other conspirators. A single example will suffice.
(b) _The order to shoot commandos._ On 28 October 1942 the head of the
Operations Division of the Naval War Staff promulgated to naval commands
Hitler’s order of 18 October 1942 requiring the shooting of commandos.
The effect of this order was to deny the protection of the Geneva
Convention to captured commandos. The document dated 28 October 1942
reads:
“Enclosed please find a Fuehrer Order regarding annihilation of
terror and sabotage units.
“This order must not be distributed in writing by Flotilla
leaders, Section Commanders or officers of this rank.
“After verbal distribution to subordinate sections the above
authorities must hand this order over to the next highest
section which is responsible for its confiscation and
destruction.” (_C-179_).
It will be difficult to conceive of clearer evidence than this, that
Raeder appreciated the wrongfulness of Hitler’s commando order.
One example will show that this order was executed by the German Navy
during the period when Raeder was its Commander.
A certain commando operation of December 1942 had as its objective an
attack on shipping in Bordeaux harbor. The _Wehrmacht_ account of this
incident states that six of the ten participants in that commando raid
were arrested, and that all were shot on 23 March 1943 (_UK-57_). On
this particular occasion the Navy under Raeder had implemented Hitler’s
order much more expeditiously. This fact appears in extracts from the
war diary of Admiral Bachmann, who was the German Flag Officer in charge
of Western France (_C-176_). The entry for 10 December 1942 reads:
“About 1015. Telephone call from personal representative of the
Officer-in-charge of the Security Service in Paris, SS
Obersturmfuehrer Dr. Schmidt to Flag Officer-in-charge’s Flag
Lieutenant, requesting postponement of the shooting, as
interrogation had not been concluded. After consultation with
the Chief of Operations Staff the Security Service had been
directed to get approval direct from Headquarters.
“1820. Security Service, Bordeaux, requested Security Service
authorities at Fuehrer’s headquarters to postpone the shooting
for three days. Interrogations continued for the time being.”
(_C-176_)
The entry for the next day, 11 December 1942, reads:
“Shooting of the two prisoners was carried out by a unit
(strength 1/16) belonging to the naval officer in charge
Bordeaux, in the presence of an officer of the Security Service,
Bordeaux, on order of the Fuehrer.” (_C-176_)
A note in green pencil in the margin opposite this entry reads:
“Security Service should have done this. Phone Flag Officer in
Charge in future cases.” (_C-176_)
This provision for “future cases” was in fact an order that commandos
should be handed over to the Security Service to be shot.
It is therefore evident from Admiral Bachmann’s war diary (_C-176_) that
the first two men to be shot from the Bordeaux operation were actually
put to death by a naval firing party on 11 December 1942.
The Naval War Staff had this comment to make upon that shooting:
“The Naval Commander, West France, reports that during the
course of the day explosives with magnets to stick on, mapping
material dealing with the mouth of the Gironde, aerial
photographs of the port installations at Bordeaux, camouflage
material and food and water for several days were found.
Attempts to salvage the canoe were unsuccessful. The Naval
Commander, West France, has ordered that both soldiers be shot
immediately for attempted sabotage, if their interrogation,
which has begun, confirms what has so far been discovered. Their
execution has, however, been postponed in order to obtain more
information.
“According to a _Wehrmacht_ report, both soldiers have meanwhile
been shot. The measure would be in accordance with the Fuehrer’s
special order, but is nevertheless something new in
international law, since the soldiers were in uniform.”
(_D-658_)
That last sentence shows clearly that the Naval High Command under
Raeder accepted allegiance to the Nazi conspiracy as of greater
importance than any question of moral principle or professional honor.
The shooting of commandos was not an act of war, but simple murder.
D. _RAEDER’S ASSISTANCE TO THE CONSPIRACY THROUGH HIS POLITICAL
ACTIVITIES._
Raeder was not just a military puppet carrying out political orders.
Before the Nazis came to power he had worked actively to rebuild the
German Navy behind the back of the Reichstag. When the Nazis seized
power, he unreservedly joined forces with them. He was the prime mover
in transferring the loyalty of the German Navy to the Nazi Party. He
himself was as much a member of the inner councils of the Nazis as any
other defendant. He accepted membership in their main political advisory
bodies.
He was well aware of the designs of the Nazis and assisted in their
realization not only as a military technician, but also as a mendacious
politician. And he furthered brutal methods of warfare. And yet of all
the conspirators Raeder was one of the first to fall from his high
position. It is true that the extension of the war beyond the boundaries
of Poland came as a disappointment to him. His vision of a Nazi Armada
mastering the Atlantic reckoned without Ribbentrop’s diplomacy and
Hitler’s ideas of strategy.
In a memorandum dated 10 January 1943, just before his retirement,
entitled, “The Importance of German Surface Forces for the War by powers
signatory to the Three Power Pact,” Raeder stated:
“It was planned by the leaders of the National Socialist Reich
to give the German Navy by 1944/45 such a strength that it would
be possible to strike at the British vital arteries in the
Atlantic with sufficient ships, fighting power and range.
“In 1939, the war having begun five years earlier, the
construction of these forces was still in its initial stages.”
(_C-161_).
This memorandum shows how completely Raeder was cheated in his ambitious
plans by miscalculation as to when his high seas fleet would be
required. Raeder made a great effort to recover some of his lost glory
with his attack on Norway. He made many efforts to liven up the war at
sea, both at the expense of neutrals and also of the customs and laws of
the sea. His further schemes, however, were disregarded by his fellow
conspirators, and in January 1943 he retired, and thereafter was a
leader in name only.
The record, in Raeder’s handwriting, of his interview with Hitler on 6
January 1943, which led to Raeder’s retirement, states in part:
“If the Fuehrer was anxious to demonstrate that the parting was
of the friendliest and wished that the name Raeder should
continue to be associated with the Navy, particularly abroad, it
would perhaps be possible to make an appointment to General
Inspector, giving appropriate publicity in the press, etc. But a
new C. in C. Navy with full responsibility for this office must
be appointed. The position of General Inspector, or whatever it
was decided to call it, must be purely nominal.
“Hitler accepted this suggestion with alacrity. The General
Inspector could perhaps carry out special tasks for him, make
tours of inspection, etc. The name of Raeder was still to be
associated with the Navy. After C. in C. Navy had repeated his
request, the Fuehrer definitely agreed to 30th January as his
release date. He would like to think over the details.”
(_D-655_)
This was Raeder’s twilight, different from the period of his ascendancy
in 1939, when on 12 March he spoke on the occasion of the German Heroes’
Day (_D-653_). In that speech, during the celebration of “freedom to
rearm,” Raeder stated, in the presence of Hitler and representatives of
the Party and Armed Forces:
“* * * National Socialism, which originates from the spirit of
the German fighting soldier, has been chosen by the German
people as its ideology. The German people follow the symbols of
its regeneration with the same great love and fanatical passion.
The German people has had practical experience of National
Socialism and it has not been imposed, as so many outside
critics believe. The Fuehrer has shown his people that in the
National Socialist racial community lies the greatest and
invincible sources of strength, whose dynamic power ensures not
only peace at home, but also enables to make use of all the
Nation’s creative powers.” (_D-653_).
After eulogies of Hitler, Raeder continued as follows:
“This is the reason for the clear and unsparing summons to fight
Bolshevism and international Jewry, whose race-destroying
activities we have sufficiently experienced on our own people.
Therefore, the alliance with all similar-minded Nations who,
like Germany, are not willing to allow their strength, dedicated
to construction and peaceful work at home, to be disrupted by
alien ideologies as by parasites of a foreign race. * * * If
later on we instruct in the technical handling of weapons, this
task demands that the young soldier should also be taught
National Socialist ideology and the problems of life. This part
of the task, which becomes for us both a duty of honor and a
demand which cannot be refused, can and will be carried out if
we stand shoulder to shoulder and in sincere comradeship to the
Party and its organization. The armed forces and the Party thus
became more and more united in attitude and spirit.”
* * * * * *
“Germany is the protector of all Germans within and beyond our
frontiers. The shots fired at Almeria are proof of that.”
(_D-653_)
(The reference is to the bombardment of the Spanish town of Almeria,
carried out by a German naval squadron on 31 May 1937 during the course
of the Spanish Civil War.) After further panegyries on the Fuehrer and
his leadership, Raeder hinted of what was to come:
“They all planted into a younger generation the great tradition
of death for a holy cause, knowing that their blood will lead
the way towards the freedom of their dreams.” (_D-653_)
That speech of Raeder’s illustrates his deep personal involvement in the
Nazi conspiracy. There is the mixture of heroics and fatalism that led
millions of Germans to slaughter. There are boasts of the violence used
on the people of Almeria. There is the lip service to peace by a man who
planned conquest. “Armed forces and party have become more and more
united in attitude and spirit”—there is the authentic Nazi voice. There
is the assertion of racialism. Finally, there is the anti-Semitic
gesture, Raeder’s contribution to the outlook that produced Belsen.
Imbued with these ideas, he became an active participant on both the
political and military level in the Nazi conspiracy to wage wars of
aggression and to wage them ruthlessly.
* * * * *
LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ERICH RAEDER
│ │ │
Document │ Description │ Vol. │ Page
│ │ │
│Charter of the International Military │ │
│ Tribunal, Article 6. │ I │ 5
│International Military Tribunal, │ │
│ Indictment Number 1, Section IV (H);│ │
│ Appendix A. │ I │ 29, 67
│ ———— │ │
│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. │ │
│ ———— │ │
*386-PS │Notes on a conference with Hitler in │ │
│the Reich Chancellery, Berlin, 5 │ │
│November 1937, signed by Hitler’s │ │
│adjutant, Hossbach, and dated 10 │ │
│November 1937. (USA 25) │ III │ 295
│ │ │
*498-PS │Top Secret Fuehrer Order for killing │ │
│of commandos, 18 October 1942. (USA │ │
│501) │ III │ 416
│ │ │
*503-PS │Letter signed by Jodl, 19 October │ │
│1942, concerning Hitler’s explanation │ │
│of his commando order of the day │ │
│before (Document 498-PS). (USA 542) │ III │ 426
│ │ │
*798-PS │Hitler’s speech to │ │
│Commanders-in-Chief, at Obersalzberg, │ │
│22 August 1939. (USA 29) │ III │ 581
│ │ │
*1807-PS │Extract from Jodl Diary, 16 June 1942,│ │
│concerning attack on Brazilian sea and│ │
│air forces. (GB 227) │ IV │ 377
│ │ │
*2031-PS │Decree establishing a Secret Cabinet │ │
│Council, 4 February 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 112. (GB│ │
│217) │ IV │ 654
│ │ │
2098-PS │Decree relating to Status of Supreme │ │
│Commanders of Army and Navy, 25 │ │
│February 1938. 1938 Reichsgesetzblatt,│ │
│Part I, p. 215. (GB 206) │ IV │ 725
│ │ │
*2194-PS │Top secret letter from Ministry for │ │
│Economy and Labor, Saxony, to Reich │ │
│Protector in Bohemia and Moravia, │ │
│enclosing copy of 1938 Secret Defense │ │
│Law of 4 September 1938. (USA 36) │ IV │ 843
│ │ │
2879-PS │Extracts from The Archives. │ V │ 542
│ │ │
*2888-PS │Certificate of positions held by │ │
│Raeder, 14 November 1945. (USA 13) │ V │ 553
│ │ │
*3260-PS │“Churchill Sank the Athenia”, │ │
│published in Voelkischer Beobachter, │ │
│23 October 1939. (GB 218) │ V │ 1008
│ │ │
*C-12 │OKW directive, signed Jodl, 20 │ │
│December 1939, concerning conduct of │ │
│U-Boat warfare on Merchant shipping │ │
│against England. (GB 226) │ VI │ 818
│ │ │
*C-21 │Extracts from file on Intensification │ │
│of U-boat warfare. (GB 194) │ VI │ 825
│ │ │
*C-23 │Unsigned documents found in official │ │
│Navy files containing notes year by │ │
│year from 1927 to 1940 on │ │
│reconstruction of the German Navy, and│ │
│dated 18 February 1938, 8 March 1938, │ │
│September 1938. (USA 49) │ VI │ 827
│ │ │
*C-27 │Minutes of Meeting between C-in-C Navy│ │
│and the Fuehrer. (GB 225) │ VI │ 829
│ │ │
*C-29 │Directive of 31 January 1933 by Raeder│ │
│for German Navy to support the │ │
│armament industry. (USA 46) │ VI │ 830
│ │ │
C-32 │Survey report of German Naval Armament│ │
│after conference with Chief of “A” │ │
│Section, 9 September 1933. (USA 50) │ VI │ 833
│ │ │
*C-38 │Letter, 13 June 1941, requesting │ │
│decision on action against enemy │ │
│submarines and Order to attack Soviet │ │
│submarines, 15 June 1941. (GB 223) │ VI │ 855
│ │ │
*C-64 │Raeder’s report, 12 December 1939, on │ │
│meeting of Naval Staff with Fuehrer. │ │
│(GB 86) │ VI │ 884
│ │ │
*C-66 │Memorandum from Raeder to Assman, 10 │ │
│January 1944, concerning “Barbarossa” │ │
│and “Weseruebung”. (GB 81) │ VI │ 887
│ │ │
*C-105 │Extract from German Naval War Diary, │ │
│21 December 1940, p. 252. (GB 455) │ VI │ 913
│ │ │
*C-115 │Naval deception and camouflage in │ │
│invasion of Norway taken from file of │ │
│naval operation orders for operation │ │
│“Weseruebung”. (GB 90) │ VI │ 914
│ │ │
C-116 │Extract from German Naval file, 9 │ │
│August 1941, concerning Order to │ │
│blockade Norwegian ships. │ VI │ 915
│ │ │
C-117 │Extract from German Naval file, 13 │ │
│July 1941, concerning preparations for│ │
│laying of minefield near the │ │
│Bosphorus. │ VI │ 915
│ │ │
*C-120 │Directives for Armed Forces 1939-40 │ │
│for “Fall Weiss”, operation against │ │
│Poland. (GB 41) │ VI │ 916
│ │ │
*C-122 │Extract from Naval War Diary. │ │
│Questionnaire on Norway bases, 3 │ │
│October 1939. (GB 82) │ VI │ 928
│ │ │
C-124 │Secret letter, 29 September 1941, │ │
│concerning future of St. Petersburg. │ VI │ 931
│ │ │
*C-126 │Preliminary Time Table for “Fall │ │
│Weiss” and directions for secret │ │
│mobilization. (GB 45) │ VI │ 932
│ │ │
*C-135 │Extract from history of war │ │
│organization and of the scheme for │ │
│mobilization. (GB 213) │ VI │ 946
│ │ │
*C-141 │Order for concealed armament of │ │
│E-boats, 10 February 1932, signed by │ │
│Raeder. (USA 47) │ VI │ 955
│ │ │
*C-152 │Extract from Naval War Staff files, 18│ │
│March 1941, concerning audience of │ │
│C-in-C of Navy with Hitler on 18 March│ │
│1941. (GB 122) │ VI │ 966
│ │ │
*C-155 │Memorandum, 11 June 1940, signed by │ │
│Raeder. (GB 214) │ VI │ 969
│ │ │
*C-156 │Concealed Rearmament under Leadership │ │
│of Government of Reich, from “Fight of│ │
│the Navy against Versailles │ │
│1919-1935”. (USA 41) │ VI │ 970
│ │ │
*C-161 │Memo by Raeder, 10 January 1943, │ │
│entitled: Importance of German Surface│ │
│forces for conducting of war by powers│ │
│signatory to Three Power Pact. (GB │ │
│230) │ VI │ 976
│ │ │
*C-166 │Order from Command Office of Navy, 12 │ │
│March 1934, signed in draft by Groos, │ │
│concerning preparation of auxiliary │ │
│cruisers. (USA 48) │ VI │ 977
│ │ │
*C-170 │File of Russo-German relations found │ │
│in OKM files covering period 25 August│ │
│1939 to 22 June 1941. (USA 136) │ VI │ 977
│ │ │
*C-176 │Extracts from War Diary of Admiral │ │
│Bachmann, concerning shooting of │ │
│commandos in Bordeaux. (GB 228) │ VI │ 1011
│ │ │
C-179 │Hitler’s second decree, 18 October │ │
│1942, regarding annihilation of terror│ │
│and sabotage units. (USA 543) │ VI │ 1014
│ │ │
*C-189 │Conversation with the Fuehrer in June │ │
│1934 on occasion of resignation of │ │
│Commanding Officer of “Karlsruhe”. │ │
│(USA 44) │ VI │ 1017
│ │ │
*C-190 │Memorandum of conversation with Hitler│ │
│on financing Naval rearmament and │ │
│assembling six submarines, 2 November │ │
│1934. (USA 45) │ VI │ 1018
│ │ │
*C-191 │Demands by defendant Doenitz on │ │
│sinking of merchant ships, 22 │ │
│September 1939. (GB 193) │ VI │ 1018
│ │ │
*D-448 │Announcement of birthday celebration │ │
│of Doenitz in Voelkischer Beobachter, │ │
│25 April 1942. (GB 216) │ VII │ 58
│ │ │
*D-481 │Law regarding the swearing in of │ │
│officials and soldiers of Armed │ │
│Forces, 20 August 1934. 1934 │ │
│Reichsgesetzblatt, Part I, p. 785. (GB│ │
│215) │ VII │ 66
│ │ │
*D-638 │Affidavit of Doenitz concerning │ │
│sinking of Athenia, 17 November 1945. │ │
│(GB 220) │ VII │ 114
│ │ │
*D-653 │Raeder speech, 12 March 1939, │ │
│published in The Archive, March 1939, │ │
│pp. 1841-1846. (GB 232) │ VII │ 153
│ │ │
*D-654 │Affidavit of Adolf Schmidt, 9 August │ │
│1945. (GB 219) │ VII │ 156
│ │ │
*D-655 │Raeder interview with Hitler on 6 │ │
│January 1943. (GB 231) │ VII │ 158
│ │ │
*D-658 │Extract from SKL War Diary, 9 December│ │
│1942. (GB 229) │ VII │ 164
│ │ │
D-659 │Extract from War Diary of Chief of │ │
│U-boats, 27 September 1939. (GB 221) │ VII │ 164
│ │ │
*D-662 │War Diary of Commanding Officer of │ │
│U-boat U-30. (GB 222) │ VII │ 169
│ │ │
*D-663 │Operation Order “Atlantic” No. 56 for │ │
│U-boats in Atlantic, 7 October 1943. │ │
│(GB 200) │ VII │ 170
│ │ │
*EC-177 │Minutes of second session of Working │ │
│Committee of the Reich Defense held on│ │
│26 April 1933. (USA 390) │ VII │ 328
│ │ │
*L-79 │Minutes of conference, 23 May 1939, │ │
│“Indoctrination on the political │ │
│situation and future aims”. (USA 27) │ VII │ 847
│ │ │
*UK-57 │Keitel directives, 4 January 1944 and │ │
│21 April 1944, concerning │ │
│counteraction to Kharkov show trial. │ │
│(GB 164) │ VIII │ 539
│ │ │
*UK-65 │Report by Raeder to Hitler, 16 October│ │
│1939, and memorandum regarding │ │
│intensified naval war against England,│ │
│15 October 1939. (GB 224) │ VIII │ 545
│ │ │
Statement I │The Laconia Case and German Submarine │ │
│Warfare, by Karl Doenitz, Nurnberg, 7 │ │
│and 19 October 1945. │ VIII │ 657
│ │ │
Statement VII │The Development of German Naval │ │
│Policy—1933-1939, by Erich Raeder, │ │
│Moscow, fall 1945. │ VIII │ 684
│ │ │
Statement VIII │The Breakthrough in the Channel Early │ │
│in 1942, by Erich Raeder, Moscow, 30 │ │
│August 1945. │ VIII │ 701
│ │ │
Statement IX │My Relationship to Adolf Hitler and to│ │
│the Party, by Erich Raeder, Moscow, │ │
│fall 1945. │ VIII │ 707
16. BALDUR VON SCHIRACH
A. _SCHIRACH’S NSDAP MEMBERSHIP, NSDAP POSITIONS, AND GOVERNMENT
POSITIONS._
In an affidavit (_3302-PS_), Schirach has declared that he held the
following positions:
_Positions in the Nazi Party_
(1) NSDAP member, 1925 to 1945.
(2) Leader of the National Socialist Students League, 1929-1931.
(3) Leader of the Hitler Youth organization, 1931-1940.
(4) Reich Youth Leader (_Reichsjugendfuehrer_) on the Staff of
the SA Supreme Command under Ernst Roehm, 1931-1932.
(5) Reich Youth Leader (_Reichsjugendfuehrer_) of the NSDAP,
1931-1940; in 1932 Schirach became an independent Reich Leader
(_Reichsleiter_), and no longer remained on the Staff of the SA
Supreme Command.
(6) Gruppenfuehrer (Lt. General) of the SA, 1931-1941.
(7) Reich Leader (_Reichsleiter_) for Youth Education in the
NSDAP, 1932-1945.
(8) Gau Leader (Gauleiter) of the Reichsgau Vienna, 1940-1945.
(9) Obergruppenfuehrer (General) of the SA, 1941-1945.
_Governmental Positions_
(1) Reich Youth Leader, 1933-1940.
(2) Reich Governor (_Reichsstatthalter_) of the Reichsgau
Vienna, 1940-1945.
(3) Reich Defense Commission of Vienna, 1940-1945.
(4) Deputy to the Fuehrer for the Inspection of the Hitler Youth
(_Beauftragter der Fuehrer fuer die Inspektion der Gesamten
Hitler Jugend_), 1940-1945.
Schirach was also a member of the Reichstag from 1932 to 1945
(_2973-PS_).
B. _SCHIRACH WAS AN INTIMATE AND SLAVISH FOLLOWER OF HITLER SINCE 1925._
As early as 1925 Baldur von Schirach, then 18 years old, joined the Nazi
conspirators. Upon special request of Hitler, he went to Munich in order
to study Party affairs. After having joined the NSDAP in 1925, he became
active in converting students to National Socialism (_3302-PS_). This
was the start of Schirach’s conspiratorial activities, which he
continued for two decades in the spirit of unbending loyalty to Hitler
and to the principles of National Socialism. Schirach shows his slavish
loyalty to Hitler in his principal book, “The Hitler Youth,” published
in 1934:
“We were not yet able to account for our conception in detail,
we simply believed. And when Hitler’s book, _Mein Kampf_, was
published it was our bible which we almost learned by heart in
order to answer the questions of the doubters and superior
critics. Almost everyone today who is leading youth in a
responsible position joined us in those years.”
* * * * * *
“In my apartment on _Koenigin Strasse_, I was lucky enough to be
able to express my apprehensions about Strasser to the Fuehrer,
otherwise I never discussed these things with anybody with the
exception of Julius Streicher.” (_1458-PS_).
C. _SCHIRACH WAS THE LEADING NAZI CONSPIRATOR IN DESTROYING INDEPENDENT
YOUTH ORGANIZATIONS AND IN BUILDING THE NAZI YOUTH MOVEMENT._
(Reference is made at this point to section 8 of Chapter VII on
“Reshaping of Education and Training of Youth”. See also _3054-PS_.)
It was Schirach’s task to perpetuate the Nazi regime through generations
by poisoning the mind of youth, and thereby the mind of the German
people, and to prepare the German nation for aggressive wars.
The basic law concerning the Hitler Youth, which under Schirach’s
tutelage became an instrument of the Nazi State, declares:
“The future of the German Nation depends on its youth, and the
German youth shall have to be prepared for its future duties. *
* *
“All German youth in the Reich is organized within the Hitler
Youth.
“The German youth besides being reared within the family and
school, shall be educated physically, intellectually, and
morally in the spirit of National Socialism to serve the people
and the community, through the Hitler Youth.
“The task of educating the German Youth through the Hitler Youth
is being entrusted to the Reich Leader of German Youth in the
NSDAP. * * *” (_1392-PS_).
For the five years preceding the promulgation of this law Schirach had
been leader of the Hitler Youth and Reich Youth Leader of the NSDAP. He
continued in these positions until the Nazis launched their aggressive
wars. As late as 4 December 1945, Schirach declared his own feeling of
responsibility for Nazi policies concerning youth:
“I feel myself responsible for the policy of the youth movement
in the Party and later within the Reich.” (_3302-PS_).
(1) _Schirach actively promoted the NSDAP and its affiliated youth
organizations before the Nazis seized power._ In 1929 Hitler appointed
Schirach leader of the National Socialist German Students League and in
1931 leader of the Hitler Jugend. After 1931, Schirach devoted his full
time to Party work (_3302-PS_). Before 1933, Schirach moved throughout
Germany, leading demonstrations and summoning German youth to the Hitler
Youth. When this organization and the wearing of its uniform were
forbidden by law, Schirach continued by illegal means. Of this period he
writes:
“Whoever came to us during this illegal time, boy or girl,
risked everything. * * * With pistols in our belts we drove
through the Ruhr district while stones came flying after us.”
(_1458-PS_)
Schirach admits that Rosenberg and he were not successful before 1933 in
efforts to reach “an understanding” with other youth organizations.
Schirach states that he thereupon arrived at a conclusion which later
was to spell the doom of independent youth groups:
“I realized at that time that an understanding with the leaders
of the League would never be possible and devoted myself to the
principle of the totality [_Totalitaet_] of the Hitler Youth
which in the year 1933 cost all those leagues their independent
existence.” (_1458-PS_).
(2) _Schirach, on behalf of the Nazi conspirators, destroyed all
independent youth organizations or caused them to be absorbed within the
Hitler Youth (Hitler Jugend)._ After the Nazi conspirators seized
political control of Germany, Schirach was aggressive in bringing the
entire German youth within the Nazi orbit of control and domination.
Referring to the period immediately following 30 January 1933, Schirach
declared:
“Now the problem was to apply the victory of the movement to the
entire youth. Our cabinet ministers were overburdened with their
new tasks and were working day and night. We could not wait
until they could find time to solve the youth question by their
own initiative. Therefore, we had to act ourselves. My
co-workers met in my Munich apartment and advised me to occupy
the Reichs Committee [_Reichsausschuss_] of the German Youth
Leagues [_Jugendverbaende_]. I commissioned General
[_Obergebietsfuehrer_] Nabersberg with 50 members of the Berlin
HJ to make a surprise raid on the Reich Committee in the
Alsenstrasse early the next morning. This was done and at noon
the press had the report that the HJ [Hitler Youth] had taken
over the leadership of the Reich Committee.” (_1458-PS_).
By a second surprise raid, Schirach took over the Youth Hostels. Of this
Schirach writes in the same book:
“In the meantime I gained control over the Reich League for
German Youth Hostels [_Reichsverband fuer deutsche
Jugendherbergen_] in a similar manner to the one employed with
the Reich Committee.” (_1458-PS_)
By using the records of the seized Reich Committee, Schirach states that
he obtained knowledge of the strength and influential personalities of
all the German youth groups.
“From this point I recognized the necessity of coming to grips
with the Greater German Union [_Grossdeutscher Bund_].”
(_1458-PS_)
In June 1933, Schirach was appointed Youth Leader of the German Reich
(_Jugendfuehrer des Deutschen Reiches_) in a solemn ceremony before
Hitler. Concerning the period immediately following, Schirach writes in
the same book:
“The first thing I did was to dissolve the Greater German Union
[_Grossdeutscher Bund_]. Since I headed all German youth
organizations and I had the right to decide on their leadership,
I did not hesitate for a moment to take this step, which was for
the Hitler Youth the elimination of an unbearable state of
affairs.” (_1458-PS_)
The dissolution of this and other youth organizations was accomplished
by orders issued by Schirach as Youth Leader of the German Reich.
(_2229-PS_)
In this position Schirach also appointed deputies to the various German
states (_Landesbeauftragte_) “to carry out my instructions, and I
appointed district leaders [_Gebietsfuehrer_] to these positions in all
of the states in execution of my right” (_1458-PS_). In this book
Schirach also admits directing the further assimilation or destruction
of other youth organizations:
“The Marxist youth as well as all political youth organizations
I prohibited after the occupation of the Reich Committee. The
one million members of the HJ which we had on 30 January 1933
had grown to a round 3,000,000. Only the two large professional
groups, the Protestant and Catholic youth, were opposed to us.”
(_1458-PS_)
Schirach proceeded to hold discussions with the Hitler-appointed Reich
Bishop Ludwig Mueller,
“And in December 1933, the Reich Bishop and myself were able to
inform the Fuehrer that incorporation of the Protestant youth
into the HJ had become a reality.” (_1458-PS_)
When this book was written, Schirach had not yet accomplished the
complete coordination of Catholic youth into the Hitler Youth, though he
argued that:
“No reasonable man in Germany can give a reason for the
necessity of the existence of Catholic youth organizations in
their present form.” (_1458-PS_)
Schirach’s objective of forcing all German youth into the Hitler Youth
was finally accomplished by a decree in December 1936. (_1392-PS_)
(3) _Schirach was mainly responsible for the indoctrination and training
of German youth outside home and school._ The law making compulsory the
organization of all German Youth within the Hitler Youth declared that:
“The task of educating the German Youth through the Hitler Youth
is being entrusted to the Reich Youth Leader in the NSDAP.”
(_1392-PS_)
To make Schirach’s sole competence even clearer, the first executive
order concerning the basic youth law stated:
“The youth leader of the German Reich is solely competent for
all missions of the physical, ideological, and moral education
of the entire German youth outside of the house of the parents
and the school.” (_1462-PS_)
(4) _Schirach was the principal Nazi conspirator in applying the
Leadership principle to German youth._ As a Reich Leader
(_Reichsleiter_) in the NSDAP, Schirach was responsible only to Hitler
or his deputy (_Stellvertreter_), Hess. In youth affairs he was at the
top of the Nazi leadership pyramid, and under him German youth was
directed by and completely subjected to the Leadership Principle. The
Leadership Principle, one of the principal control-techniques of the
Nazis was explained and glorified by Schirach as it applied to German
youth:
“A single will leads the HJ. The power of authority of the HJ
leaders, that of the smallest as well as of the largest unit, is
absolute, i.e., he has the unlimited right to give orders
because he bears the unlimited responsibility. He knows that the
responsibility of the higher one comes before that of the lower
ones. Therefore, he submits silently to the instructions of his
leaders even if they are directed against him personally. To him
as well as to all young Germany the history of the HJ is proof
of the fact that a youth community also can only be successful
if it unconditionally recognizes the authority of leadership.
The success of National Socialism is a success of discipline.
The structure of National Socialist Youth is built on the
foundation of discipline and obedience. The teachings of the
time of persecution apply even more to the period of victory and
power.” (_1458-PS_)
(5) _Schirach indoctrinated youth with the Nazi ideology._ Schirach
states that:
“It was my task to educate the youth in the aims, ideology and
directives of the NSDAP, and beyond this to direct and to shape
them.” (_3302-PS_)
For this purpose the Hitler Youth had an elaborate propaganda apparatus
which published numerous periodicals, ranging from a daily press service
to monthly magazines. Through liaison agents the Hitler Youth Propaganda
Office had permanent contact with Dr. Goebbels’ Propaganda Office of the
NSDAP and with the Ministry of People’s Enlightenment and Propaganda.
(_3349-PS_).
Schirach, together with Dr. Robert Ley, established the Adolf Hitler
Schools in January 1937. These schools, according to the joint statement
of Reich Leaders (_Reichsleiter_) Schirach and Ley, were open to
outstanding and proven members of the Youth Folk (_Jungvolk_), the
junior section of the Hitler Youth organization. The Adolf Hitler
Schools were destined to train youth free of charge for responsible
positions in National Socialist Germany. These schools were units of and
under the jurisdiction of the Hitler Youth. Schirach shared with Reich
Organization Leader (_Reichsorganisationsleiter_) Ley the general
supervision of the contents of the teaching, the curriculum, and the
staff of the Adolf Hitler Schools (_2653-PS_). Schirach encouraged a
close relation between members of the Hitler Youth and the German League
for Germandom abroad _(Verein fuer das Deutschtum im Ausland_, or
“VDA”). An agreement between Schirach and the leaders of the VDA in 1933
states:
“(1) With a complete respect for the important racial-political
task the Hitler Youth recommends to its members membership in
collaboration with the VDA.”
* * * * * *
“(3) The school groups of the VDA (racial-German work cells)
assist the Hitler Youth in their work.” (_L-360-H_)
Schirach thus subscribed to the “racial-political task” of the NSDAP and
extended his jurisdiction even beyond the border of the German Reich.
His encouragement and approval of anti-Jewish terror by youth is
discussed below.
(6) _Through the Hitler Youth, Schirach assisted the Nazi conspirators
in developing leaders and members of the NSDAP and its affiliated
organizations, including the SA and the SS._ Sometime before the
launching of aggressive wars, the Hitler Youth had become the principal
source of zealous members for the NSDAP and its affiliated
organizations. Orders of the Party Chancellery concerned with “successor
problems” of the Party emphasize constant attention to Hitler Youth
members as future Nazi leaders, thus attempting the perpetuation of the
Nazi regime and Nazi ideology for the immediate future and even into
future generations. Only Hitler Youth members who distinguished
themselves were to be admitted to the Party. Nazi leaders were
instructed to use “properly qualified full-time Hitler Youth leaders * *
* for the continuation of their political work in the Party service,” so
that a necessary succession of full-time leaders in the Leader Corps
(_Fuehrerkorps_) of the Party would be secured. (_3348-PS_)
The Party manual also discusses the Hitler Youth as a recruitment agency
for future Nazi leaders and members of affiliated organizations of the
NSDAP:
“To secure for the Party valuable and trained recruits for
leadership, suitable Hitler Jugend boys of over 17 can be
assigned for education and training to leaders from local unit
leaders on upwards.”
* * * * * *
“Besides the above-mentioned conditions for selections in
general, a process of elimination results from the fact that
from youth on the German is cared for, guided, and educated by
the Party. First they are assembled in the Young Folk
[_Jungvolk_] from which the young people are transferred into
the HJ. The boy of the HJ enters the SA, the SS, the NSKK or the
NSFK or participates in the work of the affiliated organizations
of the Party. After labor and army service, he returns for
service to the Party and its affiliates, respectively.”
(_2401-PS_)
Special arrangements existed between Himmler’s SS and Schirach’s Hitler
Youth concerning the recruiting of members of the Hitler Jugend for
later service in the SS. Within the Hitler Youth was a special group
called the _Streifendienst_ (Patrol Service). Concerning this special
group, an official handbook on youth laws states:
“Organization of the _Streifendienst_.
“1. Since the _Streifendienst_ in the HJ has to perform tasks
similar to those of the SS for the whole movement, it is
organized as a special unit for the purpose of securing recruits
for the general SS; however, as much as possible, recruits for
the SS special troops, for the SS Death Head Troops, and for the
officer candidate schools should also be taken from these
formations.”
* * * * * *
“4a. The selection of _Streifendienst_ members is made according
to the principles of racial selection of the _Schutzstaffel_
[SS]; the competent officials of the SS, primarily unit leaders,
race authorities, and SS physicians, will be consulted for the
admission test.”
* * * * * *
“5. To insure from the beginning a good understanding between
Reich youth leadership and Reich SS leadership, a liaison office
will be ordered from the Reich youth leadership to the SS main
office starting 1 October 1938. The appointment of other leaders
to the SS sections is a subject for a future agreement.
“6. After the organization is completed, the SS takes its
replacement primarily from these _Streifendienst_ members.
Admission of youths of German blood who are not members of the
HJ is then possible only after information and advice of the
competent Bann leader.” (_2396-PS_)
Shortly afterwards, on 17 December 1938, Schirach and Himmler entered
into and signed another agreement for recruiting SS members from the
ranks of the Hitler Youth:
“To secure full success for the common effort of the SS and the
Hitler Youth by strict cooperation, to stem the flight from the
land, to build a new peasant class, to bring the best part of
the people into contact with the earth of the homeland, the
following arrangement has been made in connection with the
agreement of 26 August 1938.
“1. The farm service of the Hitler Youth is according to
education and aim, particularly well suited as a recruiting
organization for the _Schutzstaffel_ (general SS and the armed
sections of the SS; SS special troops and SS death head
battalions).
“2. Boys who suit the special demands of the SS according to
physical conditions and moral attitude are preferably admitted
into the farm service of the Hitler Youth.”
* * * * * *
“5. All farm service members who pass the general admission test
of the SS will be taken over into the general SS after leaving
the farm service.” (_2567-PS_)
Thus, by the end of 1938, the Hitler Youth had become the main source
for future SS members. (For the criminal activities of the SS formations
for which Hitler Youth members were recruited, see Section 5 of Chapter
XV of the _Schutzstaffeln_ (SS).)
(7) _Schirach actively engaged in militarizing the Hitler Youth._ In
June 1933, under an agreement between Hitler and Franz Seldte, which was
negotiated in the presence of the Reich Minister of War, the “Steel
Helmet League of Front Line Soldiers” (_Stahlhelm, Bund der
Frontsoldaten_) was incorporated into the Nazi movement. The
_Scharnhorst_, the youth organization of the _Stahlhelm_, was integrated
into the Hitler Youth. (_2260-PS_)
The Hitler Youth was generally set up along military lines with
uniforms, ranks, and titles. It contained divisions called Naval Hitler
Youth, Motorized Hitler Youth, Hitler Youth Flyers, and Signal Hitler
Youth. According to an official document published by the Reich Youth
Leadership under Schirach, the object of these divisions within the
Hitler Youth was to prepare boys, respectively, for the German merchant
marine and Navy, the National Socialist Motorized Corps (NSKK), for
civil and military aviation, and for service with signal troops.
(_2654-PS_)
On or about 11 August 1939, just before the invasion of Poland, an
agreement was entered into between Schirach and Wilhelm Keitel, then
Chief of the High Command of the _Wehrmacht_, which was declared by _Das
Archiv_ to represent “the result of close cooperation” between these two
conspirators. The agreement itself stated:
“While it is exclusively the task of the Hitler Youth to attend
to the training of their units in this direction, it is suitable
in the sense of a uniform training corresponding to the demands
of the _Wehrmacht_ to support the leadership of the Hitler Youth
for their responsible task as trainers and educators in all
fields of training for defense by special courses * * * A great
number of courses are in progress.” (_2398-PS_)
The agreement stated that it “gives the possibility of roughly
redoubling” the same 30,000 leaders in the Hitler Youth schools for
directing shooting practice and field training. Under the agreement,
specific arrangements were made for messing and billeting the Hitler
Youth leaders at _Wehrmacht_ installations. Former Hitler Youth leaders
in the _Wehrmacht_, who were specially selected volunteers, were to be
assigned as liaison officers and deputies for carrying out this military
training. (_2398-PS_)
Hitler, in a speech in February 1938, represented that thousands of
German boys had received specialized training in naval, aviation, and
motorized groups within the Hitler Youth, and that over 1 million Hitler
Youth members had received instructions in rifle shooting from 7,000
instructors. (_2454-PS_)
D. _SCHIRACH PROMOTED THE ACCESSION TO POWER OF THE NAZI CONSPIRATORS._
This allegation of the Indictment is born out by Schirach’s activities
in converting students to National Socialism and by his Leadership of
the Hitler Youth before the Nazis’ seizure of political power. These
activities are described above.
E. _SCHIRACH PROMOTED THE CONSOLIDATION OF POWER OF THE NAZI
CONSPIRATORS._
Schirach’s acts in accomplishing the Nazis’ complete control over German
youth are described above. These acts were of notable assistance to the
Nazi conspirators in acquiring complete control of Germany during the
pre-war years. Schirach’s own words in 1938 leave no doubt as to his own
feeling of personal responsibility in this connection:
“The struggle for the unification of the German youth is
finished. I considered it as my duty to conduct it in a hard and
uncompromising manner. Many might not have realized why we went
through so much trouble for the sake of the youth. And yet: The
National Socialist German Workers’ Party, whose trustee I felt I
always was and always will be, this Party considered the
struggle for the youth as the decisive element for the future of
the German nation.”
* * * * * *
“And I promise the German public that the youth of the German
Reich, the youth of Adolf Hitler, will accomplish its duty in
the spirit of the man to whom alone their lives belong.”
(_2306-PS_)
F. _SCHIRACH PROMOTED THE PSYCHOLOGICAL AND EDUCATIONAL PREPARATIONS FOR
AGGRESSIVE WAR AND THE MILITARIZATION OF NAZI-DOMINATED ORGANIZATIONS._
A general outline of Schirach’s acts bearing on this allegation of the
Indictment appears above. By his own admission, Schirach was the
principal Nazi responsible for driving the entire Nazi ideology into the
minds of German youths, many of whom grew up to be fanatical Nazis like
Schirach himself. From Hitler, in 1938, came boastings of the
accomplishments of the Hitler Youth in military training. Through the
vast propaganda network of the Reich Youth Leadership, through the Adolf
Hitler Schools, through the minute regimentation of youth and its
subjection to the Leadership Principle, and through the military
training of German youth, Schirach fulfilled the edict of the basic law
concerning the Hitler Youth:
“The future of the German nation depends on its youth, and the
German youth shall have to be prepared for its future duties”.
It has been demonstrated that the future duties of the youth entrusted
to Schirach were participation in aggressive wars.
G. _SCHIRACH’S GENERAL FUNCTIONS AND RESPONSIBILITIES AS PARTY AND
GOVERNMENT LEADER IN THE REICHSGAU VIENNA._
(1) _Gau Leader_ (_Gauleiter_). Schirach was Gau Leader of the NSDAP for
the Reichsgau Vienna from July 1940 to 1945. In common with all other
Gau Leaders, Schirach was the highest representative of Hitler, the
supreme Party Leader, in his Gau, and he was the bearer of sovereignty
(_Hoheitstraeger_) of the Party for this regional division of the Party.
As such, he possessed “sovereign political rights”; he represented the
Party with his Gau; and he was “responsible for the entire political
situation within” this Gau. (_1893-PS_)
The Party manual makes it mandatory that each Gau Leader meet at least
once a month with leaders of the affiliated organizations of the NSDAP,
including the SA and the SS, “for the purpose of mutual orientation”,
and authorizes the Gau Leader to call upon SA leaders and SS leaders as
“needed for the execution of a political mission.” As a Gau Leader
Schirach was appointed by Hitler and was “directly subordinate” to him.
He was responsible for coordinating activities of the NSDAP with various
state authorities, including the police and the Gestapo. (_1893-PS_)
(2) _Reich Governor_ (_Reichsstatthalter_). Schirach was Reich Governor
of the Reichsgau Vienna from July 1940 to 1945. After the _Anschluss_
the Nazi conspirators abolished the State of Austria as a sovereign
state and divided Austria into seven Reich Gaus, the most important of
which was the Reichsgau Vienna (_Reichsgau Wien_). Schirach, in his
capacity as Reich Governor, was the lieutenant of the head of the German
State, Hitler, in his Gau. As Reich Governor he was authorized to make
decrees and issue orders within the limitations set by the supreme Reich
authorities (_Oberste Reichsbehoerden_). He was especially under the
administrative supervision of Frick, Reich Minister of Interior. The
Reich Governor was also first mayor (_Erster Buergermeister_) of Vienna.
(_3301-PS_)
Schirach was also Reich Defense Commissar of Vienna from 1940 to 1945.
These government positions, along with his leadership of the Party in
Vienna, made Schirach the most important representative of the Nazi
conspirators in the Reichsgau Vienna. Schirach himself states that as
Reich Governor his “field was the direction of the general
administration” in Vienna. (_3302-PS_)
As the highest Party and State leader in the Reichsgau Vienna, Schirach
was responsible for all the crimes of the Nazi conspirators in the
Reichsgau Vienna on the ground that he either initiated, approved,
executed, or abetted them. Specific examples, described below,
demonstrate that in fact he was actively and personally engaged in Nazi
crimes.
H. _SCHIRACH PARTICIPATED IN THE CONSPIRACY TO COMMIT CRIMES AGAINST
HUMANITY, PARTICULARLY ANTI-SEMITIC MEASURES._
Schirach bears responsibility for providing many, if not most, of the
Death Head (_Totenkopf_) members of the SS, who, in the main,
administered the concentration camps. As particularized above, the SS,
by agreement between Himmler and Schirach, took “its replacement
primarily” from _Streifendienst_ members of the Hitler Youth and only
upon special permission could a non-Hitler Youth become an SS man. Nor
can Schirach escape responsibility for his assistance in implanting in
youth the Nazi ideology, with its tenets of a master race, “sub-human”
peoples, and world domination. For such notions were the psychological
prerequisites for the instigation and toleration of the atrocities which
zealous Nazis committed throughout Germany and the occupied countries.
(1) _Schirach directed and participated in the Nazi conspirators’ slave
labor program._
(For a full discussion of the slave labor program see Chapter X.)
Vienna was one of the principal cities and an independent Reichsgau of
Greater Germany. Schirach, as Gau Leader and Reich Governor, was
delegated far-reaching responsibilities concerning the slave labor
program and hence shares responsibility for crimes of slave labor.
(_3352-PS_)
This document proves that the Gau Leaders were required to be the
supreme integrating and coordinating agents of the Nazi conspirators in
executing the entire manpower program. A circular of the Party
Chancellery of 22 March 1942 states that Goering, upon the suggestion of
Sauckel, had agreed that the Gau Leaders were to become active as
Sauckel’s special Plenipotentiaries (_Bevollmaechtigte_) in order that—
“By the leadership of the Party in full appreciation of the
competence of the corresponding Reich authorities, the highest
efficiency in the field of manpower shall be guaranteed.”
(_3352-PS_)
Goering gave Sauckel authority to issue orders to “the agencies of the
Party, its member organizations and affiliated organizations” as well as
to governmental authorities. By an order of 6 April 1942 Sauckel
appointed the Gau Leaders as his “plenipotentiaries for manpower within
their respective Gaus,” and charged them with the—
“* * * establishment of a harmonious cooperation of all agencies
of the State, of the Party, of the Armed Forces, and of the
Economy, charged with problems of manpower and thus to create
agreement between the different conceptions and requirements to
obtain the highest efficiency in the field of manpower.”
(_3352-PS_).
To insure that the Gau Leaders could efficiently perform their manpower
tasks, the entire staff of the Provincial Labor Offices were—
“* * * directed to be at the disposal of the Gau Leaders for
information and advice and to fulfill the suggestions and
demands of the Gau Leader for the purpose of improvements or
manpower.” (_3352-PS_)
In this same order Sauckel said:
“By the above mentioned commission of the Gau Leaders of the
NSDAP, I intend to lead manpower utilization to the greatest
success.” (_3352-PS_)
Thus, Sauckel, himself an experienced Gau Leader, bears witness to the
involvement after 1942 of the Gau Leaders, including Schirach, in the
manpower utilization program of the Nazi conspirators.
Furthermore, a circular from the Party Chancellery of 4 August 1942,
shows that “Bearers of Sovereignty” (_Hoheitstrager_) of the NSDAP
(which included the Gau Leaders and hence Schirach) were to familiarize
themselves with the execution of manpower directives on Eastern workers.
One of the purposes of this directive was to prevent “inept Factory
heads” from giving “too much consideration for the care of the Eastern
Workers and thereby causing justified annoyance among the German
workers” (_3352-PS_). What “consideration” was in fact meted out to
Eastern Workers in the conspirators’ manpower utilization program is
discussed in Chapter X.
(2) _Schirach participated in the conspiracy to persecute the Churches._
The activity of Schirach in persecuting churches by dissolving religious
youth organizations or by incorporating them in the Hitler Youth has
been set forth above.
Official letters of Martin Bormann and Hans Lammers, in March 1941, show
that church properties in Austria had been confiscated for various
pretexts after Schirach had become Gau Leader and Reich Governor of the
Reichsgau Vienna. Upon a visit of Hitler to Vienna, Schirach and two
other officials raised with him a complaint that the confiscations
should be made in favor of Gaus rather than of the Reich. Thereafter all
Gauleiters were notified that the decision had been made in favor of the
position Schirach had taken before Hitler, namely in favor of the Gaus.
(_R-146_)
(3) _Schirach participated in the conspiracy to persecute the Jews._
Even before assuming his Governmental functions in the Reichsgau Vienna,
Schirach was responsible for encouraging anti-Jewish terror. Before
1939, at a meeting of Heidelberg students of the National Socialist
German Students Bund (NSDStB), Schirach was chief speaker. After
praising the students for devoting so much of their time to the affairs
of the Party,
“* * * he declared that the most important phase of German
University life in the Third Reich was the program of the
NSDStB. He extolled various activities of the Bund. He reminded
the boys of the service they had rendered during the Jewish
purge. Dramatically he pointed across the river to the old
University town of Heidelberg where several burnt-out synagogues
were mute witnesses of the efficiency of Heidelberg students.
Those skeleton buildings would remain there for centuries, as
inspiration for future students, as warning to enemies of the
State.” (_2441-PS_)
Immediately after becoming Gau Leader and Reich Governor of the
Reichsgau Vienna, Schirach’s anti-Jewish measures assumed more
formidable proportions. As early as 7 November 1940, one Dr. Fischer,
“by order” of the Reich Governor Schirach, stated that—
“investigations are being made at present by the Gestapo, to
find out how many able-bodied Jews are still available in order
to make plans for the contemplated mass projects. It is assumed
that there are not many more Jews available. If some still
should be available, however, the Gestapo has no scruples to use
the Jews even for the removal of the destroyed synagogues. SS
Colonel Huber will report personally to the
‘_Regierungspraesident_’ in this matter.” (_1948-PS_)
The _Regierungspraesident_ was Reich Governor Schirach’s personal
representative “within the governmental administration” (_in der
staatlichen Verwaltung_) of the Reichsgau. (_3301-PS_)
The above letter indicates that Schirach and his immediate subordinates
not only knew of the atrocities which had been committed against the
Jews by the Nazi conspirators in the Reichsgau, but also that they
endorsed further forced labor of Jews and worked intimately with the
Gestapo and the SS in their measures of persecution. Within six months
after Schirach became Gau Leader and Reich Governor of Vienna, Dr. Hans
Lammers informed Schirach that—
“the Fuehrer has decided after receipt of one of the reports
made by you, that the 60,000 Jews still residing in the
Reichsgau Vienna, will be deported most rapidly, that is still
during the war, to the General Government because of the housing
shortage prevalent in Vienna.” (_1950-PS_)
Lammers’ letter, dated 3 December 1940, informed Schirach that the
Governor General of Poland, Hans Frank, and the Reichsfuehrer SS,
Himmler, had been informed of the Fuehrer’s decision. (_1950-PS_)
Schirach’s guilt in this connection, by his own admission, however, runs
even deeper. In a statement to the so-called European Youth League in
Vienna in 1942, Schirach stated:
“Every Jew who exerts influence in Europe is a danger to
European culture. If anyone reproaches me with having driven
from this city, which was once the European metropolis of Jewry,
tens of thousands upon tens of thousands of Jews into the ghetto
of the East, I feel myself compelled to reply: I see in this an
action contributing to European culture.” (_3048-PS_)
(4) _Conclusion._ Schirach bears responsibility for rendering
significant aid to the Nazi conspirators in each major phase of the
conspiracy; winning Nazi supporters before the seizure of power;
consolidating the Nazis’ control of Germany after the seizure of power;
preparing for aggressive wars; and conducting aggressive wars. From the
beginning he held important policy-making and administrative positions.
From 1931 to the Nazis’ downfall, he was one of the small group of Reich
Leaders (_Reichsleiter_) of the NSDAP who consorted together, directly
subordinate only to Hitler himself, and who provided the innermost
leaven of the Leadership Corps of the Party. For nearly a decade he was
fully in charge of perpetrating the Nazi regime by poisoning the minds
of the young generation. Although his principal assistance to the
conspiracy was given by his commission of German youth to the
conspirators’ objectives, still he also conspired to wage crimes against
humanity as a Party and governmental administrator of high standing
after the conspiracy had reached its inevitable involvement in war of
aggression.
* * * * *
LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO BALDUR VON SCHIRACH
│ │ │
Document │ Description │ Vol. │ Page
│ │ │
│Charter of the International Military │ │
│ Tribunal, Article 6. │ I │ 5
│International Military Tribunal, │ │
│ Indictment Number 1, Section IV (H);│ │
│ Appendix A. │ I │ 29, 65
│ ———— │ │
│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. │ │
│ ———— │ │
1392-PS │Law on the Hitler Youth, 1 December │ │
│1936. 1936 Reichsgesetzblatt, Part I, │ │
│p. 993. │ III │ 972
│ │ │
*1458-PS │The Hitler Youth by Baldur von │ │
│Schirach, Leipzig, 1934. (USA 667) │ IV │ 22
│ │ │
1462-PS │First Execution Order to the Law of │ │
│the Hitler Youth, 25 March 1939. 1939 │ │
│Reichsgesetzblatt, Part I, p. 709. │ IV │ 44
│ │ │
*1893-PS │Extracts from Organization Book of the│ │
│NSDAP, 1943 edition. (USA 323) │ IV │ 529
│ │ │
*1948-PS │Letter from Governor in Vienna, 7 │ │
│November 1940, evidencing RSHA │ │
│instructions to recruit Jews from │ │
│forced labor. (USA 680) │ IV │ 586
│ │ │
*1950-PS │Secret letter from Lammers to │ │
│defendant von Schirach, 3 December │ │
│1940, concerning deportation of Jews. │ │
│(USA 681) │ IV │ 592
│ │ │
*2229-PS │The Reich Youth Leader at Work, │ │
│published in National Socialist Party │ │
│Press Service Release, 22 June 1933, │ │
│pp. 2-3. (USA 668) │ IV │ 870
│ │ │
2260-PS │Settlement of Relationship between │ │
│NSDAP and Stahlhelm (Steel Helmets) │ │
│published in National Socialist Party │ │
│Press Service release, 21 June 1933. │ IV │ 933
│ │ │
2306-PS │Revolution of Education, by Baldur von│ │
│Schirach, 1938, pp. 51-52, 63. (USA │ │
│860) │ IV │ 997
│ │ │
*2396-PS │Handbook of Collected Youth Laws, Vol.│ │
│I, Group 1, pp. 19a, 19b, 20. (USA │ │
│673) │ V │ 63
│ │ │
*2398-PS │Cooperation of Hitler Jugend with │ │
│Wehrmacht, 11 August 1939, published │ │
│in The Archive, No. 65, August 1939, │ │
│pp. 601-602. (USA 677) │ V │ 66
│ │ │
*2401-PS │The Hitler Youth as recruits for │ │
│future leaders, from Organization Book│ │
│of NSDAP, 1938, pp. 80-81. (USA 430) │ V │ 69
│ │ │
*2441-PS │Affidavit of Gregor Ziemer, 4 October │ │
│1945, from his book “Education for │ │
│Death”. (USA 679) │ V │ 141
│ │ │
*2454-PS │Quotations from speeches of Hitler, │ │
│published in Voelkischer Beobachter, │ │
│Munich edition. (USA 676) │ V │ 196
│ │ │
*2567-PS │Decree signed by Himmler and von │ │
│Schirach, concerning cooperation of HJ│ │
│and SS, printed in The Young Germany, │ │
│Berlin, February 1939. (USA 674) │ V │ 301
│ │ │
*2653-PS │The Way of German Youth, from The │ │
│Third Reich, 5th Year, 1937, pp. │ │
│117-118. (USA 669) │ V │ 359
│ │ │
*2654-PS │Organization and Insignia of the │ │
│Hitler Youth, edited by Reich Youth │ │
│Headquarters of NSDAP. (USA 675) │ V │ 361
│ │ │
*2973-PS │Statement by von Schirach concerning │ │
│positions held. (USA 14) │ V │ 679
│ │ │
*3048-PS │Speech by von Schirach before European│ │
│Youth Congress in Vienna, published in│ │
│Voelkischer Beobachter, 15 September │ │
│1942. (USA 274) │ V │ 776
│ │ │
3054-PS │“The Nazi Plan”, script of a motion │ │
│picture composed of captured German │ │
│film. (USA 167) │ V │ 801
│ │ │
3301-PS │Law concerning construction of │ │
│Administration in Austria, 14 April │ │
│1939. 1939 Reichsgesetzblatt, Part I, │ │
│p. 777. │ V │ 1093
│ │ │
*3302-PS │Affidavit of von Schirach, 4 December │ │
│1945, concerning positions held. (USA │ │
│665) │ V │ 1096
│ │ │
*3348-PS │Young Replacement Problems, published │ │
│in Decrees, Regulations, │ │
│Announcements, Vol. I, pp. 298-9, 303.│ │
│(USA 410) │ VI │ 79
│ │ │
*3349-PS │Press and propaganda Office of Hitler │ │
│Youth, published in Organization Book │ │
│of the NSDAP, 1936, pp. 452-453. (USA │ │
│666) │ VI │ 79
│ │ │
*3352-PS │Manpower, published in Decrees, │ │
│Regulations, Announcements, Vol. II, │ │
│pp. 507-513, 567. (USA 206) │ VI │ 81
│ │ │
*3459-PS │Article on Meeting of Reich Group of │ │
│Young Law Guardians on 19 May 1939, │ │
│from Congress of German Law, 1939. │ │
│(USA 670) │ VI │ 159
│ │ │
*3464-PS │National Socialist Students League │ │
│from Organization Book of NSDAP, 1936 │ │
│and 1937. (USA 666) │ VI │ 166
│ │ │
*3870-PS │Affidavit of Hans Marsalek, 8 April │ │
│1946, concerning Mauthausen │ │
│Concentration Camp and dying statement│ │
│of Franz Ziereis, the Commandant. (USA│ │
│797) │ VI │ 790
│ │ │
*L-360-H │Agreement between the League for │ │
│Germandom in Foreign Countries and the│ │
│Hitler Youth, 6 May 1933. (USA 671) │ VII │ 1108
│ │ │
R-146 │Letter from Bormann to all Gauleiters,│ │
│20 March 1941, enclosing letter of Dr.│ │
│Lammers to the Reich Minister of the │ │
│Interior, 14 March 1941. (USA 678) │ VIII │ 250
│ │ │
*Chart No. 1 │National Socialist German Workers’ │ │
│Party, (2903-PS; USA 2) │ VIII │ 770
17. MARTIN BORMANN
A. _POSITIONS HELD BY BORMANN._
(1) _Between 1925 and 1945 Bormann held the following positions_:
(_a_) Member of the Nazi Party 1925-1945.
(_b_) Member of the Reichstag, November 1933-1945.
(_c_) Member of the Staff of the Supreme Command of the SA, 15 November
1928 to August 1930.
(_d_) Founder and head of _Hilfskasse der NSDAP_, August 1930 to July
1933.
(_e_) Reichsleiter, July 1933-1945.
(_f_) Chief of Staff, Office of the Fuehrer’s Deputy, July 1933 to May
1941.
(_g_) Head of the Party Chancery, 12 May 1941-1945.
(_h_) Secretary of the Fuehrer, 12 April 1943-1945. (_2981-PS_)
(_i_) Member of the Council of Ministers for the Defense of the Reich,
29 May 1942-1945. (_2099-PS_)
(_j_) Political and organizational head of the Volkssturm. (_3018-PS_)
(_k_) General in the SS. (_3234-PS_)
(2) _During this period Bormann also held the following position_:
Member of the Reich Cabinet, 29 May 1941 to 1945. (_2099-PS_)
B. _PROMOTION OF THE ACCESSION TO POWER OF THE NAZI CONSPIRATORS,
ESTABLISHMENT OF TOTALITARIAN CONTROL OVER GERMANY, AND PREPARATION FOR
WAR._
Within the conspiracy Martin Bormann had the managerial task of
operating the Nazis’ Party as a center of control for the benefit of the
conspirators. First as the executive chief of the Nazi Party under Hess,
and since 1941 himself the head of the Party, subject only to Hitler’s
supreme authority, Bormann was a key member of the Nazi conspiracy. The
Party constituted the most powerful instrument of public control at the
disposal of the conspirators. Through the Party the conspirators were
able to gain and retain power in Germany. Through it they imposed their
will on the German nation and obtained its support for their aggressive
wars. Bormann is thus responsible for the crimes committed by the Party
under the orders of the conspirators.
Bormann began his conspiratorial activities more than 20 years ago. In
1922, when only 22 years old, he joined the Organization Rossbach, one
of the armed illegal groups which developed the aggressive traditions of
the German Army and established a regime of terror against the small
pacifist minority in Germany. While he was District Leader of the
Organization for Mecklenburg, he was arrested and tried for his part in
a political terror assassination. On 15 May 1924 he was found guilty by
the State Tribunal for the Protection of the Republic and sentenced to
one year in prison. (_2981-PS_; _3355-PS_)
Upon his release from jail in 1925, Bormann again took up his subversive
activities. First, he joined the Militarist Organization Frontbann.
Then, in the same year, he became a member of the reconstituted Nazi
Party, and began his rise to one of the most influential positions in
the conspiracy. In 1927 he became Press Chief for the Party Gau of
Thuringia. On 1 April 1928 he was made a District Leader in Thuringia,
and Business Manager for the entire Gau.
From 15 November 1928 to August 1930 he was on the Staff of the Supreme
Command of the SA. Thus he participated decisively in the development of
these uniformed shock troops with which the conspirators terrorized and
destroyed their opposition inside Germany. (See Section 4 of chapter XV
on the SA.)
In August 1930 Bormann organized the Aid Fund (_Hilfskasse_) of the Nazi
Party, of which he became the head. Through this Fund he collected large
sums for the Party Treasury, allegedly for the purpose of aiding
families of Party members who had been killed or imprisoned while
“fighting” for the Party. (_3236-PS_)
On 30 January 1933 the conspirators and their Party took over the
government of Germany. Shortly thereafter, in July 1933, Bormann was
given the number-three post in the Party Organization, that of Chief of
Staff to Rudolf Hess, then Hitler’s Deputy. At the same time he was made
a member of the Party Directorate (_Reichsleiter_). In November 1933, he
was made a member of the Reichstag. (_3236-PS_)
As Hess’ Chief of Staff, Bormann was responsible for channeling to him
the demands of the Party in all the fields of government action. These
demands were then imposed by Hess, through his participation in Cabinet
meetings, on legislation, public administration, and appointments.
(_Chart Number 15_; _1395-PS_; _2001-PS_; _D-138_; _3180-PS_)
Bormann also used the Party in order to strengthen the hold of the
Gestapo and the SD over the German people. On 14 February 1935 Bormann
ordered all Party officers to assist the SD in its work described as
“benefiting principally the Party” (_3237-PS_). On 3 September 1935
Bormann ordered Party agencies to hand persons who criticize the Nazi
Party or institutions over to the Gestapo. (_3239-PS_) An order of the
Party Chancery issued on 14 December 1938, demanded closest cooperation
between Party agencies and Gestapo (_1723-PS_).
After the flight of Hess to Scotland on 10 May 1941, Bormann succeeded
him as head of the Party under Hitler, with the title of Chief of the
Party Chancery. In that position he took over all offices and powers
formerly held by Hess, especially his membership in the Cabinet and on
the Ministers’ Council for the Defense of the Reich (_2099-PS_).
Only 8 months later, Hitler issued another Decree which extended
Bormann’s powers even beyond those which had been granted to Hess. By
that Decree Bormann was given extensive control over the preparation of
all laws and directives of the Cabinet, the Fuehrer, and the Ministers’
Council for the Defense of the Reich, and over the appointment of all
public officials (the latter, in Germany, included Judges and university
teachers) (_2100-PS_). Under this legislation Bormann must be held at
least jointly responsible for every law and order issued after 24
January 1942 by which the conspirators carried out their crimes.
This decisive participation of Bormann and the Party agencies under his
direct control in the day-to-day administration of the German war
program was buttressed by the Order of the Ministers’ Council for the
Defense of the Reich, dated 1 December 1942, under which all Party Gau
Leaders were appointed Reich Defense Commissioners and all Gaus became
Reich Defense Districts (_3235-PS_). Under this Order the Gau leaders,
who were Party functionaries under the orders of Bormann, became the
Chief Administrators of the entire civilian war effort, not only in
Germany proper but also in all incorporated territories.
This development constituted the culmination of the integration of Party
and State which had begun almost ten years earlier. From then on, the
Party, through Bormann, became a decisive factor in the initiation and
execution of all German war policies, after having been charged in the
preceding years with much of the political and pre-military preparation
of the German people for the aggressive wars of the Conspirators.
(_3242-PS_)
C. _DISCRIMINATION AGAINST AND PERSECUTION OF OPPOSITION._
Bormann participated actively in the execution of that part of the
conspirators’ program relating to the persecution and destruction of
independent groups which were opposed to the aims of the Conspiracy.
(1) _Persecution of the Churches._ Bormann was among the most relentless
members of the conspirators in the persecution of the churches. In a
secret order of 6 June 1941 he stated bluntly the aim of the
conspirators—to destroy Christianity altogether:
“National Socialist and Christian concepts are irreconcilable *
* *. No human being would know anything of Christianity if it
had not been drilled into him in his childhood by pastors. The
so-called dear God in no wise gives knowledge of his existence
to young people in advance, but in an astonishing manner in
spite of his omnipotence leaves this to the efforts of the
pastors. If, therefore, in the future our youth learns nothing
more of this Christianity whose doctrines are far below ours,
Christianity will disappear by itself.” (_D-75_; see also
_098-PS_)
In pursuance of this aim, Bormann’s first efforts in the conspiracy’s
fight against religion were directed toward the elimination of churchmen
and church influence from the Party itself. On 3 July 1938 a Bormann
order prohibited clergymen from holding Party offices (_113-PS_). A
Bormann circular of 3 June 1939 excluded Christian Scientists from Party
membership (_838-PS_). Bormann Decrees of 9 February 1937 and 14 July
1939 excluded clergymen and theology students from membership in the
Nazi Party (_840-PS_). And a Bormann directive of 17 June 1938,
prohibited all religious activities by members of the Labor Service.
(_107-PS_)
Bormann also opposed religious instruction in the schools. A letter from
Bormann’s office to Rosenberg on 25 April 1941 reported success in
reducing the holding of religious morning services in schools and
proposed the substitution of National Socialist school services.
(_070-PS_)
In order further to weaken the churches, Bormann enforced the
elimination of numerous Catholic and Protestant Divinity Schools in
Germany and Austria. In a letter to The Minister of Education, dated 24
January 1939, Bormann denied the scientific value of theological
instruction and suggested a legal basis for the suppression and
restriction of Divinity Schools (_116-PS_). This was followed by a
report of The Ministry of Education, dated 6 April 1939, concerning the
suppression and consolidation of Divinity Schools (_122-PS_). A
confidential letter from Bormann to The Minister of Education, dated 23
June 1939, in reply to memorandum of 6 April 1939 (_122-PS_), reported
the Party’s decision to order the suppression of numerous Divinity
Schools (_123-PS_). In a letter to Rosenberg on 12 December 1939 Bormann
agreed with the suggestion that the University Chairs belonging to the
Divinity School in the University of Munich be used for instructors at
the Nazi Academy (_Hohe Schule_). (_131-PS_)
Bormann also used his power and position in order to demand that other
government departments deprive the churches of their property and
subject them to a discriminatory legal regime. A Bormann letter to The
Reich Minister of Finance in January 1940, demanded that church
assessments for special war tax be greatly increased (_099-PS_). In a
letter to Amann on 8 March 1940, Bormann demanded reduction in the paper
allotment of church publications (_089-PS_). A Bormann letter to
Rosenberg on 24 June 1940 submitted the draft of a discriminatory church
law for Danzig and West Prussia (_066-PS_). Throughout 1940-1941 Bormann
corresponded with numerous officials concerning confiscation of
religious art treasures. (_1600-PS_)
Finally, as the war took an increasing part of Germany’s youth into the
Armed Forces, Bormann insisted that soldiers be removed from all
religious influence. In a letter to the Army High Command in January
1939, Bormann opposed the establishment of an Army Corps of Chaplains
(_117-PS_). A Bormann letter to Rosenberg on 17 January 1940 suggested
the publication of special Nazi literature for members of the
_Wehrmacht_ in order to replace religious literature which the writer
had as yet been unable to suppress completely (_101-PS_). In a letter to
Rosenberg the next day (18 January 1940) Bormann stated that the
publication of Nazi literature for Army recruits as a countermeasure to
the circulation of religious writings was “the most essential demand of
the hour.” (_100-PS_)
When the prosecution of this anti-Church program was turned over to the
RSHA under Himmler, the “Church Specialists” of that organization
received clear instructions as to the aims which the Conspirators wanted
them to achieve, at a meeting of the “Church Specialists” called for
that purpose on 26 September 1941:
“The immediate aim: the church must not regain one inch of the
ground it has lost.
“The ultimate aim: destruction of the churches to be brought
about by the collection of all material obtained through
_Nachrichtendienst_ activities, which will, at a given time, be
produced as evidence for the charge of treasonable activities
during the German fight for existence.” (_1815-PS_)
Five years earlier, Bormann had already issued an order to all Party
members demanding that they turn priests who criticized the Party over
to the Gestapo (_3246-PS_). Bormann thus bears responsibility for the
mistreatment of priests in concentration camps throughout these years.
(_3249-PS_)
(2) _Persecution of the Jews._ It was Bormann who was charged by Hitler
with the transmission and implementation of the latter’s instructions
for the “liquidation” of the Jewish population in Germany.
After the pogrom of 8-9 November 1938, Bormann, acting on orders of
Hitler, instructed Goering to proceed to the “final settlement of the
Jewish question” in Germany. (_1816-PS_)
As a result of this conference a series of anti-Jewish decrees were
issued. A Bormann order of 17 January 1939 demanded compliance with new
regulations under which Jews were denied access to housing, travel, and
other facilities. (_069-PS_; see _1409-PS_)
Bormann also acted through other government agencies to wipe out the
economic existence of a large part of the Jewish population. A Bormann
order of 8 January 1937 communicated an order by Frick, issued at his
instigation, that government employees who consult Jewish doctors,
lawyers, etc., will be denied financial assistance. (_3240-PS_)
In addition to these purely economic measures Bormann, again acting on
instructions from Hitler, caused Goering to issue a secret order
severely restricting the living conditions of Jews in Germany.
(_841-PS_)
After the outbreak of the war these anti-Jewish measures increased in
intensity and brutality. Thus, Bormann participated in the issuance of
rulings under which 60,000 Jewish inhabitants of Vienna were deported to
the Government General of Poland, in cooperation with the SS and the
Gestapo. (_1950-PS_)
After Bormann succeeded Hess as the executive head of the Party, he was
one of the prime movers in the campaign of total spoliation, starvation,
and extermination of the Jews living under the rule of the Conspirators.
A Bormann order of 23 October 1942 announced a Ministry of Foods decree,
issued at his instigation, depriving Jews of many essential food items,
and of all special sickness and pregnancy rations, and ordering the
confiscation of food parcels (_3243-PS_). On 9 October 1942 Bormann
ordered that the problem of eliminating forever the millions of Jews
from Greater German territory could no longer be solved by emigration
but only by the application of “ruthless force” in special camps in the
East (_3244-PS_). The Thirteenth Ordinance under The Reich Citizen Law
of 1 July 1943 (RGBl, 1943, Part I, p. 372), signed by Bormann,
completely excluded Jews from the ordinary courts and handed them over
to the exclusive jurisdiction of Himmler’s police. (_1422-PS_; see also
_3085-PS_)
D. _THE CONSPIRACY TO COMMIT WAR CRIMES._
Bormann’s broad powers over all political aspects of the war as a member
of the Reich Cabinet and the Ministers’ Council for the Defense of the
Reich, and as executive head of the Party, were buttressed by the
creation of the post of Secretary of the Fuehrer, to which he was
appointed on 12 April 1943 (_2981-PS_). In that position Bormann
participated in all Hitler’s conferences and became involved in the
planning of war crimes by his co-conspirators.
Even before April 1943, however, Bormann took part in planning the basic
war policies of the conspiracy. Thus, on 16 July 1941, just three weeks
after the invasion of USSR Territory, Bormann participated in a
conference at Hitler’s field headquarters with Goering, Rosenberg,
Keitel, and Reich Minister Lammers. This conference resulted in the
adoption of detailed plans for the enslavement, depopulation, and
annexation of extensive territories in Russia and other countries of
Eastern Europe. In his report on this conference, Bormann included
numerous suggestions of his own for the effective execution of these
plans. (_L-221_)
During subsequent years, Bormann took a prominent part in the
implementation of this conspiratorial program. A conference on Eastern
Territories between Hitler, Rosenberg, Lammers, and Bormann on 8 May
1942, concerned _inter alia_ the suppression of religious freedom, the
forceable resettlement of Dutch peasants in Latvia, the extermination
program in Russia, and the economic exploitation of Eastern Territories
(_1520-PS_). Rosenberg and Bormann corresponded concerning the
confiscation of property, especially art treasures, in the East
(_072-PS_; _071-PS_). A secret Bormann letter of 11 January 1944
discussed large-scale organization for the withdrawal of commodities
from occupied territories for the use of the bombed-out population in
Germany. (_061-PS_; see also _327-PS_)
At the same time, Bormann issued a series of orders establishing Party
jurisdiction over the treatment of prisoners of war, especially when
employed as forced labor (_232-PS_). In the exercise of that
jurisdiction, he called for excessively harsh and brutal treatment of
Allied Prisoners of War. Bormann issued instructions on 5 November 1941
prohibiting decent burials with religious ceremonies for Russian
Prisoners of War (_D-163_). A Bormann circular of 25 November 1943
demanded harsher treatment of prisoners of war and the fuller
utilization of their man-power (_228-PS_). In a secret circular
transmitting OKH instructions of 29 January 1943, Bormann provided for
the enforcement of labor demands on Prisoners of War through the use of
fire-arms and corporal punishment. (_656-PS_)
These instructions issued by Bormann culminated in the decree of
September 30 1944, signed by him. This decree took jurisdiction over all
prisoners of war out of the hands of the OKW, handed them over to the
control of Himmler, and provided that all prisoner of war camp
commanders should be under the orders of the local SS Commanders
(_058-PS_). Through this order, Himmler was enabled to proceed with his
program of extermination of Prisoners of War. Bormann also bears part of
the responsibility for the organized lynching of Allied airmen. As early
as March 1940 Hess had ordered all Party leaders to instruct the
civilian population to “arrest or liquidate” all bailed-out allied
fliers (_062-PS_). In order to assure the success of this scheme Bormann
issued a secret circular prohibiting any police measures or criminal
proceedings against civilians who had lynched British or American fliers
(_057-PS_). For the execution of these decrees, regulations were issued
to cover the systematic application of Lynch Law against captured Allied
airmen (_735-PS_). That such lynchings actually took place has since
been fully established in a series of American Military Commission
proceedings, which resulted in the conviction of German civilians for
the murder of Allied fliers. (_2559-PS_; _2560-PS_; _2561-PS_)
E. _THE CONSPIRACY TO COMMIT CRIMES AGAINST HUMANITY._
Bormann played an important role in the administration of the forced
labor program. A Bormann circular of 5 May 1943 contained detailed
directions as to the treatment of foreign workers, stating especially
that they were subject to SS control for all security matters and that
differentiation between them and Germans was all-important (_205-PS_).
At a conference held on 4 September 1942 it was decided that recruiting,
mobilization, and treatment of 500,000 female domestic workers from the
East would be handled exclusively by Sauckel, Himmler, and Bormann.
(_025-PS_; see also _D-226_)
Bormann also imposed his views on the administration of the occupied
areas and insisted on the ruthless exploitation of the subjected
populations in the East. His views were stated in an official memorandum
of the Ministry for the Eastern Territories, headed by Rosenberg, in
which they were described as governing actual administrative practice in
the East:
“The Slavs are to work for us. In so far as we don’t need them,
they may die. Therefore compulsory vaccination and German health
services are superfluous. The fertility of the Slavs is
undesirable. They may use contraceptives or practice abortion,
the more the better. Education is dangerous. It is enough if
they can count up to 100. At best an education which produces
useful stooges for us is admissible. Every educated person is a
future enemy. Religion we leave to them as a means of diversion.
As for food they won’t get any more than is necessary. We are
the masters, we come first.” (_R-36_)
A secret conference on 12 January 1943 discussed Bormann’s order of 12
August 1942 under which all Party agencies were placed at Himmler’s
disposal for the latter’s program of forced resettlement and
denationalization of occupied populations (_705-PS_). Correspondence
from the Office of the Fuehrer’s Deputy reveals Bormann’s demands that
non-German populations of occupied territories be subjected to a special
discriminatory legal regime (_R-139_). An agreement between Thierack and
Himmler was made at Bormann’s suggestion, under which all Eastern
populations are subjected to brutal police regime, and under which all
disputes between the parties to the agreement are to be settled by
Bormann. (_654-PS_)
In issuing these orders Bormann took a large part in the conspiracy to
exterminate millions of people in the Eastern occupied areas.
F. _CONCLUSION._
Martin Bormann, only 45 years old at the time of Germany’s defeat,
devoted his entire adult life to the Nazi conspiracy. When he joined the
Nazi Party at the age of 25 he had already been active for several years
in conspiratorial and terroristic organizations working secretly to
prepare Germany for war, and had spent one year in jail for his
participation in a political murder.
Bormann’s important contribution to the conspiracy remained throughout
in the sphere of the Nazi Party. First, as Chief of Staff to Hess, the
Fuehrer’s Deputy, then as Head of the Party Chancery, he managed the
entire organization of the Party in the service of the conspiracy. He
was responsible for channelling the Party’s demands concerning
legislation, education, civil service, and all other fields of public
and private life to Hess, who was a member of the Reich Cabinet, which
was then Germany’s legislative, administrative, and judicial organ.
Thus, Bormann advanced the Party’s conspiratorial program through the
control of his co-conspirators over the German government machinery. He
used this power for various criminal purposes, among them the
persecution of the independent churches, demanding their complete
elimination from German life on the ground that Christianity and
National Socialism were irreconcilable.
After having acceded in 1941 to the highest position in the Nazi Party,
directly under Hitler, Bormann exercised the broadest influence in the
direction of Germany’s aggressive wars. Here he acted in two capacities:
(1) As executive head of the Party he commanded the Party Gauleaders
who, as District Defense Commissioners, controlled all civilian and
political war activities in German and the annexed territories. In that
position he became responsible for the multiple war crimes committed by
the German civilian population, especially the lynching of allied flying
personnel, and the cruel mistreatment of forced laborers.
(2) As Secretary to the Fuehrer, Bormann took an active part in the
policy-making conferences and discussions of Hitler and his political
and military staffs. Here, Bormann became jointly responsible for the
illegal annexation of Allied territories, the enslavement and spoliation
of the civilian population in occupied countries, and the planned
persecution and extermination of the populations in Eastern territories
especially the Jews.
* * * * *
LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO MARTIN BORMANN
│ │ │
Document │ Description │ Vol. │ Page
│ │ │
│Charter of the International Military │ │
│ Tribunal, Article 6. │ I │ 5
│International Military Tribunal, │ │
│ Indictment Number 1, Section IV (H);│ │
│ Appendix A. │ I │ 29, 60
│ ———— │ │
│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. │ │
│ ———— │ │
*025-PS │Conference report of 4 September 1942 │ │
│concerning the importation of domestic│ │
│workers from the East into the Reich. │ │
│(USA 698) │ III │ 67
│ │ │
057-PS │Circular letter from Bormann to │ │
│Political Leaders, 30 May 1944, │ │
│concerning justice exercised by people│ │
│against Anglo-American murderers. (USA│ │
│329) │ III │ 102
│ │ │
*058-PS │Hitler Order of 30 September 1944 │ │
│concerning reorganization of the │ │
│concerns of prisoners of war. (USA │ │
│456) │ III │ 103
│ │ │
*061-PS │Secret Bormann letter, 11 January │ │
│1944, concerning large-scale │ │
│organization for withdrawal of │ │
│commodities from occupied territories │ │
│for use of bombed-out population in │ │
│Germany. (USA 692) │ III │ 105
│ │ │
*062-PS │Top secret Hess directive of 13 March │ │
│1940, concerning behavior in case of │ │
│landings of enemy planes or │ │
│parachutists. (USA 696) │ III │ 107
│ │ │
*066-PS │Bormann letter to Rosenberg, 24 June │ │
│1940, submitting draft for │ │
│discriminatory church law for Danzig │ │
│and West Prussia. (USA 689) │ III │ 112
│ │ │
*069-PS │Letter from Bormann to Rosenberg, 17 │ │
│January 1939, enclosing order of 28 │ │
│December 1938, concerning decisions on│ │
│Jewish question. (USA 589) │ III │ 116
│ │ │
*070-PS │Letter of Deputy Fuehrer to Rosenberg,│ │
│25 April 1941, on substitution of │ │
│National Socialist mottos for morning │ │
│prayers in schools. (USA 349) │ III │ 118
│ │ │
*071-PS │Rosenberg letter to Bormann, 23 April │ │
│1941, replying to Bormann’s letter of │ │
│19 April 1941 (Document 072-PS). (USA │ │
│371) │ III │ 119
│ │ │
*072-PS │Bormann letter to Rosenberg, 19 April │ │
│1941, concerning confiscation of │ │
│property, especially of art treasures │ │
│in the East. (USA 357) │ III │ 122
│ │ │
089-PS │Letter from Bormann to Rosenberg, 8 │ │
│March 1940, instructing Amann not to │ │
│issue further newsprint to │ │
│confessional newspapers. (USA 360) │ III │ 147
│ │ │
*098-PS │Bormann’s letter to Rosenberg, 22 │ │
│February 1940, urging creation of │ │
│National Socialist Catechism, etc. to │ │
│provide moral foundation for NS │ │
│religion. (USA 350) │ III │ 152
│ │ │
*099-PS │Bormann letter to Reich Minister of │ │
│Finance, January 1940, demanding that │ │
│church assessments for the special war│ │
│tax be greatly increased. (USA 688) │ III │ 158
│ │ │
*100-PS │Bormann’s letter to Rosenberg, 18 │ │
│January 1940, urging preparation of │ │
│National Socialist reading material to│ │
│replace Christian literature for │ │
│soldiers. (USA 691) │ III │ 160
│ │ │
*101-PS │Letter from Hess’ office signed │ │
│Bormann to Rosenberg, 17 January 1940,│ │
│concerning undesirability of religious│ │
│literature for members of the │ │
│Wehrmacht. (USA 361) │ III │ 160
│ │ │
*107-PS │Circular letter signed Bormann, 17 │ │
│June 1938, enclosing directions │ │
│prohibiting participation of │ │
│Reichsarbeitsdienst in religious │ │
│celebrations. (USA 351) │ III │ 162
│ │ │
*113-PS │Secret Order issued by Hess’ Office │ │
│signed Bormann, 27 July 1938, making │ │
│clergymen ineligible for Party │ │
│offices. (USA 683) │ III │ 164
│ │ │
*116-PS │Bormann’s letter to Rosenberg, │ │
│enclosing copy of letter, 24 January │ │
│1939, to Minister of Education │ │
│requesting restriction or elimination │ │
│of theological faculties. (USA 685) │ III │ 165
│ │ │
117-PS │Bormann letter to Army High Command, │ │
│28 January 1939, opposing the │ │
│establishment of an Army Corps of │ │
│Chaplains. │ III │ 167
│ │ │
*122-PS │Bormann’s letter to Rosenberg, 17 │ │
│April 1939, enclosing copy of Minister│ │
│of Education letter, 6 April 1939, on │ │
│elimination of theological faculties │ │
│in various universities. (USA 362) │ III │ 173
│ │ │
*123-PS │Confidential letter from Bormann to │ │
│Minister of Education, 23 June 1939, │ │
│in reply to memorandum of 6 April 1939│ │
│(122-PS) reporting the Party’s │ │
│decision to order the suppression of │ │
│numerous Divinity Schools. (USA 686) │ III │ 175
│ │ │
*131-PS │Bormann letter to Rosenberg, 12 │ │
│December 1939, agreeing with │ │
│suggestion that the University Chairs │ │
│belonging to the Divinity School in │ │
│the University of Munich be used for │ │
│instructors at the Nazi Academy (Hohe │ │
│Schule). (USA 687) │ III │ 184
│ │ │
205-PS │Bormann Circular, 5 May 1943, │ │
│containing detailed directions as to │ │
│the treatment of foreign workers │ │
│employed within the Reich. │ III │ 218
│ │ │
*228-PS │Bormann Circular, 25 November 1943, │ │
│demanding harsher treatment of │ │
│Prisoners of War and the fuller │ │
│utilization of their manpower. (USA │ │
│695) │ III │ 225
│ │ │
*232-PS │Bormann Order of 13 September 1944 │ │
│establishing Party jurisdiction over │ │
│the use of Prisoners of War for forced│ │
│labor. (USA 693) │ III │ 229
│ │ │
327-PS │Letter of Rosenberg to Bormann, 17 │ │
│October 1944, concerning liquidation │ │
│of property in Eastern Occupied │ │
│Territories. (USA 338) │ III │ 257
│ │ │
*654-PS │Thierack’s notes, 18 September 1942, │ │
│on discussion with Himmler concerning │ │
│delivery of Jews to Himmler for │ │
│extermination through work. (USA 218) │ III │ 467
│ │ │
*656-PS │Letter, undated, from Bormann to │ │
│Political leaders, enclosing Order of │ │
│Supreme Command of the Wehrmacht, 29 │ │
│January 1943, relating to self-defense│ │
│against prisoners of war. (USA 339) │ III │ 470
│ │ │
705-PS │Secret conference, 12 January 1943, of│ │
│the SS-Committee for General Labor in │ │
│the German Zone. │ III │ 511
│ │ │
*735-PS │Minutes of meeting, 6 June 1944, to │ │
│fix the cases in which the application│ │
│of Lynch Law against Allied airmen │ │
│would be justified. (GB 151) │ III │ 533
│ │ │
*838-PS │Letter from Hess’ office signed │ │
│Bormann, 3 June 1939, referring to │ │
│Hitler’s Decree of 6 March 1939 which │ │
│precluded Christian Scientists from │ │
│joining the Party. (USA 684) │ III │ 605
│ │ │
*840-PS │Party Directive, 14 July 1939, making │ │
│clergy and theology students │ │
│ineligible for Party membership. (USA │ │
│355) │ III │ 606
│ │ │
841-PS │Secret Order of Goering, 28 December │ │
│1938, concerning Jewish problem. │ III │ 606
│ │ │
1395-PS │Law to insure the unity of Party and │ │
│State, 1 December 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 1016. │ │
│(GB 252) │ III │ 978
│ │ │
1409-PS │Order concerning utilization of Jewish│ │
│property, 3 December 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 1709. │ IV │ 1
│ │ │
1422-PS │Thirteenth regulation under Reich │ │
│Citizenship Law, 1 July 1943. 1943 │ │
│Reichsgesetzblatt, Part I, p. 372. │ IV │ 14
│ │ │
*1520-PS │Memorandum of conference, 8 May 1942 │ │
│between Hitler, Rosenberg, Lammers, │ │
│Bormann. (GB 156) │ IV │ 65
│ │ │
*1600-PS │Bormann correspondence, 1940-1941, │ │
│concerning confiscation of religious │ │
│art treasures. (USA 690) │ IV │ 128
│ │ │
*1723-PS │Order concerning cooperation of Party │ │
│offices with the Secret State Police, │ │
│25 January 1938, published in Decrees,│ │
│Regulations, Announcements, 1937, Vol.│ │
│II, pp. 430-439. (USA 206) │ IV │ 219
│ │ │
*1815-PS │Documents on RSHA meeting concerning │ │
│the study and treatment of church │ │
│politics. (USA 510) │ IV │ 415
│ │ │
*1816-PS │Stenographic report of the meeting on │ │
│The Jewish Question, under the │ │
│Chairmanship of Fieldmarshal Goering, │ │
│12 November 1938. (USA 261) │ IV │ 425
│ │ │
*1950-PS │Secret letter from Lammers to │ │
│defendant von Schirach, 3 December │ │
│1940, concerning deportation of Jews. │ │
│(USA 681) │ IV │ 592
│ │ │
2001-PS │Law to Remove the Distress of People │ │
│and State, 24 March 1933. 1933 │ │
│Reichsgesetzblatt, Part I, p. 141. │ IV │ 638
│ │ │
2099-PS │Fuehrer decree relating to Chief of │ │
│Party Chancellery of 29 May 1941. 1941│ │
│Reichsgesetzblatt, Part I, p. 295. │ IV │ 725
│ │ │
2100-PS │Decree on position of leader of Party │ │
│Chancellery, 24 January 1942. 1942 │ │
│Reichsgesetzblatt, Part I, p. 35. │ IV │ 726
│ │ │
2559-PS │Military Commission Order No. 2, │ │
│Headquarters Fifteenth U. S. Army, 25 │ │
│June 1945, concerning trial of German │ │
│civilian by U. S. Military Commission.│ V │ 294
│ │ │
2560-PS │Military Commission Order No. 5, │ │
│Headquarters Third U. S. Army and │ │
│Eastern Military District, 18 October │ │
│1945, concerning trial of German │ │
│national by U. S. Military Commission.│ V │ 296
│ │ │
2561-PS │Military Commission Order No. 3, │ │
│Headquarters Third U. S. Army, 4 │ │
│October 1945, concerning trial of four│ │
│German nationals by U. S. Military │ │
│Commission. │ V │ 298
│ │ │
2981-PS │Biographical information on Martin │ │
│Bormann, published in The Greater │ │
│German Reichstag, 1943, p. 167. │ V │ 686
│ │ │
3018-PS │Hitler decree of 18 October 1944 in │ │
│Voelkischer Beobachter, South German │ │
│Edition, 20 October 1944, p. 1. │ V │ 736
│ │ │
3085-PS │Himmler’s ordinance of 3 July 1943 │ │
│charging Gestapo with execution of │ │
│Thirteenth Ordinance under Reich │ │
│Citizen Law. 1943 Ministerial Gazette │ │
│of Reich and Prussian Ministry of │ │
│Interior, p. 1085. │ V │ 892
│ │ │
3180-PS │Decree providing for the participation│ │
│of the Fuehrer’s Deputy in appointment│ │
│of officials, 24 September 1935. 1935 │ │
│Reichsgesetzblatt, Part I, p. 1203. │ V │ 918
│ │ │
3234-PS │Promotions in the SS, published in The│ │
│Archive, July 1940, p. 399. │ V │ 938
│ │ │
3235-PS │Every Party Region Becomes a Reich │ │
│Defense District, from The Archive, │ │
│December 1942, p. 805. │ V │ 938
│ │ │
3236-PS │Biographical material on Martin │ │
│Bormann, published in The German │ │
│Reichstag, 1936, p. 113. │ V │ 939
│ │ │
3237-PS │Bormann Order of 14 February 1935, │ │
│demanding that all Party officers │ │
│assist the SD in its work, published │ │
│in Decrees of the Deputy of the │ │
│Fuehrer. │ V │ 939
│ │ │
3239-PS │Bormann Order of 3 September 1935 │ │
│calling on Party agencies to hand │ │
│persons who criticize the Nazi Party │ │
│or institutions over to Gestapo, │ │
│published in Decrees of the Deputy of │ │
│the Fuehrer. │ V │ 940
│ │ │
3240-PS │Bormann Order of 8 January 1937 │ │
│concerning refusal of financial │ │
│assistance to patients who consult │ │
│Jewish Doctors, published in Decrees │ │
│of the Fuehrer’s Deputy. │ V │ 941
│ │ │
3242-PS │The Reich Offices of the NSDAP, │ │
│published in National Socialist │ │
│Yearbook, 1944, pp. 181-182. │ V │ 941
│ │ │
3243-PS │Food Supply of the Jews, published in │ │
│Decrees, Orders, Announcements, Vol. │ │
│II, pp. 147-150. │ V │ 944
│ │ │
3244-PS │Preparatory Measures for the Solution │ │
│of the Jewish Problem in Europe, │ │
│published in Decrees, Regulations, │ │
│Announcements, Vol. 2, pp. 131-132. │ V │ 945
│ │ │
3246-PS │Bormann Order of 7 January 1936, │ │
│published in Decrees of the Deputy of │ │
│the Fuehrer. │ V │ 948
│ │ │
*3249-PS │Affidavit of Dr. Franz Blaha, 24 │ │
│November 1945. (USA 663) │ V │ 949
│ │ │
*3355-PS │Affidavit of Robert M. W. Kempner, 8 │ │
│December 1945. (USA 682) │ VI │ 85
│ │ │
3569-PS │Private will and testament and │ │
│political will of Adolf Hitler, 29 │ │
│April 1945. │ VI │ 258
│ │ │
3734-PS │Summary of Interrogation of Hanna │ │
│Reitsch, 8 October 1945. │ VI │ 551
│ │ │
3735-PS │Testimony of Erich Kempka on the last │ │
│days of Hitler. │ VI │ 571
│ │ │
*D-75 │SD Inspector Bierkamp’s letter, 12 │ │
│December 1941, to RSHA enclosing copy │ │
│of secret decree signed by Bormann, │ │
│entitled Relationship of National │ │
│Socialism and Christianity. (USA 348) │ VI │ 1035
│ │ │
*D-138 │Decree of 27 July 1934, providing for │ │
│participation of Fuehrer’s deputy in │ │
│the drafting of all legislation. (USA │ │
│403) │ VI │ 1055
│ │ │
*D-163 │Bormann instructions, 5 November 1941,│ │
│prohibiting burials with religious │ │
│ceremonies for Russian Prisoners of │ │
│War. (USA 694) │ VI │ 1067
│ │ │
*D-226 │Speer circular of 10 November 1944, │ │
│distributing Himmler’s decree for │ │
│ensuring the discipline and output of │ │
│foreign workers. (USA 697) │ VI │ 1088
│ │ │
*D-753-A │Letter from Lammers to Bormann, 1 │ │
│January 1945. (GB 323) │ VII │ 214
│ │ │
D-753-B │Letter from Bormann to Lammers, 5 │ │
│January 1945. (GB 323) │ VII │ 219
│ │ │
*L-172 │“The Strategic Position at the │ │
│Beginning of the 5th Year of War”, a │ │
│lecture delivered by Jodl on 7 │ │
│November 1943 at Munich to Reich and │ │
│Gauleiters. (USA 34) │ VII │ 920
│ │ │
*L-221 │Bormann report on conference of 16 │ │
│July 1941, concerning treatment of │ │
│Eastern populations and territories. │ │
│(USA 317) │ VII │ 1086
│ │ │
*R-36 │Memorandum to Rosenberg, 19 August │ │
│1942, concerning Bormann letter of 23 │ │
│July 1942, prepared by an official in │ │
│the Rosenberg Ministry. (USA 699) │ VIII │ 52
│ │ │
R-139 │Correspondence between Hess’ office │ │
│and the Ministry of Justice concerning│ │
│civil law in Eastern Territories. │ VIII │ 209
│ │ │
*Chart No. 1 │National Socialist German Workers’ │ │
│Party. (2903-PS; USA 2) │ VIII │ 770
18. FRANZ VON PAPEN
A. _POSITIONS HELD BY VON PAPEN._
(1) _Awarded the Golden Party Badge by Hitler, thereby becoming member
of NSDAP_ (_2902-PS_; _Das Archiv_ vol. 48, p. 1614).
(2) _Member of Reichstag_, 1933-1945 (_2902-PS_).
(3) _Reich Chancellor, 1 June 1932 to 2 December 1932, acting pro-tem
between 17 November and 2 December_ (_2902-PS_).
(4) _Vice Chancellor, 30 January 1933 to August 1934_ (?) (Papen admits
holding office only to 30 June 1934; he also admits that decrees
published on 1 and 2 August 1934 carry his signature as Vice-Chancellor,
but claims this was either mistake or forgery) (_2902-PS_).
(5) _Special Plenipotentiary for the Saar_ (13 November 1933 to 30 June
1934) (_2902-PS_).
(6) _Negotiator of Concordat with Vatican_ (concluded 20 July 1933)
(_2655-PS_).
(7) _German Ambassador at Vienna (26 July 1934 to 4 February 1938),
continuing thereafter to arrange Berchtesgaden meeting between Hitler
and Schuschnigg and to participate in meeting itself_ (_2902-PS_).
B. _AS EX-REICH CHANCELLOR AND PROMINENT POLITICAL LEADER, VON PAPEN
USED HIS PERSONAL INFLUENCE TO PROMOTE THE ACCESSION OF THE NAZIS TO
POWER._
(1) _When von Papen began these efforts he was well aware of the Nazi
program and Nazi methods._ The official NSDAP program was open and
notorious. For many years it had been published and republished in the
Yearbook of the NSDAP and elsewhere. The Nazis made no secret of their
intention to make it the fundamental law of the State. The first three
points of this program forecast a foreign policy predicated upon the
absorption of “Germanic” populations outside the boundaries of the
Reich, the abrogation of Versailles treaty limitations, and the
acquisition of “_Lebensraum_.” Points 4 to 8 foretold the ruthless
elimination of the Jews, and the 25th point demanded “unlimited
authority” of the central regime over the entire Reich as a means “for
the execution of all this” (_1708-PS_).
Hitler and the other leaders of the Party repeatedly reiterated these
views before 1933. Hitler himself subsequently pointed out that there
was no excuse for misinterpreting Nazi intentions:
“When I came to power in 1933, our path lay unmistakably before
us. Our internal policy had been, exactly defined by our
fifteen-year-old struggle. Our program, repeated a thousand
times, obligated us to the German people. I should be a man
without honor, worthy of being stoned, had I retracted a single
step of the program I then enunciated * * *”
* * * * * *
“My foreign policy had identical aims. My program was to abolish
the Treaty of Versailles. It is futile nonsense for the rest of
the world to pretend today that I did not reveal this program
until 1933 or 1935 or 1937. Instead of listening to the foolish
chatter of emigres, these gentlemen would have been wiser to
read what I have written thousands of times.” (_2541-PS_)
Hitler and other Nazi leaders repeatedly made clear their willingness to
use force if necessary to achieve their purposes. They glorified war.
_Mein Kampf_ is replete with early evidence of such intentions, which
subsequently were reaffirmed from time to time in the years preceding
1933 (_D-660_; _2771-PS_; _2512-PS_).
The Nazi leaders prior to 1933 had openly declared their intentions to
subvert democratic processes as a means to achieve their purposes, and
to this end to harass and embarrass democratic forces at every turn.
Thus Hitler himself had declared that,
“We shall become members of all constitutional bodies, and in
this manner make the Party the decisive factor. Of course, when
we possess all constitutional rights we shall then mould the
State into the form we consider to be the right one.”
(_2512-PS_)
Frick, writing in the National Socialist Yearbook, declared:
“Our participation in the parliament does not indicate a
support, but rather an undermining of the parliamentarian
system. It does not indicate that we renounce our
anti-parliamentarian attitude, but that we are fighting the
enemy with his own weapons and that we are fighting for our
National Socialist goal from the parliamentary platform.”
(_2742-PS_)
The practical application of these purposes was thus subsequently
described by a leading Nazi constitutional authority, Ernst Rudolf
Huber:
“It was necessary above all to make formal use of the
possibilities of the party-state system but to refuse real
cooperation and thereby to render the parliamentary system,
which is by nature dependent upon the responsible cooperation of
the opposition, incapable of action.” (_2633-PS_).
This practical application of Nazi purposes and methods was manifest at
the time von Papen was a member of the Reichstag and Vice Chancellor. By
this time the Nazi members of the Reichstag were engaging in tactics of
disturbance which finally culminated in physical attacks upon members of
the Reichstag and upon visitors, and were using terroristic measures to
assure their election (_L-83_).
Von Papen not only had the opportunity to observe early manifestations
of Nazi violence and irresponsibility. He fully understood the true
character of the Nazi menace before 1933 and publicly condemned it.
At the time of the German elections in the summer of 1932, von Papen,
President Hindenburg, and certain other German leaders were hoping that
the rising Nazi menace would be dissipated by providing for National
Socialist participation in a rightist-centrist government. Hitler
refused all overtures inviting such participation, even when suggested
by President Hindenburg himself, insisting upon assuming the
chancellorship without obligation to other parties. Hitler’s refusal at
this time to collaborate with Hindenburg and Papen marked the beginning
of a series of public declarations in which von Papen revealed a clear
understanding of Nazi methods and objections. Thus, on the occasion of
his Munster speech of 28 August 1932 von Papen declared:
“The licentiousness emanating from the appeal of the leader of
the National Socialist Movement does not comply very well with
his claims to governmental power.”
* * * * * *
“I do not concede him the right to regard the mere minority
following his banner solely as the German nation, and to treat
all our fellow countrymen as ‘free game’.”
* * * * * *
“I am advocating the constitutional state, the community of the
people, law and order in government. In doing so, it is I, and
not he, who is carrying on the struggle against the domination
of parties, against arbitrarianism and injustice, a struggle
which millions of his supporters had been wholeheartedly longing
for years to fight.”
* * * * * *
“I am firmly determined to stamp out the smouldering flame of
civil war, to put an end to political unrest and political
violence, which today is still such a great obstacle to the
positive work representing the sole task of the State.”
(_3314-PS_)
Writing in the September 1932 issue of the periodical “_Volk und
Reich_,” von Papen declared:
“The present situation clearly shows that party domination and
State leadership are concepts incompatible with one another. It
is conceivable theoretically that a party might gain the
majority in parliament and claims the government (State
leadership) for itself. The NSDAP has proclaimed this
theoretical possibility as its practical goal and has come very
close to attaining it. It is to be hoped that the leaders of
this movement will place the nation above the party and will
thus lend a visible expression to the faith of millions looking
for a way out of the spiritual and material distress of the
nation provided also by the leadership of the State.”
* * * * * *
“* * * The hope in the hearts of millions of national socialists
can be fulfilled only by an authoritarian government. The
problem of forming a cabinet on the basis of a parliamentary
coalition has again been brought into the field of public
political discussion. If such negotiations, in the face of
growing distress, are conducted with the motif of destroying the
political opponent by the failure of his governmental activity,
this is a dangerous game against which one cannot warn enough.
In the last analysis such plans can mean nothing else but a
tactics which counts on the possibility that matters get worse
for the people and that the faith of millions will turn into the
bitterest disappointment, if these tactics only result in the
destruction of the political adversary. It is within the nature
of such party-tactical maneuvers that they are veiled and will
be disclaimed in public. That, however, cannot prevent me from
warning publicly against such plans, about which it may be
undecided who is the betrayer and who the betrayed one; plans,
though, which will certainly cheat the German people out of
their hope for improvement of their situation. Nothing can prove
more urgently the necessity for an authoritarian government than
such a prospect of maneuvers of a tactical game by the parties.”
(Papen article quoted in “Frankfurter Zeitung”, 2 Sept. 1932, p.
2).
In his Munich speech on 13 October 1932 von Papen was especially clear:
“The essence of conservative ideology is its being anchored in
the divine order of things. That too is its fundamental
difference compared with the doctrine advocated by the NSDAP.
The principle of ‘exclusiveness’ of a political ‘everything or
nothing’ which the latter adheres to, its mythical
Messiah-belief in the bombastic Fuehrer who alone is destined to
direct fate, gives it the character of a political sect. And
therein I see the unbridgeable cleavage between a conservative
policy born of faith and a national-socialist creed as a matter
of politics. It seems to me that today names and individuals are
unimportant when Germany’s final fate is at stake. What the
nation demands is this: it expects of a movement which has
written upon its banner the internal and external national
freedom that it will act, at all times and under all
circumstances, as if it were the spiritual, social and political
conscience of the nation. If it does not act that way; if this
movement follows merely tactical points of view,
democratic-parliamentarian points of view, if it engages in the
soliciting of mass support using demagogic agitation and means
of proletarian class struggle—then it is not a movement any
more, it has become a political party.
“And, indeed, the Reich was almost destroyed by the political
parties. One simply cannot, on one side, despise mercilessly
masses and majorities, as Herr Hitler is doing, and on the other
hand surrender to parliamentarian democracy; surrender to the
extent of adopting resolutions against one’s own government
together with Bolshevists.”
* * * * * *
“In the interest of the entire nation we decline the claim to
power by parties which want to own their followers body and
soul, and which want to put themselves, as a party or a
movement, over and above the whole nation.” (_3317-PS_)
In a series of interviews and speeches in the fall of 1932 von Papen
castigated the Nazi party for its ambitions to achieve a total and
centralized control of Germany. He contrasted its objectives and methods
to his own “conservatism” and emphasized its incompatibility with the
preservation of the “federalistic” type of government to which he was
committed. His public pronouncements in this connection were clearly
reflected in the contemporary press:
“Von Papen claimed that it had been his aim from the very
beginning of his tenure in office to build a new Reich for and
with the various states [_Laender_]. The Reich government is
taking a definite federalist attitude. Its slogan is not a
dreary centralism or unitarianism.”
* * * * * *
“Wherever one did hear von Papen express himself in public, one
did hear a chancellor who took special care to be regarded as an
unconditional federalist.” (_3318-PS_)
The Vice Chancellor’s campaign against the Nazis culminated finally in a
radio speech to the German public on 4 November 1932, in which he
severely criticized Nazi political methods. He damned the Nazis’ “pure
party egoism” which resulted in methods described by him as “sabotage”
and as “a crime against the nation.” He accused the Nazis of wanting
complete and permanent power in Germany (_Deutsche Reichsgeshichte in
Dokumenten IV_, p. 523 (Rundfunkrede des Reichkanzlers von Papen)).
Nor was von Papen content merely to make speeches against the Nazis. As
late as November 1932, Papen was prepared to use all the forces at the
command of the state in a supreme effort to suppress the rising Nazi
menace. He was deterred from this purpose only by a failure to secure
the support of his cabinet. The inner struggles of the German cabinet at
this time are recounted by Otto Meissner (in a statement made at
Nurnberg, 28 November 1945), Chief of the Chancery of Reichspresident
Hindenburg.
“Papen’s reappointment as Chancellor by President Hindenburg
would have been probable if he had been prepared to take up an
open fight against the National Socialists, which would have
involved the threat or use of force. Almost up to the time of
his resignation, Papen and some of the other ministers agreed on
the necessity for pressing the fight against the Nazis by
employing all the resources of the State and relying on Article
48 of the Constitution, even if this might lead to armed
conflict. Other ministers, however, believed that such a course
would lead to civil war.
“The decision was provided by Schleicher, who in earlier times
had recommended energetic action against the National
Socialists—even if this meant the use of police and army. Now,
in the decisive cabinet meeting, he abandoned this idea and
declared himself for an understanding with Hitler.
“The gist of Schleicher’s report—which was given partly by
himself, partly by Major Ott, who adduced detailed statistical
material—was that the weakened Reichswehr, which was dispersed
over the whole Reich, even if supported by civilian volunteer
formations, would not be equal to military operations on a large
scale, and was not suited and trained for civil war. The police,
in particular the Prussian police, had been undermined by
propaganda and could not be considered as absolutely reliable.
If the Nazis began an armed revolt, one must anticipate a revolt
of the Communists and a general strike at the same time. The
forces of these two adversaries were very strong. If such a ‘war
against two fronts’ should take place, the forces of the State
would undoubtedly be disrupted. The outcome of a civil war would
be at the least most uncertain.
“In his, Schleicher’s view, it was impossible to take the risks
implied in such a policy. In case of failure, which he believed
likely, the consequences for Germany would be terrible. All
present in the cabinet meeting were deeply impressed by
Schleicher’s statement, and even those who had been in favor of
energetic action against the National Socialists now changed
their mind, so that Papen was isolated and felt himself to be
isolated.
“In the interview which Papen had with Hindenburg after this
meeting, on November 17th 1932 Papen did not conceal his deep
disappointment over Schleicher’s altered position. Although
Hindenburg asked him to make a new attempt to form a government,
Papen stood on his decision to resign and Hindenburg gave in.”
(2) _Despite his appreciation of the Nazi menace, von Papen rigorously
proceeded to conduct negotiations which resulted in placing Hitler and
the Nazi regime in power._ Following his resignation as Chancellor on 17
November 1932 von Papen continued as Chancellor pro-tem until 2 December
1932, when General Schleicher was appointed to replace him (_2902-PS_).
Almost as soon as he vacated the Chancery, von Papen began plotting to
unseat his arch-rival Schleicher. On about 10 December 1932—less than a
month after he was willing to use force to suppress the Nazis—von Papen
requested Kurt von Schroeder, the Cologne banker, to arrange a meeting
between Hitler and von Papen (according to the statement of Schroeder,
made at Nurnberg, 5 December 1945). Schroeder was one of a group of
rightist industrial and financial leaders who had previously been
organized by Hitler’s man, Wilhelm Keppler, to provide means of
bolstering Nazi economic power.
Hitler himself at this time understood von Papen. He knew that Papen’s
ideas were not too different from his own to preclude agreement. He knew
that Papen’s personal rivalry with Schleicher would make Papen amenable
to some agreement whereby Schleicher might be unhorsed and Papen
restored to a position of public prominence. He accordingly asked
Keppler to arrange for a meeting with Papen (reported in an affidavit of
Wilhelm Keppler, executed at Nurnberg, 26 November 1945).
The result of these maneuvers was the now-famous meeting between Hitler
and Papen at banker Schroeder’s Cologne home in January 1933. It was at
this meeting that Hitler and Papen reached an understanding, subject
only to the ironing out of minor details. It was at this meeting that
Papen completely committed himself to go along with Nazi policy.