Archive/File: imt/nca/nca-01/nca-01-07-means-02 Last-Modified: 1996/06/06 [Page 263] Chapter VII MEANS USED BY THE NAZI CONSPIRATORS IN GAINING CONTROL OF THE GERMAN STATE 6. SUPPRESSION OF THE CHRISTIAN CHURCHES A. The Nazi conspirators sought to subvert the influence of the churches over the people of Germany. (1) They sought to eliminate the Christian Churches in Germany. (a) Statements of this aim. Martin Bormann stated in a secret decree of the Party Chancellery signed by him and distributed to all Gauleiters 7 June 1941: "Our National Socialist ideology is far loftier than the con- [Page 264] cepts of Christianity, which in their essential points have been taken over from Jewry ***. A differentiation between the various Christian confessions is not to be made here *** the Evangelical Church is just as inimical to us as the Catholic Church. *** All influences which might impair or damage the leadership of the people exercised by the Fuehrer with the help of the NSDAP must be eliminated. More and more the people must be separated from the churches and their organs the pastors. *** Just as the deleterious influences of astrologers, seers and other fakers are eliminated and suppressed by the State, so must the possibility of church influence also be totally removed. *** Not until this has happened, does the state leadership have influence on the individual citizens. Not until then are the people and Reich secure in their existence for all time." (D- 75) Hans Kerrl, Reich Minister for Church Affairs, in a letter dated 6 September 1939 to a Herr Stapel, which indicated that it would be brought to the attention of the Confidential Council and of the defendant Hess, made the following statements: "The Fuehrer considers his efforts to bring the Evangelical Church to reason, unsuccessful and the Evangelical Church with respect to its condition rightfully a useless pile of sects. As you emphasize the Party has previously carried on not only a fight against the political element of the Christianity of the Church, but also a fight against membership of Party Members in a Christian confession. *** "The Catholic Church will and must, according to the law under which it is set up, remain a thorn in the flesh of a Racial State ***." (129-PS) Gauleiter Florian, in a letter dated 23 September 1940 to the defendant Hess, stated: "The churches with their Christianity are the danger against which to fight is absolutely necessary." (064- PS) Regierungsrat Roth, in a lecture 22 September 1941, to a group of Security Police, in the Reich Main Security Office (RSHA) concluded his address on Security Police (Sipo) measures for combatting church politics and sects with the following remarks: "The immediate aim: the church must not regain one inch of the ground it has lost. The ultimate aim: Destruction of the Confessional Churches to be brought about by the collection of all material obtained through the intelligence service (Nachrihtendienst) 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) The Party Organization Book states: "Bravery is valued by the SS man as the highest virtue of men in a struggle for his ideology. [Page 265] "He openly and unrelentingly fights the most dangerous enemies of the State; Jews, Free Masons, Jesuits, and political clergymen. "However, he recruits and convinces the weak and inconstant by his example, who have not been able to bring themselves to the National Socialistic ideology." (1855-PS) (b) The Nazi conspirators promoted beliefs and practices incompatible with Christian teachings. The 24th point of the Program of the NSDAP, unchanged since its adoption in 1920, is as follows: "We demand freedom of religion for all religious denominations within the state so long as they do not endanger its existence or oppose the moral senses of the germanic race. The Party as such advocates the standpoint of a positive Christianity without binding itself confessionally to any one denomination. It combats the Jewish materialistic spirit within and around us, and is convinced that a lasting recovery of our nation can only succeed from within on the framework: common utility precedes individual utility." (1708-PS) In official correspondence with the defendant Rosenberg in 1040, Bormann stated: "Christian religion and National Socialist doctrines are not compatible. *** The churches cannot be subjugated through compromise, only through a new philosophy as prophesied in osenberg's works." He then proposed creation of a National Socialist Catechism to provide a "moral foundation" for a National Socialist religion which is gradually to supplant the Christian churches. He stated the matter was so important it should be discussed with members of the Reich Cabinet as soon as possible and requested Rosenberg's opinion before the meeting. (098-PS) In a secret decree of the Party Chancellery, signed by Bormann and distributed to all Gauleiters on 7 June 1941, the following statements appeared: "When we National Socialists speak of a belief in God, we do not understand by God, like naive Christians and their spiritual opportunists, a human-type being, who sits around somewhere in the sphere ***. The force of natural law, with which all these innumerable planets move in the universe, we call the Almighty, or God. The claim that this world force *** can be influenced by so-called prayers or other astonishing things is based upon a proper dose of naivete or on a business shamelessness. [Page 265] "As opposed to that we National Socialists impose on ourselves the demand to live naturally as much as possible, i.e., biologically. The more accurately we recognize and observe the laws of nature and of life, the more we adhere to them, so much the more do we conform to the will of the Almighty. The more insight we have into the will of the Almighty, the greater will be our successes." (D-75) Rosenberg in his book "The Myth of the 20th Century" advocated a new National Socialist faith or religion to replace the Christian confessions in Germany. He stated that the Catholic and Protestant churches represent "negative Christianity" and do not correspond to the soul of the "Nordic racially determined peoples"; that a German religious movement would have to declare that the idea of neighborly love is unconditionally subordinated to national honor; that national honor is the highest human value and does not admit of any equal valued force such as Christian love. He predicted: "A German religion will, bit by bit, present in the churches transferred to it, in place of the crucifixion the spirit of fire the heroicin the highest sense." (2349-PS) The Reich Labor Service (Reichsarbeitsdienst), a National Socialist youth organization, was prohibited from participating in religious celebrations of any kind, and its members were instructed to attend only the parts of such ceremonies as weddings and funerals which took place before or after the church celebration. (107-PS) The Nazi conspirators considered religious literature undesirable for the Wehrmacht. National Socialist publications were prepared for the Wehrmacht for the expressed purpose of replacing and counteracting the influence of religious literature disseminated to the troops. (101-PS; 100-PS; 064-PS) The Nazi conspirators through Rosenberg's Office for Supervision of the Ideological Training and Education of the NSDAP and the Office of the Deputy of the Fuehrer "induced" the substitution of National Socialist mottoes and services for religious prayers and services in the schools of Germany. (070-PS) On 14 July 1939, Bormann, as Deputy of the Fuehrer, issued a Party regulation excluding clergymen, persons closely connected with the church, and Theology students from membership in the Party. It was further decreed that in the future Party Members who entered the clergy or turned to the study of Theology must leave the Party. (840-PS) (c) The Nazi conspirators persecuted priests, clergy and members of monastic orders. The priests and clergy of Germany were [Page 267] subjected by the police to systematic espionage into their daily lives. The Nazi conspirators through the Chief of the Reich Main Security Office (RSHA) maintained a special branch of the Security Police and Security Service (Sipo/SD) whose duties were to investigate the churches and maintain constant surveillance upon the public and private lives of the clergy. (1815-PS) At a conference of these police "church specialists" called by Heydrich, who was then SS Gruppenfuehrer and Chief of the Reich Main Security Office (RSHA), in Berlin, 23 September 1941, SS Sturmbannfueherer Hartl, acting for Heydrich, stated that the greatest importance was to be attached to church political activity. The intelligence network in this field, he continued, was to be fostered with the greatest of care and enlarged with the recruitment of informants, particular value being attached to contacts with church circles. He closed his lecture with the following words: "Each of you must go to work with your whole heart and a true fanaticism. Should a mistake or two be made in the execution of this work, this should in no way discourage you, since mistakes are made everywhere. The main thing is that the enemy should be constantly tackled with determination, will, and effective initiative." (1815-PS) In a letter of 22 October 1941, Heydrich, as Chief of the Reich Main Security Office (RSHA) issued detailed instructions to all State Police Offices outlining the organization of the Catholic Church and directing close surveillance of the activities, writings, and reports of the Catholic clergy in Germany. In this connection he directed: "Reports are also to be submitted on those Theological students destined for Papal Institutes, and Priests returning from such institutes to Germany. Should the opportunity arise of placing someone for intelligence (Nachrichtendienst) purposes in one of these Institutes, in the guise of a Theological student, we should receive immediate notification." (1815-PS) Priests and other members of the clergy were arrested, fined, imprisoned, and otherwise punished by executive measures of the police without judicial process. In his lecture before a conference at the Reich Main Security Office (RSHA) in Berlin, for "church specialists," of the Security Police, 22 November 1941, Regierungsrat Roth stated (1815- PS): "It has been demonstrated that it is impracticable to deal with political offenses (malicious) under normal legal procedure. Owing to the lack of political perception which still [Page 268] prevails among the legal authorities, suspension of this procedure must be reckoned with. The so-called "Agitator Priests" must therefore be dealt with in future by Stapo measures, and, if the occasion arises, be removed to a Concentration Camp, if agreed upon by the RSHA. "The necessary executive measures are to be decided upon according to local conditions, the status of the person accused, and the seriousness of the caseas follows: 1. Warning 2. Fine 3. Forbidden to preach 4. Forbidden to remain in parish 5. Forbidden all activity as a priest 6. Short-term arrest 7. Protective custody." Members of monastic orders were forced by the seizure and confiscation of their properties to give up their established place of abode and seek homes elsewhere (R-101- A; R-101-D). A secret order of the SS Economic Administration Office to all Concentration Camp Commanders, dated 21 April 1942, concerning labor mobilization of clergy, reveals that clergymen were at that time, and had previously been, incarcerated in Concentration Camps. (1164- PS) On the death of von Hindenburg, the Reich Government ordered the ringing of all church bells on 2 August 1934, 3 August 1934 and 4 August 1934. In Bavaria, there were many instances of failure to comply with this order. The Bavarian police submitted a report outlining the above situation and stating that in three cases the taking into protective custody of recalcitrant clergy could not be avoided. "The Parish priest, Father Johann Quinger of Altenkunstadt BA., Lichtenfels. He was taken into protective custody on 3 August on the express order of the State Ministry of the Interior, because he assaulted SA leaders and SA men who were ringing the bells against his wishes. He was released from custody on 10 August 1934. "The Parish priest, Father Ludwig Obholzer of Kiefersfelden, BA Rosenheim. For his personal safety he was in police custody from 2400 hours on the 2 August 1934, till 1000 hours on 3 August 1934. On 5 August 1934, he said sarcastically in his sermon, referring to the SA men who had carried out the ringing of the funeral knell on their own account, 'Lord forgive them, for they know not what they do' ! "The Parish priest, Father Johann Nepomuk Kleber of Wie- [Page 269] felsdorf, BA Burglengenfeld, refused to ring the church bells on the 2nd and 3rd. He is badly tainted politically and had to be taken into protective custody from the 5th to the 8th of August 34 in the interests of his own safety." (1521-PS) After Hitler's rise to power, Bishop Sproll of Rottenburg delivered a series of sermons regarded by the Nazis as damaging, and on 10 April 1938 he refrained from voting in the plebiscite. For this, the Reich Governor of Wuertemberg declared he would no longer regard Bishop Sproll as head of the Diocese of Rottenburg; made an official request that he leave the Gau; and declared he would see to it that all personal and official intercourse between the Bishop and the State and Party offices as well as the Armed Forces would be denied (849-PS). For his alleged failure to vote in the plebiscite, of 10 April 1938, the Party caused three demonstrations to be staged against the Bishop and his household in Rottenburg. The third demonstration was described as follows in a teletype message from Gestapo Office Stuttgart to Gestapo Office Berlin: "The Party on 23 July 1938 from 2100 on carried out the third demonstration against Bishop Sproll. Participants about 2,500-3,000 were brought in from outside by bus, etc. The Rottenburg populace again did not participate in the demonstration. The town took rather a hostile attitude to the demonstrations. The action got completely out of hand of the Party Member responsible for it. The demonstrators stormed the palace, beat in the gates and doors. About 150 to 200 people forced their way into the palace, searched the rooms, threw files out of the windows and rummaged through the beds in the rooms of the palace. One bed was ignited. Before the fire got to the other objects of equipment in the - rooms and the palace, the flaming bed could be thrown from the window and the fire extinguished. The Bishop was with Archbishop Groeber of Freiburg and the ladies and gentlemen of his menage in the chapel at prayer. About 25 to 30 people pressed into this chapel and molested those present. Bishop Groeber was taken for Bishop Sproll. He was grabbed by the robe and dragged back and forth. Finally the intruders realized that Bishop Groeber is not the one they are seeking. They could then be persuaded to leave the building. After the evacuation of the palace by the demonstrators I had an interview with Archbishop Groeber, who left Rottenburg in the night. Groeber wants to turn to the Fuehrer and Reich Minister of the Interior Dr. Frick anew. On the course of the action, the damage done as well as the homage [Page 270] of the Rottenburg populace beginning today for the Bishop I shall immediately hand in a full report, after I am in the act of suppressing counter mass meetings." (848-PS) Reich Minister for Church Affairs Kerrl and other Party officials alleged that these demonstrations were spontaneously staged by indignant citizens of Rottenburg and caused representations to be made to the Holy See in an effort to effect the Bishop's removal from office. (89-PS) On or about 3 December 1941, a copy of a secret decree of the Party Chancellery on the subject of Relationship of National Socialism to Christianity was found by the Security Police in the possession of Protestant Priest Eichholz at Aix-la-Chapelle. For this he was arrested and held for questioning for an unknown period of time. (D-75) (d) The Nazi conspirators confiscated church property. On 20 January 1938, the Gestapo District Office at Munich issued a decree dissolving the Guild of the Virgin Mary of the Bavarian Diocese, together with its branches and associations. The decree also stated: "The property belonging to the dissolved Guild is to be confiscated by the police. Not only is property in cash to be confiscated, but also any stock on hand and their objects of value. All further activity is forbidden the dissolved Guilds, particularly the foundation of any organization intended as a successor or as a cover. Incorporation as a body into other women's societies is also to be looked on as a forbidden continuation of activity. Infringements against the above prohibition will be punished according to par. 4 of the order of 28 February 1933." The reasons for the dissolution and confiscation were that the Guild of the Virgin Mary had occupied itself for years "to a most far-reaching degree" with arrangements of a "worldly and popular sporting character" such as community games and "social evenings"; and further that the president of the society supplied the members with "seditious materials" which served for "seditious discussions"; and that the members of the Guild were trained and mobilized for "political and seditious tasks." (1481- PS) In a lecture delivered to a conference of police investigators of Church Affairs assembled in the lecture hall of the Reich Main Security Office (RSHA) in Berlin, 22 September 1941, Regiersrungsrat Roth stated that about 100 monasteries in the Reich had been dissolved and pointed out that the proper procedure called for seizure of the churches at the same time the monasteries were dissolved. (1815-PS) [Page 271] In February 1940, SS Gruppenfuehrer Heydrich suggested to Himmler the seizure of monasteries for the accommodation of Racial Germans. He proposed that the authorities of the monastic orders be instructed to make the monasteries concerned available and move their own members to less populous monasteries. He pointed out that the final expropriation of properties thus placed at their disposal could be carried out step by step in the course of time. Himmler agreed to this proposal and ordered the measure to be carried out by the Security Police and Security Service (Sipo and SD) in collaboration with the Reich Commissioner for Consolidation of German Folkdom. (R- 101-A) These orders for confiscation were carried out, as revealed in a letter dated 30 March 1942 from the Reich Main Security Office (RSHA) Chief of Staff to Himmler mentioning claims for compensation pending in a number of confiscation cases. In this letter he stated that all rental payments to those monasteries and ecclesiastical institutions whose premises had been put to use as camps for resettlers had been stopped on receipt of Himmler's order. Concerning current developments, he stated: "After further preparations in which-the Party Chancellery participated prominently, the Reich Minister of the Interior found a way which makes it possible to seize ecclesiastical premises practically without compensation and yet avoids the impression of being a measure directed against the Church. ***" (R- 101-D) In a letter of 19 April 1941, Bormann advised Rosenberg that libraries and art objects of the monasteries confiscated in the Reich were to remain for the time being in these monasteries and that the Fuehrer had repeatedly rejected the suggestion that centralization of all such libraries be undertaken. (072-PS) (e) The Nazi conspirators suppressed religious publications. On 6 November 1934, Frick, as Reich and Prussian Minister of the Interior, issued an order forbidding until further notice publication of all announcements in the daily press, in pamphlets and other publications, which dealt with the Evangelical Church; with the exception of official announcements of the Church Government of the Reich. (1498-PS) By order of the State Police for the District of Dusseldorf, the Police Regulation which is quoted in part below was promulgated 28 May 1934: "The distribution and sale of published items of any sort in connection with worship or religious instructions in public streets or squares near churches is forbidden. In the same sense the distribution and sale of published items on the oc- [Page 272] casions of processions, pilgrimages and similar church institutions in the streets or squares they pass through or in their vicinity is prohibited." (R-145) In January 1940, Bormann informed Rosenberg that he had sought to restrict production of religious publications by means of having their rations of printing paper cut down through the control exercised by Reichsleiter Amann, but that the result of these efforts remained unsatisfactory. (101-PS) In March 1940, Bormann instructed Reichsleiter Amann, Director of the NSDAP Publications Office, that in any future redistribution of paper, confessional writings should receive still sharper restrictions in favor of literature politically and ideologically more valuable. He went on to point out: " *** according to a report I have received, only 10 of the over 3000 Protestant periodicals appearing in Germany, such as Sunday papers, etc. have ceased publication for reasons of paper saving." (089-PS) In April 1940, Bormann informed the High Command of the Navy that use of the term "Divine Service" to refer exclusively to the services arranged by Christian Confessions was no longer to be used, even in National Socialist daily papers. In the alternative he suggested: "In the opinion of the Party the term 'Church Service' cannot be objected to. I consider it fitting since it properly implies meetings arranged and organized by the Churches." (068-PS) (f) The Nazi conspirators suppressed religious organizations. On 28 May 1934, the State Police Office for the District of Duesseldorf issued an order concerning denominational youth and professional organizations which stated in part as follows: "Denominational youth and professional organizations as well as those created for special occasions only are prohibited from every public activity outside the church and religious sphere. "Especially forbidden is: Any public appearance in groups, all sorts of political activity. Any public sport function including public hikes and establishment of holiday or outdoor camps. The public display or showing of flags, banners, pennants or the open wearing of uniforms or insignia." (R-145) On 20 July 1935, Frick, as Reich and Prussian Minister of the Interior, issued secret instructions to the provincial governments and to the Prussian Gestapo that Confessional youth organizations were to be forbidden to wear uniforms, or uniform- [Page 273] like clothing, to assemble publicly with pennants and flags, to wear insignia as a substitute for uniforms, or to engage in any outdoor sport activity. On 20 January 1938 the Gestapo District Office at Munich, issued a decree which stated in part as follows: "The Guild of the Virgin Mary (de Marianisch Jungfrauenkongregation) of the Bavarian dioceses, including the diocese of Speyere, together with its branches and associations and the Societies of Our Lady (Jungfrauenverenen) attached to it, is by police order to be dissolved and forbidden with immediate effect." Among the reasons cited for this action were the following: "The whole behavior of the Guild of the Virgin Mary had therefore to be objected to from various points of view. It could be repeatedly observed that the Guild engaged in purely worldly affairs, such as community games, and then in the holding of 'Social Evenings'. "This proves incontestably that the Guild of the Virgin Mary was active to a very great degree in a manner unecclesiastical and therefore worldly. By so doing it has left the sphere of its proper religious task and entered a sphere of activity to which it has no statutory right. The organization has therefore to be dissolved and forbidden." (1481-PS) According to the report of a Security Police "church specialist" attached to the State Police Office at Aachen, the following points were made by a lecturer at a conference of Security Police and Security Service church intelligence investigators in Berlin, on 22 September 1941: "Retreats, recreational organizations, etc., may now be forbidden on ground of industrial war-needs, whereas formerly only a worldly activity could be given as a basis. "Youth camps, recreational camps are to be forbidden on principle, church organizations in the evening may be pre vented on grounds of the blackout regulations. "Processions, pilgrimages abroad are to be forbidden by reason of the over-burdened transport conditions. For local events too technical traffic troubles and the danger of air attack may serve as grounds for their prohibition. (One Referent forbade a procession, on the grounds of it wearing out shoe leather)." (1815-PS) (g) The Nazi conspirators suppressed religious education. In a speech on 7 March 1937, Rosenberg stated: "The education of youth can only be carried out by those who have rescued Germany from disaster. It is therefore [Page 274] impossible to demand one Fuehrer, one Reich and one firmly united people as long as education is carried out by forces which are mutually exclusive to each other." (2351-PS) In a speech at Fulda, 27 November 1937 Reich Minister for Church Affairs Hans Kerrl stated: "We cannot recognize that the Church has a right to insure that the individual should be educated in all respects in the way in which it holds to be right; but we must leave it to the National Socialist State to educate the child in the way it regards as right." (252- PS) In January 1939, Bormann, acting as Deputy of the Fuehrer, informed the Minister of Education, that the Party was taking the position that theological inquiry was not as valuable as the general fields of knowledge in the universities and that suppression of Theological Faculties in the universities was to be undertaken at once. He pointed out that the Concordat with the Vatican placed certain limitations on such a program, but that in the light of the general change of circumstances, particularly the compulsory military service and the execution of the four-year plan, the question of manpower made certain reorganizations, economies and simplification necessary. Therefore, Theological Faculties were to be restricted insofar as they could not be wholly suppressed. He instructed that the churches were not to be informed of this development and no public announcement was to be made. Any complaints, if they were to be replied to at all, should be answered with a statement that these measures are being executed in a general plan of reorganization and that similar things are happening to other faculties. He concludes with the statement that the professorial chairs vacated by the above program are to be turned over to the newly created fields of inquiry, such as Racial Research. (116-PS) A plan for the reduction of Theological Faculties was submitted by the Reich Minister for Science, Education and Training in April 1939 to Bormann, who forwarded it to Rosenberg for consideration and action. The plan called for shifting, combining and eliminating Theological Faculties in various schools and universities throughout the Reich, with the following results: "To recapitulate this plan would include the complete closing of Theological Faculties at Innsbruck, Salzburg and Munich, the transfer of the faculty of Graz to Vienna and the vanishing of four Catholic faculties. "a. Closing of three Catholic Theological Faculties or Higher Schools and of four Evangelic Faculties in the winter semester 1939/40. [Page 275] "b. Closing of one further Catholic and of three- further Evangelic Faculties in the near future." (122- PS) In a secret decree of the Party Chancellery, signed by Bormann, and distributed to all Gauleiters on 7 June 1941, the following statement concerning religious education was made: "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) (2) Supplementary evidence of acts of oppression within Germany. In laying the groundwork for their attempted subversion of the Church, the Nazi conspirators resorted to assurances of peaceful intentions. Thus Hitler, in his address to the Reichstag on 23 March 1933 declared: "While the government is determined to carry through the political and moral purging of our public life, it is creating and insuring prerequisites for a truly religious life. The government sees in both Christian confessions the factors most important for the maintenance of our Folkdom. It will respect agreements concluded between them and the states. However, it expects that its work will meet with a similar appreciation. The government will treat all other denominations with equal objective justice. However, it can never condone that belonging to a certain denomination or to a certain race might be regarded as a license to commit or tolerate crimes. The Government will devote its care to the sincere living together of Church and State." (3387-PS) (a) Against the Evangelical Churches. The Nazi conspirators, upon their accession to power, passed a number of laws, under innocent-sounding titles, designed to reduce the Evangelical Churches to the status of an obedient instrument of Nazi policy. The following are illustrative: [Page 276] Document Number Date Reichsgesetzblatt Title and Gist of Law Page ------------------------------------------------------------ 3433-PS 14.7.33 I.471 Gesetz ueher die Verfassun der Deutschen Evanelischen Kirche (Law concerning the Constitution of the German Evangelical Church), establishing among other things the new post of Reich Bishop. [Signed by] Hitler, Frick. 3434-PS 26.6.35 I.774 Gesetz ueer das BesGhlussverfahren in Rechtsaneleenheite der Evanelisschen Kirche (Law concerning procedure for decisions in legal affairs of the Evangelical Church), giving the Reich Ministry of the Interior sole authority to determine the validity of measures taken in the Churches since 1 May 1933, when raised in a civil lawsuit. [Signed by] Hitler, Frick. 3435-PS 3.7.35 I.851 Erste Verordnung zur Durchfuehrung des Gesetzes ueber das Reschluss-verfahren in Rechtsanelegenheiten der Evanelischen Kirche (First Ordinance for Execution of the Law concerning procedure for decisions in legal affairs of the Evangelical Church), setting up detailed organization and procedures under the law of 21 June 1935. [Signed by] Frick. 3466-PS 16.7.35 I.1029 Erlass ueber die Zusammen fassung der Zustaendiykeiten des Reichs und Preussens in Kirchenaneleenheiten (Decree to unite the competences of Reich and Prussia in Church affairs) transferring to Kerrl, Minister without Portfolio, the church affairs previously handled by Reich and Prussian Ministers of the Interior and of Science, Education, and Training. [Signed by] Hitler, Rust, Koerner. [Page 277] 3436-PS 24.9.35 I.1178 Gesetz zur Sicherun der Deutschen Evangelischen Kirche (Law for the Safeguarding of the German Evangelical Church) empowering the Reich Minister of Church Affairs (Kerrl) to issue Ordinances with binding legal force. [Signed by] Hitler, Frick. 3437-PS 2.12.35 I.1370 Fuenfte Verordnung Zur Durchfuehrun des Gesetzes zur Siherun der Deutschen Evanelischen Kirche (Fifth decree for execution of the law for the Safeguarding of the German Evangelical Church) prohibiting the churches from filling their pastorates, ordaining ministers, visitation, publishing of banns, and collecting dues and assessments. [Signed by] Kerrl. 3439-PS 25.6.37 I.697 Fuenfzehnte Verordnun zur Durchfuehrun des Gesetzes zur Sicherung der Deutschen Evanyelischen Kirche (Fifteenth decree for the Execution of the Law for Security of the German Evangelical Church) establishing in the Reich Ministry for Church Affairs a Finance Department, to supervise administration of the church property budget, tax assessment, and use of budget funds. [Signed by] Kerrl. With the help of their Reich Bishop, Bishop Mueller, they maneuvered the Evangelical Youth Association into the Hitler Jugend under Von Schirach in December 1933. (1458-PS) They arrested prominent Protestant leaders such as Pastor [Page 278] Niemoeller. By 1937, the result of all these measures was complete administrative control by the Nazi conspirators over the Evangelical churches. (b) Against the Catholic Church. Just as in their program against the Evangelical Churches, so in their attack on the Catholic Church, the Nazi conspirators concealed their real intentions under a cloak of apparent respect for its rights and protection of its activities. On 20 July 1933, a Concordat was concluded between the Holy See and the German Reich, signed for the Reich by Von Papen (280-A-PS). It was the Nazi Government, not the Church, which initiated the negotiations. "The German Government asked the Holy See to conclude a Concordat with the Reich." (268-PS) By Article I of the Concordat, "The German Reich guarantees freedom of profession and public practice of the Catholic religion. "It acknowledges the right of the Catholic Church, within the limit of those laws which are applicable to all, to manage and regulate her own affairs independently, and, within the framework of her own competence, to publish laws and ordinances binding on her members." (3280-A-PS) Other articles formulated agreements on basic principles such as free communication between Rome and the local ecclesiastical authorities, freedom of the Catholic press, of Catholic education and of Catholic action in charitable, professional, and youth organizations. In return, the Vatican pledged loyalty by the clergy to the Reich Government and emphasis in religious instruction on the patriotic duties of the Christian citizen. (3280-A-PS) In reliance upon assurances by the Nazi conspirators, the Catholic hierarchy had already revoked their previous prohibition against Catholics becoming members of the Nazi Party (389 PS). The Catholic Center Party, under a combination of Nazi pressure and assurances, published on 29 December 1933, an announcement of its dissolution (2403-PS). Thus the Catholics went a long way to disarm themselves and cooperate with the Nazis. Nevertheless, the Nazi conspirators continued to develop their policy of slow strangulation of religion, first in covert, and then in open, violation of their assurances and agreements. In the Encyclical "Mt Brenneder Sorge", on 14 March 1937, Pope Pius XI described the program: "It discloses intrigues which from the beginning had no other aim than a war of extermination. In the furrows in which we had labored to sow the seeds of true peace, others like the enemy in Holy Scripture (Matt. xiii, 25) sowed [Page 279] the tares of suspicion, discord, hatred, calumny of secret and open fundamental hostility to Christ and His Church, fed from a thousand different sources and making use of every available means. On them and on them alone and on their silent and vocal protectors rests the responsibility that now on the horizon of Germany there is to be seen not the rainbow of peace but the threatening storm clouds of destructive religious wars. *** Anyone who has any sense of truth left in his mind and even a shadow of the feeling of justice left in his heart will have to admit that, in the difficult and eventful years which followed the Concordat, every word and every action of Ours was ruled by loyalty to the terms of the agreement; but also he will have to recognize with surprise and deep disgust that the unwritten law of the other party has been arbitrary misinterpretation of agreements, evasion of agreements, evacuation of the meaning of agreements, and finally more or less open violation of agreements." (3280-PS) The Nazis suppressed the Catholic Youth League, beginning ten days after the concordat was signed. (See Section 8, infra.) On 18 January 1942, in declining to accede to a demand made by the German Government that no further appointment of Archbishops, Bishops, and other high administrative dignitaries be made in the new territories of the Reich, or of certain of them within the old Reich, without previous consultation with the German Government (3261-PS), the Secretary of State of Pope Pius XII pointed to measures taken by the German Government, "Contrary not only to the existing Concordats and to the principles of international law ratified by the Second Hague conference, but oftenand this is much more graveto the very fundamental principles of divine law, both natural and positive." The Papal Secretary of State continued: "Let it suffice to recall in this connection, among other things, the changing of the Catholic State elementary schools into undenominational schools; the permanent or temporary closing of many minor seminaries, of not a few major seminaries and of some theological faculties; the suppression of almost all the private schools and of numerous Catholic boarding schools and colleges; the repudiation, decided unilaterally, of financial obligations which the State, Municipalities etc. had towards the Church; the increasing difficulties put in the way of the activity of the religious Orders and Congregations in the spiritual, cultural and social field [Page 280] and above all the suppression of Abbeys, monasteries, convents and religious houses in such great numbers that one is led to infer a deliberate intention of rendering impossible the very existence of the Orders and Congregations in Germany. "Similar and even graver acts must be deplored in the annexed and occupied territories, especially in the Polish territories and particularly in the Reichsgau Wartheland, for which the Reich Superintendent - has issued, under date of September 13th last, a 'Decree concerning Religious Associations and Religious Societies' (Verordnung uber eligioese Vereinigngen und Religion-gesellschaften) in clear opposition to the fundamental principles of the divine constitution of the Church." (3261-PS) Illustrative of the numerous other cases and specific incidents which might be adduced as the program of suppression was carried into action within Germany proper, are the measures adopted beginning in 1936 to eliminate the priest Rupert Mayer of Munich. Because of his sermons, he was confined in various prisons, arrested and rearrested, interned in Oranienburg-Sachsenhausen concentration camp, and the Ettal Monastery, from which he was released by Allied troops in May 1945, and later died. '(372-PS) (c) Against other religious groups. Members of the sect known as "BibelJorscher"meaning "Members of a Biblical Society" or "Bible-Researchers"were as early as 1937 sent as a routine matter to concentration camps by the Gestapo, even after serving of a sentence imposed by a court or.after the cancellation of an arrest order (D-84). At one camp aloneDachauthere were over 150 "Bibelforscher" in protective custody in 1937. (2928-PS) B. Acts of suppression of the Christian Churches in Annexed an Occupied Territories. (1) In Austria. The methods of suppression of churches followed in Austria by the occupying power began with measures to exclude the Church from public activities, such as processions, printing of newspapers and Reviews which could spread Christian doctrines; from forming Youth organizations, such as Boy Scouts; from directing educational or charitable activities; and even from extending help in the form of food to foreigners. Unable in conscience to obey the public prescription, ministers of religions were arrested and sent to concentration camps, and some were executed. Churches were closed, convents and mon- [Page 281] asteries suppressed, and educational property confiscated. The total number of confiscations, suppressions, or alienations of religious institutions exceeded 100 cases in one diocese alone. (3278-PS) The Lutheran Church in Austria, though comprising a small minority of the population, was subjected to organized oppression. Its educational efforts were obstructed or banned. Believers were encouraged, and sometimes intimidated, to repudiate their faith. Lutheran pastors were given to understand that a government position would be awarded to each one who would renounce his ministry and if possible withdraw from the Lutheran Church. (3273-PS) Tn summation of the period of Nazi domination and in review of the attempted suppression of the Christian Church, the Archbishops and Bishops of Austria in their first joint Pastoral after liberation declared: "At an end also is an intellectual battle, the goal of which was the destruction of Christianity and the Church among our people; a campaign of lies and treachery against truth and love, against divine and human rights and against international law." (3274-PS) (2) In Czechoslovakia. The Czechoslovak Official Report for the prosecution and trial of the German Major War Criminals by the International Military Tribunal established according to the Agreement of the Four Great Powers of 8 August 1945 describes in summary form the measures taken by the Nazi conspirators to suppress religious liberties and persecute the churches. The following excerpts are quoted from this report (998-PS): "(a) Catholic Church. "*** At the outbreak of war, 487 Catholic priests were among the thousands of Czech patriots arrested and sent to concentration camps as hostages. Venerable high ecclesiastical dignitaries were dragged to concentration camps in Germany. *** Religious orders were dissolved and liquidated, their charitable institutions closed down and their members expelled or else forced to compulsory labor in Germany. All religious instruction in Czech schools was suppressed. Most of the weeklies and monthlies which the Catholics had published in Czechoslovakia, had been suppressed from the very beginning of the occupation. The Catholic gymnastic organization "Orel" with 800,000 members was dissolved and its Property was confiscated. To a [Page 282] great extent Catholic church property was seized for the benefit of the Reich. "(b) Czechoslovak National Church. "*** The Czechoslovak Church in Slovakia was entirely prohibited and its property confiscated under German compulsion in 1940. It has been allowed to exist in Bohemia and Moravia but in a crippled form under the name of the Czecho-Moravian Church. "(c) Protestant Churches. "The Protestant Churches were deprived of the freedom to preach the gospel. German secret state police watched closely whether the clergy observed the restrictions imposed on it. *** Some passages from the Bible were not allowed to be read in public at all. *** "* * Church leaders were especially persecuted, scores of ministers were imprisoned in concentration camps, among them the General Secretary of the Students' Christian Movement in Czechoslovakia. One of the Vice- Presidents was executed. "Protestant Institutions such as the YMCA and YWCA were suppressed throughout the country. "The leading Theological School for all Evangelical denominations, HUS Faculty in Prague and all other Protestant training schools for the ministry were closed down in November 1939, with the other Czech universities and colleges. "(d) Czech Orthodox Church. "The hardest blow was directed against the Czech Orthodox Church. The Orthodox churches in Czechoslovakia were ordered by the Berlin Ministry of Church Affairs to leave the Pontificate of Belgrade and Constantinople respectively and to become subordinate to the Berlin Bishop. The Czech Bishop Gorazd was executed together with two other priests of the Orthodox Church. By a special order of the Protector Daluege, issued in September 1942, the Orthodox Church of Serbian Constantinople jurisdiction was completely dissolved in the Czech lands, its religious activity forbidden and its property "All Evangelical education was handed over to the civil authorities and many Evangelical teachers lost their employment; moreover the State grant to salaries of many evangelical priests was taken away." (998-PS) (3) In Poland. The repressive measures levelled against the Christian Church in Poland where Hans Frank was Governor- [Page 283] General from 1939 to 1945, were even more drastic and sweeping. In protest against the systematic strangulation of religion, the Vatican, on 8 October 1942, addressed a memorandum to the German Embassy accredited to the Holy See in which the Secretariat of State emphasized the fact that despite previous protests to the Minister for Foreign Affairs of the Reich, von Ribbentrop, the religious condition of the Catholics in the Warthegau "has become even sadder and more tragic." This memorandum states: "For quite a long time the religious situation in the Warthegau gives cause for very grave and ever increasing anxiety. There, in fact, the Episcopate has been little by little almost completely eliminated; the secular and regular clergy have been reduced to proportions that are absolutely inadequate, because they have been in large part deported and exiled; the education of clerics has been forbidden; the Catholic education of youth is meeting with the greatest opposition; the nuns have been dispersed; insurmountable obstacles have been put in the way of affording people the helps of religions; very many churches have been closed; Catholic intellectual and charitable institutions have been destroyed; ecclesiastical property has been seized." (3263-PS) On 18 November 1942 the Papal Secretary of State requested the Archbishop of Breslau, Cardinal Bertram, to use every effort to assist Polish Catholic workers transferred to Germany, who were being deprived of the consolations of religion. In addition, he again appealed for help for the Polish priests detained in various concentration camps, whose death rate was "still on the increase." (3265-PS). On 7 December 1942 the Cardinal Archbishop of Breslau replied that all possible efforts were being put forward by the German Bishops without success on behalf of the victims of concentration camps and labor battalions, and deplored "the intolerable decrees" against religious ministration to Poles. (3266-PS) On 2 March 1943, the Cardinal Secretary of State addressed a note to von Ribbentrop, Reichsminister for Foreign Affairs, in which the violations of religious rights and conscience among the civilian population of Poland were set out in detail, and the time, locality, and character of the persecutions were specified. Priests and Ecclesiastics were still being arrested, thrust into concentration camps, and treated with scorn and derision, while many had been summarily executed. Religious instruction was hampered; Catholic schools were closed; the use of the Polish lan- [Page 284] guage in sacred functions and even in the Sacrament of Penance was forbidden. Even the natural right of marriage was denied to men of Polish nationality under 28 years of age to women under 25. In the territory called "General Government" similar conditions existed and against these the Holy See vigorously protested. To save the harassed and persecuted leaders of the Catholic Church, the Vatican had petitioned that they be allowed to emigrate to neutral countries of Europe or America. The only concession made was that they would all be collected in one concentration camp Dachau. (3264-PS) The Nazi conspirators adopted a dilatory and obstructionist policy toward complaints as to religious affairs in the overrun territories, and a decision was "taken by those competent to do so. *** that no further consideration will be taken of proposals or requests concerning the territories which do not belong to the Old Reich." (3262-PS) "Those competent" to make decisions on complaints as to religious affairs in the overrun territories -- especially the Party Chancery, headed by Bormann -- the methods they used, and the reasons for their attitude are outlined by the Cardinal Archbishop of Breslau, a German living in Germany, in a letter to the Papal Secretary of State on 7 December 1942 as follows: "Your Eminence knows very well the greatest difficulty in the way of opening negotiations comes from the overruling authority which the "National Socialist Party Chancery" (Kanzlei der Nazion-sozstschen Parez, known as the Partei-Kanzlei) exercises in relation to the Chancery of the Reich (Reichskanzlei) and to the single Reich Ministries. This 'Parteikanzlei' directs the course to be followed by the State, whereas the Ministries and the Chancery of the Reich are obliged and compelled to adjust their decrees to these directions. Besides, there is the fact that the "Supreme Office for the Security of the Reich" called the 'Reichsscherheitshauptamt' enjoys an authority which precludes all legal action and all appeals. Under it are the 'Secret Offices for Public Security' called 'Geheime Staatspolizei' (a title shortened usually to Gestapo) of which there is one for each Province. Against the decrees of this Central Office (Reichsscherheitshauptamt) and of the Secret Offices (Geheime Staatspolizei) there is no appeal through the Courts, and no complaint made to the Ministries has any effect. Not infrequently the Councillors of the Ministries suggest that they have not been able to do as they would wish to, because of the opposition of these Party offices. As far as the executive [Page 285] power is concerned, the organization called the SS, that is Schutzstaffeln der Partei, is in practice supreme. "This hastily sketched interrelation of authorities is the reason why many of the petitions and protests made by the Bishops to the Ministries have been foiled. Even if we present our complaints to the so-called Supreme Security Office, there is rarely any reply; and when there is, it is negative. "On a number of very grave and fundamental issues we have also presented our complaints to the Supreme Leader of the Reich (Fuehrer). Either no answer is given, or it is apparently edited by the above- mentioned Party Chancery, which does not consider itself bound by the Concordat made with the Holy See." (3266-PS) The interchange of correspondence following the transmission of the above-described note of 2 March 1943 on the religious situation in the overrun Polish Provinces illustrates the same evasive tactics. (3269-PS) In his Allocution to the Sacred College, on 2 June 1945, His Holiness Pope Pius XII recalled, byway of example, "some details from the abundant accounts which have reached us from priests and laymen who were interned in the concentration camp at Dachau": "In the forefront, for the number and harshness of the treatment meted out to them, are the Polish priests. From 1940 to 1945, 2,800 Polish ecclesiastics and religious were imprisoned in that camp; among them was the Auxiliary bishop of Wloclawek, who died there of typhus. In April last there were left only 816, all the others being dead except for two or three transferred to another camp. In the summer of 1942, 480 German-speaking ministers of religion were known to be gathered there; of these, 45 were Protestants, all the others Catholic priests. In spite of the continuous inflow of new internees, especially from some dioceses of Bavaria, Rhenania and Westphalia, their number, as a result of the high rate of mortality, at the beginning of this year, did not surpass 350. Nor should we pass over in silence these belonging to occupied territories, Holland, Belgium, France (among whom the Bishop of Clermont), Luxembourg, Slovenia, Italy. Many of those priests and laymen endured indescribable sufferings for their faith and for their vocation. In one case the hatred of the impious against Christ reached the point of parodying on the person of an [Page 286] interned priest, with barbed wire, the scourging and the crowning with thorns of our Redeemer." (3268-PS) Further revealing figure on the persecution of Polish priests are contained in the following extract from Charge No. 17 against Hans Frank, Governor-General of Poland, submitted by the Polish Government, entitled "Maltreatment and Persecution of the Catholic Clergy in the Western Provinces": "IV. GENERAL CONDITIONS AND RESULTS OF THE PERSECUTION 11. The general situation of the clergy in the Archdiocese of Poznan in the beginning of April 1940 is summarized in the following words of Cardinal Hlond's second report: 5 priests shot 27 priests confined in harsh concentration camps at Stutthof and in other camps 190 priests in prison or in concentration camps at Bruczkow, Chludowo, Goruszki, Kazimierz, Biskupi, Lad, Lubin and Puszczykowo, 35 priests expelled into the Government General, 11 priests seriously ill in consequence of ill- treatment, 122 parishes entirely left without priests.' 12. In the diocese of Chefmno,. where about 650 priests were installed before the war only 30 were allowed to stay, the 97% of them were imprisoned, executed or put into concentration camps. 13. By January 141 about 7000 priests were killed, 3000 were in prison or concentration camps." (3279-PS) The Allocution of Pope Pius XII on 2 June 1945 described National Socialism as "the arrogant apostasy from Jesus Christ, the denial of His doctrine and of His work of redemption, the cult of violence, the idolatry of race and blood, the overthrow of human liberty and dignity." It summarized the attacks of "National Socialism" on the Catholic Church in these terms: "The struggle against the Church did, in fact, become even more bitter: there was the dissolution of Catholic organizations; the gradual suppression of the flourishing Catholic schools,-both public and private; the enforced weaning of youth from family and Church; the pressure brought to bear on the conscience of citizens, and especially of civil servants; the systematic defamation, by means of a clever, closely organized propaganda, of the Church, the clergy, the faithful, the Church's institutions, teaching and history; the closing, dissolution, confiscation of religious houses and other ecclesiastical institutions; the complete suppression of the Catholic press and publishing houses." (3268-PS) [Page 287] LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO SUPPRESSION OF THE CHRISTIAN CHURCHES Charter of the International Military Tribunal, Article 6, especially 6 (a, c). Vol. I Pg. 5 International Military Tribunal, Indictment Number 1, Section IV (D) 3 (c) (2, 3); X (B). Vol. I Pgs 20, 55 [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.] *064-PS; Bormann's letter to Rosenberg, 27 September 1940, enclosing letter from Gauleiter Florian criticizing Churches and publications for soldiers. (USA 359) Vol. III Pg.109 [Page 288] *068-PS; Letter from Bormann to Rosenberg, 5 April 1940, enclosing copy of Bormann's letter to the High Command of Navy, and copy of Navy High Command letter to Bormann of 9 February 1940. (USA 726) Vol. III Pg. 114 *070-PS; Letter of Deputy Fuehrer to Rosenberg, 25 April 1941, on substitution of National Socialist mottos for morning prayers in schools. (USA 349) Vol. III Pg. 118 *072-PS; Bormann letter to Rosenberg, 19 April 1941, concerning confiscation of property, especially of art treasures in the East. (USA 357) Vol. III Pg.122 *089-PS; Letter from Bormann to Rosenberg, 8 March 1940, instructing Amann not to issue further news print to confessional newspapers. (USA 360) Vol. III Pg. 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) Vol. III Pg. 152 *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). Vol. III Pg. 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) Vol. III Pg. 160 [Page 289] *107-PS; Circular letter signed Bormann, 17 June 1938, enclosing directions prohibiting participation of Reichsarbeitsdienst in religious celebrations. (USA 351) Vol. III Pg. 162 *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) Vol. III Pg. 165 *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) Vol. III Pg.173 *129-PS; Letter from Kerrl to Herr Stapol, 6 September 1939, found in Rosenberg files. (USA 727) Vol. III Pg.179 *840-PS; Party Directive, 14 July 1939, making clergy and theology students ineligible for Party membership. (USA 355) Vol. III Pg.606 *848-PS; Gestapo telegram from Berlin to Nurnberg, 24 July 1938, dealing with demonstrations against Bishop Sproll in Rottenburg. (USA 353) Vol. III Pg. 613 *849-PS; Letter from Kerrl to Minister of State, 23 July 1938, with enclosures dealing with persecution of Bishop Sproll. (USA 354) Vol. III Pg.613 *998-PS; "German Crimes Against Czechoslovakia". Excerpts from Czechoslovak Official Report for the prosecution and trial of the German Major War Criminals by the International Military Tribunal established according to Agreement of four Great Powers of 8 August 1945. (USA 91) Vol. III Pg.656 [Page 290] *1164-PS; Secret letter, 21 April 1942, from SS to all concentration camp commanders concerning treatment of priests. (USA 736) Vol. III Pg.820 *1458-PS; The Hitler Youth by Baldur von Schirach, Leipzig, 1934. (USA 667) Vol.IV Pg.22 *1481-PS; Gestapo order,20 January 1938, dissolving and confiscating property of Catholic Youth Women's Organization in Bavaria. (USA 737) Vol. IV Pg.50 *1482-PS; Secret letter, 20 July 1933 to provincial governments and the Prussian Gestapo from Frick, concerning Confessional Youth Organizations. (USA 738) Vol. IV Pg.51 *1498-PS; Order of Frick, 6 November 1934, addressed inter alios to Prussian Gestapo prohibiting publication of Protestant Church announcements. (USA 739) Vol. IV Pg.52 *1521-PS; Report from the Bavarian Political Police to the Gestapo, Berlin, 24 August 1934, concerning National mourning on occasion of death of von Hindenburg. (USA 740) Vol. IV Pg.75 *1708-PS; The Program of the NSDAP. National Socialistic Yearbook, 1941, p. 153. (USA 255; USA 324) Vol. IV Pg.208 *1815-PS; Documents on RSHA meeting concerning the study and treatment of church politics. (USA 510) Vol. IV Pg.415 [Page 291] 1855-PS; Extract from Organization Book of the NSDAP, 1937, p. 418. Vol. IV Pg. 495 *1997-PS; Decree of the Fuehrer, 17 July 1941, concerning administration of Newly Occupied Eastern Territories. (USA 319) Vol. IV Pg.634 *2349-PS: Extracts from "The Myth of 20th Century" by Alfred Rosenberg, 1941. (USA 352) Vol. IV Pg.1069 2351-PS; Speech of Rosenberg, 7 March 1937, from The Archive, Vol. 3436, p. 1716, published in Berlin, March 1937. Vol. IV Pg.1070 2352-PS; Speech of Kerrl, 27 November 1937, from The Archive, Vol. 4345, p. 1029, published in Berlin, November 1937. Vol. IV Pg.1071 2403-PS; The End of the Party State, from Documents of German Politics, Vol. I, pp. 55-56. Vol. V Pg.71 2456-PS; Youth and the Church, from Complete Handbook of Youth Laws. Vol. V Pg.198 *2851-PS; Statement by Rosenberg of positions held, 9 November 1945. (USA 6). Vol. V Pg.512 *2910-PS; Certificate of defendant Seyss-Inquart, 10 November 1945. USA 17) Vol. V Pg.579 *2928-PS; Affidavit of Mathias Lex, deputy president of the German Shoemakers Union. (USA 239) Vol. V Pg.594 *2972-PS; List of appointments held by von Neurath, 17 November 1945. (USA 19) Vol. V Pg.679 *2973-PS; Statement by von Schirach concerning positions held. (USA 14) Vol. V Pg.679 *2978-PS; Frick's statement of offices and positions, 14 November 1945. (USA 8) Vol. V Pg.683 [Page 292] *2979-PS; Affidavit by Hans Frank, 15 November 1945, concerning positions held. (USA 7) Vol. V Pg.684 *3261-PS; Verbal note of the Secretariat of State of His Holiness, to the German Embassy, 1 January 1942. (USA 568) Vol. V Pg.1009 3262-PS; Report of His Excellency, the Most Reverend Cesare Orsenigo, Papal Nuncio in Germany to His Eminence the Cardinal Secretary of State to His Holiness, 27 June 1942. Vol. V Pg.1015 *3263-PS; Memorandum of Secretariate of State to German Embassy regarding the situation in the Warthegau, 8 October 1942. (USA 571) *3264-PS; Note of His Eminence the Cardinal Secretary of State to Foreign Minister of Reich about religious situation in Warthegau and in other Polish provinces subject to 2 March 1943. (USA 572) Vol. V Pg.1018 3265-PS; Letter to His Eminence the Cardinal Secretary of State to the Cardinal Archbishop of Breslau, 18 November 1942. Vol. V Pg.1029 *3266-PS; Description; Letter of Cardinal Bertram, Archbishop of Breslau to the Papal Secretary of State, 7 December 1942. (USA 573) Vol. V Pg.1031 3267-PS; Verbal note of German Embassy to Holy See to the Secretariate of State of His Holiness, 29 August 1941. Vol. V Pg. 1037 *3268-PS; Allocution of His Holiness Pope Pius XII, to the Sacred College, 2 June 1945. (USA 356) Vol. V Pg.1038 [Page 293] 3269-PS; Correspondence between the Holy See, the Apostolic Nuncio in Berlin, and the defendant von Ribbentrop, Reich Minister of Foreign Affairs. Vol. V Pg. 1041 3272-PS; Statement of Rupert Mayer, 13 October 1945. Vol. V Pg.1061 3273-PS; Statement of Lutheran Pastor, Friedrich Kaufmann, Salzburg, 23 October 1945. Vol. V Pg.1064 *3274-PS; Pastoral letter of Austrian Bishops read in all churches, 14 October 1945. (USA 570) Vol. V Pg.1067 *3278-PS; Report on fighting of National Socialism in Apostolic Administration of Innsbruck- Feldkirch of Tyrol and Vorarlberg by Bishop Paulus Rusch, 27 June 1945 and attached list of church institutions there which were closed, confiscated or suppressed. (USA 569) Vol. V Pg.1070 *3279-PS; Extract from Charge No. 17 against Hans Frank submitted by Polish Government to International Military Tribunal. (USA 574) Vol. V Pg.1078 *3280-PS; Extract from Papal Encyclical "Mit Brennender Sorge", set forth in Appendix II, p. 524, of "The Persecution of the Catholic Church in the Third Reich". (USA 567) Vol. V Pg.1079 3280-A-PS; Concordat between the Holy See and the German Reich. Reichsgesetzblatt, Part II, p. 679. Vol. V Pg.1080 *3387-PS; Hitler Reichstag speech, 23 March 1933, asking for adoption of Enabling Act, from Voelkischer Beobachter, 24 March 1933, p. 1. (USA 566) Vol. VI Pg.104 [Page 294] *3389-PS; Fulda Declaration of 28 March 1933, from Voelkischer Beobachter, 29 March 1933, p. 2. (USA 566) Vol. VI Pg.105 3433-PS; Law concerning the Constitution of the German Protestant Church, 14 July 1933. 1933 Reichsgesetzblatt, Part I, p. 471. Vol. VI Pg.136 3434-PS; Law concerning procedure for decisions in legal affairs of the Protestant Church, 26 June 1935. 1935 Reichsgesetzblatt, Part I, p. 774. Vol. VI Pg.143 3435-PS; First Ordinance for Execution of Law concerning procedure for decisions in legal affairs of the Protestant Church, 3 July 1935. 1935 Reichsgesetzblatt, Part I, p. 851. Vol.VI Pg.144 3436-PS; Law for Safeguarding of German Protestant Church, 24 September 1935. 1935 Reichsgesetzblatt, Part I, p. 1178. Vol. VI Pg.145 3437-PS; Fifth Decree for execution of law for safeguarding of the German Protestant Church, 2 December 1935. 1935 Reichsgesetzblatt, Part I, p. 1370. Vol. VI Pg.146 3439-PS; Fifteenth decree for the Execution of law for Security of German Protestant Church, 25 June 1937. 1937 Reichsgesetzblatt, Part I, p. 697. Vol. VI Pg.147 3466-PS; Decree to unite the competences of Reich and Prussia in Church Affairs, 16 July 1935. 1935 Reichsgesetzblatt, Part I, p. 1029. Vol. VI Pg.168 3560-PS; Decree concerning organization and administration of Eastern Territories, 8 October 1939. 1939 Reichsgesetzblatt, Part I, p. 2042. Vol. VI Pg.244 [Page 295] 3561-PS; Decree concerning the Administration of Occupied Polish Territories, 12 October 1939. 1939 Reichsgesetzblatt, Part I, p. 2077. Vol. VI Pg.246 3701-PS; Proposal for Reichsleiter Bormann concerning speech of Bishop of Meunster on 3 August 1941. Vol. VI Pg.405 *3751-PS; Diary of the German Minister of Justice, 1935 concerning prosecution of church officials and punishment in concentration camps. (USA 828; USA 858) Vol. VI Pg.636 *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) Vol.VI Pg.1035 *D-84; Gestapo instructions to State Police Departments, 5 August 1937, regarding protective custody for Bible students. (USA 236) Vol. VI Pg.1040 *EC-68; Confidential letter from Minister of Finance and Economy, Baden, containing directives on treatment of Polish Farm workers, 6 March 1941. (USA 205) Vol. VII Pg.260 *R-101-A; Letter from Chief of the Security Police and Security Service to the Reich Commissioner for the Consolidation of German Folkdom, 5 April 1940, with enclosures concerning confiscation of church property. (USA 358) Vol. VIII Pg.87 R-101-B; Letter from Himmler to Dr. Winkler, 31 October 1940, concerning treatment of church property: in incorporated Eastern countries. Vol. VIII Pg.89 [Page 296] *R-101-C; Letter to Reich Leader SS, 30 July 1941, concerning treatment of church property in incorporated Eastern areas. (USA 358) Vol. VIII Pg.91 *R-101-D; Letter from Chief of Staff of the Reich Main Security Office (RSHA) to Reich Leader SS, 30 March 1942, concerning confiscation of church property. (USA 358) Vol. VIII Pg.92 *R-103; Letter from Polish Main Committee to General Government of Poland on situation of Polish workers in the Reich, 17 May 1944. (USA 204) Vol. VIII Pg.104 *R-145; State Police Order, 28 May 1934, at Duesseldorf, signed Schmid, concerning sanction of denominational youth and professional associations and distribution of publications in churches. (USA 745) Vol. VIII Pg.248 7. ADOPTION AND PUBLICATION OF THE PROGRAM FOR PERSECUTION OF JEWS A. The official program of the NSDAP, proclaimed 24 February 1920 by Adolf Hitler at a public gathering in Munich. Point 4: "None but members of the nation (Volksgenosse) may be citizens. None but those of German blood, whatever their creed, may be members of the nation. No Jew, therefore, may be a member of the nation." Point 5: "Anyone who is not a citizen may live in Germany only as a guest and must be regarded as being subject to legislation for foreigners." Point 6: "The right to determine matters concerning government and legislation is to be enjoyed by the citizen alone. We demand therefore that all appointments to pub- [Page 297] lic office, of whatever kind, whether in the Reich, Land, or municipality, be filled only by citizens. * * " Point 7: "We demand that the state make it its first duty to promote the industry and livelihood of citizens. If it is not possible to nourish the entire population of the State, the members of foreign nations (non-citizens) are to be expelled from the Reich." Point 8: "Any further immigration of non-Germans is to be prevented. We demand that all non-Germans who entered Germany subsequent to 2 August 1914, shall be forced immediately to leave the Reich." Point 23: "We demand legal warfare against conscious political lies and their dissemination through the press. In order to make possible the creation of a German press we demand: (a) that all editors and collaborators of newspapers published in the German language be members of the nation. (b) non-German newspapers be requested to have express permission of the State to be published. They may not be printed in the German language. (c) non-Germans be prohibited by law from financial participation in or influence on German newspapers, and that as penalty for contravention of the law such newspapers be suppressed and all non-Germans participating in it expelled from the Reich. ***" (1708-PS) B. Development of ideological basis for antiSemitic measures. Among the innumerable statements made by the leaders of the NSDAP are the following: Rosenberg advocated in 1920 the adoption of the following program concerning the Jews: "(1) The Jews are to be recognized as a (separate) nation living in Germany, irrespective of he religion they belong to. (2) A Jew is he whose parents on either side are nationally Jews. Anyone who has a Jewish husband or wife is henceforth a Jew. (3) Jews have no right to speak and write on or be active in German politics. (4) Jews have no right to hold public offices, or to serve in the Army either as soldiers or as officers. However, their contribution of work may be considered. [Page 298] (5) Jews have no right to be leaders of cultural institution of the state and community (theaters, galleries, etc.) or to be professors and teachers in German schools and universities. (6) Jews have no right to be active in state or municipal commissions for examinations, control, censorship, etc. Jews have no right to represent the German Reich in economic treaties; they have no right to be represented in the directorate of state banks or communal credit establishments. (7) Foreign Jews have no right to settle in Germany permanently. Their admission into the German political community is to be forbidden under all circumstances. (8) Zionism should be energetically supported in order to promote the departure of German Jews -- in numbers to be determined annually to Palestine or generally across the border." (2842-PS) Rosenberg's "Zionism" was neither sincere nor consistent, for in 1921 he advocated breaking up Zionism, "which is involved in English-Jewish politics." (2432-PS). He advocated in 1921 the adoption by "all Germans" of the following slogans: "Get the Jews out of all parties. Institute measures for the repudiation of all citizenship rights of all Jews and half-Jews: banish all the Eastern Jews; exercise strictest vigilance over the native ones. * * *" (2432-PS) Frick and other Nazis introduced a motion in the Reichstag on 27 May 1924, "to place all members of the Jewish race under special laws." (2840-PS). Frick also asked in the Reichstag, on 25 August 1924, for the realization of the Nazi program by "exclusion of all Jews from public office." (2893-PS) C. AntiSemitism was seized upon by the Nazi conspirators as a convenient instrument to unite groups and classes of divergent views and interests under one banner. Adolf Hitler described racial anti-Semitism as "a new creed for the masses" and its spreading among the German people as "the most formidable task to be accomplished by our movement." (2881-PS). Rosenberg called for the Zusanamenraffen aller Deutschen zeiner stahlharten, voelkischen Eiqheitsfront" (gathering of all Germans into a steel-hard racial united front) on the basis of anti-Semitic slogans (2432-PS). Gotfried Feder, official commentator of the Nazi Party program, stated: "AntiSemitism is in a way the emotional foundation of our movement." (2844-PS) [Page 299] There are innumerable admissions on the part of the Nazi leaders as to the part which their anti-Semitic propaganda played in their acquisition of control. The following statement concerning the purpose of racial propaganda was made by Dr. Walter Gross, director of the Office of Racial Policy of the Nazi Party: "In the years of fight, the aim was to employ all means of propaganda which promised success in order to gather people who were ready to overthrow, together with the Party, the harmful post-war regime and put the power into the hand of the Fuehrer and his collaborators. * * * In these years of fight the aim was purely political: I meant the overthrow of the regime and acquisition of power. *** Within this great general task the education in racial thinking necessarily played a decisive part, because herein lies basically the deepest revolutionary nature of the new spirit." (2845- PS) In another official Nazi publication, recommended for circulation in all Party units and establishments, it is stated: "The whole treatment of the Jewish problem in the years prior to our seizure of power is to be regarded essentially from the point of view of the political education of the German people." (To disregard this angle of the use made of anti-Semitism means) "to disregard the success and aim of the work toward racial education." (2427-PS) D. After the acquisition of power the Nazi conspirators initiated a state policy of persecution of the Jews. (1) The first organized act was the boycott of Jewish enterprises on 1 April 1933. The boycott action was approved by all the defendants who were members of the Reichsregierung (Reich Cabinet), and Streicher was charged with its execution. Presented as an alleged act of "self defense", the boycott action was intended to frighten Jewish public opinion abroad and force it, by the threat of collective responsibility to all Jews in Germany, to desist from warning against the Nazi danger. (2409-PS; 2410-PS) The boycott was devised as a demonstration of the extent to which the Nazi Party controlled its members and the German masses; consequently, spontaneous action and physical violence were discouraged. Goebbels stated: "The national-socialist leadership had declared: 'The boycott is legal', and the government demands that the people permit that the boycott be carried out legally. We expect iron discipline. This must be for the whole world a wonderful [Page 300] show of unity and manly training. To those abroad who believe that we could not manage it, we want to show that we have the people in our hand." (2431-PS) (2) Laws eliminating Jews from various offices and functions. The Nazi conspirators legislative program was gradual and, in the beginning, relatively "moderate." In the first period, which dates from 7 April 1933 until September 1935, the laws eliminated Jews from public office and limited their participation in schools, certain professions, and cultural establishments. The following are the major laws issued in this period: Document Number Date Reichsgesetzblatt -Page Title and Gist of Law ------------------------------------------------------------ ------------------------------------------------------ 1397-PS 7.4.33 I.175 Gesetz zur Wiederherstellunl des Berufsbeamtenturn (Law for the reestablishment of the professional civil service), removing Jews from Civil Service. [Signed by] Hitler, Frick, Schwerin, V. Krosigk. 7.4.33 I.188 Gesetz uber die Zulassun zur Rechtsanwaltschaft (Law relating to admission to the Bar) removing Jews from the Bar. [Signed by] Guertner. 2868-PS 22.4.33 I.217 Gesetz betreff die Zulassun zur Patentanwaltschaft (Law relating to the admission to the profession of patent agent and lawyer) excluding Jews from acting as patent attorneys. [Signed by] Hitler, Guertner. 2869-PS 6.5.33 I.257 Gesetz uber die Zulasun von Steuereratern. (Law relating to the admission of Tax Advisors) eliminating "nonAryans" from the profession of tax consultants. [Signed by] Hitler, Schwerin, V. Krosigk. 2084-PS 22.4.33 I.215 Gesetz uber die uberfullun deutscher Schullen ( Law against the over- crowding of German schools and higher institutions) limiting drastically the number of Jewish students. [Signed by] Hitler, Frick. [Page 301] 2870-PS 26.7.33 I.538 Verordnung zur Durchfuehrung des Gesetzes uber den Widerruf von Einbuergerungen (Executing decree for the law about the Repeal of Naturalizations and the adjudication of German citizenship) defining Jews from Eastern Europe as "undesirable" and subject to denationalization. [Signed by] Pfundtner (Asst. to Frick). 2083-PS 4.10.33 I.713 Schriftleitergesetz (Editorial Law) barring "non-Aryans" and persons married to "non-Aryans" from the newspaper profession. [Signed by] Hitler, Goebbels. 2984-PS 21.5.35 I.608 Wehrgesetz (Law concerning Armed Forces) barring "non- Aryans" from military service. [Signed by: v. Blomberg] On 10 September 1935, Minister of Education Rust issued a circular ordering the complete elimination of Jewish pupils from Aryan" schools (2894-PS). This legislative activity, in addition to being the first step towards the elimination of the Jews, served an "educational" purpose and was a further test of the extent of control exerted by the Nazi Party and regime over the German masses. Dr. Achim Gercke, racial expert of the Ministry of the Interior, stated: "The laws are mainly educational and give direction. The aspect of the laws should not be underestimated. The entire nation is enlightened on the Jewish problem; it learns to understand that the national community is a blood community; it understands for the first time the racial idea, and is diverted from a too theoretical treatment of the Jewish problem and faced with the actual solution." (2904-PS) It was clear, however, that the Nazi conspirators had a far more ambitious program in the Jewish problem and put off its realization for reasons of expediency. In the words of Dr. Gercke: "Nevertheless the laws published thus far cannot bring a final solution of the Jewish problem, because the time has not yet come for it, although the decrees give the general [Page 302] direction and leave open the possibility of further developments. "It would be in every respect premature now to work out and publicly discuss plans to achieve more than can be achieved for the time being. However, one must point out a few basic principles so that the ideas which one desires and must have ripened will contain no mistakes. *** "All suggestions aiming at a permanent situation, at a stabilization of the status of the Jews in Germany do not solve the Jewish problem, because they do not detach the Jews from Germany. *** "Plans and programs must contain an aim pointing to the future and not merely consisting of the regulation of a momentarily uncomfortable situation." (2904-PS) (3) Deprivation of Jews of their rights as citizens. After a propaganda barrage, in which the speeches and writings of Streicher were most prominent, the Nazi conspirators initiated the second period of anti-Jewish legislation (1 September 1935 to September 1938). In this period the Jews were deprived of their full rights as citizens (First Nurnberg Law and forbidden to marry "Aryans" (Second Nurnberg Law). Further steps were taken to eliminate Jews from certain professions, and the groundwork was laid for the subsequent expropriation of Jewish property. These laws were hailed as the fulfillment of the Nazi Party program. The major laws issued in this period are listed below: Document Number Date Reichsgesetzblatt-Page Title and Gist of Law 1416-PS 15.9.35 I.1145 Reichsbuergergesetz (Reich Citizenship Law), first Nurnberg Law, reserving citizenship for subjects of German blood. [Signed by] Hitler, Frick. 2000-PS 15.9.35 I.1146 Gesetz zum Sohutze des deutschen Blutes, (Law for protection of German blood and German honor), forbidding marriages and extramarital relations between Jews and "Aryans" [Signed by] Hitler, Frick, Guertner, Hess. [Page 303] 1417-PS 14.11.35 I.1333 Erste Verordnung zum Reichsbuergergesetz (First regulation to Reich citizenship law), defining the terms "Jew" and "part-Jew". Jewish officials to be dismissed. [Signed by] Hitler, Frick, Hess. 2871-PS 7.3.36 I.133 Gesetz ueber as Reichstagwahlrecht (Law governing elections to the Reichstag) barring Jews from Reichstag vote. [Signed by] Hitler, Frick. 1406-PS 26.4.38 I.414 Verordnung ueber die Ammeldun des Vermoens von Jude (Decree for reporting Jewish owned property), basis for subsequent expropriation. [Signed by] Goering, Frick. 2872-PS 25.7.38 I.969 Vierte Verordnung zum Reichsbuergergesetz. Fourth decree on the Citizenship Law, revoking licenses of Jewish physicians. [Signed by] Frick. 2873-PS 17.8.38 I.1044 Zweite Verordnung zur Durchfuhwhng des Gesetzes ueber die Aenderung von Familiennamen und Vornmen (Second decree on law concerning change of first and last names), forcing Jews to adopt the names "Israel" and "Sara". [Signed by] Frick. 2874-PS 27.9.38 I.1403 Fuenfte Verordnung zum Reichsbuergergesetz. (Fifth decree to law relating to the Reich citizenship), revoking admission of Jewish lawyers. (4) Program of 9 November 1938 and elimination of Jew. from economic life. In the autumn of 1938, within the framework of economic preparation for aggressive war and as an act of defiance to world opinion, the Nazi conspirators began to put into effect a program of complete elimination of the Jews. The measures [Page 304] taken were partly presented as retaliation against "world Jewry" in connection with the killing of a German embassy official in Paris. Unlike the boycott action in April, 1933, when care was taken to avoid violence, an allegedly "spontaneous" pogrom was staged and carried out all over Germany on orders of Heydrich. The organized character of the pogrom is also obvious from the admission of Heydrich and others at a meeting presided over by Goering at the Air Ministry in Berlin. (1816-PS) The legislative measures which followed were discussed and approved in their final form at a meeting on 12 November 1938 under the chairmanship of Goering, with the participation of Frick, Funk and others. The meeting was called following Hitler's orders "requesting that the Jewish questions be now, once and for all, coordinated and solved one way or another." The participants agreed on measures to be taken "for the elimination of the Jew from German economy." Other possibilities, such as the establishment of ghettos, stigmatization through special insignia, and "the main problem, namely to kick the Jew out of Germany", were also discussed. All these measures were later enacted as soon as conditions permitted. (1816-PS) The laws issued in this period were signed mostly by Goering, in his capacity as Deputy for the Four Year Plan, and were thus connected with the consolidation of control over German economy in preparation for aggressive war. The major laws issued in this period are listed below: Document Number Date Reichsgesetzblatt- Title and Gist of Law Page ------------------------------------------------------------ ------------------------------------------------------ 1412-PS 12.11.38 I.1579 Verordnun ueber eine Suhneleistun der Juden (Order concerning expiation contribution of Jews of German nationality), obligating all German Jews to pay a collective fine of 1.000.000.000 Reichsmark. [Signed by] Goering. 2875-PS 12.11.38 I.1580 Verordnun zur Ausschltun der Juden aus dem deutschen Wirtschaftsleben (Decree on elimination of Jews from German economic life), barring Jews from trade and crafts. [Signed by] Goering. [Page305] 1415-PS 28.11.38 I.1676 Polizeiverordnun ueber das Auftreten der Juden in der Queffentlichkeit (Police regulation of the appearance of Jews in public), limiting movement of Jews to certain localities and hours. [Signed by] Heydrich (assistant to Frick). 1409-PS 3.12.38 I.1709 Verordnun ueber den Einsatz des Juedischen Vermoegens (Order concerning the Utilization of Jewish property), setting time limit for the sale or liquidation of Jewish enterprises; forcing Jews to deposit shares and securities held by them; forbidding sale or acquisition of gold and precious stones by Jews. [Signed by] Funk, Frick. 1419-PS 30.4.39 I.864 Gesetz ueber Mietverhaeltnisse mit Juden (Law concerning Jewish tenants) granting to landlords the right to give notice to Jewish tenants before legal expiration of lease. [Signed by] Hitler, Guertner, Krohn, Hess, Frick. 2876-PS 4.7.39 I.1097 Zehnte Verordnung zum Peichsbuergergesetz (Tenth decree relating to the Reich Citizenship Law), forcible congregation of Jews in the "Reichsvereinigung der Juden in Deutschland" [Signed by] Frick, Rust, Kerrl, Hess. 2877-PS 1.9.41 I.547 Polizeiverordnun ueber die Konnzeichnun der Juden (Police order concerning identification of Jews) forcing all Jews over 6 years of age to wear the Star of David. [Signed by] Heydrich. (5) Extermination of German Jews. Early in 1939 Hitler and the other Nazi conspirators decided to arrive at a "final solution of the Jewish problem." In connection with preparations for [Page 306] aggressive war, further consolidation of controls and removal of elements not belonging to the Volksgemeinschaft (racial community) were deemed necessary. The conspirators also anticipated the conquest of territories in Eastern Europe inhabitated by large numbers of Jews and the impossibility of forcing large-scale emigration in war-time. Hence, other and more drastic measures became necessary. The emphasis in this period shifted from legislative acts to police measures. On 24 January 1939 Heydrich was charged with the mission of "arriving at a solution of the Jewish problem." (710-PS) On 1 January 1939 Rosenberg stated in a speech at Detmold: "For Germany the Jewish problem will be solved only when the last Jew has left Germany." On 7 February 1939, Rosenberg appealed to foreign nations to forget "ideological differences" and unite against the "real enemy," the Jew. He advocated the creation of a "reservation" where the Jews of all countries should be concentrated (2843-PS). In his Reichstag speech on 30 January 1939, Hitler made the following prophecy: "The result [of war] will be *** the annihilation of the Jewish race in Europe." (2663-PS) Thus the direction was given for a policy which was carried out a soon as the conquest of foreign territories created the material conditions. (For the carrying out and results of the program of the Nazi conspirators against Jewry, see Chapter XII.) In the final period of the anti-Jewish crusade very few legislative measures were passed. The Jews were delivered to the SS and various extermination staffs. The last law dealing with the Jews in Germany, signed by Frick, Bormann, Schwerin, V. Krosigk, and Thierach, put them entirely outside the law and ordered the confiscation by the State of the property of dead Jews (1422-PS). This law was a weak reflection of a factual situation already in existence. Dr. Wilhelm Stuckart, assistant to Frick, stated at that time: "The aim of the racial legislation may be regarded as already achieved and consequently the racial legislation as essentially closed. It led to the temporary solution of the Jewish problem and at the same time prepared the final solution. Many regulations will lose their practical importance as Germany approaches the achievement of the final goal in the Jewish problem." (Stuckart and Schiedermair: Rassen und Erbpflege in der Gesetzgebung des Reiches (The care for Race and Heredity in the Legislation of the Reich), Leipzig, 1943, p. 14.) [Page 307] LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ADOPTION AND PUBLICATION OF THE PROGRAM FOR PERSECUTION OF JEWS Charter of the International Military Tribunal, Article 6, especially 6 (a). Vol. I Pg. 5 International Military Tribunal, Indictment Number 1, Section IV (D) 3 (d). Vol. I Pg. 20 [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.] *710-PS; Letter from Goering to Heydrich, 31 July 1941, concerning solution of Jewish question. (USA 509) Vol. III Pg.525 1397-PS; Law for the reestablishment of the Professional Civil Service, 7 April 1933. 1933 Reichsgesetzblatt, Part I, p. 17. Vol. III Pg. 981 1401-PS; Law regarding admission to the Bar, 7 April 1933. 1933 Reichsgesetzblatt, Part I, p. 188. Vol. III Pg.989 1406-PS; Decree for reporting of Jewish owned property, 26 April 1938. 1938 Reichsgesetzblatt, Part I, p.414. Vol. III Pg.1001 [Page 308] 1409-PS; Order concerning utilization of Jewish property, 3 December 1938. 1938 Reichsgesetzblatt, Part I, p. 1709. Vol. IV Pg. 1 1412-PS; Decree relating to payment of fine by Jews of German nationality, 12 November 1938. 1938 Reichsgesetzblatt, Part I, p. 1579. Vol. IV Pg. 6 1415-PS; Police regulation concerning appearance of Jews in public, 28 November 1938. 1938 Reichsgesetzblatt, Part I, p. 1676. Vol. IV Pg. 6 1416-PS; Reich Citizen Law of 15 September 1935. 1935 Reichsgesetzblatt, Part I, p. 1146. Vol. IV Pg. 7 *1417-PS; First regulation to the Reichs Citizenship Law, 14 November 1935. 1935 Reichsgesetzblatt, Part I, p. 1333. (GB 258) Vol. IV Pg. 8 1419-PS; Law concerning Jewish tenants, 30 April 1939. 1939 Reichsgesetzblatt, Part I, p. 864. Vol. IV Pg.10 1422-PS; Thirteenth regulation under Reich Citizenship Law, 1 July 1943. 1943 Reichsgesetzblatt, Part I, p.372. Vol. IV Pg.14 *1708-PS; The Program of the NSDAP. National Socialistic Yearbook, 1941, p. 153. (USA 255; USA 324) Vol. IV Pg.208 *1816-PS; Stenographic report of the meeting on The Jewish Question, under the Chairmanship of Fieldmarshal Goering, 12 November 1938. (USA 261) Vol. IV Pg.425 2000-PS; Law for protection of German blood and German honor, 15 September 1935. 1935 Reichsgesetzblatt, Part I, No. 100, p. 1146. Vol IV Pg.636 [Page 309] 2022-PS; Law against overcrowding of German schools and Higher Institutions, 25 April 1933. 1933 Reichsgesetzblatt, Part I, p. 225. Vol. IV Pg.651 2083-PS; Editorial control law, 4 October 1933. 1933 Reichsgesetzblatt, Part I, p. 713. Vol. IV Pg.709 2084-PS; Law on formation of the Student Organization at Scientific Universities, 22 April 1933. 1933 Reichsgesetzblatt, Part I, p. 215. Vol. IV Pg.718 *2409-PS; Extracts from The Imperial House to the Reich Chancellery by Dr. Joseph Goebbels. (USA 262) Vol. V Pg. 83 2410-PS; Article by Julius Streicher on the "coming popular action" under banner headline "Beat the World Enemy", from Voelkischer Beobachter, South German Edition 31 March 1933. Vol. V Pg.85 2427-PS; The Racial Awakening of German Nation by Dr. Rudolf Frercks, in National Political Enlightenment Pamphlets. Vol. V Pg.92 2431-PS; The Revolution of the Germans; 14 years of National Socialism, by Dr. Joseph Goebbels. Vol. V Pg.92 2432-PS; Extracts from Rosenberg's, Writings From The Years, 1921-1923. Vol. V Pg.93 *2663-PS; Hitler's speech to the Reichstag, 30 January 1939, quoted from Voelkischer Beobachter, Munich edition, 1 February 1939. (USA 268) Vol. V Pg.367 2840-PS; Dr. Wilhelm Frick and his Ministry, 1937, p. 180-181. Vol. V Pg. 503 2841-PS; Extract from the Care for Race and Heredity in the Legislation of the Reich, Leipzig, 1943, p. 14. Vol. V Pg.504 [Page 310] 2842-PS; Extract from Writings of the years, 1917-21, by Alfred Rosenberg, published in Munich 1943, pp.320-321. Vol. V Pg. 504 2843-PS; Race Politics from Documents of German Politics, Vol. VII, pp. 728-729. Vol. V Pg.505 2844-PS; The Program of the Nazi Party, by Gottfried Feder, August 1927, Munich, p. 17. Vol. V Pg.506 2845-PS; One Year of Racial Political Education by Dr. Gross in National Socialist Monthly No. 54, September 1934, pp. 833-834. Vol. V Pg.506 2868-PS; Law relating to admission of profession of Patent-Agent and Lawyer, 22 April 1933. 1933 Reichsgesetzblatt, Part II, No. 41, pp.217-8. Vol. V Pg.529 2869-PS; Law relating to admission of Tax Advisors, 6 May 1933. 1933 Reichsgesetzblatt, Part I, No. 49, p.257. Vol. V Pg.530 2870-PS; Executory decree for law about repeal of Naturalization and Adjudication of German Citizenship, 26 July 1933. 1933 Reichsgesetzblatt, Part I, p. 538. Vol. V Pg.530 2871-PS; Law governing elections to Reichstag, 7 March 1936. 1936 Reichsgesetzblatt, No. 19, p. 133. Vol. V Pg.532 2872-PS; Fourth decree relative to Reich Citizen Law of 25 July 1938. 1938 Reichsgesetzblatt, Part I, p. 969. Vol. V Pg.533 2873-PS; Second decree allotting to Implementation of Law on change of first and family names, 17 August 1938. 1938 Reichsgesetzblatt, Part I, p. 1044. Vol. V Pg.534 [Page 311] 2874-PS; Fifth decree to law relating to Reich Citizenship, 27 September 1938. 1938 Reichsgesetzblatt, Part I, No. 165, p. 1403. Vol. V Pg.535 2875-PS; Decree on exclusion of Jews from German economic life, 12 November 1938. Vol. V Pg.536 2876-PS; Tenth decree relating to Reich Citizenship Law, 4 July 1939. 1939 Reichsgesetzblatt, Part I, p.1097. Vol. V Pg.537 2877-PS; Police decree concerning "marking" of Jews, 1 September 1941. 1941 Reichsgesetzblatt, Part I, No. 100, p. 547. Vol. V Pg.539 2881-PS; Hitler's speech of 12 April 1922, quoted in Adolf Hitler's Speeches, published by Dr. Ernst Boepple, Munich, 1934, pp. 20-21, 72. Vol. V Pg.548 2893-PS; Article: "Dr. Frick and the Unity of the Reich" by Walter Koerber, published in Our Reich Cabinet, Berlin, 1936, p. 87. Vol. V Pg. 562 2894-PS; General Decree of 10 September 1935 on establishment of separate Jewish schools, published in Documents of German Politics, 1937, p.152. Vol. V Pg. 686 2904-PS; The Racial Problem and the New Reich, published in The National Socialist Monthly, No. 38, May 1933, pp.196-7. Vol. V Pg. 570 2984-PS; Law concerning armed forces, 21 May 1936. 1935 Reichsgesetzblatt, Part I. Vol. V Pg. 686 *3054-PS; "The Nazi Plan", script of a motion picture composed of captured German film. (USA 167) Vol. V Pg. 801 8. RESHAPING OF EDUCATION AND RETRAINING OF YOUTH A. The Nazi conspirators reshaped the educational system. (1) The Nazi conspirators publicly announced the purposes of their educational and training program. Hitler stated at Elbing, Germany: "When an opponent declares, 'I will not come over to your side, and you will not get me on your side,' I calmly say, 'Your child belongs to me already. A people lives forever. What are you? You will pass on. Your descendants however now stand in the new camp. In a short time they will know nothing else b?l,t this new community'." (2455-PS) Hitler said on 1 May 1937: "The youth of today is ever the people of tomorrow. For this reason we have set before ourselves the task of inoculating our youth with the spirit of this community of the people at a very early age, at an age when human beings are still unperverted and therefore unspoiled. * * * This Reich stands, and it is building itself up for the future, upon its youth. And this new Reich will give its youth to no one, but will itself take youth and give to youth its own education and its own upbringing." (2454-PS) The first sentence in the official instructors manual for high schools reads: "The German school is a part of the National Socialist Educational order. It is its obligation to form the national socialistic personality in cooperation with the other educational powers of the nation, but by its distinctive educational means." (2453-PS) Hitler stated in Mein Kampf: "On this basis the whole education by the National State must aim primarily not at the stuffing with mere knowledge, but at the building up of bodies which are physically healthy to the core. The development of intellectual faculties comes only after this." (2392- PS) (2) They transferred responsibility for education from the states to the Reich. The Reich Ministry of Education was established, and control of all schools, public and private, including universities and adult educational activities, was transferred to this Reichsministry (2078-PS; 2088-PS). The control of education by the local authorities was replaced by the absolute authority of the Reich in all educational matters. (2393-PS) [Page 313] 3) They changed the curricula and textbooks. Kindergarten: Children from two to six years were trained in more than 15,000 Kindergartens operated by the Party and State. The teachers in charge were trained in special schools that emphasized the ideological views of the Nazi Party. The children were given a systematic training in Nazi ideology. (2443-PS; 2441-PS) Elementary schools: Primary emphasis was plated on physical training. History, German race culture and mathematics were the other subjects emphasized. These subjects were taught in such a way as to emphasize the cultural superiority of the German people, the importance of race, the Fuehrer principle, glorification of German war heros, the subversive elements that caused the defeat of Germany in World War I, the shame of the Versailles Treaty, and the rebirth of Germany under the Nazis. (292-PS; 2397-PS; 2441-PS; 2394-PS) In addition to education in the schools all children from six to ten years were registered in the Kindergruppen (Children's Groups) conducted by the National Socialist Frauenschaft (National Socialist Women's Organization). All children were required to obtain an efficiency record card and uniform and were instructed in Nazi ideology by the members of the Women's Organization. (2441-PS; 2452-PS) High Schools (Hoeheren Schule): The curricula and organization of the Hoeheren School was modified by a series of decrees of the Minister of Education in order to make these schools effective instruments for the teaching of the Nazi doctrines. A new curricula emphasizing physical training, German war history, and race culture was introduced. (2453-PS) Universities: The schools of politics and physical education became the largest colleges at the universities. Beginning in 1933 the Nazis introduced courses in heredity and race culture, ancient and modern German history, biology and geopolitics. (2443-PS; 2441-PS) Textbooks in the schools were changed to accord with the expressed objectives of the Nazi conspirators. (2446-PS; 2442-PS; 2444-PS; 2445-PS) (4) The Nazi conspirators acquired domination and control over all teachers. The law for the reestablishing of the professional civil service made it possible for the Nazi conspirators thoroughly to reexamine all German teachers and to remove all "harmful and untrustworthy" elements (1397-PS; 2392-PS). Many teachers and professors (mostly Jewish) were dismissed [Page 314] and were replaced with "State spirited" teachers (2392-PS). All teachers were required to take an oath of loyalty and obedience to Hitler (2061-PS). All teachers were required to belong to the National Socialist Lehrerbund (National Socialist Teachers League), which organization was charged with the training of all teachers in the theories and doctrines of the NSDAP. (2452-PS) In 1934 the National Socialist Teachers League was declared to be the official organ of German education. (2393-PS) The Civil Service Act of 1937 required the teachers to be "the executors of the will of the party-supported State." It required them to be ready at "any time to defend without reservation the National Socialist State." The law required the teachers to participate strenuously in elections, have thorough knowledge of Party principles and literature, render the Hitler Salute, send their children to the Hitler Youth, and educate them in the Nazi spirit (2340-PS). Before taking their second examination (required for permanent appointment), teachers in Prussia were required to show service in the SA and in the Arbeitsdienst (Labor Service) (2392-PS). Candidates for teaching and other public positions were required to have "proved themselves" in the Hitler Jugend (2451-PS; 2900-PS). Teachers' academies were judged by the Minister of Education on their ability to turn out men and women with new ideas "based on blood and soil". (2394-PS) The leadership principle replaced the democratic school principle. A decree of the Reich Minister of Education made the head of any school fully responsible for the conduct of the institution in line with the official party ideology. Teachers committees and Student Committees were abolished (2393-PS; 2392-PS). A "confidential instructor," the school youth warden of the Hitler Jugend, appointed by the Hitler Youth authorities, was assigned to each school (2396-PS). The "Parents Advisory Committees" in the public schools were dissolved, and replaced by the "School Communities," (Schulgemeinde). The headmaster was the leader. He appointed, after consultation with the local party leader, two to five teachers or parents, known as "Jugendwalter," (Youth Advisors) and one Hitler Youth leader, who was appointed after consultation with the Hitler Youth officials in the district (299-PS). The duties of the "School Community" were to bring to the attention of the public the educational objectives of the Nazi Party, including race questions, heredity indoctrination, physical training, and the Youth League activities. The function of advising the school authorities, formerly performed by the "Parents Advisory Committees," was eliminated by the decree. (2399- PS) [Page 315] Universities: The Leadership Principle was introduced into the universities. The Rektor (head of the university) was appointed by the Reich Minister of Education for an unspecified period of time and was responsible only to the Reichs Minister. The University was divided into the Dozetenschaft (Lecturers Corps) and the Studentenschaft (Student Corps). The leaders of these two bodies were also appointed by the Reichsminister of Education (2394-PS). The teaching staff of the university was subject to the control of the National Socialist Dozentenbund (NSDoB) (Nazi Association of University Lecturers). The purposes of the NSDoB were: (a) to take a decisive part in the selection of lecturers and to produce candidates for the teaching staff who were wholly Nazi in their outlook. (b) to train all university lecturers in Nazi ideology, (c) to see that the entire university life was run in accordance with the philosophy of the Party. (2452-PS; 318- PS) All German students at the universities were required to belong to the Studentenschaft (Student Corps) (2084-PS). The Student Corps was responsible for making the students conscious of their duties to the Nazis, and was obliged to promote enrollment in the SA and labor service. Physical training of students was the responsibility of the SA. Political education was the responsibility of the National Socialistische Deutsche Studentenbund (NSDStB), (National Socialist German Student Bund) (2458-PS). The National Socialist Student Bund (NSDStB) was the Nazi "elite" of the student body and was responsible for the leadership of the university students, and all leaders of the Student Corps were appointed from its membership. The Nazi Student Bund was solely responsible for the entire ideological and political education of the students. (2395-PS;- 2399-PS; 2441-PS; 2392-PS; 2393-PS) B. The Nazi conspirators supplemented the school system by training the youth through the Hitler Jugend. (1) The Nazi conspirators from their early days expressed their belief in the fundamental importance of controlling the education and training of youth. Hitler stated in Mein Kampf: "It is precisely our German people, that today broken down, lies defenseless against the kicks of the rest of the world who need that suggestive force that lies in self-confidence. . But this self-confidence has to be instilled into the young fellow-citizen from childhood on. His entire education and development has to be directed at giving him the conviction [Page 316] of being absolutely superior to others. With this physical force and skill he has again to win the belief in the invincibility of his entire nationality. For what once led the German army to victory was the sum of the confidence which the individual and all in common had in their leaders. The confidence in the possibility of regaining its freedom is what will restore the German people. But this conviction must be the final product of the same feeling of millions of individuals." (404-PS; see also 2901-PS) Again in Mein Kampf Hitler said: "The racial State will have to see to it that there will be a generation which by a suitable education will be ready for the final and ultimate decision on this globe. The nation which enters first on this course will be the victorious one." (404-PS) The law of the Hitler Youth provides in part as follows: "The future of the German nation depends on its youth, and the German youth shall have to be prepared for its future duties. *** "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 community, through the Hitler Youth." (1392-PS) On 1 May 1938 Hitler said in a speech to the youth: "Since the victory of the Movement, under whose banner you stand, there has been completed within our people the unification of heart (innere Einigung) of the Germans. And as wages for this work of ours Providence has given us Greater Germany (Grossdeutschland). This unification is no gift of chance, it is the result of a systematic education of our people by the National Socialist Movement... And this education begins with the individual at an age when he is not already burdened with preconceived ideas. The youth is the stone which is to go to the building of our new Reich ! You are Greater Germany! In you is being formed the community of the German people. Before the single leader there stands a Reich, before the single Reich stands a people, and before the single people stands German youth! When I see you my faith in the future of Germany has no bounds, nothing can shake it. For I know that you will fulfill all that we hope of you. So I greet you today on this 1st of May in our new great Germany: for you are our spring. In you will and shall be completed that for which generations and centuries have striven, Germany!" (2454-PS) [Page 317] (2) The Nazi conspirators destroyed or took over all other youth organizations. The first Nazi youth League (Nationalsocialistischen Jugendbund) was organized in 1922. In 1925 the Hitler Youth was officially recognized by the Nazi Party and became a Junior Branch of the SA. In 1931 Baldur von Schirach was appointed Reichs Youth Leader of the NSDAP with the rank of SA Gruppenfuehrer. (1458-PS) When the Nazi conspirators came to power the Hitler Jugend was a minor organization among many youth associations in Germany. At the end of 1932 it had only 107,956 members -- less than 5 percent of the total youth population of Germany (2435-PS). Schirach was appointed "Jugendfuehrer des Deutschen Reichs" (Youth Leader of the German Reich), in June 1933. In this position he was directly responsible to Hitler for the education and training of the German youth outside of the home and school in accordance with the ideology of the Nazi Party. (1458-PS) In June of 1933 on orders of Schirach, an armed band of Hitler youths occupied by force the headquarters of the Reich Committee of The German Youth Associations and took over all files and personnel records of the youth leagues represented by the Committee. By the same method the offices and property (including all youth hostels in Germany) of the Reich Association for German Youth Hostels was seized, and a Nazi representative of Schirach put in charge (1458-PS). By decree dated 22 June 1933 Schirach dissolved the Grossdeutsches Bund and all of its affiliated organizations and took over their property; he dissolved The Reich Committee of The German Youth Associations, and required all other youth organizations to make a complete report of all organizational information, including names of all officers and members and inventory of all funds and property (2229-PS). The Youth Associations of all political parties and of all labor organizations were dissolved by decree of Schirach. By virtue of these decrees all youth organizations except those sponsored by the Catholic and Protestant Churches were abolished or incorporated in the Hitler Jugend (1458-PS; 2260-PS). The Nazi-appointed Reichsbishop Mueller entered into an agreement with Schirach which transferred all members of the Evangelical Youth to the Hitler Jugend and provided that the Hitler Jugend alone would provide the state political and physical education of the Protestant youth. By the end of 1933 only the Catholic Youth organization remained untouched. (1458-PS) The Concordat entered into with the Holy See on 20 July 1933 provided for the continuance of the Catholic Youth Association [Page 318] (2655-PS). Contrary to the provisions of the Concordat, the Nazi conspirators immediately set out to smash the Catholic Youth organization and to force all young people into the Hitler Youth. Ten days after the signing of the Concordat, Schirach issued an order forbidding simultaneous membership in the Hitler Jugend and the Catholic Youth League (2456- PS). In 1934 Schirach wrote, "The denominational youth league (Catholic Youth Association) has no right to exist in our time." (1458-PS). A year later Catholic youth associations were forbidden to wear uniforms, to assemble publicly, to wear insignia, or to engage in outdoor sport activity (1482-PS). Additional pressure was exerted on the Catholic Youth by the requirement of membership in the Hitler Youth as a prerequisite of public employment (2451- PS; 2900-PS). Finally, in 1937, Schirach announced: "The struggle for the unification of the German Youth is nourished. 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." (2306-PS) (3) The Nazi conspirators made membership in the Hitler Jugend compulsory. The Hitler Youth Law of 1936 provided that "All of the German Youth in the Reich is organized within the Hitler Youth." (1392-PS). Executive decrees later implemented this law by the establishment of severe penalties against anyone who deterred a youth from service in the Hitler Jugend, and confirmed the policy of excluding Jews from membership. The Hitler Jugend had been from its inception a formation of the Nazi Party. By virtue of the 1936 Youth Law it became an agency of the Reich Government while still retaining its position as a formation of the Nazi Party. (1392-PS). The membership statistics of the Hitler Jugend to 1940 were: End 1932 ....................................................... ...................................... 107,956 End 1933 ....................................................... ...................................... 2,292,041 End 1934 ....................................................... ...................................... 3,577,565 End 1935 ....................................................... ...................................... 3,943,303 End 1936 ....................................................... ...................................... 5,437,601 End 1937 ....................................................... ...................................... 5,879,955 End 1938 ....................................................... ...................................... 7,031,226 End 1939 ....................................................... ...................................... 7,728,259 And BDM (League of German Girls) .................................................... 440,789. (2435-PS) [Page 319] (4) Through the Hitler Jugend the Nazi conspirators imbued the youth with Nazi ideology and prepared them for membership in the Party and its formations. Schirach said: "I am responsible to the Reich that the entire youth of Germany will be educated physically, morally and spiritually in the spirit of the National Socialist Idea of the State." (2306-PS) Mein Kampf was regarded as the "Bible" of the Hitler Jugend (1458-PS). On entering the Jungvolk at the age of 10, children took the following oath: "In the presence of this blood-banner which represents our Fuehrer I swear to devote all my energies, and my strength to the Savior of our Country, Adolf Hitler. I am willing and ready to give up my life for him, so help me God. One People, one Reich, one Fuehrer." (2441- PS) The Hitler Jugend organization operated solely on the Leadership Principle. The leader was always appointed from above and the leader's will was absolute. (1458-PS; 2306-PS; 2436-PS; 2438-PS) The Master Race doctrine and anti-semitism, including physical attacks on the Jews, was taught systematically in the Hitler Jugend training program. (2436-PS; L-360-H; 2441- PS) The Hitler Jugend indoctrinated the youth with the idea that war is a noble activity. (1458-PS; 2436-PS) The Hitler Jugend, in accordance with the policy of the Nazi Party, emphasized the importance and demanded the return of the colonies which had been taken from Germany by the "Versailles Shame Dictate." (1458-PS; 2436-PS; 2440-PS; 2441- PS) The Hitler Jugend taught that the guiding principle of German policy was the utilization of the space to the East (1458-PS; 2439-PS). All activities carried on in support of the demands for modification of the Versailles Treaty, the restoration of colonies, and the acquisition of additional living space were closely coordinated with the (VDA) Verein fuer das Deutschtum in Ausland (Office of Germans in foreign countries). (L-360-H) In order to carry out the program of indoctrination of the youth, more than 765,000 were actively engaged as Hitler Youth leaders by May 1939. Youth leaders were thoroughly trained, many of them in special "Youth Leaders" schools (2435-PS). More than 200,000 political indoctrination meetings (Heimabend) were held weekly. Each community was required by law to provide a suitable meeting house for the Hitler Jugend. Training and propaganda films were produced on an elaborate scale. [Page 320] In the winter of 1937-38 more than three million youths attended showings of these films. The Hitler Jugend press and propaganda office published at least thirteen magazines and large numbers of other publications and yearbooks appealing to all age groups and to the various interest groups of the youth. (2435-PS) One of the most important functions of the Hitler Jugend was to prepare the youth for membership in the Party and its formations. Hitler said at the Reichsparteitag, 1935: "He alone, who owns the youth, gains the Future! Practical consequences of this doctrine: The boy will enter the Jungvolk (boy 10-14) and the Pmpf (members of the Jungvolk) will come to the Hitler Youth, and the boy of the Hitler Youth will join the SA, the SS and the other formations, and the SA man and the SS man will one day join the Labor Service, and from there he will go to the Armed Forces, and the soldiers of the people will return again to the organization of Movement, the Party, the SA, the SS, and never again will our people be so depraved as they were at one time." (2656-PS; 2401-PS) The Streifequlenst, a special formation of the Hitler Jugend, was organized by virtue of an agreement between Himmler and Schirach for the purpose of securing and training recruits for the SS, with special emphasis on securing recruits for the Deaths Head Troops of the SS (concentration camp guards). (2396-PS) The farm service section of the Hitler Jugend also became a cadet corps of the SS by reason of the agreement entered into between Himmler and Schirach in 1938. This formation was to train for SS membership youths especially suited to become Wehrbaer (militant peasants), who were to be settled in places where the Nazis needed especially trained farmers. (2567-PS) In 1937 the Adolf Hitler Schools were established in order to indoctrinate boys selected by the Party to be the future leaders of the Nazi state. The schools were operated by the Hitler Jugend for the Party. Boys entered at the age of 12 and remained in the school until 18 years of age. (2653-PS) (5) The Nazi conspirators used the Hitler Jugend for extensive pre-military training of youth. In 1933 the Hitler Youth, in cooperation with the SA and the Wehrmacht, entered into a secret program of extensive pre-military training of the youth (1850-PS). Extensive premilitary training was carried on in all age groups of the Hitler Youth in close cooperation with the Wehrmacht. (2438-PS; 2441-PS; 1992-PS) [Page 321] In addition to general military training, specialized training was given in special formations. These included: Hitler Jugend Flying Units Hitler Jugend Naval Units Hitler Jugend Motorized Units Hitler Jugend Signal Units Hitler Jugend Medical Units Hitler Jugend Musical Units. (2654-PS). The extent of the military training in 1937 was set out by Hitler in a speech at Berlin. "The Naval Hitler Youth comprises 45,000 boys, the Motor Hitler Youth 60,000 boys. As part of the campaign for the encouragement of aviation 55,000 members of the Jungvolk were trained in gliding for group activities; 74,000 boys of the Hitler Youth are organized in its flying units; 15,000 boys passed their gliding test in the year 1937 alone. "Today 1,200,000 boys of the Hitler Youth receive regular instructions in small-bore rifle shooting from 7,000 instructors." (2454-PS; see also 2441-PS.) A formal agreement between the Wehrmacht and the Hitler Jugend was published 11 August 1939. It recites that whereas 30,000 Hitler Jugend leaders had been trained annually in shooting and field exercises, the number would be doubled; that 60,000,000 shots had been fired in Hitler Youth training courses in 1938 and that a considerable increase in the figure was expected. The agreement recognized the close cooperation that existed between the Hitler Jugend and the Wehrmacht in the military training of youth and provided for a far more extensive program. (2398- PS) [Page 322] LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO RESHAPING OF EDUCATION AND TRAINING OF YOUTH Charter of the International Military Tribunal, Article 6, especially 6(a). Vol. I Pg. 5 International Military Tribunal, Indictment Number 1, Section IV (D) 3 (e). Vol. I Pg. 21 [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.] 200-PS; Confidential telegram from Berger to Reich Ministry for Occupied Eastern Territories, 8 July 1944 concerning forced labor of children. Vol. III Pg. 214 *318-PS; Agreement between Rosenberg and Leader of the National Socialist University Professors League (NSDoB), 2 December 1941.(USA 728) Vol. III Pg. 255 *404-PS; Excerpts from Hitler, Mein Kampf, pp. 456, 475. (USA 256) Vol. III Pg. 385 [Page 323] 1392-PS; Law on the Hitler Youth, 1 December 1936. 1936 Reichsgesetzblatt, Part I, p. 993. Vol. III Pg. 972 1397-PS; Law for the reestablishment of the Professional Civil Service, 7 April 1933. 1933 Reichsgesetzblatt, Part I, p. 175. Vol. III Pg.987 *1458-PS; The Hitler Youth by Baldur von Schirach, Leipzig, 1934. (USA 667) Vol. IV Pg. 22 1462-PS; First Execution Order to the Law of the Hitler Youth, 25 March 1939. 1939 Reichsgesetzblatt, Part I, p. 709. Vol. IV Pg. 44 *1482-PS; Secret letter, 20 July 1933 to provincial governments and the Prussian Gestapo from Frick, concerning Confessional Youth Organizations. (USA 738) Vol. IV Pg. 51 *1850-PS; Conferences, 1933, calling for financing of military training of SA from Ministry of Interior Funds. (USA 742) Vol. IV Pg. 478 *1992-A-PS; Organization and Obligations of the SS and the Police from "National Political Education of the Army, January 1937". (USA 439) Vol. IV Pg. 616 2061-PS; Oath of Reich Officials and of German Soldiers, 20 August 1934. 1934 Reichsgesetzblatt, Part I, p. 785. Vol. IV Pg. 702 2078-PS; Decree concerning establishment of Ministry for Science, Education and Popular Culture, 1 May 1934. 1934 Reichsgesetzblatt, Part I, p. 365. Vol. IV Pg. 706 2084-PS; Law on formation of the Student Organization at Scientific Universities, 22 April 1933. 1933 Reichsgesetzblatt, Part I, p. 215. Vol. IV Pg. 718 [Page 324] 2088-PS; Decree relating to tasks of Reichs Ministry for Education, 11 May 1934. 1934 Reichsgesetzblatt, Part I, p. 375. Vol. IV Pg. 718 2115-PS; Second Executive Order to the Law for the Hitler Youth, 25 March 1939. 1939 Reichsgesetzblatt, Part I, p. 710. Vol. IV Pg. 745 *2229-PS; The Reich Youth Leader at Work, published in National Socialist Party Press Service Release, 22 June 1933, pp. 2-3. (USA 668) Vol. IV Pg.870 2260-PS; Settlement of Relationship between NSDAP and Stahlhelm (Steel Helmets) published in National Socialist Party Press Service release, 21 June 1933. Vol. IV Pg.933 *2306-PS; Revolution of Education, by Baldur von Schirach, 1938, pp. 51-52, 63. (USA 860) Vol. IV Pg. 997 2340-PS; German public officials law of 27 January 1937. 1937 Reichsgesetzblatt, Part I, p. 41. Vol. IV Pg.1058 2392-PS; Extracts from The Third Reich, 1933, Vol.I, pp.144-154. Vol. V Pg. 54 2393-PS; Extracts from The Third Reich, 1934, pp.218-224. Vol. V Pg. 58 2394-PS; Extracts from The Third Reich, 1935, Vol.III, pp.208-212. Vol. V Pg. 60 2395-PS; Extracts from The Third Reich, 1936, Vol.IV, pp.360-362. Vol. V Pg.62 *2396-PS; Handbook of Collected Youth Laws, Vol. I, Group 1, pp. 19a, 19b, 20. (USA 673) Vol. V Pg.63 2397-PS; National Socialist Handbook for Law and Legislation by Dr. Hans Frank, p. 566. Vol. V Pg.65 [Page 325] *2398-PS; Cooperation of Hitler Jugend with Wehrmacht, 11 August 1939, published in The Archive, No. 65, August 1939, pp. 601-602. (USA 677) Vol. V Pg.66 2399-PS; Articles "School Community to replace parents' advisory committee" and "NSDAP takes over education of university students", published in The Archive, 1934, pp. 1039, 1147-1148. Vol. V Pg.67 *2401-PS; The Hitler Youth as recruits for future leaders, from Organization Book of NSDAP, 1938, pp. 80-81. (USA 430) Vol. V Pg.69 2435-PS; Extracts from The Coming Germany, The Education of the Youth in the Reich of Adolf Hitler, by Kaufmann. Vol. V Pg.113 *2436-PS; Extracts from Enjoyment, Discipline, Belief, Official handbook for cultural work in camp. (USA 859) Vol. V Pg. 119 2438-PS; Extracts from Boys in Service, handbook for boys 10 to 14 years of age. Vol. V Pg.132 2439-PS; Extracts from Girl in Vacation Camp, official publication of Reichs Youth Headquarters. Vol. V Pg. 136 2440-PS; Extracts from Boys, Your World, the yearbook of the Hitler Youth. Vol. V Pg. 139 *2441-PS; Affidavit of Gregor Ziemer, 4 October 1945, from his book "Education for Death". (USA 679) Vol. V Pg. 141 2442-PS; Guide of racial science and science of heredity of fostering congenitally sound progeny of family science. Vol. V Pg. 176 2443-PS; Extracts from Education in Greater German Reich. Vol. V Pg.178 [Page 326] 2444-PS; Extracts from German Reading Book for Elementary Schools, second volume. Vol. V Pg. 181 2445-PS; Extracts from German Reading Book for Elementary Schools, fourth volume. Vol. V Pg.183 2446-PS; Extracts from History Book for the German Youth. Vol. V Pg.184 2451-PS; Decree of Reichsminister of Education Candidates for Teacher's Positions to Prove themselves in Hitler Youth, published in Voelkischer Beobachter, Berlin edition, 22 October 1935. Vol. V Pg.187 2452-PS; Extracts from Organization Book of NSDAP, 1943. Vol. V Pg.187 2453-PS; Education and Instruction in the Upper Schools, official publication of the Reich and Prussian Minister of Education, 1938. Vol. V Pg.189 *2454-PS; Quotations from speeches of Hitler, published in Voelkischer Beobachter, Munich edition. (USA 676) Vol. V Pg.196 2455-PS; Statement by Hitler at Elbing, Germany, quoted in Voelkischer Beobachter, Berlin edition, 6 November 1933. Vol. V Pg.198 2456-PS Youth and the Church, from Complete Handbook of Youth Laws. Vol. V Pg.198 2458-PS; Constitution of the German Student Corps, 1934 Reichs Ministerialblatt, pp. 76-79. Vol. V Pg.199 *2567-PS; Decree signed by Himmler an von Schirach, concerning cooperation of HJ and SS, printed in The Young Germany, Berlin, February 1939. (USA 674). Vol. V Pg.301 [Page 327] *2653-PS; The Way of German Youth, from The Third Reich, 5th Year, 1937, pp. 117-118. (USA 669). Vol. V Pg.359 *2654-PS; Organization and Insignia of the Hitler Youth, edited by Reich Youth Headquarters of NSDAP. (USA 675) Vol. V Pg.361 2655-PS; Concordat between the Holy See and the German Reich, Article 31. 1933 Reichsgesetzblatt, Part II, p. 679, 687-8. Vol. V Pg.364 2656-PS; The Bearer of Sovereignty, from speech of the Fuehrer at the Reichsparteitag, 1935. Vol. V Pg.365 2900-PS; Speech by Frick at Anniversary meeting of Hitler Youth, published in The Archive, January 1936, p. 1339. Vol. V Pg.567 2901-PS; Extract from The Book of the NSDAP, p. 95. Vol. V Pg.568 *3054-PS; "The Nazi Plan", script of a motion picture composed of captured German film. (USA 167) Vol. V Pg.801 *3751-PS; Diary of the German Minister of Justice, 1935 concerning prosecution of church officials and punishment in concentration camps. (USA 828; USA 858) Vol. VI Pg. 636 *L-360-H; Agreement between the League for Germandom in Foreign Countries and the Hitler Youth, 6 May 1933. (USA 671) Vol. VII Pg. 1108 *Chart No. 2; Totalitarian Control of Propaganda and Education. (USA 21) Vol. VIII Pg.771 [Page 328] 9. PROPAGANDA, CENSORSHIP AND SUPERVISION OF CULTURAL ACTIVITIES A. The party organization. (1) The Reichspropagandaleitung (Party Propaganda Department) (RPL). This office was founded in 1932, as the central propaganda control office headed by Goebbels. Its functions were: (a) To direct, supervise and synchronize propaganda within the Nazi movement. "Propaganda of the NSDAP, its formations and affiliated associations is the responsibility of the Reichspropagandaleiter. "He determines all manifestations of the Movement, including its formations and affiliated associations, with regard to propaganda. "He issues the directives for the Party, including its formations and affiliated associations, for the realization of the cultural wishes of the Fuehrer." (219-PS) These functions were organized vertically through a close network of Gauleiters, Kreisleiters, and Ortsgruppenleiters which reached even the smallest communities. In addition, synchronization of propaganda within the Movement was guaranteed through the Reichsring fuer National- sozialistische Propaganda und Volksaufklaerung, (National Socialist Organization for Propaganda and People's Enlightenment), an office within the Reichspropagandaleitung. The Reichsring constituted the center of control responsible for the complete coordination of Party and Movement in the field of propaganda. "The Reichsung *** had the task to ensure the uniform direction of propaganda of all formations and affiliated associations through the Party." (2319-PS) (b) To imbue the Nazi Movement and the people with Nazi ideology. " (The Reichspropagandaleiter) upon his initiative, is concerned with the permeation of German people with the National Socialist ideology. "He enlightens the people about the achievements of Party and State. "He controls the entire German wireless system with regard to its internal organizational, cultural and economic possibilities; "Press, radio and film are in the service of propaganda." (2319-PS) [Page 329] (c) To coordinate Party propaganda with that of the Reich Government. "The liaison officer has the task of centralizing all contacts with the Reich Ministries, public authorities, and corporations and to establish all such contacts with same ***". (219-PS) (d) To investigate the effectiveness of Nazi propaganda. This function was assigned to the lower grades of the Party leadership, and to regional and local officials, who assembled and analyzed information on public reaction to the current content of propaganda. (e) Other activities of the Reichspropagandaleitung were discharged by numerous functional departments which included, inter alia, "Haptstellen" (Main Bureaus) or offices for the following: 1. Press -- preparation of all propaganda material issued by Reichspropagandaleitung for dissemination to newspapers. 2. Exhibits and fairs -- supervision of propaganda aspects of exhibits and fairs in which the Party participated. Mass or "Aktive" propaganda -- organization of propaganda campaigns within the movement; training and supplying speakers with propaganda materials. 4. Films -- Popularization of Nazi-inspired films; photographing official rallies. 5. Radio -- radio propaganda. 6. Culture -- making all forms of art conform to Nazi standards. Other Bureaus included Architecture, Style and Design, Works of Art, Formulation of Programs, and Training of Speakers. (2319-PS) The Reichspropagandaleitung was regionally organized into Gau-, Kreis-, and Ortsgruppenpropagandaaemter (Gau, district, and local propaganda offices). The Gaupropagandaleiter (leader of the Gau propaganda office) was at the same time the Gau representative of the Chamber of Culture (Landeskulturwalter) and in most cases also represented the regional office of the Propaganda Ministry, so that on the lower levels, Party and State propaganda were completely unified. (2315-PS) (2) The voice of Reichspressechef (Reich Press Chief). The office of Reich Press Chief of the NSDAP was created in [Page 330] 1934 by decree of the Fuehrer (2319-PS). The functions of this office were exclusive: "The Reich Press Office of the NSDAP is the central office for the entire political publishing activity of the Party. It represents the press interests of the Reich leadership of the NSDAP vis a vis both the German and the foreign press. It alone has the authority to issue directives to the press of Reich policies concerning the treatment of Party affairs. It alone has the authority to issue press directives to all offices of Reich leadership. It is responsible for the political and editorial preparations, execution and utilization of all important Party activities in the Reich. It supplies the domestic and foreign press with information, news and commentaries about the Party. It keeps a record of press reaction to the Party work in publications of the domestic and foreign press." (2319- PS) The Reich Press Chief exercised control over all press offices, including the chief editors of the National Socialist newspapers, as well as the Gau press wardens of the Party. He also served as liaison officer between the Party press and the "Independent" press, and between Party and Government. (2319-PS) The executive functions of the Reich Press Chief were carried out by two offices: (a) The Pressepolitisches Amt (Press Political Office). (b) The Pressepersonalamt (Press Personnel Office), which was in charge of training journalists and keeping files on German and foreign journalists. The vertical organization of press controls, corresponding to that of the eichspropagandaleitung, included Gau-, Kreis- and Ortsgruppen departments. Each was headed by an Amtsleiter, or press warden, who was responsible for the entire Party press within his sphere of jurisdiction. He supervised the editorial policy of the Party press, issued information bulletins about the activities of the Movement, and served as liaison officer between the Party and non- Party press. He also transmitted local information to headquarters for distribution and made recommendations concerning the appointments of local party editors. The Gau and Kreis- press wardens, at the same time, served as regional and local representatives of the Home Press Division of the Propaganda Ministry and of the Reich Press Chamber. (2319-PS; 2315-PS) (3) The Reichsleiter fuer die Presse (Reich Press Leader). The Reich Press Leader, Max Amann, was charged with super- [Page 331] vising all matters concerning the German publishing business. The Organisationsbuch der NSDAP (1937) described his function as follows: "He is charged with the creation of a press for the German people, which is responsible and answerable to him, and which reflects the life and experiences of the German people's community. In addition, the Reichsleiter for Press has the function of issuing regulations necessary to carry out the demands concerning publication policies established in Article 23 of the Party Program and to supervise their execution." (2319-PS) Article 23 of the Party Platform referred to above, provided, inter alia, that (a) all editors and newspaper personnel must be "members of the nation"; (b) non-Germans are prohibited from financial participation in, or influence of, newspapers; (c) the publication of papers "which do not conduce to the national welfare" is prohibited; (d) tendencies in art or literature "of a kind likely to disintegrate our life as a nation" will be prosecuted; and (e) "institutions which militate against the requirements mentioned above" will be suppressed. (1708-PS) Thus the Reich Press Leader was not only empowered to control all publishing houses of the Party, but was assigned the task of bringing the entire German press into line with National Socialist ideology. To this end he was given wide and specific powers. His sphere of jurisdiction included specifically: (a) The administration, publishing, and financing of the Party press; (b) The establishment of newspapers by Party members or affiliated associations; (c) The incorporation of newspapers into the Party press combine; (d) The appointment of publishers and of their deputies; (e) The termination or alteration of contracts with newspapers; (f) The appointment of Commissars to supervise publishing houses. (2319-PS) In addition to controlling the administration and finance of the National Socialist publishing houses in the Gau, the Press Leader headed the Zentralverlag, which was the central publishing house and holding company of the entire Party publishing machine and all its official organs, such as Der Voelkischer Beobachter, Der Angri Der SA Mann, Das Schwarze Korps, Die HJ, etc. (3016-PS) It was one of the Reich Press Leader's duties to turn all pub- [Page 332] lishing by Party officials into a lucrative undertaking, and to set up an absolute monopoly in the publication of all political literature. To effectuate that objective, a decree was passed which made it mandatory for all "manuscripts which have National Socialist problems and subject matter as themes" to be offered first to the Verlag publication. (2383- PS) The Reichsleiter fuer de Press, who was also president of the Reich Press Chamber, exercised economic controls over the entire German press. He made use of his position to expand the Party publishing machine at the expense of non- party newspapers. As president of the Reich Press Chamber, he was authorized to issue directives with the force of law. In that capacity he issued certain regulations which had the effect of prohibiting the Ownership of newspapers by corporations of any kind, except the NSDAP or such groups as were approved by the Party. (2315-PS) These decrees enabled Amann to close down one or more papers in a particular locality "to safeguard reasonable standards of competition." They thus provided, along with racial and other discriminatory legislation, the "legal" basis for the pressure which was brought to bear on such publishing firms as Ullstein and other opposition publications, in order to force them to sell out to the Party. These sales were in no sense voluntary; the alternative in each case was total suppression. The authorizing decree provided: "The President of the Reich Chamber of the Press will therefore endeavor at first in every individual case to effect agreements which will relieve him of the necessity of issuing orders for the closing of establishments." (2315-PS) Max Amann has admitted in an affidavit that he discharged his duties as Reich Press Leader consistently with the statement of his functions contained in the Party Organization Book and with Article 23 of the Party Program. He has further stated that racial and other discriminatory legislation made it expedient for firms "owned or controlled by Jewish interests, or by political or religious interests hostile to the NSDAP *** to sell their newspapers or assets to the Eher concern"; and that there was "no free market for the sale of such properties and the Franz Eher Verlag was generally the only bidder." His affidavit concludes as follows: "It is a true statement to say that the basic purpose of the Nazi press program was to eliminate all press in opposition to the Party." (3016-PS) (4) Parteiamliche Prufungskommission zum Schutz des NS- [Page 333] Chriftums (Office of Party Examining Commission for the Protection of National Socialist Publications) (PPK) The PPK was charged with the censorship and supervision of all literature with cultural or political implications. According to the Party Manual: "The functional scope of the official Party Examining Commission is not confined to any one group of publications but includes the entire publishing field. Thus the work of the Official Party Examining Commission is sub-divided into departments for books, magazines and newspapers. Out of these main departments a group of important special fields have emerged as more or less independent fields. They are specifically the editing of speeches, scientific books, textbooks, scientific periodicals and the calendar as a special type of magazine." (2319-PS) The Examining Commission's function was to protect National Socialist literature from attempts to destroy its propagandistic effect or to pervert its political and social content. The Party Manual stated: "It is the function of the Examining Commission to protect the National Socialist literature from abuse, corruption, and attempts at dissolution. Thus it forestalls the infiltration of elements within the National Socialist literature which are irreconcilable with it." (2319-PS) In addition, the PPK concerned itself with the actual suppression of literature incompatible with Party tenets, and with the approval of those works which it deemed beneficial to the extension of the National Socialist ideology. The Party Manual specified as follows: "Particularly it is the function of the official Party Examining Commission to determine whether or not a work can be considered National Socialist literature." (2319- PS) This office worked in close collaboration with the Delegate of the Fuehrer for the Total Supervision of the Intellectual and Ideological Training and Education of the People (Rosenberg). (2319-PS; 2383-PS) (5) The Beauftragte des Fuehrers fuer die- Ueberwachung der gesamten geistigen und weltansschaulichen Schuung und Erziehung der NSDAP (Delegate of the Fuehrer for the Total Supervision of the Intellectual and Ideological Training and Education of the Party) (BdF). The delegate of the Fuehrer was Reichsleiter Alfred Rosenberg. The Office of the BdF was placed in charge of the Party's [Page 334] intellectual and ideological training and education. Its declared objective was the uniform ideological orientation of the Party, Party formations, and affiliated associations. Its main functions, in furtherance of this objective, were the preparation of suitable training materials and the issuance of directives thereon; the preparation, editing, and establishment of curricula; the training of qualified teaching staffs; the counseling of Party agencies, formations, and affiliates on content and methods of indoctrination; and the elimination of such reading and teaching materials as were deemed inappropriate from a National Socialist point of view. To perform these tasks, Rosenberg had the assistance of a large organization with numerous functional divisions (2319-PS). The BdF took a major part in the work of Party organizations, affiliated associations, and schools and training institutes which were instrumental in the indoctrination of the German people and youth. (2383-PS) B. The Reich government organization. The state organ of control was the Reichsministerium fuer Volksaufklaerung und Propaganda (Reich Ministry for Popular Enlightenment and Propaganda). The Minister was Josef Goebbels. The Ministry was founded by decree dated 13 March 1933, which defined its duties as the "enlightenment of, and propaganda among, the people on the subject of the policy of the Reich government and on the national reconstruction of the homeland." (2029-PS). By decree dated 30 June 1933 the functions of the Minister were extended to include "jurisdiction over the whole field of spiritual indoctrination of the nation, of propagandizing the State, of cultural and economic propaganda, of enlightenment of the public at home and abroad; furthermore he is in charge of all institutions serving these purposes." (2030-PS). In the words of Mueller, an authority on the Propaganda Ministry, these decrees formed the basis for the creation of a central agency for propaganda "the like of which heretofore existed nowhere in the world." (2434-PS). The influence which this agency exerted on the everyday life and activities of the German citizen was illustrated by the multitude of civic and cultural affairs, including public entertainment, which fell under the sweep of its direction and control. (2434-PS) A few of the more important departments of the Propaganda Ministry, together with a brief description of their respective functions, follows: (1) Personnel. This department issued directives for unified [Page 335] personnel policy, and exercised general supervision over the personnel of public art instituted within the entire Reich. (2) Law. "The nuclear task of the law department is the publication and execution of national socialist cultural laws. The professions and institutions of literature and art had to be transformed from carriers of a liberal individualistic intellectual movement to the carriers of the tasks of public propaganda and leadership. To reach this goal required the enactment of governmental decrees for creating new organizations or the making of new laws." (3) Propaganda. This department coordinated propaganda policies and issued over-all directives to the various functional departments (press, radio, etc.) which then carried out the directives. A special function was "enlightenment of the people as to Jewish question" and as to "racial policies." (4) Foreign. This department was the Ministry's listening post for political and economic developments abroad "to counteract the worldwide publicity activities of the enemy against our philosophy and our political objectives by exposing and rectifying the lies of the press" and to exploit the information in German propaganda. It also cooperated closely with the Auslandsorganization der NSDAP. (5) Radio. Hans Fritzsche headed this department. It supervised the political content of German broadcasting, issued directives as to the arrangement of programs and treatment of material, and cooperated with the Party in the technical organization of German radio. (6) The Film Department was in charge of directing and guiding the German film industry, censoring of films, and developing the German weekly newsreel. (7) Literature. This agency, in close collaboration with BdF and PPK, controlled all German literary activities, censored new books, provided for the publication of German books abroad, and arranged for the translation and censorship of foreign books. (8) Abteilung Deutsche Presse (German or Home Press Department). This department was headed by Fritzsche until he was relieved in 1942 to take charge of the Radio Division. It was responsible for political control over the entire German press; it controlled the editorial policy of the press and its personnel (through the Reich Press Chamber), and supervised the dissemination of news through the official German News Agency (DNB). The Home Press Division outlined the editorial policy o all newspapers and the comment of editors and journalists in its daily directives. (Tendenz berichte). These dealt with the [Page 336] daily contents of the paper, the methods of treatment of news material, the writing of headlines, the preference for or omission of certain items, and the modification or cessation of current campaigns. The directives were issued to the representatives of the press in person or sent through the facilities of the DNB to the local papers. (2434- PS; 2529-PS) The Home Press Department of the Propaganda Ministry had an important participation in administering the provisions of the Editorial Control Law, which made the profession of editor "a public task, which is regulated as to its professional duties and rights by the state." That law also included requirements for admission to the profession and other elaborate controls. (2083-PS) (9) Periodical Literature. This department supervised German periodical literature in the same manner as the Abteilung Deutsche Presse controlled the daily press. Other divisions exercised supervision over the Theatre (selection and supervision of the entire dramatic production and influencing the programs of all German Theatres); the Arts; Music ("the entire cultural and political leadership of German musical life"); Special Cultural Tasks ("This department serves mainly to eliminate all Jews from German Cultural life"); and Foreign Tourists. (2434-PS) A large organization of faithful Party followers was recruited to discharge the manifold functions of the Propaganda Ministry. The staff numbered 1000 persons in 1939- 1940. In the words of Mueller: "It is no accident; therefore, that the great majority of the official workers and other personnel of the Ministry consist of reliable National Socialists of which almost 100 are bearers of the Gold Party Pin." (2434-PS) C. The semi-autonomous professional organizations Reichskulturkammer (Reich Chamber of Culture). The Reich Chamber of Culture was set up in September 1933 to control (under the supervision of the Propaganda Ministry and within the framework of general policy directives issued by that activity) personnel engaged in all fields of propaganda (2082-PS). Its tasks as described in the First Executive Decree of the above law, dated 1 November 1933, were: "To promote German culture as responsible to the people and the Reich, to regulate the social and economic relations of the different groups in the cultural professions and to coordinate their aims." (2415-PS) [Page 337] The Reichskulturkammer was a so-called "Nachgeordnete Dienststelle" (Subordinate office) of the Propaganda Ministry. Together with its subordinate Chambers it was charged with supervising all personnel active in any field under the jurisdiction of the Propaganda Ministry. All persons employed in the cultural professions were obligated to register with one of the subordinate Chambers. The Chambers were also responsible for investigating the activities and political reliability of their members. Moreover, power was given to Chambers to prosecute members offending against Nazi standards or persons pursuing their occupation without being duly registered. The punitive powers included, expulsion from membership, which was tantamount to the loss of livelihood. The Chambers were also given power to issue directives, which had the validity of law, regulating the cultural activities under their control (2529-PS). The President of the Chamber of Culture was the Minister of Propaganda, Joseph Goebbels, who nominated the Vice-Presidents. In 1937, the latter consisted of Walter Funk, Max Amann (Reich Leader of the Press) and Leopold Gutterer (Secretary of State in the Propaganda Ministry). The Chamber of Culture was divided into seven functional chambers; (1) Reichspressekammer (Reich Press Chamber). Max Amann was president of this chamber, which was, to a greater extent than the other chambers, a loose association of technical bodies and organizations, such as the Reich Association of German Newspaper Publishers. It integrated the activities of these groups and, through the composition of its governing body, ensured close coordination with Party and State propaganda machinery. (2529-PS; 3016-PS) (2) Feichskammer der bildenden Kunste (Reich Chamber of Fine Arts). This chamber supervised the activities of all architects, interior decorators, landscape gardeners, sculptors, painters, draftsmen, art publishers, etc. By 1937, all other art groups and associations had been dissolved, and all their members "obligated by profession" to join this chamber. (2529-PS) (3) Reichsmusikkammer (Reich Music Chamber). This Chamber was organized to "oversee the practice and activity of musicians in their cultural, economic, and legal relationships with the world. *** in order that music will still remain a prized possession of the German people." (2529-PS) \(4) Reichstheaterkammer (Reich Theater Chamber). The Theater Chamber was the professional organization for the entire field of the professional theater. Its purpose was to super- [Page 338] vise and promote the "cultural, social and economic conditions of the professions which it includes". Actual censorship of stage production was the responsibility of the Reichsdramaturg. (2529-PS) (5) Reichsfilmkammer (Reich Film Chamber). The primary function of this Chamber was to lift the film industry "out of the sphere of liberal economic thoughts" by giving it a sound economic foundation and thus enable it to "receive those tasks which it has to fulfill in the National Socialist State". (2529-PS) (6) Rechsschrifttumskammer (Reich Chamber of Literature). The Chamber of Literature had jurisdiction over all persons concerned with the "basic production" (writing and publishing) of literature. Its task was to protect writers "from undesirable elements" and to keep out of the book market everything "unGerman." It had the further function of bringing literature to the people and making the writer more "aware of his duty to the nation." Primary responsibility for critical evaluation and censorship of literature however, was left to the Propaganda Ministry. (2529-PS) (7) Reichsrundfunkkamer (Reich Radio Chamber). The official gazette of the Reich Culture Chamber stated that the radio was the most immediate propaganda instrument of the National Socialist leadership; that the ideal and cultural life of the nation could be shown "totally" in and through the radio; and that since the radio constituted the most important technical means of influencing the masses it was necessary to establish a close tie between the radio and the Party. Functions of the Radio Chamber included: mobilizing of all technical possibilities of broadcasting, bringing the people closer to radio, planning the manufacture of cheap receiving sets, and propaganda in connection with the drive for new listeners. (2529-PS) [Page 339] LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO PROPAGANDA, CENSORSHIP, AND SUPER- VISON OF CULTURAL ACTIVITIES Charter of the International Military Tribunal, Article 6, especially 6 (a). Vol. i Pg.5 International Military Tribunal, Indictment Number 1, Section IV (D) 3 (e). Vol. I Pg.21 [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.] *1708-PS; The Program of the NSDAP. National Socialistic Yearbook, 1941, p. 153. (USA 255; USA 324) Vol. IV Pg. 208 2029-PS; Decree establishing the Reich Ministry of Public Enlightenment and Propaganda, 13 March 1933. 1933 Reichsgesetzblatt, Part I, p. 104. Vol. IV Pg. 652 2030-PS; Decree concerning the Duties of the Reich Ministry for Public Enlightenment and Propaganda, 30 June 1933. 1933 Reichsgesetzblatt, Part I, p. 449. Vol. IV Pg.653 [Page 340] 2082-PS; Law relating to the Reich Chamber of Culture of 22 September 1933. 1933 Reichsgesetzblatt, Part I, p. 661. Vol. IV Pg.708 2083-PS; Editorial control law, 4 October 1933. 1933 Reichsgesetzblatt, Part I, p.713. Vol. IV Pg.709 2315-PS; Order concerning the Supervision of District Leaders of Work of Reich Chamber of Culture, published in The Law of the Reich Chamber of Culture, Vol. 2, 1 January 1935 to 30 June 1935. Vol. IV Pg.1007 *2319-PS; Extracts from Organization Book of NSDAP, 4th edition, 1937. (USA 602) Vol. IV Pg.1009 *2383-PS; Ordinance for execution of decree of Fuehrer concerning position of the Head of Party Chancellery of 16 January 1942, published in Decrees, Regulations, Announcements. (USA 410) Vol. V Pg.9 2415-PS; First decree for the implementation of law relating to The Reich Chamber of Culture, 1 November 1933. 1933 Reichsgesetzblatt, Part I. Vol. V Pg.89 *2434-PS; The Reich Ministry for Enlightenment of the People and for Propaganda, Berlin 1940, by Georg Mueller. (USA 722) Vol. V Pg.102 2529-PS; Extracts from Handbook of Reich Chamber of Culture for 1937. Vol. V Pg.262 *3016-PS; Affidavit of Max Amann, 19 November 1945. (USA 757) Vol. V Pg.735 *3469; Affidavit of Hans Eritzsche, 7 January 1946. (USA 721) Vol. VI Pg. 174 *Chart No. 2; Totalitarian Control of Propaganda and Education. (USA 21) Vol. VIII Pg. 771 [Page 341] 10. MILITARIZATION OF NAZI ORGANIZATIONS: A. The Nazi conspirators placed many of their organizations on a progressively militarized footing with a view to the rapid transformation and use of such organizations as instruments of war. (1) The Schutzstaffeln (SS). The SS was militarized beginning in March 1933, when special, volunteer, armed units were created consisting of full-time garrisoned troops. These units, which rapidly grew in strength, were a part neither of the Wehrmacht, nor of the police, but were exclusively at the disposal of the Fuehrer. This militarization of the SS was in accordance with Nazi policy. (For documentation and further discussion see Chapter XV, Section 5.) (2) The Sturmabteilung (SA). The SA was founded in 1921 as a para-military organization to fight political enemies of the Nazis. After the accession of the Nazis to power, the SA was used to provide pre-military training at a time when the Reichswehr was legally limited to a strength of 100,000 men. Thus the SA, from its inception, had a military purpose, which was carried out and gradually increased in scope. (For documentation and further discussion see Chapter XV, Section 4.) (3) The Hitler Jugend (HJ). One of the chief purposes of the Hitler Jugend was to provide for military training of German youth at a very early age. As early as 1933, the HJ entered into a secret program of extensive pre-military training for German youth in conjunction with the SA and the Wehrmacht. In addition to general military training, members of the HJ were given specialized training in various types of military units, such as flying units, naval units, motorized units, signal units, etc. (For documentation and further discussion, see (4) The Nation Socialist Motor Corps (NSKK). The original NSKK was founded under the name of NSAK (National Socialist Automobile Corps) on 1 April 1930 by Hitler, who joined as its first member. By the end of 1931 it had a membership of approximately 10,000, as compared to 300 at the beginning of that year (2804-PS). In 1934 the motorized Hitler Jugend and the motorized SA were placed under the NSKK. Hitler, on 23 August of that year, decreed that: "the NSAK and the motorized SA are from now on welded together into a unit called NSKK. The NSKK is directly subordinate to me". (2804-PS) [Page 342] Thus the NSKK was elevated to the position of an independent affiliated unit of the NSDAP, similar to the SA and the SS. The membership of the enlarged NSKK grew rapidly. The military purpose of the NSKK is evident from the following statement from The Organizationbuch der NSDAP (1940): "The young driver who has received his training in the six-week courses of the NSKK will be well prepared in body and spirit when the time comes for his military service, and will wear with pride the dress of the Armed Forces of the Nation." (2320-B-PS) The program of militarization proceeded rapidly: "More than one-third of all leaders and men of the NSKK, which had in the meantime grown to a membership of 350,000, were already active in the fight for power *** Thus, the NSKK had in its ranks, in addition to the proud tradition of the period of our fight, also that of the World War. This front spirit and experience of a generation matured to manhood in the barrage, in the battles of attrition, in the battles of the Freikorps, and in the heroic fight of National Socialism for Germany's rebirth, is passed on to our youth as a sacred heritage." (2804-PS) The training given to NSKK members was intended to furnish seasoned recruits for the Nazi military forces. "Military motorized training of our youth is the cardinal task of the educational work of the NSKK. Here it collaborates most closely with the bearer of the arms of the Reich, the Wehrmacht, and it has done so already throughout the years before the seizure of power. The demands and needs of the Army, which continuously grew in scope after the awakening of our Nation and after our regained military freedom also caused the tasks and the work of the NSKK in the field of military motorized training to grow correspondingly *** By order of the Fuehrer and Supreme Commander of the Wehrmacht, the NSKK has been given charge of the pre-military training of the entire young reserve of the motorized troop units of our Army in addition to post-military training." (2804-PS) NSKK-trained men were intended to be assimilated into Reich Panzer units. "Well prepared physically and spiritually, the young German man who has now become a motorized soldier, can serve with a motorized or partially-motorized unit of the Army. To become a tank soldier is his only ambition." (2804-PS) The NSKK was actually used for military purposes. [Page 343] "The men of the NSKK have considerably contributed to the liberation of the Sudetenland by the Fuehrer and have thus gained undying merit, not only for the Germans in the Sudetenland, but for the entire German people as a whole." (2804-PS) Further evidence of actual military use of the NSKK is given in the following passage from "Deutschland m Kampf" written by Mnisterildirigent A. J. Berndt of the Reich Propaganda Ministry and Lt. Col. von Wedel of the German Army High Command, in the issue of June 1940: "The NSKK is playing a decisive part in the carrying out of considerable war-important tasks on the Inner Front, one of which is traffic. * * Among the tasks of the NSKK are pre-military training, education, and schooling and motorized transport. Thus, for instance, the conducting of the entire transport system of the TODT Organization on the West Wall and the traffic in the-Western War Theater are in the hands of the NSKK." (2810-PS) (5) The National Socialist Aviation Corps (NSFK). The NSFK was another organization affiliated with the NSDAP used by the Nazi conspirators for military purposes. It was the great training school for the Luftwaffe. "In the endeavor to assure for the German Luftwaffe a numerically strong and well prepared reserve, and to strengthen in the German people the conviction that Germany must retain its head-start in all spheres of aviation, the NSFK was founded by the Fuehrer on 17 April 1937 **. "The NSFK at the time of its creation, was given the following tasks by the Reichsmarshal: "1. Pre-military aviation training of the new blood for the Luftwaffe. "2. The keeping in training of the reservists of the aviation troops. "3. The combining and directing of all German air sports. "4. Promotion and extension of the aviation idea among the German people. "These tasks are so great that the cooperation of tens of thousands of active members is necessary to make carrying them out possible, so that the Luftwaffe may be able at any time to count on their fulfillment according to plan." (2811-PS) The paramount military purpose of the NSFK is clearly indi- [Page 344] cated in the following admission by Geeralleutnant Friedrich Christiansen, Korpsfuehrer of the NSFK: "Schooled in character, trained physically as a flier, and as a soldier, the member-to-be of the Luftwaffe leaves the NSFK." (2813-PS) (6) The Reichsarbeitdienst (RAD) (The Reich Labor Service). The Reich Labor Service was also subverted to military purposes by the Nazi conspirators. Membership in the RAD was made compulsory for both young men and women on 26 June 1935. "All young Germans of either sex between 18-25 years of age are obligated to serve their people in the Reich Labor Service. As the schooling of the Nation, it has as its object this education of the German Youth to National Socialist Ideology. "The Reich Labor Service for men is, thanks to its military nature, closely-knit units, and its particular education and training an ever-ready, powerful tool of the National Socialist Reich." (2805-PS) The tens of thousands of members of the RAD were militarily trained and ready for action when Germany launched her campaigns of aggression. Actual military use of the men of the RAD is clearly shown in the 1 June 1943 edition of "Fuehren und Erzehen" (Leadership and Education), the official magazine of the Reich Labor Service. A photograph depicts a Labor Service man repairing a bridge at the front, across which four infantrymen are proceeding, and is titled as follows: "The young crews who have gone through the educational institutions of the Reich Labor Service today represent the most active nucleus of our Army. *** Our photograph shows labor men who in the East are preparing the way for infantry shock troops by repairing a bridge. Thus also the men of the Reich Labor Service are today one of the examples of eternal German soldierdom." (2806-PS) The military uses of the RAD are further described in the following letter written by Goering to Reich Labor Service Leader Konstantin Hierl: "After the victorious termination of the campaign in Poland, l cannot but convey to you my sincere thanks for and unreserved recognition of the help rendered by the Reich Labor Service in the carrying out of the operations of the Luftwaffe. In guarding Army airfields, in clearing and quickly repairing former enemy airports, in road construction and [Page 345] in bringing up supplies, everywhere your men have done a real job and have thus contributed considerably to the successes of the German Luftwaffe." (2807-PS) (7) The TODT Organization (OT). The TODT Organization, or OT, was another NSDAP affiliate used to further the militaristic aims of the Nazi conspirators. The OT, originally an offshoot of the RAD, was created as a separate entity in June 1938 when Dr. Fritz Todt was charged with the construction of the Siegfried Line or West Wall. The military employment of the OT is clearly shown in the following passage from "Maenner der OT", which was published by the Photographic Office of the Reich Propaganda Office: "No sooner had the greatest and most modern fortifications of the world, the West Wall, been completed by the workers of the OT, when these very same workers were called upon by the Fuehrer to prove their worth also in direct front service *** and they thus helped ***- to achieve the greatest victory in history. When the great offensive in the west began, the brown workers' columns of the TODT organization followed immediately behind them. After the armistice with France had been signed, an entirely new situation developed for the TODT organization. Its columns had pushed deep into enemy country. Not seldom did they have direct contact with the enemy -- their losses in dead and wounded and the Iron Cross awards are heroic proof of that. While, as the foremost construction workers of the German Reich, they had already proved their worth when building the West Wall, they were now able to perfect what they had learned in the fight against the British world enemy. From the Channel coast to the Atlantic Ocean, the front technicians and front workers of the OT now proceeded to create the prerequisites for a successful fight against England." (2808-PS) Though the OT was in its origin technically a civilian organization, it subsequently became a para-military body which, before and during the war, cooperated fully with the German Army. On 2 July 1940, a directive was issued from the German High Command appointing a liaison officer. "*** to establish the closest liaison and cooperation of the respective military offices with the main construction work of the TODT Organization." (2812- PS) his militarization of the OT is further shown in the following passage from "Nationalsozialistische Monatschefte" for 1942: "From the Autobahn workers was developed the 'Organization TODT' a body of hundreds of thousands of workers who [Page 346] help the Wehrmacht everywhere in eliminating obstacles, building bridges and erecting fortifications and shelters. The front soldier and the front worker stand side by side. Together they have shed their blood in this war and together they have won victories. Long- range guns on the Channel coast, U-boat bases on the Atlantic, and now the East will render the 'OT' immortal for all times to come." (2809-PS) A letter from Fritz Sauckel to Hitler, dated 17 May 1943, states that the OT had supplied 248,200 workers by March 1943 for the completion of the Atlantic Wall, and praises the OT for its excellent work in this regard. (407-VIII-PS) By 1938, all phases of German life had been mobilized for the accomplishment of militant aims. Hitler declared to the Reichstag on 20 February 1938: "Only now we have succeeded in setting before us the great tasks and in possessing the material things which are the prerequisites for the realization of great creative plans in all fields of our national existence. Thus, National Socialism has made up within a few years for what centuries before it had omitted. *** "National Socialism has given the German people that leadership which as party not- only mobilizes the nation but also organizes it, so that on the basis of the natural principle of selection, the continuance of a stable political leadership is safeguarded forever * * * National Socialism *** possesses Germany entirely and completely since the day when, five years ago, I left the house in Wilhelmplatz as Reich Chancellor. There is no institution in this state which is not National Socialist. Above all, however, the National Socialist Party in these five years not only has made the nation National Socialist, but also has given itself that perfect organizational structure which guarantees its permanence for all future. The greatest guarantee of the National Socialist revolution lies in the complete domination of the Reich and all its institutions and organizations, internally and externally, by the National Socialist Party. Its protection against the world abroad, however, lies in its new National Socialist armed forces. * * "In this Reich, anybody who has a responsible position is a National Socialist. *** Every institution of this Reich is under the orders of the supreme political leadership. *** The party leads the Reich politically, the armed forces defend it militarily. * * * There is nobody in any responsible position in this state who. doubts that I am the authorized leader of this Reich." (2715-PS) LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO MILITARIZATION OF NAZI ORGANIZATIONS Charter of the International Military Tribunal, Article 6, especially 6 (a). Vol. I Pg. 5 International Military Tribunal, Indictment Number 1, Section IV (D) 3 (f). Vol. I Pg.21 [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.] *407-VIII-PS; Telegram from Sauckel to Hitler, 17 May 1943, concerning foreign labor. (USA 210) Vol. III Pg. 394 2320-B-PS; Extracts from Organization Book of NSDAP, 1940, p. 394. Vol. IV Pg. 1026 *2715-PS; Speech by Hitler to the Reichstag on 20 February 1938, published in The Archive, February 193, Vol. 47, pp. 1441-1442. (USA 331) Vol. V Pg.376 2804-PS; Extracts from "Das NSKK" by Hans Helmut Krenzlein, NSKK Gruppenfuehrer, with foreword by Leader of NSKK, Korpsfuehrer A. Huehnlein. Vol. V Pg.446 [Page 348] 2805-PS; Extract from Organizations Book of NSDAP, 1943, p. 46. Vol. V Pg.447 2806-PS; Extract from Leadership and Education, official magazine of Youth Labor Service, 1 June 1943, p. 19. Vol. V Pg.448 2807-PS; Letter by Goering to Reich Labor Service Leader Konstantin Hierl, published by National Socialist Monthly, 1940, Vol. I, p. 155. Vol. V Pg.448 Document; 2808-PS; Men of the OT, published by Photographic Office of Reich Propaganda Office. Vol. V Pg.448 2809-PS; Extract from National Socialist Monthly, February-March, 1942, p.167. Vol. V Pg.449 2810-PS; Extract from Germany in Battle, by Berndt of Reich Propaganda Ministry and von Wedel of German Any High Command, 1940, p.107. Vol. V Pg.449 2811-PS; Extracts from Organization Book of the NSDAP, 1938, pp. 470, 470 (c). Vol. V Pg.450 Document; 2812-PS; Directive from German Army High Command, published in General Army Bulletin, 1940, Vol. VII, p. 96. Vol. V Pg.450 2813-PS; Extract from The National Socialist Air Corps, p. 14. Vol. V Pg.451 *3054-PS; "The Nazi Plan", script of a motion picture composed of captured German film. (USA 167) Vol. V Pg.801
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