Archive/File: imt/tgmwc/tgmwc-02/tgmwc-02-19.10
Last-Modified: 1999/09/17

And on Page 5 of this Document L-18, last half of Paragraph
1, I read:-

   "During the removal of the Jews into a certain quarter
   of the town several sluices were erected at which all
   the work-shy and asocial Jewish rabble were caught
   during the screening and treated in a special way.
   
   Owing to the peculiar fact that almost 90 per cent. of
   artisans working in Galicia were Jews, the task to be
   solved could be fulfilled only step by step, since an
   immediate evacuation would not have served the interest
   of War Economy."

And again, on Page 5, Paragraph 2, the latter part,
beginning with "cases were discovered":-

   "Cases were discovered where Jews, in order to acquire
   any certificate of labour, not only renounced all wages,
   but even paid money themselves. Moreover, the organising
   of Jews for the benefit of their employers grew to such
   catastrophical extent, that it was deemed necessary to
   interfere in the most energetic manner for the benefit
   of the German name.
   
   Since the Administration showed itself too weak to
   master this chaos, the S.S. and Police Leader simply
   took over the entire disposition of labour for Jews. The
   Jewish labour agencies, which were manned by hundreds of
   Jews, were dissolved. All certificates of labour given
   by firms or administrative offices were declared
   invalid, and the cards given to the Jews by the labour
   agencies were revalidated by the police offices by
   stamping them.
   
   In the course of this action, again, thousands of Jews
   were caught in possession of forged certificates or
   certificates of labour surreptitiously obtained by all
   kinds of pretexts. These Jews also were exposed to
   special treatment."

If the Court please, at this time I would like to arrange
for the showing of a very short motion picture, perhaps one
of the most unusual exhibits that will be presented during
the trial. With the Court's permission I would like to call
upon Commander Donovan to assist.

THE PRESIDENT: Need we adjourn for it or not?

MAJOR WALSH: No, sir. The picture itself is very, very
short, sir.

THE PRESIDENT: Very well.

COMMANDER DONOVAN: May it please the Tribunal, the United
States now offers in evidence Document 3052-PS, Exhibit USA
280, entitled "Original German eight millimetre Film of
Atrocities against Jews".

                                                  [Page 392]


This is a strip of motion pictures taken, we believe, by a
member of the S.S., and captured by the United States
military forces in an S.S. barracks near Augsburg, Germany,
as described in the affidavits now before the Tribunal.

We have not been able to establish beyond doubt in which
area these films were made, but we believe that to be
immaterial.

The film offers undeniable evidence, made by Germans
themselves, of almost incredible brutality to Jewish people
in the custody of the Nazis, including German military
units.

It is believed by the prosecution that the scene is the
extermination of a ghetto by Gestapo agents, assisted by
military units. And, as the other evidence to be presented
by the prosecution will indicate, the scene presented to the
Tribunal is probably one which occurred a thousand times all
over Europe under the Nazi rule of terror.

This film was made on an eight millimetre home camera. We
have not wished even to reprint it, and so shall present the
original, untouched film captured by our troops. The
pictures obviously were taken by an amateur photographer.
Because of this, because of the fact that part of it is
burned  because of the fact that it runs for only one and a-
half minutes, and because of the confusion on every hand
shown on this film, we do not believe that the Tribunal can
properly view the evidence if it is shown only once. We
therefore ask the Tribunal's permission to project the film
twice as we did before the defence counsel.

This is a silent film. The film has been made available to
all defence counsels, and they have a copy of the supporting
affidavits, duly translated.

(The film was shown.)

May it please the Tribunal, while the film is being rewound
I wish to say that, attached to the affidavits offered in
evidence, is a description of every picture shown in this
film. And, with the Tribunal's permission, I wish to read a
few selections from that at this time, before again
projecting the film, in order to direct the Tribunal's
attention to certain of the scenes.

   Scene 2: A naked girl running across the courtyard.
   
   Scene 3: An older woman being pushed past the camera,
   and a man in S.S. uniform standing at the right of the
   scene.
   
   Scene 5: A man with a skull-cap and a woman are
   manhandled.
   
   Scene 14: A half-naked woman runs out of the crowd.
   
   Scene 15: Another half-naked woman runs through the
   house.
   
   Scene 16: Two men drag an old man out.
   
   Scene 18: A man in German military uniform, with his
   back to the camera, watches.
   
   Scene 24: A general shot of the street, showing fallen
   bodies and naked women running.
   
   Scene 32: A shot of the street, showing five fallen
   bodies.
   
   Scene 37: A man with a bleeding head is hit again.
   
   Scene 39: A soldier in German military uniform, with a
   rifle, stands by as a crowd concentrates on a man coming
   out of the house.
   
   Scene 44: A soldier with a rifle, in German military
   uniform, walks past a woman clinging to a torn blouse.
   
   Scene 45: A woman is dragged by her hair across the
   street.

(The film was shown again.)

                                                  [Page 393]

We submit to the Tribunal for its permanent records this
strip of eight millimetre film.

MAJOR WALSH: It is difficult from this point to follow the
thread of chronological order or a topical outline. So
numerous are the documents and so appalling the contents
that in this brief recital the prosecution will make no
effort to itemise the criminal acts. Selected documents,
however, will unfold the crimes in full detail.

Before launching a discussion of the means utilised to
accomplish the ultimate aim, that is the extermination of
the Jewish people, I now turn to that fertile source of
evidence, the diary of Hans Frank, then Governor General of
Occupied Poland. In a cabinet session on Tuesday, 16th
December, 1941, in the Government Building at Cracow, the
defendant Frank made a closing address to the session. I
offer now in evidence that part of Document 2233D-PS,
Exhibit USA 281, identified CV 1941, October to December,
and from Page 76, Line 10 to Page 77, Line 33 of the
original and of the entire translation before the Court, I
quote:

   "As far as the Jews are concerned, I want to tell you
   quite frankly that they must be done away with in one
   way or another. The Fuehrer said once: 'Should united
   Jewry again succeed in provoking a world-war, not only
   will the blood of the nations which have been forced
   into the war by them, be shed, but the Jew will have
   found his end in Europe.' I know that many of the
   measures carried out against the Jews in the Reich at
   present are being criticised. It is being done
   intentionally, as is obvious from the reports on the
   morale, to talk about cruelty, harshness, etc. Before I
   continue, I want to beg you to agree with me on the
   following formula: We will on principle have pity on the
   German people only and nobody else in the whole world.
   The others, too, had no pity on us. As an old National
   Socialist I must say this: This war would be only a
   partial success if the whole of Jewry should survive it,
   while we had shed our best blood in order to save
   Europe. My attitude towards the Jews will, therefore, be
   based only on the expectation that they must disappear.
   They must be done away with. I have entered into
   negotiations to have them deported to the East. A great
   discussion concerning that question will take place in
   Berlin in January, a discussion to which I am going to
   delegate the State Secretary, Dr. Bechler. It is to take
   place in the Reich Security Main Office with S.S. Lt.
   General Heydrich. A great Jewish migration will begin,
   in any case.

   But what should be done with the Jews? Do you think they
   will be settled down in the 'Ostland' in villages? This
   is what we were told in Berlin: Why all this bother? We
   can do nothing with them either in the 'Ostland' or in
   the 'Reichskommissariat'. So liquidate them yourselves.
   
   Gentlemen, I must ask you to rid yourselves of all
   feeling of pity. We must annihilate the Jews, wherever
   we find them and wherever it is possible, in order to
   maintain the structure of the Reich as a whole. This
   will, naturally, be achieved by other methods than those
   pointed out by Bureau Chief Dr. Hummel. Nor can the
   Judges of the Special Courts be made responsible for it
   because of the limitations of the framework of the legal
   procedure. Such outdated views cannot be applied to such
   gigantic and unique events. We must find in any case a
   way which leads to the goal, and my thoughts are working
   in that direction.
                                                            
                                                  [Page 394]

   The Jews represent for us also extraordinarily malignant
   gluttons. We have  now approximately 2,500,000 of them
   in the Government General, perhaps with the Jewish
   mixtures and everything that goes with it, 3,500,000
   Jews. We cannot shoot or poison those 3,500,000 Jews,
   but we shall nevertheless be able to take measures which
   will lead, somehow, to their annihilation, and this will
   be done in connection with the gigantic measures to be
   determined in discussions from the Reich. The Government
   General must become free of Jews, the same as the Reich.
   Where and how this is to be achieved is a matter for the
   offices which we must appoint and create here. Their
   activities will be brought to your attention in due
   course."
   
This, if the Tribunal please, is not the planning and
scheming of an individual, but is the expression of that
official of the German State, the appointed Governor General
of Occupied Poland. The methods used to accomplish the
annihilation of the Jewish people were varied and, although
not subtle, were highly successful.

I have from time to time made reference to certain
utterances and actions of the defendant Rosenberg as one of
the leaders and policy makers of the Nazi Party and German
State. It is perhaps reasonable to assume that the defendant
Rosenberg will claim for many of his actions that he pursued
them pursuant to superior orders. I have before me, however,
a captured document, 001-PS, marked "secret," dated 18th
December, 1941, entitled "Documentary Memorandum for the
Fuehrer - Concerning: Jewish Possessions in France ",
Exhibit USA 282. I dare say that no document before this
Tribunal will more clearly show the defendant Rosenberg's
personal attitude, his temperament and convictions toward
the Jews, than this memorandum, wherein he, in his own
initiative, urges plundering and death. I offer in evidence
Document 001-PS. The body of the memorandum reads as
follows:-

   "In compliance with the order of the Fuehrer for
   protection of Jewish cultural possessions, a great
   number of Jewish dwellings remained unguarded.
   Consequently, many furnishings have disappeared because
   a guard could, naturally, not be posted. In the whole
   East the administration has found terrible conditions of
   living quarters, and the chances of procurement are so
   limited that it is not possible to procure any more.
   Therefore, I beg the Fuehrer to permit the seizure of
   all the home furnishings of Jews in Paris, who have fled
   or will leave shortly, and those of Jews living in all
   parts of the occupied West, to relieve the shortage of
   furnishings in the administration in the East.
   
   2. A great number of leading Jews were, after a short
   examination in Paris, again released. The attempts on
   the lives of members of the Armed Forces have not
   stopped; on the contrary they continue. This reveals an
   unmistakable plan to disrupt the German-French co-
   operation, to force Germany to retaliate and, with this,
   evoke a new defence on the part of the French against
   Germany. I suggest to the Fuehrer that, instead of
   executing 100 Frenchmen, we substitute 100 Jewish
   bankers, lawyers, etc. It is the Jews in London and New
   York who incite the French Communists to commit acts of
   violence, and it seems only fair that the members of
   their race should pay for this. It is not the little
   Jews but the leading Jews in France who should be held
   responsible. That would tend to awaken the anti-Jewish
   sentiment.
   
   Signed A. Rosenberg."

                                                  [Page 395]

(Dr. Thoma approached the lectern.)

THE PRESIDENT: May I ask you to speak slowly so that your
application will come to me through the earphones correctly.

DR. THOMA (Counsel for defendant Rosenberg): I request to
take this opportunity, at a moment when the prosecutor has
presented extensive documentary evidence against my client,
Rosenberg, to voice an objection to Document 212-PS, Exhibit
USA 272. The prosecutor claims that this document was an
instruction by the Minister for the East. It begins with the
words -

THE PRESIDENT: None of that has come through on the
earphones. I do not understand you. You had better begin
again.

DR. THOMA: The prosecutor presented a short while ago
Document 212-PS, Exhibit USA 272, claiming its contents to
be instructions given by the Minister for the East about the
treatment of Jews. In this document he is supposed to have
given instructions that violations of German regulations,
especially violations of the compulsory labour laws, could
only be punished by death in the case of Jews. This document
did not originate with the defendant Rosenberg; also I do
not consider it relevant -

THE PRESIDENT: More slowly, please.

DR. THOMA: This document did not originate with the
defendant Rosenberg, It bears neither date nor address nor
his signature. I, therefore, object to the assumption that
this document originated with the defendant Rosenberg.

THE PRESIDENT: Wait a minute. I do not think that counsel
for the prosecution said that the Document 212-PS, emanated
from Rosenberg. I did not so understand him.

DR. THOMA: I understood him to say that it was an
instruction given by the Minister for the East. If I am not
mistaken, he also said it was dated April, 1941. At that
time there was no Ministry for the East. Rosenberg was only
named Minister for the East in July, 1941.

THE PRESIDENT: I will ask the counsel for the prosecution.

MAJOR WALSH: It is my understanding, sir, that that Document
212-PS, was taken from the captured files of Rosenberg.

DR. THOMA: That is true, it was found among the papers of
the defendant Rosenberg; the defendant Rosenberg claims,
however, that he has never seen this document, that he knows
nothing about it and that it has never passed through his
hands.

THE PRESIDENT: Rosenberg, when he is called as a witness, or
when you appear to speak for him, will be able to say that
he has never seen the document before. All that counsel for
the prosecution has said - and it appears to be true - is
that the document was found in Rosenberg's file. You can say
or prove by Rosenberg's evidence when you call Rosenberg -
if you do call him - that he never saw the document. Do you
understand?

DR. THOMA: Yes.

THE PRESIDENT: It is 5 o'clock now, so we will adjourn.

(The Tribunal adjourned to 1000 hours on 14th December,
1945.)

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