Nazi Conspiracy & Aggression [Page 48]
The Germans approached monuments of culture, dear to the
Soviet people, with special hatred. They broke up the estate
of the poet Pushkin in Mikhailovskoye, desecrating his
grave, and destroying the neighboring villages and the
Svyatogor monastery.
They destroyed the estate and museum of Lev Tolstoy,
"Yasnaya Polyana" and desecrated the grave of the great
writer. They destroyed in Klin the museum of Tsaikovsky and
in Penaty, the museum of the painter Repin and many others.
The Nazi conspirators destroyed 1,670 Greek Orthodox
Churches, 237 Roman Catholic Churches, 67 Chapels, 532
Synagogues, etc.
They broke up, desecrated and senselessly destroyed also the
most valuable monuments of the Christian Church, such as
Kievo Pecherskaya Lavra, Novy Jerusalem in the Istrin
region, and the most ancient monasteries and churches.
Destruction in Esthonia of cultural industrial and other
premises: burning down of many thousands of residential
buildings: removal of 10,000 works of art: destruction of
medical and prophylactic institutions. Plunder and removal
to Germany of immense quantities of agricultural stock
including horses, cows, pigs, poultry, beehives and
agricultural machines of all kinds.
Destruction of agriculture, enslavement of peasants and
looting of stock and produce in Lithuania.
In the Latvian Republic destruction of the agriculture by
the looting of all stock, machinery and produce.
The result of this policy of plunder and destruction was to
lay waste the land and cause utter desolation.
The overall value of the material loss which the USSR has
borne, is computed to be 679,000,000,000 rubles, in state
prices of 1941.
Following the German occupation of Czechoslovakia on
15 March 1939 the defendants seized and stole large stocks of
raw materials, copper, tin, iron, cotton, and food; caused
to be taken to Germany large amounts of railway rolling
stock, and many engines, carriages, steam vessels and
trolley buses; plundered libraries, laboratories, and art
museums of tools, pictures, objects of art, scientific
apparatus and furniture; stole all gold reserves and foreign
exchange of Czechoslovakia, including 23,000 kilograms of
gold of a nominal value of 5,265,000;
fraudulently acquired control and thereafter looted the
Czech banks and many Czech industrial enterprises; and
otherwise stole, looted and misappropriated Czechoslovak
public and private property. The total sum of defendants'
economic spoliation of Czechoslovakia from 1938 to 1945
is estimated at 200,000,000,000 Czechoslovak crowns.
[Page 49]
(F) THE EXACTION OF COLLECTIVE PENALTIES
The Germans pursued a systematic policy of inflicting, in
all the occupied countries, collective penalties, pecuniary
and otherwise, upon the population for acts of individuals
for which it could not be regarded as collectively
responsible; this was done at many places, including Oslo,
Stavanger, Trondheim and Rogaland.
Similar instances occurred in France, among others in Dijon,
antes and as regards the Jewish population in the occupied
territories. The total amount of fines imposed on French
communities add up to 1,157,179,484 francs made up as
follows
A fine on the Jewish population 1,000,000,000
Various fines 157,179,484
These acts violated Article 50, Hague Regulations, 1907, the
laws and customs of war, the general principles of criminal
law as derived from the criminal laws of all civilized
nations, the internal penal laws of the countries in which
such crimes were committed and Article 6 (b) of
the Charter.
(G) WANTON DESTRUCTION OF CITIES, TOWNS AND VILLAGES AND
DEVASTATION NOT JUSTIFIED BY MILITARY NECESSITY
The Defendants wantonly destroyed cities, towns and villages
and committed other acts of devastation without military
justification or necessity. These acts violated Articles 46
and 50 of the Hague Regulations, 1907, the laws and customs
of war, the general principles of criminal law as derived
from the criminal laws of al civilized nations, the internal
penal laws of the countries in which such crimes were
committed and Article 6 (b) of the Charter.
Particulars by way of example only and without prejudice to
the production of evidence of other cases are as follows:
1. Western Countries:
In March, 1941, part of Lofoten in Norway was destroyed.
In April, 1942, the town of Telerag in Norway was destroyed.
Entire villages were destroyed in France, among others
Oradour-sur-Glane, Saint-Nizier and, in the Vercors, La
Mure, Vassieux, La Chapelle en Vercors. The town of Saint
Die was burnt down and destroyed. The Old Port District of
Marseilles was dynamited in the beginning of 1943 and
resorts along the Atlantic and the Mediterranean coasts,
particularly the town of Sanary, were demolished.
In Holland there was most widespread and extensive
destruction, not justified by military necessity, including
the destruc-
[Page 50]
tion of harbors, locks, dykes and bridges: immense
devastation was also caused by inundations which equally
were not justified by military necessity.
2. Eastern Countries:
In the Eastern Countries the Defendants pursued a policy of
wanton destruction and devastation: some particulars of this
(without prejudice to the production of evidence of other
cases) are set out above under the heading"Plunder of Public
and Private Property".
In Greece in 1941, the villages of Amelofito, Kliston,
Kizonia, Messovunos, Selli, Ano-Kerzilion and Kato-Kerzilion
were utterly destroyed.
In Yugoslavia on 15 August 1941, the German military command
officially announced that the village of Skela was burned to
the ground and the inhabitants killed on the order of the
command.
On the order of the Field Commander Hoersterberg a punitive
expedition from the SS troops and the field police destroyed
the villages of Machkovats, and Kriva Reka in Serbia and all
the inhabitants were killed.
General Fritz Neidhold (369 Infantry Division) on 11th
September 1944, gave an order to destroy the villages of
Zagniezde and Udora, hanging all the men and driving away
all the women and children.
In Czechoslovakia the Nazi conspirators also practised the
senseless destruction of populated places. Lezaky and Lidice
were burned to the ground and the inhabitants killed.
(H) CONSCRIPTION OF CIVILIAN LABOUR
Throughout the occupied territories the defendants
conscripted and forced the inhabitants to labour and
requisitioned their services for purposes other than meeting
the needs of the armies of occupation and to an extent far
out of proportion to the resources of the countries
involved. All the civilians so conscripted were forced to
work for the German war effort. Civilians were required to
register and many of those who registered were forced to
join the Todt Organization and the Speer Legion, both of
which were semi-military organizations involving some
military training. These acts violated Articles 46 and 52 of
the Hague Regulations, 1907, the laws and customs of war,
the general principles of criminal law as derived from the criminal
laws of all civilized nations, the internal penal laws of the countries
in which such crimes were committed and Article 6 (b) of the
Charter.
[Page 51]
Particulars, by way of example only and without prejudice to
the production of evidence of other cases, are as follows:
1. Western Countries:
In France, from 1942 to 1944, 963,813 persons were compelled
to work in Germany and 737,000 to work in France for the German Army.
In Luxembourg in 1944 alone, 2,500 men and 500 girls were
conscripted for forced labor.
2. Eastern Countries:
Of the large number of citizens of the Soviet Union and of
Czechoslovakia referred to under Count Three III (B) 2 above
many were so conscripted for forced labor.
(I) FORCING CIVILIANS OF OCCUPIED TERRITORIES TO SWEAR
ALLEGIANCE TO A HOSTILE POWER
Civilians who joined the Speer Legion, as set forth in
paragraph (H) above, were required under threat of depriving
them of food, money and identity papers, to swear a solemn
oath acknowledging unconditional obedience to Adolf Hitler,
the Fuehrer of Germany, which was to them a hostile power.
In Lorraine, Civil Servants were obliged, in order to retain
their positions, to sign a declaration by which they
acknowledged the "return of their Country to the Reich",
pledged themselves to obey without reservation the orders of
their Chiefs and put themselves "at the active service of
the Fuehrer and the Great National Socialist Germany".
A similar pledge was imposed on Alsatian Civil Servants by
threat of deportation or internment.
These acts violated Article 45 of the Hague Regulations,
1907, the laws and customs of war, the general principles of
international law and Article 6 (b) of the Charter.
(J) GERMANIZATION OF OCCUPIED TERRITORIES
In certain occupied territories purportedly annexed to
Germany the-defendants methodically and pursuant to plan
endeavored to assimilate those territories politically, culturally,
socially and economically into the German Reich. The defendants
endeavored to obliterate the former national character of
these territories. In pursuance of these plans ad endeavors,
the defendants forcibly deported in-habitants who were
predominantly non-German and introduced thousands
of German colonists.
[Page 52]
This plan included economic domination, physical conquest,
installation of puppet Governments, purported de jure
annexation and enforced conscription into the German Armed
Forces.
This was carried out.in most of the Occupied Countries
including: Norway, France (particularly in the departments
of Upper Rhine, Lower Rhine, Moselle, Ardennes, Aisne, Nord,
Meurthe and Moselle), Luxembourg, the Soviet Union, Denmark,
Belgium, Holland.
In France in the Departments of the Aisne, the Nord, the
Meurthe and Moselle, and especially in that of the Ardennes,
rural properties were seized by a German state organization
which tried to have them exploited under German direction;
the landowners of these exploitations were dispossessed and
turned into agricultural laborers.
In the Department of the Upper Rhine, the Lower Rhine and
the Moselle, the methods of Germanization were those of
annexation followed by conscription.
1. From the month of August, 1940, officials who refused to
take the oath of allegiance to the Reich were expelled. On
September 21st expulsions and deportation of populations
began and on 22nd November 1940, more than 70,000 Lorrainers
or Alsacians were driven into the Souh zone of France. From
31st July 1941, onwards, more than 100,000 persons were
deported into the Eastern regions of the Reich or to Poland.
All the property of the deportees or expelled persons was
confiscated. At the same time, 80,000 Germans coming from
the Saar or from Westphalia, were installed in Lorraine and
2,000 farms belonging to French people were transferred to
Germans.
2. From 2nd January 1942, all the young people of the
Departments of the Upper Rhine and the Lower Rhine, aged
from 10 to 18 years, were incorporated in the Hitler Youth.
The same thing was done in the Moselle from 4th August 1942.
From 1940 all the French schools were closed, their staffs
expelled, and the German school system was introduced in the
three departments.
3. On the 28th September 1940, an order applicable to the
Department of the Moselle ordained the Germanization of all
the surnames and christian names which were French in form.
The same thing was done from the 16th January 1943, in the
Departments of the Upper Rhine and the Lower Rhine.
4. Two orders from 23rd August 1942 to 24th August 1942,
imposed by force German nationality on French citizens.
5. On 8th May 1941, for the Upper Rhine and the Lower Rhine,
23rd April 1941, for the Moselle, orders were promulgated --
enforcing compulsory labour service on all French citizens
[Page 53]
of either sex aged from 17 to 25 years. From 1st January
1942, for young men and from 26th January 1942, for young
girls, national labour service was effectively organized in
the Moselle. It was from 27th August 1942, in the Upper
Rhine and in the Lower Rhine for young men only. The classes
1940, 1941, 1942 were called up.
6. These classes were retained in the Wehrmacht on the
expiration of their time and labour service. On 19th August
1942, an order instituted compulsory military service in the
Moselle. On 25th August 1942, the classes 1940 4 were called
up in three Departments. Conscription was enforced by the
German authorities in conformity with the provisions of
German legislation. The first revision boards took place
from the 3rd September 1942. Later in the Upper Rhine and the Lower
Rhine new 'levies were effected everywhere on classes 1928
to 1939 inclusive. The French people who refused to obey these laws were considered as deserters and their families were deported, while their property was
confiscated.
These acts violated Articles 43, 46, 55 and 56 of the Hague
Regulations, 1907, the laws and customs of war the general
principles of criminal law as derived from the criminal laws
of all civilized nations, the internal penal laws of the
countries in which such crimes were committed and Article 6
(b) of the Charter.
IX. Individual, group and organization responsibility for
the offense stated
in Count Three
Reference is hereby made to Appendix A of this Indictment
for a statement of the responsibility of the individual
defendants for the offense set forth in this Count Three of
the Indictment. Reference is hereby made to Appendix B of
this Indictment for a statement of the responsibility of the
groups and organizations named herein as criminal groups and
organizations for the offense set forth in this Count Three
of the Indictment.
COUNT FOUR -- CRIMES AGAINST HUMANITY
(Charter, Article 6, especially 6 (c).)
X. Statement of the Offense
All the defendants committed Crimes against Humanity during
a period of years preceding 8th May 1945 in Germany and in
all those countries and territories occupied by the German
armed forces since 1st September 1939 and in Austria and
Czechoslovakia and in Italy and on the High Seas.
[Page 54]
All the defendants, acting in concert with others,
formulated and executed a common plan or conspiracy to
commit Crimes against Humanity as defined in Article 6(c) of
the Carter. This plan involved, among other things, the
murder and persecution of all who were or who were suspected
of being hostile to the Nazi Party and all who were or who
were suspected of being opposed to the common plan alleged
in Count One.
The said Crimes against Humanity were committed by the
defendants and by other persons for whose acts the
defendants are responsible (under Article 6 of the Charter)
as such other persons, when committing the said War Crimes,
performed their acts in execution of a common plan and
conspiracy to commit the said War Crimes, in the formulation
and execution of which plan and conspiracy all the
defendants participated as leaders, organizers, instigators
and accomplices.
These methods. and crimes constituted violations of
international conventions, of internal penal laws, of the
general principles of criminal law as derived from the
criminal law of all civilized nations and were involved in
and part of a systematic course of conduct. The said acts
were contrary to Article 6 of the Charter.
The prosecution will rely upon the facts pleaded under Count
Three as also constituting Crimes against Humanity.
(A) MURDER, EXTERMINATION, ENSLAVEMENT, DEPORTATION AND
OTHER INHUMANE ACTS COMMITTED AGAINST CIVILIAN POPULATIONS
BEFORE AND DURING THE WAR
For the purposes set out above, the defendants adopted a
policy of persecution, repression, and extermination of all
civilians in Germany who were, or who were believed to, or
who were be believed likely to become, hostile to the Nazi
Government and the common plan or conspiracy described in
Count One. They imprisoned such persons without judicial
process, holding them in "protective custody" and
concentration camps, and subjected them to persecution,
degradation, despoilment, enslavement, torture and murder.
Special courts were established to carry out the will of the
conspirators; favoured branches or agencies of the State and
Party were permitted to operate outside the range even of
nazified law and to crush all tendencies and elements which
were considered "undesirable". The various concentration
camps included Buchenwald, which was established in 1933 and
Dachau, which was established in 1934. At these and other
camps the civilians were put to slave labour, and murdered
and ill-treated
[Page 55]
by divers means, including those set out in Count Three
above, and these acts and policies were continued and
extended to the occupied countries after 1st September 1939,
and until 8th May 1945.
(B) PERSECUTION ON POLITICAL, RACIAL AND RELIGIOUS GROUNDS
IN EXECUTION OF AND IN CONNECTION WITH THE COMMON PLAN
MENTIONED IN COUNT ONE
As above stated, in execution of and in connection with the
common plan mentioned in Count One, opponents of the German
Government were exterminated and persecuted. These
persecutions were directed against Jews. They were also
directed against persons whose political belief or spiritual
aspirations were deemed to be in conflict with the aims of
the Nazis.
Jews were systematically persecuted since 1933; they were
deprived of their liberty, thrown into concentration camps
where they were murdered and ill-treated. Their property was
confiscated. Hundreds of thousands of Jews were so treated
before 1st September 1939.
Since 1st September 1939, the persecution of the Jews was
redoubled: millions of Jews from Germany and from the
occupied Western Countries were sent to the Eastern
Countries for extermination.
Particulars by way of example and without prejudice to the
introduction of evidence of other cases are as follows:
The Nazis murdered amongst others Chancellor Dollfuss, the
Social Democrat Breitscheid and the Communist Thaelmann.
They imprisoned in concentration camps numerous political
and religious personages, for example Chancellor Schuschnigg
and Pastor Niemoeller.
In November, 1938 by orders of the Chief of the Gestapo,
anti-Jewish demonstrations all over Germany took place.
Jewish property was destroyed, 30,000 Jews were arrested and
sent to concentration camps and their property confiscated.
Under paragraph VIII (A), above, millions of the persons
there mentioned as having been murdered and ill-treated were
Jews.
Among other mass murders of Jews were the following:
At Kislovdosk all Jews were made to give up their property:
2,000 were shot in an anti-tank ditch at Mineraliye Vodi:
4,300 other Jews were shot in the same ditch.
[Page 56]
60,000 Jews were shot on an island on the Dvina near Riga.
20,000 Jews were shot at Lutsk.
32,000 Jews were shot at Sarny.
60,000 Jews were shot at Kiev and Dniepropetrovsk.
Thousands of Jews were gassed weekly by means of gaswagons
which broke down from overwork.
As the Germans retreated before the Soviet Army they
exterminated Jews rather than allow them to be liberated.
Many concentration camps and ghettos were set up on which
Jews were incarcerated and tortured, starved, subjected to
merciless atrocities and finally exterminated.
About 70,000 Jews were exterminated in Yugoslavia.
XI. Individual, group and organisation responsibility for
the offense stated in Count Four
Reference is hereby made to Appendix A of this Indictment
for a statement of the responsibility of the individual
defendants for the offense set forth in this Count Four of
the Indictment. Reference is hereby made to Appendix B of
this Indictment for a statement of the responsibility of the
groups and organizations named herein as criminal groups and
organizations for the offense set forth in this Count Four
of the Indictment.
Wherefore, this Indictment is lodged with the Tribunal in
English, French and Russian, each text having equal
authenticity, and the charges herein made against the above
named defendants are hereby presented to the Tribunal.
ROBERT H. JACKSON.
Berlin, 6th October 1945.
The
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Volume
I Chapter III
The First Indictment
(Part 6 of 6)
Acting on Behalf of the United States of America.
FRANCOIS DE MENTHON.
Acting on Behalf of the French Republic.
HARTLEY SHAWCROSS.
Acting on Behalf of the United Kingdom of Great Britain and
Northern
Ireland.
R. RUDENKO,
Acting on Behalf of the Union of Soviet Socialist Republics.