Archive/File: imt/tgmwc/tgmwc-02/tgmwc-02-20.08
Last-Modified: 1999/09/18

In this connection I offer in evidence Document 910-PS. This
is Exhibit USA 310. These are secret notes bearing the date
line: Department of the Interior, Cracow, 3oth March, 1942,
and they concern Himmler's statements upon the "planned
Germanisation" of the Government General. This document was
obtained from the Third Army Intelligence Centre at
Freising, Germany, and I now quote from Page 2 of the
English text, from Line 3 to the end of the report. This
appears in the German text at Page 2, Line 21, continuing to
the end of the report. The document states, and I quote:-

    "The Reichsfuehrer S.S. (Himmler) developed additional
    trains of ideas to the effect that in the first Five
    Year Plan for resettlement after the war the new German
    Eastern territories should first be filled; afterwards
    it is intended to provide the Crimea and the Baltic
    countries
    
                                                  [Page 433]
    
    
    with a German upper-class at least. Into the Government
    General perhaps further German Island Settlements
    should be newly transplanted from European nations, an
    exact decision in this respect, however, has not been
    issued. In any case, it is wished that at first a heavy
    colonisation along the San and the Bug be achieved so
    that these parts of Poland are encircled with alien
    population. Hitherto, it has been always proved that
    this kind of resettlement leads most quickly to the
    desired nationalisation."

In this same connection, I offer in evidence Document 2233-
PS-H. This is defendant Frank's Diary, 1941, Volume II, Page
317. This is Exhibit USA 311. I quote from the last sentence
at the bottom of our Page 3 of the English text of this
exhibit. In the German text this passage appears on Page
317, Lines 25 to 28; the English text is at the bottom of
Page 3, the last sentence. Defendant Frank stated in this
diary, and I quote:-

    "Thanks to the heroic courage of our soldiers, this
    territory has become German, and the time will come
    when the valley of the Vistula, from its source to its
    mouth at the sea, will be as German as the valley of
    the Rhine."

I now turn to another phase of the programme that I
mentioned earlier, that is, the conspirators' plan to
confiscate the property of Poles, Jews and dissident
elements. As I previously mentioned, the evidence will show
that these plans were designed to accomplish a number of
objectives. In so far as the Jews were concerned, they were
part and parcel of the conspirators' over-all programme of
extermination. Confiscation was also a means of providing
property for German settlers and of rewarding those who had
rendered faithful service to the Nazi State. This phase of
their programme likewise made available dispossessed Polish
farmers for slave labour in Germany, and operated to further
the conspirators' objective of preventing the growth of
another generation of Poles.

Proof of the fact that the conspirators confiscated the
property of Poles in furtherance of their Germanisation and
slave labour programme is contained in Document 1352-PS,
previously introduced by Mr. Dodd as Exhibit USA 176. This
exhibit contains a number of reports by one Kusche, who
appears to have been one of Himmler's chief deputies in
Poland. Mr. Dodd quoted from one of Kusche's confidential
reports, dated 22nd May, 1940, at our Page 4, Paragraph 5 of
the English text. In the German text it is at Page 9, Lines
16 to 18. In this statement Kusche pointed out that it was
possible, without difficulty, to confiscate small farms and
that - and I now quote - "The former owners of Polish farms
together with their families will be transferred to the Old
Reich by the employment agencies, for employment as farm
workers."

I now desire to quote from another report by Kusche
contained in the same exhibit and bearing the same date -
22nd May, 1940. I think the upper right-hand corner numbers
might simplify it. The report from which I now quote is
marked secret and is entitled "Details of the Confiscation
in the Bielitz Region." Initially, I should like to quote
from the last paragraph at the bottom of Page ii of this
exhibit. This document, you will recall, is 1352-PS, Exhibit
USA 176, last paragraph at the bottom of Page 1. The German
text is at Page 11, Paragraphs 1 and 2. Kusche stated, and I
quote:-

    "Some days ago the commandant of the concentration camp
    being built at Auschwitz called on Staff Leader Muller
    and requested support

                                                  [Page 434]

    for the carrying out of his assignments. He said that
    it was absolutely necessary to confiscate the
    agricultural enterprises within a certain area around
    the concentration camp, since not only the fields but
    also the farmhouses of these border directly on the
    camp. A local inspection held on the 21St of this month
    revealed the following: there is no room for doubt that
    agricultural enterprises bordering on the concentration
    camp must be confiscated at once. In addition, the camp
    commandant requests that further plots of farmland be
    placed at his disposal, so that he can keep the
    prisoners busy. This too can be done without further
    delay since enough land can be made available for the
    purpose. The owners of the plots are all Poles."

I next quote from Page 2, Lines 22 to 31, of the English
text of this same exhibit. The German text is at Page 12,
Paragraph 2, continuing through to Line 22 from the top of
the page. I quote:-
    
    "I had the following discussion with the head of the
    labour office in Bielitz:
    
    The lack of agricultural labourers still exists in the
    Old Reich. The transfer of the previous owners of the
    confiscated enterprises, together with their entire
    families, to the Reich, is possible without any further
    consideration. It is only necessary for the labour
    office to receive the lists of the persons in time in
    order to enable it to take the necessary steps
    (collection of transportation, distribution over the
    various regions in need of such labour)."

Finally, I quote from Page 3 of this same exhibit, Lines 6
to 13 of the English text. The German text appears at Page
13, the last three lines, continuing through to Page 14,
Line 9:-

    "The confiscation of these Polish enterprises in Alzen
    will also be carried out within the next few days. The
    commandant of the concentration camp will furnish S.S.
    men and a truck for the execution of the action. Should
    it not yet be possible to take the Poles from Alzen to
    Auschwitz" - and Auschwitz, your Honours will recall,
    is where the concentration camp was - "they should be
    transferred to the empty castle at Zator. The liberated
    Polish property is to be given to the needy racial
    German farmers for their use."

In order to regularise the programme of confiscation,
defendant Goering issued a decree on 17th September, 1940.
This decree appears in the Reichsgesetzblatt, 1940, Part 1,
Page 1270, and I ask the Tribunal to take judicial notice of
it. Under Section 2 of this decree, sequestration of movable
and immovable property, stores, and other intangible
property interests of Jews and "persons who have fled or are
not merely temporarily absent" was made mandatory. In
addition, sequestration was authorised under Section 2,
Subsection 2, if the property were required "for the public
welfare, particularly in the interests of Reich defence or
the strengthening of Germanism." By Section 9 of this
decree, issued by defendant Goering, confiscation of
sequestrated property was authorised "if the public welfare,
particularly the defence of the Reich, or the strengthening
of Germanism, so requires." However, Section 1, Subsection
2, of the decree provided that property of German nationals
was not subject to sequestration and confiscation; and
Section 13 provided that sequestration would be suspended if
the owner of the property asserted that he was a German. The
decree,

                                                  [Page 435]

on its face, indicates very clearly a purpose to strip
Poles, Jews, and dissident elements of their property. It
was, moreover, avowedly designed to promote Germanism.

We ask the Court to take judicial notice of it. It is in the
Reichsgesetzblatt.

Apparently, some question arose at one point as to whether
the decree required that a determination be made, in each
case involving the property of a Pole, that the property was
required "for the public welfare, particularly in the
interests of Reich defence or the strengthening of
Germanism." The answer supplied by the conspirators was firm
and clear. In any case in which the property of a Pole is
involved, the "strengthening of Germanism" required its
seizure. In this connection I offer in evidence Document R-
92, which is Exhibit USA 312. This document, which is dated
15th April, 1941, bears the letterhead of the Reich Leader
S.S., Commissioner for the Consolidation of German
Nationhood, and is entitled "Instruction for internal use on
the application of the law concerning property of the Poles
Of 17th September, 1940." This document was captured by the
U.S. Counter-Intelligence Corps. I quote from Page 2, Lines
11 to 14 of the English text. In the German text this
statement appears at Page 3, Paragraph 2, Sub-paragraph. I
quote: -
    
    "The conditions permitting seizure according to Section
    2, Sub-section 2, are always present if the property
    belongs to a Pole, for the Polish real estate will be
    needed without exception for the consolidation of the
    German nationhood."

In the Government General defendant Frank promulgated a
decree on 24th January, 1940, authorising sequestration "in
connection with the performance of tasks serving the public
interest" and liquidation of "anti-social or financially
unremunerative concerns." The decree is embodied in the
Verordunngsblatt of the Government General, No. 6, 27th
January, 1940, Page 23, and we ask the Tribunal to take
judicial notice of it. The undefined criteria in this decree
obviously empowered Nazi officials in the Government General
to engage in wholesale seizure of property.

The magnitude of the conspirators' confiscation programme in
Poland was staggering. I ask your Honours to turn to the
chart on the sixth page of Document R-92, which was
introduced into evidence a moment ago as Exhibit USA 312.

This chart shows that as of 31st May, 1943, the staggering
total of 693,252 estates, comprising 6,097,525 hectares, had
been seized, and 9,508 estates, comprising 270,446 hectares,
had been confiscated by the Estate Offices Danzig, West
Prussia, Poznan, Zichenau, and Silesia. This, it will be
noted, represented the seizure and confiscation by only four
offices.

That, your Honours, concludes our discussion on Poland, and
I now turn to Czechoslovakia. At this point of the
proceedings we shall introduce only one document upon
Czechoslovakia. This one document, however, contains a
startling revelation of the conspirators' plans to Germanise
Bohemia and Moravia. It relates how three plans, each
characterised by its severity, were discussed, and finally
how the Fuehrer decided on plan (c), which involved the
assimilation of about one-half of the Czech population by
the Germans, and the extermination of the other half.
Moreover, the plan envisaged a large influx into
Czechoslovakia of Germans whose loyalty to the Fuehrer was
unquestioned. I offer this document in evidence. It is
Document 862-PS, and it is Exhibit USA 313. This is a top
secret report dated 15th October,
                                                  [Page 436]

1940, which was written by General Friderici, Deputy General
of the Wehrmacht in Bohemia and Moravia. On the face of the
document, it appears that only four copies were made. The
document we offer in evidence is the original document,
which was found among the captured files of the O.K.W. This
document bears the hand-written letters "K" and "J" on the
first page on the left-hand side, and I am advised that the
handwriting is unquestionably that of defendants Keitel and
Jodl. I quote the document in its entirety:-

    "On 9th October of this year, the office of the Reich
    Protector held an official conference in which State
    Secretary S.S. Lt. General K. H. Frank spoke about the
    following" - S.S. Gruppenfuehrer K. H. Frank, it may be
    noted, was Secretary of State under defendant von
    Neurath, who at the date of this report was the
    Protector of Bohemia and Moravia.

Continuing this quotation-

THE PRESIDENT: Who did you say Frank was?

CAPTAIN HARRIS: Frank was an S.S. Gruppenfuehrer, and
Secretary of State under defendant von Neurath. He is not
the defendant Hans Frank. At the date of this particular
report von Neurath, under whom K. H. Frank served was the
Protector of Bohemia and Moravia. Continuing the quotation:-

    "Since creation of the Protectorate of Bohemia and
    Moravia, Party agencies, industrial circles, as well as
    agencies of the central authorities of Berlin, have
    considered a solution for the Czech problem.
    
    After ample deliberation, the Reich Protector expressed
    his views about the various plans in a memorandum. In
    this, three ways of solution were indicated:
    
        (a) German infiltration of Moravia and confinement
        of the Czech nationals to a residual Bohemia. This
        solution is considered unsatisfactory, because the
        Czech problem, even if in diminished form, will
        continue to exist.
        
        (b) Many arguments can be brought up against the
        most radical solution, namely, the deportation of
        all Czechs. Therefore, in the memorandum it is
        concluded that it cannot be carried out within a
        reasonable period of time.
        
        (c) Assimilation of the Czechs, i.e., absorption of
        about half of the Czech nationals by the Germans,
        in so far as this is of racial or other value. This
        can also be effected in other ways, e.g., by
        increased employment of Czechs in the Reich
        territory (with the exception of the Sudeten-German
        border districts), in other-words, by dispersing
        the concentrations of Czech nationals.
    
    The other half of the Czech nationals must be deprived
    of their power, eliminated and shipped out of the
    country by all sorts of methods. This applies
    particularly to the racially Mongoloid part and to the
    major part of the intellectual class. The latter can
    scarcely be converted ideologically and would become a
    burden by constantly making claims for the leadership
    over the other Czech classes, and thus interfering with
    a rapid assimilation.
    
    Elements which counteract the planned Germanisation
    ought to be handled roughly and eliminated.
    
                                                  [Page 437]

    The above development naturally presupposes an
    increased influx of Germans from the Reich territory
    into the Protectorate.
    
    After a discussion, the Fuehrer has chosen solution (c)
    (Assimilation) as a directive for the solution of the
    Czech problem and decided that, while keeping up the
    autonomy of the Protectorate on the surface, the
    Germanisation will have to be carried out in a
    centralised way, by the office of the Reich Protector,
    for years to come.
    
    From the above no particular conclusions are drawn by
    the Armed Forces. This is the line which has always
    been taken here. In this connection I refer to my
    memorandum submitted to the Chief of the High Command
    of the Armed Forces, dated 12th July, 1939, file No.
    6/39, top secret, entitled: The Czech Problem (Attached
    as annex).
    
    The Representative of the Armed Forces with the Reich
    Protector in Bohemia and Moravia.
    Signed, Friderici, General of Infantry."

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