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   Nazi Conspiracy and Aggression, Volume Two, Chapter XIV

                                                  [Page 983]
                                                            
C. SEYSS-INQUART PARTICIPATED IN THE POLITICAL PLANNING AND
PREPARATION OF THE NAZI CONSPIRATORS FOR WARS OF AGGRESSION
AND WARS IN VIOLATION OF INTERNATIONAL TREATIES, AGREEMENTS,
AND ASSURANCES SET FORTH IN COUNTS ONE AND TWO OF THE
INDICTMENT.

The German Reichstag came under the control of the Nazi
conspirators with the advent of Hitler into the German
Government and became a willing tool in the hands of Hitler
and the conspirators. (See Sections 2, 3, and 4 of chapter
VII on the acquisition and consolidation of totalitarian
political control, and terrorization of political
opponents.)

The members of the Reich Cabinet were the accomplices,
aiders and abettors of Hitler and his closest Nazi
lieutenants in the political planning and preparation for
Wars of Aggression and Wars in Violation of International
Treaties, Agreements and Assurances. (See section 3 of
chapter XV on the Reich Cabinet.)

Seyss-Inquart was a member of the Reichstag and of the Reich
Cabinet before the invasion of Poland, and occupied those
positions until the unconditional surrender of Germany. Thus
he is

                                                  [Page 984]
                                                            
equally responsible for the acts and decisions of the
members of those governmental bodies concerning the
political planning and preparation of the Nazi Conspirators
for Wars of Aggression and Wars in Violation of
International Treaties, Agreements and Assurances set forth
in Counts One and Two of the Indictment. (2910-PS)

D. SEYSS-INQUART AUTHORIZED, DIRECTED, AND PARTICIPATED IN
THE CONSPIRACY TO COMMIT WAR CRIMES AS SET FORTH IN THE
INDICTMENT.

(a) Position and authority of Seyss-Inquart. Seyss-Inquart
was appointed Reich Governor of Austria by Hitler on 15
March 1938, and was put in charge of the Civil
Administration. Austria had then ceased to exist as an
independent nation and was a province of the German Reich.
(2910-PS; 3425-PS)

Goering, as Delegate for the Four-Year Plan, commissioned
Seyss-Inquart, who was then Reichsstatthalter in Austria,
jointly with the Plenipotentiary of the Reich, to consider
and take any steps necessary for the "Aryanization of
business and economic life, and to execute this process in
accordance with our laws" (Laws of the Reich) (3460-PS)

Seyss-Inquart participated in the drafting of laws for the
sequestration and confiscation of property of the so-called
"enemies of the people and State." Evidence of this fact is
found in the correspondence between Seyss-Inquart and Dr.
Lammers, Chief of the Reichs Chancellery. On 24 October 1938
Seyss-Inquart wrote a letter to Dr. Lammers stating in
substance that the law providing for the sequestration and
confiscation of the property of enemies of the State was
almost completed and ready for the signature of the Fuehrer,
and expressing hope that the signature would be obtained
soon. Dr. Lammers replied to Seyss-Inquart that the decree
would be issued by the Reichsminister of the Interior, a
copy of which had been submitted to Hitler, who had
expressed no objections. (3448-PS; 3447-PS)

The power and authority of Seyss-Inquart with respect to the
sequestration and confiscation of the property of "enemies
of the State" stemmed from a decree empowering the
Reichsstatthalter in Vienna, or the office designated by
him, to confiscate property of persons or societies which
had promoted efforts inimical to the people of the State.
This decree also attempted to legalize the confiscation of
property ordered by the Secret State Police prior to the
issuance of the decree. (3450-PS) This decree appeared

                                                  [Page 985]
                                                            
to be a secret law, because it was not published. Yet it
existence as law is evidenced by a letter written to the
Reichsfuehrer SS and Chief of the German Police, Himmler, in
January 1939, which shows that the decree was in fact issued
on 18 November 1938. (3449-PS)

(b) Murder and illtreatment of civilians. Seyss-Inquart was
aware that so-called enemies of the State were imprisoned in
concentration camps. His knowledge of this matter is
evidenced by his claim of credit for the transfer of his
predecessor -- Chancellor of Austria, von Schuschnigg --
from one concentration camp to another in south Germany
which was in the path of the armed forces of the United
States. (254-PS) L   One of the most notorious concentration
camps was Mauthausen, located in Austria and in existence
while Seyss-Inquart was the Reich Governor of the Province
of Austria. As has t  already been shown, this camp became
noted as an extermination center. (2176-PS)

(c) Plunder of public and private property. Even before the
issuance of the above decree for the sequestration and
confiscation of the property of the so-called enemies of the
State, Seyss-Inquart wrote a letter to Hitler indicating
that he had come into possession of from 700 to 900 valuable
tapestries. Seyss-Inquart offered to display the most
beautiful pieces so that the Fuehrer might make a selection.
In this same letter Seyss-Inquart expressed his pride and
wonder over the manner in which Hitler had "solved the
Sudeten problem."

While Seyss-Inquart was Reich Governor of the Province of
Austria a large quantity of valuable property, including
works of art, belonging to the so-called enemies of the
State, was seized, sequestered, and confiscated. A partial
list of such property is found in a memorandum which
referred to a report of the Reich Fuehrer SS and Chief of
the German Police submitted with a letter dated 10 August
1938 and received in Berlin 26 September 1938. This
inventory listed a total of 162 cases of confiscation, of
which 113 cases had a value of some 93,366,358.24 marks. It
is significant that the former owners of this property were
Jews and political opponents of the Nazis. (3446-PS)

(2) Poland.

(a) Position and authority. Seyss-Inquart was appointed
Deputy Governor General of the Polish Occupied Territory by
Hitler's decree of 12 October 1939, which also appointed
Hans Frank Governor General of the Polish Occupied
Territory. The official title of the government of Poland
under the Nazi con-

                                                  [Page 986]
                                                            
spirators was the "General Government" (3147-PS). Prior to
his appointment as Deputy Governor General of the Polish
Occupied Territory from the early part of September 1939 to
12 October 1939, Seyss-Inquart was Chief of the Civil
Administration of South Poland (2910-PS). Seyss-Inquart as
Deputy Governor General of the Polish Occupied Territory was
second only to the Governor General, Frank. (2283-CC-PS)

The Chief of the Office of the Governor General of the
Polish Occupied Territory and the Higher SS and Police
Leaders were directly subordinate to the Governor General
and his representative. In turn the leaders of the General
and Security Police were subordinated to the Higher SS and
Police Leaders. (3468-PS)

According to Hans Frank, Seyss-Inquart organized the General
Government of Poland. When Seyss-Inquart was about to depart
to assume his new duties as Reich Commissar for the Occupied
Netherlands, Frank eulogized Seyss-Inquart as follows:

     "In the construction of the General-Government, your
     name will forever take a place of honor as originator
     of this organization and State system. I express our
     thanks, Mr. Reichsminister, for your collaboration and
     for your creative energy in the name of all officers,
     employees, and laborers, of all SS organizations and
     the whole police force of the General-Government, and
     in the name of the District Chiefs, the Gau and city
     leaders, in the name of all otherwise on the order of
     the Reich and the Fuehrer her active persons. ***"

During November 1939 Seyss-Inquart made a tour of inspection
in Poland. While on this tour he gave lectures to the German
officials of the General Government of Poland concerning
their duties and German administrative policy in that
country. He told these officials that the only principal aim
of that policy was to satisfy the interests of the Reich and
that they should promote everything of use to the Reich and
hamper all that might damage the Reich. He instructed the
officials that the German Government must utilize the
General Government of Poland for German economic purposes.
(2278-PS)

(b) Murder and illtreatment of the civilian population of
occupied territories. While Seyss-Inquart was on the
aforesaid tour of inspection, a Dr. Lasch, who was a
District Governor, reported to Seyss-Inquart that all
criminals found in the penitentiaries were shot. The
executions, however, were conducted in closed-off wooded
areas and not in public. (2278-PS)

In his report concerning his tour of inspection Seyss-
Inquart

                                                  [Page 987]
                                                            
stated that the intellectuals of Poland were to a greater
part locked up. He also passed on the suggestion made by
District Governor Schmidt to use the "moorish" country
around Cychov, Poland, as a reservoir for Jews because this
measure might have a decimating effect upon the Jewish
population of Poland. (2278-PS)

Hans Frank, in his capacity as Governor General of the
Polish Occupied Territory, made an official report to Hitler
in which he stated that, in the course of time, the German
rule had led to a substantial deterioration in the
"attitude" of the entire Polish people due to malnutrition,
mass arrests, mass shootings, and rigorous methods used to
obtain forced labor. In this report it was admitted that
before 1939 the food supply of the Polish people was quite
adequate to sustain them. (437-PS)

(c) Plunder of public and private property. During the
aforesaid tour of inspection Seyss-Inquart ordered the
seizure of all soap stocks, and informed the German
officials that the seizure of soap and tea was to be
regarded as most important. In addition he ordered a
marshalling of goods such as oil, salt, manures, etc., in
monopolies such as cooperative societies. He also directed
that the Polish unemployment fund in a considerable amount
be diverted to the repair of damaged buildings. (2278-PS)

Frank in his report to Hitler stated that there had been a
confiscation of a great part of Polish estates, together
with encroachments upon and confiscation of the assets of
industries, trades, professions, and other private property.
(437-PS)

(d) Conscription of civilian labor. Seyss-Inquart, as Deputy
Governor General of the Polish Occupied Territory, attended
most staff meetings held by Frank, the Governor General.
Among the subjects discussed and decided upon at those
meetings was the conscription and deportation of vast
numbers of Polish nationals to the Reich for forced labor.
Some of these deportees were employed in instruments of war
production in violation of Articles 6, 23h, 46, and 2 of the
Hague Regulations 1907, as well as the Prisoner of War
Convention (Geneva 1929). On 11 January 1940 one
Frauendorfer reported in the presence of Seyss-Inquart that
daily transports, each carrying 1,000 workers, were going to
the Reich. Thus Seyss-Inquart aided and abetted in these
violations.

According to Frank approximately 160,000 agricultural
workers and 50,000 industrial workers were conscripted and
deported from Poland to the Reich up to and including 21
April 1940. Because the total quota had been fixed at
500,000 and because there were not enough "voluntary
enlistments", solution to the prob-

                                                  [Page 988]
                                                            
lem was sought in the use Of coercive measures. Seyss-
Inquart participated actively in the discussions on this
matter, and thus aided materially in the solution of the
problem. (2233-N-PS)

(e) Germanization of occupied territories. The Nazi
government of the Polish Occupied Territory was determined
to make Poland entirely German. (Evidence of this intention
is discussed in Chapter XIII.) In addition, Frank in his
report to Hitler reported that there had been an
expropriation of property and expulsion of Polish nationals
therefrom for German settlements in Poland. (437-PS)

(3) The Netherlands.

(a) Position and authority of Seyss-Inquart. Seyss-Inquart
was appointed Reich Commissar for the occupied Netherlands
territories by decree of Hitler dated 18 May 1940. This
decree made Seyss-Inquart "guardian of the interests of the
Reich" and invested him with "supreme civil authority."
Seyss-Inquart was made responsible only to Hitler, and
empowered to promulgate laws by decree for the occupied
Netherlands territories. (1376-PS; 2910-PS)

(b) Abrogation and modification of Netherlands legislation
not justified by military necessity. In his capacity as
Reich Commissar of the occupied Netherlands territories
Seyss-Inquart authorized and directed the abrogation or
modification of Netherlands legislation not demanded or
justified by military exigency. This action was in violation
of Article 43 of the Hague Regulations, 1907.

The acts abolished included Provincial and Municipal Laws.
(3340-PS; 3342-PS)

Ordinary criminal laws not in conflict with the permissible
objectives of the occupying power were abrogated, suspended,
or radically changed. Administrative courts martial were
established by decree of Seyss-Inquart as Reich Commissar
which empowered the Leader of the Superior SS and the Police
and Special Agents appointed by the Reich Commissar to
deviate from existing law. This decree also prescribed harsh
penalties for misdemeanors, extending from 10 years to life
imprisonment, and include the death penalty (i) for
participation in "activities likely to disturb or endanger
public order and security" and (ii) for intentional
violation of the orders of the Reich Commissar. (2111-PS)


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