Archive/File: imt/nmt/nmt-04/nmt-04-imdictment
Last-Modified: 1998/09/04
Source: http://www.netbistro.com/electriczen/mt/trialindex.html et al

             "The Einsatzgruppen Case"

                MILITARY TRIBUNAL II

                    Case No. 9


              I. Amended Indictment * 


The United States of America, by the undersigned, Telford Taylor,
Chief of Counsel for War Crimes, duly appointed
to represent said Government in the prosecution of war criminals,
charges that the defendants herein committed
crimes against humanity and war crimes, as defined in Control Council
Law No. 10, duly enacted by the Allied Control
Council on 20 December 1945. These crimes included the murder of more
than one million persons, tortures,
atrocities, and other inhumane acts, as set forth in counts one and
two of this indictment. All of the defendants are
further charged with membership in criminal organizations, as set
forth in count three of this indictment.

The persons accused as guilty of these crimes and accordingly named as
defendants in this case are-

OTTO OHLENDORF - Gruppenfuehrer (major general) in the Schutzstaffeln
der Nationalsozialistischen Deutschen
Arbeiterpartei (commonly known as the "SS") ; member of the
Reichssicherheitsdienst des Reichsfuehrer SS
(commonly known as the "SD"); Commanding Officer of Einsatzgruppe D.

HEINZ JOST - Brigadefuehrer (brigadier general) in the SS; member of
the SD; Commanding Officer of
Einsatzgruppe A.

ERICH NAUMANN - Brigadefuehrer (brigadier general) in the SS; member
of the SD; Commanding Ofneer of
Einsatzgruppe B.

OTTO RASCH - Brigadefuehrer (brigadier general) in the SS; member of
the SD; member of the Geheime
Staatspolizei (commonly known as the "Gestapo") ; Commanding Officer
of Einsatzgruppe C.

ERWIN SCHULZ - Brigadefuehrer (brigadier general) in the SS; member of
the Gestapo; Commanding Officer of
Einsatzkommando 5 of Einsatzgruppe C.

FRANZ Six - Brigadefuehrer (brigadier general) in the SS; member of
the SD; Commanding Officer of
Vorkommando Moscow of Binsatzgruppe B.

PAUL BLOBEL - Standartenfuehrer (colonel) in the SS; member of the SD;
Commanding Officer of
Sonderkommando 4a of Einsatzgruppe C.

WALTER BLUME - Standartenfuehrer (colonel) in the SS; member of the
SD; member of the Gestapo;
Commanding Officer of Sonderkommando 7a of Binsatzgruppe B.

    * The amended indictment was filed on 29 July 1947. The indictment
filed originally on 8 July 1947 did not include the defendants
    Steimle, Braune, Haensch, Strauch, Klingelhoefer and Radetzky.

                                               - 13 -

MARTIN SANDBERGER - Standartenfuehrer (colonel) in the SS; member of
the SD; Commanding Officer of
Einsatzkommando la of Einsatzgruppe A.

WILLY SEIBERT - Standartenfuehrer (colonel) in the SS; member of the
SD; Deputy Chief of Einsatzgruppe D.

EUGEN STEIMLE - Standartenfuehrer (colonel) in the SS; member of the
SD; Commanding Officer of
Sonderkornmando 7a of Einsatzgruppe B; Commanding Ofricer of
Sonderkommando 4a of Einsatzgruppe C.

ERNST BIBERSTEIN - Obersturmbannfuehrer (It. colonel) in the SS;
member of the SD; Commanding Officer of
Einsatzkommando 6 of Einsatzgruppe C.

WERNER BRAUNE - Obersturmbannfuehrer (It. colonel) in the SS; member
of the SD; member of the Gestapo;
Commanding Officer of Sonderkommando 11b of Einsatzgruppe D.

WALTER HAENSCH - Obersturmbannfuehrer (It. colonel) in the SS; member
of the SD; Commanding Officer of
Sonderkommando 4b of Einsatzgruppe C.

GUSTAV NOSSKE - Obersturmbannfuehrer (It. colonel) in the SS; member
of the Gestapo; Commanding Officer of
Einsatzkommando 12 of Einsatzgruppe D. ADOLF OTT -
Obersturmbannfuehrer (It. colonel) in the SS; member of
the SD; Commanding Officer of Sonderkommando 7b of Einsatzgruppe B.

EDUARD STRAUCH - Obersturmbannfuehrer (It. colonel) in the SS; member
of the SD; Commanding Ofricer of
Einsatzkommando 2 of Einsatzgruppe A.

EMIL HAUSSMANN - Sturmbannfuehrer (major) in the SS; member of the SD;
officer of Einsatzkommando 12 of
Einsatzgruppe D.

WALDEMAR KLINGELHOEFER - Sturmbannfuehrer (major) in the SS; member of
the SD; member of
Sonderkommando 7b of E:nsatzgruppe B; Commanding Ofricer of
Vorkommando Moscow.

LOTHAR FENDLER - Sturmbannfuehrer (major) in the SS; member of the SD;
Deputy Chief of Sonderkommando
4b of Binsatzgruppe C.

WALDEMAR VON RADETZKY - Sturmbannfuehrer (major) in the SS; member of
the SD; Deputy Chief of
Sonderkommando 4a of Einsatzgruppe C.

FELIX RUEHL - Hauptsturmfuehrer (captain) in the SS; member of the
Gestapo; officer of Sonderkommando 10b of
Einsatzgruppe D.

HEINZ SCHUBERT - Obersturmfuehrer (lst lieutenant) in the SS; member
of the SD; officer of Einsatzgruppe D.

                                               - 14 -

MATHIAS GRAF - Untersturmfueher (2nd lieutenant) in the SS; member of
the SS; officer of Einsatzkommando 6
of Einsatzgruppe C.

                                               - 15 -


               Count One - Crimes Against Humanity

1. Between May 1941 and July 1943 all of the defendants herein
committed crimes against humanity, as defined in
Article II of Control Council Law No. 10, in that they were principals
in, accessories to, ordered, abetted, took a
consenting part in, were connected with plans and enterprises
involving, and were members of organizations or
groups connected with, atrocities and offenses, including but not
limited to, persecutions on political racial, and
religious grounds, murder, extermination, imprisonment, and other
inhumane acts committed against civilian
populations, including German nationals and nationals of other
countries.

2. The acts, conduct, plans, and enterprises charged in paragraph I of
this count were carried out as part of a
systematic program of genocide, aimed at the destruction of foreign
nationals and ethnic groups by murderous
extermination.

3. Beginning in May 1941, on the orders of Himmler, special task
forces called "Einsatzgruppen" were formed from
the personnel of the SS, the SD, the Gestapo, and other police units
The primary purpose of these groups was to
accompany the German Army into the eastern territories, and
exterminate Jews gypsies, Soviet officials, and other
elements of the civilian population regarded as racially "inferior" or
"politically undesirable."

4. Initially four Einsatzgruppen were formed, each of which supervised
the operation of a number of subordinate units
called "Einsatzkommandos" or "Sonderkommandos." Some Einsatzgruppen
had, in addition, other units for special
purposes. Each Einsatzgruppe, together with its subordinate units
consisted of about 500 to 800 persons.
Einsatzgruppe A, operating mainly in the Baltic region, included
Sonderkommandos la and lb and Einsatzkommandos
2 and 3. Einsatzgruppe B, operating mainly in the area towards Moscow,
included Sonderkommandos 7a and 7b,
Einsatzkommandos 8 and 9, and special units named Vorkommando Moscow
(also known as Sonderkommando 7e)
and Trupp Smolensk. Einsatzgruppe C, operating mainly in the area
towardi Kiev, included Sonderkommandos 4a and
4b and Einsatzkommandos 5 and 6. Einsatzgruppe D, operating mainly in
the area of southern Russia, included
Sonderkommandos 10a and 10b andEinsatzkommandos 11a, 11b, and 12.

5. All of the defendants herein, as officers or staff members of

                                               - 15 -

one or more Einsatzgruppen or their subordinate units, committed
murders, atrocities, and other inhumane acts as
more specifically set forth in paragraphs 6 to 9, inclusive, of this
count.

6. Einsatzgruppe A and the units under its command committed murders
and other crimes which included, but were
not limited to, the following:

(A) During the period 22 June 1941 to 16 October 1941 in Lithuania,
Latvia, Esthonia, and White Ruthenia,
Einsatzgruppe A murdered 118,430 Jews and 3,398 Communists.

(B) On or about 4 July 1941 in the city of Riga, Sonderkommando la and
Einsatzkommando 2, together with auxiliary
police under their command, carried out pogroms in which all
synagogues were destroyed and 400 Jews were
murdered.

(C) During October 1941 in Esthonia, Einsatzkommando la, together with
Esthonian units under their command,
committed murders pursuant to a program for the extermination of all
Jewish males over sixteen except doctors and
Jewish elders.

(D) During the period 7 November 1941 to 11 November 1941 in Minsk,
Sonderkommando lb murdered 6,624 Jews.

(E) During the period 22 June 1941 to 16 January 1942 in its
operational areas, Einsatzkommando 2 murdered 33,970
persons.

(F) On 30 November 1941 in Riga, 20 men of Einsatzkommando 2
participated in the murder of 10,600 Jews.

(G) During the period 22 June 1941 to 19 September 1941 in Lithuania,
Einsatzkommando 3 murdered 46,692
persons.

(H) During the period 22 June 1941 to 10 August 1941 in the area of
Kovno [Kaunas] and Riga, Einsatzgruppe A
murdered 29,000 persons.

(I) During the period 2 October 1941 to 10 October 1941 in the
vicinity of Krasnogvardeisk, Einsatzgruppe A
murdered 260 persons.

(J) During the period 15 October 1941 to 23 October 1941 in the
vicinity of Krasnogvardeisk, Einsatzgruppe A
murdered 156 persons.

(K) During the period 24 October 1941 to 5 November 1941 in the
vicinity of Krasnogvardeisk, Ei-nsatzgruppe A
murdered 118 persons.

(L) On 20 November 1941 in the vicinity of Krasnogvardeisk,
Einsatzgruppe A murdered 855 persons.

(M) In about December 1941 in the ghetto in Vitebsk, units of
Einsatzgruppe A murdered 4,090 Jews.

(N) On 22 December 1941 in Vilnyus (Vilna], units of Einsatz gruppe A
murdered 402 persons including 385 Jews.

(O) On 1February 1942 in Loknya, units of Einsatzgruppe A murdered the
38 gypsies and Jews remaining there.

                                               - 16 -

(P) On 2 and 3 March 1942 in Minsk, units of Einsatzgruppe A murdered
3,412 Jews.

(Q) On 2 and 3 March 1942 in Baranovichi, units of Einsatzgruppe A
murdered 2,007 Jews.

(R) On 17 March 1942 in Ilya, east of Vileika, units of Einsatzgruppe
A murdered 520 Jews.

(S) On or about 7 April 1942 in Kovno and Olita, Lithuania, units of
Einsatzgruppe A murdered 44 persons.

(T) During the period 10 April 1942 to 24 April 1942 in Latvia, units
of Einsatzgruppe A murdered 1,272 persons,
including 983 Jews, 204 Communists and 71 gypsies.

7. Einsatzgruppe B and the units under its command committed murders
and other crimes which included, but were
not limited to, the following:

(A) In about July 1941 in the city of Minsk, units of Einsatzgruppe B
murdered 1,050 Jews and liquidated political
officials, "Asiatics" and others.

(B) During the period 22 June 1941 to 14 November 1941 in the vicinity
of Minsk and Smolensk, Einsatzgruppe B
murdered more than 45,467 persons.

(C) On 15 October 1941 in Mogilev, units of Einsatzgruppe B murdered
83 "Asiatics."

(D) On 19 October 1941 in Mogilev, units of Einsatzgruppe B
participated in the murder of 3,726 Jews.

(E) On 23 October 1941 in the vicinity of Mogilev, units of
Einsatzgruppe B murdered 279 Jews.

(F) During the period 22 June 1941 to 14 November 1941 in its
operational areas, Sonderkomrnando 7a murdered
1,617 persons.

(G) In September or October 1941 in Sadrudubs, Sonderkommando 7a
murdered 272 Jews.

(H) During the period 6 March 1942 to 30 March 1942 in the vicinity of
Klintsy, Sonderkommando 7a murdered 1,585
Jews and 45 gypsies.

(I) During the period 22 June 1941 to 14 November 1941 in its
operational areas, Sonderkommando 7b murdered
1,822 persons.

(J) During the period from September to October 1941 in Rechitsa,
White Ruthenia, Sonderkomrnando 7b murdered
216 Jews.

(K) During the period 6 March 1942 to 30 March 1942 in the vicinity of
Bryansk, Sonderkommando 7b murdered 82
persons, including 27 Jews.

(L) During the period 22 June 1941 to 14 November 1941 in its
operational areas, Einsatzkommando 8 murdered
28,219 persons.

                                               - 17 -

(M) In September or October 1941 in the area of Shklov,
Einsatzkommando 8 murdered 627 Jews and 812 other
persons.

(N) In September or October 1941 in Mogilev, Einsatzkommando 8
participated in the murder of 113 Jews.

(0) In September or October 1941 in Krupka, Einsatzkommando 8 murdered
912 Jews.

(P) In September or October 1941 in Sholopaniche, Einsatzkommando 8
murdered 822 Jews.

(Q)During the period 6 March 1942 to 30 March 1942 in the vicinity of
Mogilev, Einsatzkommando 8 murdered 1,609
persons, including 1,551 Jews and 33 gypsies.

(R) On 8 October 1941 in the ghetto of Vitebsk, Einsatzkommando 9
began murdering Jews and by 25 October 1941,
3,000 Jews had been executed.

(S) During the period 6 March 1942 to 30 March 1942 in the vicinity of
Vitebsk, Einsatzkommando 9 murdered 273
persons, including 170 Jews.

(T) During the period 22 June 1941 to 14 November 1941 in its
operational areas, the group staff of Einsatzgruppe B
and the Vorkommando Moscow murdered 2,457 persons.

(U) During the period 22 June 1941 to 20 August 1941 in the vicinity
of Smolensk, the group staff of Binsatzgruppe B
and the Vorkommando Moscow murdered 144 persons.

(V) In September or October 1941 in Tatarsk, the group staff of
Einsatzgruppe B and the Vorkornmando Moscow
murdered all rnale Jews.

(W) During the period 6 March to 30 March 1942 in the vicinity of
Roslavl, Vorkommando Moscow murdered 52
persons.

(X) During the period 6 March 1942 to 30 March 1942 in the vicinity of
Smolensk, Trupp Smolensk murdered 60
persons, inluding 18 Jews.

8. Einsatzgruppe C and the units under its command committed murders
and other crimes which included, but were
not limited to, the following:

(A) During the period 22 June 1941 to 3 November 1941 in the vicinity
of Zhitomir, Novo Ukrainka and Kiev,
Einsatzgruppe C murdered more than 75,000 Jews.

(B) On 19 September 1941 in Zhitomir, Einsatzgruppe C murdered 3,145
Jews and confiscated their clothing and
valuables.

(C) During the period 22 June 1941 to 29 July 1941 in the vicinity of
Zhitomir, Sonderkommando 4a murdered 2,531
persons.

(D) During the period 22 June 1941 to 12 October 1941 in its
operational areas, Sonderkommando 4a murdered more
than 61,000 persons.

(E) During the period from 27 June to 29 June 1941 in the

                                               - 18 -

vicinity of Sokal and Lutsk, Sonderkommando 4a murdered 300 Jews and
317 Communists.

(F) In July or August 1941 in Fastov, Sonderkommando 4a murdered all
the Jews between the ages of 12 and 60.

(G) In September or October 1941 in the vicinity of Vyrna and Dederev,
Sonderkommando 4a murdered 32 gypsies.

(H) On 29 and 30 September 1941 in Kiev, Ensatzkommando 4a, together
with the group staff and police units,
murdered 83,771 Jews and confiscated their clothing and valuables.

(I) On 8 October 1941 in Jagotin, Sonderkommando 4a murdered 125 Jews.

(J) On 23 November 1941 in Poltava, Sonderkommando 4a murdered 1,538
Jews.

(K) In about July 1941 in Tarnopol, Sonderkommando 4b murdered 180
Jews.

(L) During the period from 13 September to 26 September 1941 in the
vicinity of Kremenchug, Sonderkomrnando 4b
murdered 125 Jews and 103 political officials.

(M) During the period 4 October 1941 to 10 October 1941 in Poltava,
Sonderkommando 4b murdered 186 persons.

(N) From about 11 October 1941 to 30 October 1941 in the vicinity of
Poltava, Sonderkommando 4b murdered 595
persons.

(0) During the period 14 January 1942 to 12 February 1942 in the
vicinity of Kiev, Sonderkommando 4b murdered 861
persons, including 139 Jews and 649 political officials.

(P) During the period from February 1942 to March 1942 in the vicinity
of Artemovsk, Sonderkommando 4b
murdered 1,317 persons, including 1,224 Jews and 63 "political
activists."

(Q) During the period from 22 June 1941 to 10 November 1941 in its
operational areas, Einsatzkommando 5
murdered 29,644 persons.

(R) During July or August 1941 in Berdichev, Einsatzkommando 5
murdered 74 Jews.

(S) During the period 7 September 1941 to 5 October 1941 in the
vicinity of Berdichev, Einsatzkommando 5
murdered 8,800 Jews and 207 political officials.

(T) On 22 and 23 September 1941 in Uman, Einsatzkommando 5 murdered
1,412 Jews.

(U) During the period 20 October 1941 to 26 October 1941 in the
vicinity of Kiev, Einsatzkommando 5 murdered
4,372 Jews and 36 political officials.

(V) During the period from 23 November 1941 to 30 November 1941 in the
vicinity of Rovno, Einsatzkommando 5
murdered 2,615 Jews and 64 political officials.

(W) During the period from 12 January 1942 to 24 January

                                               - 19 -

1942 in the vicinity of Kiev, Einsatzkommando 5 murdered about 8,000
Jews and 104 political officials.

(X) During the period from 24 November 1941 to 30 November 1941 in the
vicinity of Dnepropetrovsk,
Einsatzkommando 6 murdered 226 Jews and 19 political officials.

(Y) From about 10 January 1942 to 6 February 1942 in the vicinity of
Stalino, Einsatzkommando 6 murdered about
149 Jews and 173 political officials.

(Z) In about February 1942 in the vicinity of Stalino, Einsatzkommando
6 murdered 493 persons, including 80
"political activists" and 369 Jews.

9.Einsatzgruppe D and the units under its command committed murders
and other crimes which included, but were not
limited to, the following:

(A) During the period from 22 June 1941 to July 1943, Einsatzgruppe D,
in the area of southern Russia, murdered
more than 90,000 persons.

(B) On 15 July 1941 in the vicinity of Beltsy, Sonderkommando 10a
murdered 45 persons, including the Counsel of
Jewish Elders.

(C) In July 1941 in the vicinity of Chernovitsy, Sonderkommando 10b
murdered 16 Communists and 682 Jews.

(D) During the period 22 June 1941 to 7 August 1941 in the vicinity of
Kichinev, Einsatzkommando lla murdered 551
Jews.

(E) In about July 1941 in Tighina, Einsatzkommando llb murdered 151
Jews.

(F) In about December 1941 in the vicinity of Simferopol,
Einsatzkommando 1lb murdered over 700 persons.

(G) During the period from 22 June 1941 to 23 August 1941 in
Babehinzy, Einsatzkommando 12 murdered 94 Jews.

(H) During the period 15 July 1941 to 30 July 1941 in the vicinity of
Khotin, Einsatzgruppe D murdered 150 Jews and
Communists.

(I) During the period 19 August 1941 to 15 September 1941 in the
vicinity of Nikolaev, Einsatzgruppe D murdered
8,890 Jews and Communists.

(J) During the period 16 September 1941 to 30 September 1941 in the
vicinity of Nikolaev and Kherson,
Einsatzgruppe D murdered 22,467 Jews.

(K) During the period 1 October 1941 to 15 October 1941 in the area
east of the Dnepr, Einsatzgruppe D murdered
4,891 Jews and 46 Communists.

(L) During the period 15 January 1942 to 31 January 1942 within its
operational areas, Einsatzgruppe D murdered
3,601 persons, including 3,286 Jews and 152 Communists.

(M) During the period 1 February 1942 to 15 February 1942

                                               - 20 -

within its operational areas, Einsatzgruppe D murdered 1,451 persons,
including 920 Jews and 468 Communists.

(N) During the period 16 February 1942 to 28 February 1942 within its
operational areas, Einsatzgruppe D murdered
1,615 persons, including 729 Jews, 271 Communists and 421 gypsies and
other persons.

(0) During the period I March 1942 to 15 March 1942 within its
operational areas, Einsatzgruppe D murdered 2,010
persons, including 678 Jews, 359 Communists, and 810 gypsies and other
persons.

(P) During the period 15 March 1942 to 30 March 1942 within its
operational areas, Einsatzgruppe D murdered 1,501
persons, including 688 Jews, 405 Communists, and 261 gypsies and other
persons.

10. The acts and conduct of the defendants set forth in this count
were committed unlawfully, willfully, and knowingly
and constitute violations of the law of nations, international
conventions, general principles of criminal law as derived
from the criminal law of all civilized nations, the internal penal
laws of the countries in which such crimes were
committed, and Article 11 of Control Council Law No. 10.

                                               - 21 -

                 Count Two - War Crimes

11. Between 22 June 1941 and July 1943 all of the defendants herein
committed war crimes as defined in Article 11 of
Control Council Law No. 10, in that they were principals in,
accessories to, ordered, abetted, took a consenting part
in, were connected with plans and enterprises involving, and were
members of organizations or groups connected
with, atrocities and offenses against persons and property
constituting violations of the laws or customs of war,
including, but not limited to, murder and ill- treatment of prisoners
of war and civilian populations of countries and
territories under the belligerent occupation of, or otherwise
controlled by Germany, and wanton destruction and
devastation not justified by military necessity. The particulars
concerning these crimes are set forth in paragraphs 6
to 9, inclusive, of count one of this indictment and are incorporated
herein by reference.

12. The acts and conduct of the defendants set forth in this count
were committed unlawfully, wilfully, and knowingly
and constitute violations of international conventions, particularly
of Articles 43 and 46 of the Regulations of the
Hague Convention No. IV, 1907, the Prisoner-of-War Convention (Geneva,
1929), the laws and customs of war, the
general principles of criminal

                                               - 21 -

law as derived from the criminal laws of all civilized nations, the
internal penal laws of the countries in which such
crimes were committed, and Article 11 of Control Council Law No. 10.

                                               - 22 -

        Count Three - Members in Criminal Organizations

13. All the defendants herein are charged with membership, subsequent
to 1 September 1939, in organizations
declared to be criminal by the International Military Tribunal and
paragraph I (d) of Article 11 of Control Council
Law No. 10.

(A) All the defendants were members of the Schutzstaffeln der
Nationalsozialistischen Deutschen Arbeiterpartei
(commonly known as the "SS").

(B) The defendants Ohlendorf, Jost, Naumann, Rasch, Six Blobel, Blume,
Sandberger, Seibert, Steimle, Biberstein,
Braune Haensch, Ott, Strauch, Haussmann, Klingelhoefer, Fendler, voi
Radetzky, Schubert, and Graf were members
of offices (Aemterl) III, VI, and VII of the Reich Security Main
Office (Reichssicherheitshauptamt - RSHA)
constituting the Reich Security Service of the Reich Leader SS
(Reichssicherheitsdienst des Reichs fuehrer SS),
commonly known as the "SD".

(C) The defendants Rasch, Schulz, Blume, Braune, Biberstein, Nosske,
and Ruehl were members of Amt IV of the
Reichs sicherheitshauptamt - RSHA constituting the Secret State Polic
(Geheime Staatspolizei), commonly known as
the "Gestapo".

Wherefore, this indictment is filed with the Secretary General of the
Military Tribunals and the charges herein made
against the above-named defendants are hereby presented to the
Military Tribunals.


 [Signed] TELFORD TAYLOR

 Brigadier General, U.S. Army, 

Chief of Counsel for War Crimes,
                                                           Acting on
behalf of the Unite States of America.

Nuernberg, 25 July 1947 
                                               - 22 -


Trials of War Criminals Before the Nurenberg Military Tribunals Under
Control Council Law No. 10, Volume IV,
Washington, D.C.: U.S. Government Printing Office. p. 13-22

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