEMEINE SS were only very rarely drafted into the WAFFEN-SS. From 1942 onwards it appears that drafting into the WAFFEN-SS became more frequent. The Leibstandarte Adolf Hitler, for instance, in 1943 had 2,000 conscripts. Asked by the Prosecution concerning the total figure of killed and missing in the WAFFEN-SS up till 1944, he gave this as 200,000. The total wounded, i.e. those declared unfit for active service, amounted to 120,000. He said that the total figures given above do not include the 200,000
in 1943 had 2,000 conscripts. Asked by the Prosecution concerning the total figure of killed and missing in the WAFFEN-SS up till 1944, he gave this as 200,000. The total wounded, i.e. those declared unfit for active service, amounted to 120,000. He said that the total figures given above do not include the 200,000 killed and missing but might possibly include 120,000 wounded. Discussing figures for the period 1944 to 1945 BLUME said that the total estimated casualties of the WAFFEN-SS during the war were between 300,000 and 350,000. The total membership for 1944/45 that he gave did not include these casualties. 2. Statistics of Personnel of the WAFFEN-SS Units. Inclusion of Foreigners and Racial Germans The WAFFEN-SS of 1944-1945 bore no resemblance to the original unit of 1940. From 1941 onwards various German nationals from other countries, especially the Balkans, were recruited. The majority of these seemed to be volunteers. As a result, in December 1944 out of a total of 580,000 men, 160,000 were foreigners (germanics), 160,OOO were Volksdeutsche or racial Germans and 260,000 were pure-blooded Germans. There were 40 divisions at the end of the war including two foreign units and seven small foreign groups together with a Germanic group. (These figures were given by BLUME). BRILL gave figures which apparently included the casualties of 300,000 referred to by BLUME for the period 1944 to 1943, giving a total of 910,000 men in the WAFFEN-SS in December 1944. He said 410,000 were Germans, 300,000 Volksdeutsche, 150,000 aliens and 50,000 Germanics, from Scandinavia and Holland. Volunteers for the organization could not resign. They usually volunteered with the motive that it was a decent and courageous unit. They received a written drafting order. Doctors and technicians were drafted without regard for their political opinions. This evidence was confirmed by DR. PETER LIEBRICH, a medical officer of the WAFFEN-SS. FELIX SCHIEBLICH, a private soldier in the WAFFEN-SS, said that when the war broke out he was 16 years and 8 months old. 84 Col. Neave Rep, He volunteered for the WAFFEN-SS in October 1942 because he liked the appearance of SS troops and considered them an elite unit. He said his hopes were fulfilled. He could not see any
a private soldier in the WAFFEN-SS, said that when the war broke out he was 16 years and 8 months old. 84 Col. Neave Rep, He volunteered for the WAFFEN-SS in October 1942 because he liked the appearance of SS troops and considered them an elite unit. He said his hopes were fulfilled. He could not see any difference between the conscripts and the volunteers in the WAFFEN-SS. All of them felt content and he confirmed the evidence of BRILL who said that the SS headquarters very rarely received complaints from either volunteers or conscripts. Before 1933 there were complaints from parents whose children had been drafted into the WAFFEN-SS, but after that date boys of 17 years or older could join with the permission of their parents. BRILL said that his office tried to select young and healthy people without reference to their political views. 3. Organization and Command of the WAFFEN-SS The WAFFEN-SS had no supreme command of its own. The so-called Fuehrungshauptamt was an administrative office and to all intents and purposes the members of the newly-formed WAFFEN-SS became, when the war started, soldiers in the Army. HAUSSER who commanded at different times a division, a corps and an Army group, said that during his five and a half years at the front he received orders only from the Supreme Commander of the Army. The WAFFEN-SS was subordinate to HIMMLER only in questions of personnel. Asked whom he considered his direct commander, HIMMLER or HITLER, HAUSSER answered that the Supreme Commander was HITLER. HIMMLER was much criticized for his lack of military knowledge. He tried to instill his own ideology into the WAFFEN-SS but as is natural with a front line unit, the troops paid little attention to the utterances of people in the offices at home. In any case, the WAFFEN-SS commanders "knew what to tell their soldiers". HANS JUETTNER also said that the WAFFEN-SS was under the Commander-in-Chief of the Army and was incorporated into higher formations like any ordinary Wehrmacht unit. It had no independent commands in the field. ULLRICH who commanded the SS Panzer Division Viking gave the same evidence and denied that there was any difference in fighting methods or organization between the WAFFEN-SS and the Army. All officers of the WAFFEN-SS who were called
any ordinary Wehrmacht unit. It had no independent commands in the field. ULLRICH who commanded the SS Panzer Division Viking gave the same evidence and denied that there was any difference in fighting methods or organization between the WAFFEN-SS and the Army. All officers of the WAFFEN-SS who were called before the Commission similarly denied that the WAFFEN-SS was educated with a view to irregular or especially cruel methods of fighting. The training of the WAFFEN-SS was supervised by the Army. 85 Col. Neave Rep. Even HIMMLER had requested "decency in life and in battle". HAUSSER considered that at any rate his commanders carried out this precept. Asked by Counsel whether it was correct to say that after 1943-1944 the methods of fighting according to these principles changed, he said that this may have been due to the growth of the WAFFEN-SS and the increase in the number of foreign volunteers. He testified that the troops had lectures in international law and the principles of the Geneva and Hague Conventions. BRAUSSE, who had been in charge of the legal education of the WAFFEN-SS, said that they were specially trained to prevent crimes and excesses in the field. The basic point of the SS ideology was law and order and consciousness of the necessity for discipline. The witness MOLT who had command of one of the SS training schools gave similar evidence. He said that the goal of the training was the development of people of high moral and physical standards. There was no intention of forming a caste of Herrenvolk but it was hoped to unify countries of Europe for the protection of a united culture against Asiatic influences. The education of the so-called Junker Schools did not advocate brutality. In other respects the purposes of the school were to train good officers from a military point of view. 4. Concentration Camps, Einsatzgruppen and Relations with the SD The Defense alleged that the WAFFEN-SS had no direct relation to the police work of HIMMLER, especially the GESTAPO and concentration camps. As previously stated, HIMMLER deliberately deceived the public by calling the concentration camp guards members of the WAFFEN-SS although they were really only ordinary troops under the SS administration. There was
had no direct relation to the police work of HIMMLER, especially the GESTAPO and concentration camps. As previously stated, HIMMLER deliberately deceived the public by calling the concentration camp guards members of the WAFFEN-SS although they were really only ordinary troops under the SS administration. There was no exchange of personnel between the WAFFEN-SS, GESTAPO, Security Police or SD. BRILL gave figures of guards in concentration camps in 1944. He said they totalled 30,000. At the beginning of the war, 8,000 TOTENKOPFVERBAENDE were transferred to the WAFFEN-SS. In 1941 the Main SS Office began to recruit concentration camp guards from VOLKSDEUTSCHEN. These men had applied for membership in the WAFFEN-SS. Six to seven thousand were, recruited together with members of the German Veterans Association who had volunteered for the WAFFEN-SS but who were too old or infirm for active service. The remaining guards were personnel transferred from the Army and Air Force, and included a 86 Col. Neave Rep. number of aliens who did not understand German. He divided the 1944 figures as follows: 7,000 Volksdeutsche, 10,000 volunteers for the WAFFEN-SS, many of whom were aliens, and 7,000 transferred from the Army and Air Force. There were probably another 6,000 men connected with concentration camps who may have been in some way connected with the SS. This evidence should be considered in the light of HAUSSER'S statement that if it were true that concentration camp guards were technically regarded as members of the WAFFEN-SS, the WAFFEN-SS in the field were not aware of this. With regard to the Einsatzgruppen, HAUSSER, said that he knew like most people that HIMMLER put members of the SD into the ranks of the regular Army to supervise the civilian population. He learned after the war that there were about 600 WAFFEN-SS personnel in the Einsatzgruppen, to the extent perhaps of three or four companies. (See Part Two of this Report under Concentration Camps and Einsatzgruppen.) JUETTNER said that in 1941 he complained to HIMMLER that the WAFFEN-SS were being used by HEYDRICH to carry out executions in Bohemia. These were stopped on HIMMLER'S orders (Document 1972-PS, USA-471). PART TWO SPECIFIC CRIMES WITH WHICH THE SS IS CHARGED 1. Persecution of the Jews
and Einsatzgruppen.) JUETTNER said that in 1941 he complained to HIMMLER that the WAFFEN-SS were being used by HEYDRICH to carry out executions in Bohemia. These were stopped on HIMMLER'S orders (Document 1972-PS, USA-471). PART TWO SPECIFIC CRIMES WITH WHICH THE SS IS CHARGED 1. Persecution of the Jews a) EICHMANN'S Operations Evidence regarding the activities of EICHMANN was given by WISLICENY who had been a member of EICHMANN'S Jewish Committee. According to this witness there was a meeting in 1942 when EICHMANN described the so-called final solution or extermination of the Jews. Using a diagram which had formed the basis of his testimony before the Tribunal on the 3rd of January, 1946, he gave the names of ten officers of the SS, the SD and the GESTAPO who were informed of this order. In cross-examination he admitted that there were a number of other groups involved in the extermination plan. There were, for instance, members of Einsatz groups and those who were employed by EICHMANN to cover up traces of executions, together with various GESTAPO officials. 87 Col. Neave Rep. He contended that the commandos who participated in the final solution were very few in number. Tremendous precautions were taken to keep EICHMANN'S orders secret. No written statements were made. The Theresienstadt camp was allowed to continue in existence in order that members of various international organizations such as the Red Cross could visit it and have the impression that Jews were housed there as in other camps. (See evidence of VON THADDEN below regarding the visits of diplomatic representatives to the camps.) The Jews who were sent to Auschwitz were forced to write postcards which were sent at intervals by the camp authorities to give the impression that the writers were still alive. They were allowed to take 100 pounds of luggage with the object of making them believe they were being sent for re-settlement. In addition it would be extremely difficult for anyone to detect that Auschwitz was used for extermination. EICHMANN also used various other forms of deceit to give the impression that Jews were being sent for re-settlement. In the transportation of Jewish prisoners to Auschwitz most of the guards were members of the Order Police. Witness only knew of one case where the
to detect that Auschwitz was used for extermination. EICHMANN also used various other forms of deceit to give the impression that Jews were being sent for re-settlement. In the transportation of Jewish prisoners to Auschwitz most of the guards were members of the Order Police. Witness only knew of one case where the WAFFEN-SS guarded such a transport. No members of the SD were used. Train guards were never allowed to enter the camp at Auschwitz and it is most unlikely that these men would have any detailed knowledge of the fate of the Jews. He was under the impression that the whole action EICHMANN was entirely unknown to the WAFFEN-SS. There were, however, a number of SS personnel on the EICHMANN Committee. In order to show that EICHMANN took such precautions that his activities were entirely concealed from the SS and from the Foreign Office liaison, the defense called EBERHARD VON THADDEN, a foreign office councillor. He gave evidence that he visited Belsen and other camps with Red Cross and Swiss representatives and found conditions there "quite good". These visits were instigated by rumors in the foreign press of 6,000 Jews a day being burned daily at Theresienstadt. Visits to Theresienstadt indicated that conditions there were satisfactory. In answer to the statement that the "whole world" knew what was going on, VON THADDEN observed that the SS and the foreign office had no access to the foreign press or radio. He alleged that the sole purpose of his department working in liaison with EICHMANN was to prepare propaganda for the "comprehension" amongst other nations of the executive measures against the Jews. 88 Col. Neave Rep. Cross-examined as to what he meant by "executive measures" and why he had made a speech on EICHMANN'S behalf, the minutes of which were not published, he said the executive. measures only referred to deportation. He thought only two or three officials of the foreign office could have known about the proposed liquidation. Even the Foreign Secretary knew only of the deportation. He said that he was prevented by EICHMANN from going to the extermination camp at Auschwitz for security reasons. EICHMANN said that secret weapons were being made there. EICHMANN thought that reports in the foreign press of exterminations in this
Even the Foreign Secretary knew only of the deportation. He said that he was prevented by EICHMANN from going to the extermination camp at Auschwitz for security reasons. EICHMANN said that secret weapons were being made there. EICHMANN thought that reports in the foreign press of exterminations in this camp were of an advantage since the camp might not be attacked by enemy bombers. EICHMANN assured the foreign office that these reports were untrue and that the Jews were properly cared for. During a discussion as to the relevancy of the evidence of this witness, the Defense claimed that the fact that a very high official of the foreign office and an honorary member of the SS such as VON THADDEN did not know of the exterminations, implied that the SS as a whole did not know of them either. b) The Events of November 10, 1938 Witnesses for the ALLGEMEINE SS claimed that the SS did not participate in the demonstrations of the 9th of November, 1938. VON EBERSTEIN who was police president in Munich at the time, said that he knew nothing of the demonstrations until after GOEBBELS had made his inflammatory speech and synagogues were already burning. He claimed that he did not see HEYDRICH'S teletype saying that the security police as well as members of the SD, the VERFUEGUNGSTRUPPE and ALLGEMEINE SS might be used in the demonstrations until after they had already started. The same explanation of the alleged participation of the SS in these demonstrations was given by other witnesses. 2. Denial that the SS was used to spread terror among the population As has already been stated, the witnesses declared that the ALLGEMEINE SS and the VERFUEGUNGSTRUPPE did not receive training which would render them a "terror unit" of the party. They were no ' t a handful of brigands and gangsters as the Prosecution have declared. It was true that it was the aim of the leaders of the SS to make it an elite unit but this objective was by no means entirely realized. It was admitted that excesses were 89 Col. Neave Rep. carried out but these offenders were always punished by the SS courts. With regard to their participation in the suppression of the Roehm Putsch in 1934, first-hand evidence of this was given by
but this objective was by no means entirely realized. It was admitted that excesses were 89 Col. Neave Rep. carried out but these offenders were always punished by the SS courts. With regard to their participation in the suppression of the Roehm Putsch in 1934, first-hand evidence of this was given by EBERSTEIN and by another witness JOEHNK who was a member of the Leibstandarte at that time. EBERSTEIN who was in charge of an SS district in Dresden was summoned by HIMMLER a week before the 30th of June and instructed to alert his SS men who were kept in their barracks and not allowed to go on the streets. On the 30th of June he learned from a member of the SD who was not under his orders that 28 people were to be arrested or shot. Of these 8 were to be executed for high treason on HEYDRICH'S orders. The executions were carried out by the Reichsgruppenfuehrer of Saxony. ' JOEHNK said that on the 30th of June 1934 the Leibstandarte was alerted. While his platoon was in Berlin they learned of the shooting of various SA leaders who had been court-martialled and that some members of the Leibstandarte had carried out the executions. Members of his unit considered that these executions were right as they were for high treason. In cross-examination the witness said he did not think it peculiar that Gruppenfuehrer Dietrich, the commander of the Leibstandarte, should have told members of the unit to be quiet about what they had seen. He believed that Dietrich had received orders for the executions and that they were perfectly lawful. 3. Denial that the SS as a whole were concerned in Concentration Camp Atrocities. Offenders were punished by the SS Courts The relation of the SS personnel to concentration camps has already been described. The purpose of the defense was to show that the details of administration of concentration camps were not widely known and that the guards, particularly towards the end of the war, were drawn from persons who were only nominally members of the SS. It is, however, admitted that the TOTENKOPFVERBAENDE prior to the war guarded concentration camps, but they were transferred to form the WAFFEN-SS in 1940. It is claimed that the SS main office gave