Archive/File: imt/nca/nca-02/nca-02-16-responsibility-08-02 Last-Modified: 1997/03/27 Nazi Conspiracy and Aggression, Volume Two, Chapter XVI [Page 629] C. THROUGH USE OF HIS OFFICE AS GOVERNOR GENERAL, FRANK PARTICIPATED IN THE CONSPIRACY To COMMIT WAR CRIMES AND CRIMES AGAINST HUMANITY IN THE TERRITORY OF THE GENERAL GOVERNMENT OF POLAND. Certain of the war crimes and crimes against humanity committed by the Nazi conspirators, and in particular by Frank in the General Government of Poland are discussed in Chapter X on the Slave Labor Program, Chapter XI on Concentration Camps, Chapter XII on Persecution of the Jews, and Chapter XIII on Germanization and Spoliation. This section will attempt to trace Frank's special responsibility, as Governor General, for the policies underlying the crimes committed in the General Government during the period of his Frank was appointed Governor General of the Occupied Polish Territories by a Hitler decree dated 12 October 1939. The scope of his executive power was defined as follows: "Section 1. The territories occupied by German troops shall be subject to the authority of the Governor General of the occupied Polish territories, except insofar as they are incorporated within the German Reich. "Section 2. (1) I appoint Reich Minister Dr. Frank as Governor General of the occupied Polish territories. (2) As Deputy Governor General I appoint Reich Minister Dr. Seyss-Inquart. "Section 3. (1) The Governor General shall be directly responsible to me. (2) All branches of the administration shall be directed by the Governor General ***." (2537-PS) The jurisdiction and functions of Frank in the General Government are described by him in several passages of his diary. For example at a meeting of Department Heads of the General Government on 8 March 1940 in the Bergakademie, Frank clarified his status as follows: "One thing is certain. The authority of General Government as the representative of the Fuehrer and the will of the Reich in this territory is certainly strong, and I have always emphasized that I would not tolerate the misuse of this authority. I have allowed this to be known anew at every office in Berlin, especially after Herr Field Marshall Goering on 12.2.1940 from Karin-hall had forbidden all Administrative Offices of the Reich, including the Police and even the Wehrmacht, to interfere in administrative matters of the General Government *** [Page 630] "There is no authority here in the General Government which is higher as to rank, influence, and authority than that of the Governor General. Even the Wehrmacht has no governmental or official functions of any kind in this connection; it has only security functions and general military duties -- it has no political power whatsoever. The same applies here to the Police and SS. There is here no state within a state but we are the representatives of the Fuehrer and of the Reich. In final conclusion, this applies also to the Party which has here no far-reaching influence except for the fact that very old members of the National Socialist Party and loyal veterans of the Fuehrer take care of general matters." (2233-M-PS) At a conference of the District Standartenfuehrer of the NSDAP in Cracow on 18 March 1942, Frank explained the relationship between his administration and Himmler: "As you know I am a fanatic as to unity in administration. *** It is therefore clear that the Higher SS and Police Officer is subordinated to me, that the Police is a component of the government, that the SS and Police Officer in the district is subordinated to the Governor, and that the Kreis [district] chief has the authority of command over the gendarmerie in his Kreis [district]. This the Reichsfuehrer SS has recognized; in the written agreement all these points are mentioned word for word and signed. It is also self-evident that we cannot set up a closed shop here which can be treated in the traditional manner of small states. It would, for instance, be ridiculous if we would build up here a security policy of our own against our Poles in the country, while knowing that the Polacks in West Prussia, in Posen, in Wartheland and in Silesia have one and the same movement of resistance. The Reichsfuehrer SS and Chief of the German Police thus must be able to carry out with the aid of his agencies his police measures concerning the interests of the Reich as a whole. This, however, will be done in such a way that the measures to be adopted will first be submitted to me and carried out only when I give my consent. In the General Government, the Police is the Armed Forces. As a result of this, the leader of the Police system will be called by me into the government of the General Government; he is subordinate to me, or to my deputy, as a State Secretary for the Security Systems." (2233-R-PS) [Page 631] D. THE PROTOCOL UNDER WHICH THE PURPOSES OF FRANKS ADMINISTRATION OF THE GENERAL GOVERNMENT WERE DEFINED CONSTITUTES IN ITSELF A CRIMINAL PLAN OR CONSPIRACY. The protocol of the conversation between Keitel and Hitler, which was dated 20 October 1939 and initialed by General Warlimont, regarding "The Future Shape of Polish Relations with Germany" provided in part as follows: "(1) The Armed Forces will welcome it if they can dispose of Administrative questions in Poland. "On principle there cannot be two administrations." "(3) It is not the task of the Administration to make Poland into a model province or a model state of the German order or to put her economically or financially on a sound basis. "The Polish intelligentsia must be prevented from forming a ruling class. The standard of living in the country is to remain low; we only want to draw labor forces from there. Poles are also to be used for the administration of the country. However the forming of national political groups may not be allowed. "(4) The administration has to work on its own responsibility and must not be dependent on Berlin. We don't want to do there what we do in the Reich. The responsibility does not rest with the Berlin Ministries since there is no German administrative unit concerned. "The accomplishment of this task will involve a hard racial struggle [Volkstumskampf] which will not allow any legal restrictions. The methods will be incompatible with the principles otherwise adhered to by us. "The Governor General is to give the Polish nation only bare living conditions and is to maintain the basis for military security." "(6) *** Any tendencies towards the consolidation of conditions in Poland are to be suppressed. The 'Polish muddle' [polnische Wirtschaft] must be allowed to develop. The government of the territory must make it possible for us to purify the Reich territory from Jews and Polacks, too. Collaboration with new Reich provinces (Posen and West Prussia) only for resettlements (Compare Mission Himmler). "Purpose: Shrewdness and severity must be the maxims in [Page 632] this racial struggle in order to spare us from going to battle on account of this country again." (864-PS) Frank's own statements regarding the purposes of his administration in Poland should be considered in connection with the foregoing document. The economic and political responsibilities which had been conferred on Frank by Hitler, and according to which he "intended to administer Poland", were explained by Frank as follows in an interview that took place on 3 October 1939: "Poland can only be administered by utilizing the country through means of ruthless exploitation, deportation of all supplies, raw materials, machines, factory installations, etc., which are important for the German war economy, availability of all workers for work within Germany, reduction of the entire Polish economy to absolute minimum necessary for bare existence of the population, closing of all educational institutions, especially technical schools and colleges in order to prevent the growth of the new Polish intelligentsia. 'Poland shall be treated as a colony; the Poles shall be the slaves of the Greater German World Empire.' " (EC-344-16 & 17) The Hitler-Keitel protocol should also be construed in the light of various passages in Frank's diary relating to German policy in Poland. Illegality had been made in effect a canon of administration by the protocol, which provided that Frank's task involved "a hard racial struggle which will not allow any legal restrictions." Frank emphasized this point to his Department Heads at a conference on 19 December 1940: "*** In this country the force of a determined leadership must rule. The Pole must feel here that we are not building him a legal state, but that for him there is only one duty, namely, to work and to behave himself. It is clear that this leads sometimes to difficulties, but you must, in your own interest, see that all measures are ruthlessly carried out in order to become master of the situation. You can rely on me absolutely in this." (2233-O-PS) It was the German purpose from the beginning to administer the General Government as colonial territory in total disregard of the duties imposed by International Law on an occupying power, and Frank's administrative policies were shaped in accordance with this policy. At the first conference with Department Heads of the General Government on 2 December 1939, Frank stated: "Decisive in the administrative activities of the General Gov- [Page 633] rnment is the will of the Fuehrer that this area shall be the first colonial territory of the German nation." (2233-K-PS) The "hard racial struggle" which Keitel and Hitler agreed could be solved only if attacked without "legal restrictions," developed into the struggle which had as its ultimate purpose the Germanization of the General Government. Frank's adherence to the conspirators' Germanization policy was clearly expressed by him at an official meeting of political leaders of the NSDAP in Cracow on 5 August 1942. Frank explained on that occasion: "The situation in regard to Poland is unique insofar as on the one hand -- I speak quite openly -- we must expand Germanism in such a manner that the area of the General Government becomes pure German colonized land at some decades to come; and, on the other hand under the present war conditions we have to allow foreign racial groups to perform here the work which must be carried out in the service of Greater Germany." (2233-V- PS) Expediency, and expediency only, tempered Frank's treatment of the non-German population of the General Government in the "hard racial struggle" he was charged with administering. The General Government was destined to become "pure German colonized land", the valley of the Vistula to be as "German as the valley of the Rhine." (2233-H-PS) As for the Poles and Ukrainians, Frank's attitude was clear. They were to be permitted to work for the German economy as long as the war emergency continued. Once the war was won, he told the District Standortfuehrung and Political Leaders at a conference at Cracow on 14 January 1944: "*** then, for all I care, mincemeat [Hackfleisch] can be made of the Poles and the Ukrainians and all the others who run around here it does not matter what happens." (2233-BB- PS) E. FRANK ADVOCATED AND ADMINISTERED A PROGRAM OF EXTERMINATING JEWS OF POLISH NATIONALITY WITHIN THE GENERAL Frank's diary makes it clear that the complete annihilation of Jews, in accordance with the racial program of the Nazi conspirators was one of the objectives of his administration as Governor General. In the fall of 1940 Frank urged German soldiers to reassure their families in Germany with regard to the hardships of life in the General Government: [Page 634] "In all these weeks, they [i. e., your families] will be thinking of you, saying to themselves: My God, there he sits in Poland where there are so many lice and Jews, perhaps he is hungry and cold, perhaps he is afraid to write. *** It would not be a bad idea then to send our dear ones back home a picture, and tell them: well now, there are not so many lice and Jews any more, and conditions here in the Government General have changed and improved somewhat already. Of course, I could not eliminate all lice and Jews in only one year's time (public amused). But in the course of time, and above all, if you help me, this end will be attained. After all, it is not necessary for us to accomplish everything within a year and right away, for what would otherwise be left for those who follow us to do?" (2233-C-PS). A year later at a Cabinet Session of 16 December 1941 Frank restated the official policy of his administration with respect to Jews: "As far as the Jews are concerned, I want to tell you quite frankly, that they must be done away with in one way or another. The Fuehrer said once: should united Jewry again succeed in provoking a world war, the blood of not only the nations which have been forced into the war by them, will be shed, but the Jew will have found his end in Europe *** "Gentlemen, I must ask you to rid yourselves of all feeling of pity. We must annihilate the Jews, wherever we find them and wherever it is possible, in order to maintain here the structure of the Reich as a whole. This will, naturally, be achieved by other methods than those pointed out by Bureau Chief Dr. Hummel. Nor can the judges of the Special Courts be made responsible for it, because of the limitations of the framework of the legal procedure. Such outdated views cannot be applied to such gigantic and unique events. We must find at any rate, a way which leads to the goal, and my thoughts are working in that direction. "The Jews represent for us also extraordinarily malignant gluttons. We have now approximately 2,500,000 of them in the General Government, perhaps with the Jewish mixtures and everything that goes with it, 3,500,000 Jews. We cannot shoot or poison those 3,500,000 Jews, but we shall nevertheless be able to take measures, which will lead, somehow, to their annihilation, and this in connection with the gigantic measures to be determined in discussions from the Reich. [Page 635] The General Government must become free of Jews, the same as the Reich. Where and how this is to be achieved is a matter for the offices which we must appoint and create here. Their activities will be brought to your attention in due course." (2233-D-PS) An earlier passage in the report of this session of the Cabinet explains the references to Dr. Hummel. Hummel had complained that legal formalities were obstructing the process of liquidation: "In Warsaw, in spite of the setting up of a third court chamber, we have been able to decree only 45 death sentences, only 8 of which have been carried out, since in each individual case, the Pardon Commission [Gnadenkommssion] in Cracow has to make the final decision. A further 600 sentences were demanded and are under consideration. An effective isolation of the ghetto is not possible by way of the Special Court Procedure. The procedure to be followed up to the liquidation takes too much time; it is burdened with too many formalities and must be simplified." (2233-Q- PS) Frank himself ordered that every Jew seen outside the Ghetto should be executed: "Severe measures must and will be adopted against Jews leaving the Ghettos. Death sentences pending against Jews for this reason must be carried out as quickly as possible. This order according to which every Jew found outside the Ghetto is to be executed, must be carried out without fail." (2233-Q-PS) When ways and means of meeting the food deficit in the General Government created by the increase in quotas to be requisitioned for export to Germany were discussed in August 1942, Frank approved a program which provided in part as follows: "The feeding of a Jewish population, estimated heretofore at 1.6 million, drops off to an estimated total of 300,000 Jews, who still work for German interests as craftsmen or otherwise. For these the Jewish rations, including certain special allotments which have proved necessary for the maintenance of working capacity, will be retained. The other Jews, a total of 1.2 million, will no longer be provided with foodstuffs." (2233-E-PS) Frank's concurrence was expressed in the following terms: "That we sentence 1.2 million Jews to die of hunger should be noted only marginally. It is a matter of course that should the Jews not starve it would, we hope, result in speeding up anti-Jewish measures." (2233-E-PS) [Page 636] At an official meeting of the political leaders of the NSDAP on 5 August 1942, Frank made the following progress report: "What a dirty people made up of Jews swaggered around here before 1939! And where are the Jews today? You scarcely see them. If you see them they are working." (2233-V-PS) In December 1941, Frank had pointed out that his administration could not shoot or poison all the three and a half million Jews in the General Government. He had promised, however, that he would be able to devise measures which would lead to their annihilation. Two years later, at a special press conference in January 1944, he was able to report that his mission was almost accomplished. "At the present time we have still in the General Government perhaps 100,000 Jews." (2233-F-PS)
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