Archive/File: imt/tgmwc/tgmwc-02/tgmwc-02-18.09
Last-Modified: 1999/09/16

In Document 1666-PS, a second 1666-PS, but of another date,
the 27th March, 1942, I ask the Tribunal to take judicial
notice of this original decree which is published in the
1942 Reichsgesetzblatt, Part 1, at Page 180:-

   "In pursuance of the Fuehrer's Decree of 21st March,
   1942, I decree as follows:-
   
       1.My manpower sections are hereby abolished
       (circular letter of 22nd October, 1936). Their
       duties (recruitment and allocation of manpower,
       regulations for labour conditions) are taken over by
       the Plenipotentiary General for Arbeitseinsatz, who
       is directly under me.
       
       2.The Plenipotentiary General for Arbeitseinsatz
       will be responsible for regulating the conditions of
       labour (wage policy) employed in the Reich
       territory, having regard to the requirements of
       Arbeitseinsatz.
       
       3.The Plenipotentiary General for Arbeitseinsatz is
       part of the Four Year Plan. In cases where new
       legislation is required, or existing laws required
       to be modified, he will submit appropriate proposals
       to me.


                                                  [Page 341]
                                                            
   4.The Plenipotentiary General for Arbeitseinsatz will
   have at his disposal for the performance of his task the
   right delegated to me by the Fuehrer for issuing
   instructions to the higher Reich authorities, their
   branches and the Party Offices, and their associated
   organisms and also the Reich Protector, the Governor
   General, the Commander-in-Chief, and heads of the civil
   administrations. In the case of ordinances and
   instructions of fundamental importance a report is to be
   submitted to me in advance."

Document 1903-PS is a Hitler Decree of 30th September, 1942,
giving the defendant Sauckel extraordinary powers over the
civil and military authority of the territories occupied by
Germany. We ask that judicial notice be taken by this
Tribunal of the original decree, which is published in
Volume II, Page 510, of the
"Verfuegungen/Anordnungen/Bekanntgaben", published by the
Party Chancellery. This decree states as follows :-

   "I herewith authorise the Deputy General for the
   Arbeitseinsatz, Reich Governor and District Leader
   (Gauleiter) Fritz Sauckel to take all necessary measures
   for the enforcement of my decree referring to a Deputy
   General for the Arbeitseinsatz of 21st March, 1942
   (Reichsgesetzblatt I, Page 179) according to his own
   judgement in the Greater German Reich, in the
   Protectorate, and in the Government General as well as
   in the occupied territories, measures which will
   safeguard under all circumstances the regulated
   deployment of labour for the German war economy. For
   this purpose he may appoint commissioners to the bureaux
   of the military and civilian administration. These are
   subordinated directly to Deputy General for the
   Arbeitseinsatz. In order to carry out their tasks, they
   are entitled to issue directives to the competent
   military and civilian authorities in charge of the
   Arbeitseinsatz; and of wage policy.
   
   More detailed directives will be issued by the Deputy
   General for the Arbeitseinsatz.
   
   Fuehrer Headquarters, 30th September, 1942. The Fuehrer,
   signed Adolf Hitler."

Within one month after his appointment, the defendant
Sauckel sent defendant Rosenberg his "Labour Mobilisation
Programme". This programme - Document 016-PS, already in
evidence as Exhibit USA 168 - envisaged a recruitment by
force, and the maximum exploitation of the entire labour
resources of the conquered areas and of prisoners of war, in
the interests of the Nazi war machine at the lowest
conceivable degree of expenditure to the German State.

The defendant Sauckel states - and I refer now to the bottom
of Page 6 of the English text of that document. It is Page
9, Paragraph 2, of the German text, and I quote as follows:-

   "It must be emphasised, however, that an additional
   tremendous number of foreign labourers has to be found
   for the Reich. The greatest pools for that purpose are
   the occupied territories of the East. Consequently, it
   is an immediate necessity to use the human reserves of
   the conquered Soviet territory to the fullest extent.
   Should we not succeed in obtaining the necessary amount
   of labour on a voluntary basis, we must immediately
   institute conscription of forced labour.
   
                                                  [Page 342]

   Apart from the prisoners of war still in the occupied
   territories, we must, therefore, requisition skilled or
   unskilled male and female labour from the Soviet
   territory, from the age of 15 up, for the labour
   mobilisation."

Passing to Page 11 of the English text, first paragraph, and
Page 17, Paragraph 4 of the German text, I quote directly;
as follows:

   "The complete employment of all prisoners of war as well
   as the use of a gigantic number of new foreign civilian
   workers, men and women, has become an indisputable
   necessity for the solution of the mobilisation of labour
   programme in this war."

The defendant Sauckel proceeded to implement this plan,
which he submitted with certain basic directives. He
provided that if voluntary recruitment of foreign workers
was unsuccessful, compulsory service should be instituted.

Document 3044-PS is the defendant Sauckel's Regulation No.
4, dated 7th May, 1942. We ask that the Tribunal take
judicial notice of the original regulation published in
Volume II, Pages 516 to 527 of the
"Verfuegungen/Anordnungen/Bekanntgaben", to which I have
previously referred. Reading from Page 1, Paragraph 3, of
the English text:-

   "The recruitment of foreign labour will be carried out
   on the fundamental basis of volunteering. Where,
   however, in the occupied territories the appeal for
   volunteers does not suffice, obligatory service and
   drafting must, under all circumstances, be resorted to.
   This is an indisputable requirement of our labour
   situation."

Sauckel provided also for the allocation of foreign labour
in the order of its importance to the Nazi war machine. We
refer to Document 3044-(A)-PS, which is the defendant
Sauckel's Regulation No. 10, and ask that the Court take
judicial notice of the original regulation, published in
Volume II, "Verfuegungen/Anordnungen/Bekanntgaben", at Pages
531 to 533Paragraph 3 of this regulation I quote as follows:

   "The resources of manpower that are available in the
   occupied territories are to be employed primarily to
   satisfy the requirements of importance for the war in
   Germany itself. In allocating the said labour resources
   in the Occupied territories, the following order of
   priority will be observed:
   
       (a) Labour required for the troops, the occupation
       authorities, and the civil authorities.
       
       (b) Labour required for German armaments.
       
       (c) Labour required for food and agriculture.
       
       (d) Labour required for industrial work other than
       armaments.
       
       (e) Labour required for industrial work in the
       interests of the population of the territory in
       question."

The defendant Sauckel, and agencies subordinate to him,
exercised exclusive authority over the recruitment of
workers from every area in Europe occupied by, controlled
by, or friendly to the German nation. He affirmed - the
defendant Sauckel himself did - this authority in a decree,
Document 3044-PS, already in evidence as Exhibit USA 206. I
refer to Paragraph 5 on Page 1 of the English text of that
document, and I am quoting it directly:-

                                                  [Page 343]

   "The recruitment of foreign labour in the areas occupied
   by Germany, in allied, friendly or neutral States will
   be carried out exclusively by my Commissioners, or by
   the competent German military or civil agencies for the
   tasks of labour mobilisation."

THE PRESIDENT: Have not you read that already?

MR. DODD: No, I have not, if your Honour pleases. We have
referred to that decree before, but we have not referred to
this portion of it.

I am passing to Paragraph 2, 1-a on Page 2, and quoting,
again, directly:-

   "For the carrying out of recruitment in allied,
   friendly, or neutral foreign countries, my Commissioners
   are solely responsible."

In addition, the following defendant, who was informed by
Sauckel of the quotas of foreign labourers which he
required, collaborated with Sauckel and his agents in
filling these quotas:-

The defendant Keitel, Chief of the O.K.W.-which was the
Supreme Command.

We refer to Document 3012-PS-I, which is Exhibit USA 190.
This document is the record of a telephone conversation of
the Chief of the Economic Staff East of the German Army, and
it is dated 11th March, 1943. I wish to quote from the first
two paragraphs of the document as follows:-

"The Plenipotentiary for the Arbeitseinsatz, Gauleiter
Sauckel, points out to me, in an urgent teletype, that the
Arbeitseinsatz in German agriculture, as well as all the
most urgent armament programmes, ordered by the Fuehrer,
make the most rapid procurement of approximately 1,000,000
women and men from the newly occupied territories an
imperative necessity. For this purpose, Gauleiter Sauckel
demands the daily shipment Of 5,000 workers beginning on
15th March; 10,000 workers, male and female, beginning 1st
April, from the newly occupied territories."

I am passing down to the next paragraph:-

   "In consideration of the extraordinary losses of
   workers, which occurred in German war industry because
   of the developments of the past months, it is now
   necessary that the recruiting of workers be taken up
   again everywhere with all emphasis. The tendency
   momentarily noticeable in that territory, to limit
   and/or entirely stop the Reich recruiting programme, is
   absolutely intolerable in view of this state of affairs.
   Gauleiter Sauckel, who is informed about these events,
   has, because of this, turned immediately to General
   Field Marshal Keitel on 10th March, 1943, in a teletype,
   and has emphasised on this occasion, that, as in all
   other occupied territories, where all other methods
   fail, a certain pressure must be used by order of the
   Fuehrer."

At this point we were prepared to offer a transcript of an
interrogation under oath of the defendant Sauckel. The
English only, of the transcript of the interrogation has
been seen by the counsel for the defendant Sauckel. He has
had it, however, for some time, and the excerpts on which we
intended to rely were furnished to him as well in German.

If I understood the ruling of the Tribunal correctly, it
would be necessary for us to have furnished the entire
record in German.

THE PRESIDENT: I think you might use this interrogation, as
the excerpts have been submitted in German.

                                                  [Page 344]

MR. DODD: Yes, they have, your Honour, and the entire
English text as well.

THE PRESIDENT: Very well.

MR. DODD: I refer to a transcript of an interrogation, under
oath of the defendant Sauckel, held on the morning Of 5th
October, 1945, Exhibit USA 224. That is the very last
document in the document book. I wish to quote from the
bottom of Page 1 of the English text, and Page 1, Paragraph
11 of the German text, as follows:-

   Q. Was it necessary, in order to accomplish the
   completion of the quotas given, to have liaison with
   O.K.W.
   
   A. I remember that the Fuehrer had given directives to
   Marshal Keitel, telling him that my task was a very
   important one, and I, too, have often conferred with
   Keitel after such discussions with the Fuehrer, when I
   asked him for his support.
   
   Q. It was his task to supervise the proper performance
   of the military commanders in the occupied countries in
   carrying out their missions, was it not ?
   
   A. Yes, the Fuehrer had told me that he would inform the
   Chief of the O.K.W., and the Chief of the Reich
   Chancellery, as to these missions. The same applies to
   the Foreign Minister."

We are also prepared to offer the transcript of an
interrogation of the defendant Alfred Rosenberg. There is
this distinction in so far as this record is concerned.
While we have supplied the counsel with the German
translation of those parts of it which we propose to use, we
have not had an opportunity to supply the whole text to
counsel. However, they have been supplied with the German of
the parts which we propose to use and to offer to this
Tribunal.

THE PRESIDENT: Well, you are prepared to do it hereafter, I
suppose ?

MR. DODD: Yes, we will, your Honour, as soon as we can get
these papers down to their Information Centre.

THE PRESIDENT: Yes.

MR. DODD: The next document is rather lengthy, and I wonder
what the Tribunal's pleasure is. Do I understand that I may
proceed with the interrogation ?

THE PRESIDENT: Yes.

MR. DODD: I wish to refer to the defendant Alfred Rosenberg,
the Reich Minister for Eastern Occupied Territories, as one
who also collaborated with the defendant Sauckel, and
specifically, to refer to a transcript of an interrogation
under oath of the defendant Rosenberg, on the afternoon of
6th October, 1945, Exhibit USA  187. That record may be
found about the third from the last of the interrogation
records in the document book, and I wish to read from Page 1
of the transcript:-

   Q. Is not it a fact that Sauckel would allocate to the
   various areas under your jurisdiction the number of
   persons to be obtained for labour purposes?
   
   A. Yes.
   
   Q. And that, thereafter, your agents would obtain that
   labour in order to meet the quota which had been given;
   is that right?
   
   A. Sauckel, normally, had very far-reaching desires,
   which one could not fulfil unless one looked very
   closely into the matter.


                                                  [Page 345]

   Q. Never mind about Sauckel's desires being far-reaching
   or not being far-reaching. That has nothing to do with
   it. You were given quotas for the areas over which you
   had jurisdiction, and it was up to you to meet that
   quota?
   
   A. Yes; it was the responsibility of the administrative
   officials to receive this quota and to distribute the
   allotments over the districts in such a way, according
   to number and according to the age groups, that they
   would be most reasonably met.
   
   Q. These administrative officials were part of your
   organisation, is not that right?
   
   A. They were functionaries or officials of the
   Reichskommissar for the Ukraine, but, as such, they were
   placed in their office by the Ministry for the Eastern
   Occupied Territories.
   
   Q. You recognised, did you not, that the quotas set by
   Sauckel could not be filled by voluntary labour, and you
   did not disapprove of the impressment of forced labour;
   is not that right?
   
   A. I regretted that the demands of Sauckel were so
   urgent that they could not be met by a continuation of
   voluntary recruitments, and thus I submitted to the
   necessity of forced impressment."

Then, passing a little further down on that page:-

   "Q. The letters that we have already seen between you
   and Sauckel do not indicate, do they, any disagreements
   on your part with the principle of recruiting labour
   against their will? They indicate, as I remember, that
   you were opposed to the treatment that was later
   accorded these workers, but that you did not oppose
   their initial impressment."

THE PRESIDENT: Mr. Dodd, I think you ought to read the next
two answers, in fairness to the defendant Rosenberg, after
the one where he said he submitted to the necessity of
forced impressment.

MR. DODD: Very well, I will read those, your Honour.

THE PRESIDENT: Did you ever argue with Sauckel.

MR. DODD: Yes.

   "Q. Did you ever argue with Sauckel that perhaps in view
   of the fact that quotas could not be met by voluntary
   labour, the labour recruiting programme be abandoned,
   except for such recruits as could be voluntarily
   enrolled?
   
   A. I could not do that because the numbers or allotments
   that Sauckel had received from the Fuehrer to meet were
   absolutely binding for him, and I could not do anything
   about that."

And then, referring again to the question which I had just
read, the answer is as follows:-

   "That is right. In those matters I mostly discussed the
   possibility of finding the least harsh methods of
   handling the matter, though in no way placing myself in
   opposition to the orders that he was carrying out for
   the Fuehrer."

THE PRESIDENT: I think the Tribunal might adjourn now.

MR. DODD: Very well, your Honour.

(The Tribunal adjourned until 13th December, 1945, at 1000
hours.)

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