It is the prosecution's contention that the SS, as defined in Appendix B of the Indictment, was unlawful. Its participation in every phase of the conspiracy alleged in Count One is clear. As an organization founded on the principle that persons of "German blood" were a "master race," it exemplified a basic Nazi doctrine. It served as one of the means through which the conspirators acquired control of the German government. The operations of the SD, and of the SS Totenkopf Verbaende in concentration camps, were means used by the conspirators to secure their regime and terrorize their opponents as alleged in Count One. All components of the SS were involved from the very beginning in the Nazi program of Jewish extermination. Through the Allgemeine SS as a para-military organization, the SS Verfuegungstruppe and SS Totenkopf Verbaende as professional combat forces, and the Volksdeutsche Mittelstelle as a fifth column agency, it participated in preparations for aggressive war, and, through its militarized units, in the seizure of Austria, the invasion of Czechoslovakia, the attack on Poland, and the waging of aggressive war in the West and in the East, as set forth in Counts One and Two of the Indictment. In the course of such war, all components of the SS had a part in the war crimes and crimes against humanity, set forth in Counts Three and Four, the murder and ill treatment of civilian populations in occupied territory, the murder and ill treatment of prisoners of war, and the Germanization of occupied territories.

The evidence has shown that the SS was a single enterprise-a unified organization. Some of its functions were, of course, performed by one branch or department or office, some by another. No single branch or department participated in every phase of its activity. But every branch and department and office was necessary to the functioning of the whole. The situation is much same as in the case of the individual defendants at the bar. Nat all participated in every act of the conspiracy; but all performed a contributing part in the whole criminal scheme.

[Page 236]

The evidence has shown, not only that the SS was an organization of volunteers but that applicants had to meet the strictest standards of selection. It was not easy 'to become an SS member. That was true of all branches of the SS. During the course of the war, as the demands for manpower increased and the losses of the Waffen SS grew heavier and heavier, there were occasions when men drafted for compulsory military service were assigned to units of the Waffen SS rather than to the Wehrmacht. Those instances were relatively few. Evidence of recruiting standards of the Waffen SS in 1943 has shown that membership in that branch was as essentially voluntary and highly selective as in other branches. The fact that some individuals may have been arbitrarily assigned to some Waffen SS unit has no bearing on the issue before the tribunal, which is this, whether the SS was or was not an unlawful organization. Doubtless some of the members of the SS, or of other of the organizations alleged to be unlawful, might desire to show that their participation in the organization was small or innocuous, that compelling reasons drove them to apply for membership, that they were not fully conscious of its aims, or that they were mentally irresponsible when they became members. Such facts might or might not be relevant if they were on trial. But in any event this is not the forum to try out such matters.

The question before this Tribunal is simply this, whether the SS was or was not an unlawful organization. The evidence has fully shown what the aims and activities of the SS were. Some of these aims were stated in publications. The activities were so widespread and so notorious, covering so many fields of unlawful endeavor, that the illegality of the organization could not have been concealed. It was a notorious fact, and Himmler himself admitted that in 1936, when he said:

"I know that there are people in Germany now who become sick when they see these black coats. We know the reason and we don't expect to be loved by too many."

It was at all times the exclusive function and purpose of the SS to carry out the common objectives of the conspirators. Its activities in carrying out those functions involved the commission of the crimes defined in Article 6 of the Charter. By reason of its aims and the means used for the accomplishment thereof, the SS should be declared a criminal organization in accordance with Article 9 of the Charter.

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