Fifty-Third Day: Thursday, 7th February, 1946
[Page 157]
I turn then to a fragment of evidence of the part he played
in the waging of aggressive war against Poland. On Page 16
of the document book there is a report of a speech that he
made on the 27th August, 1939, which shows at least that he
was taking part in the official propaganda that was being
thrown at the world in those days, two days before the war
was declared. I quote from the second paragraph:
[Page 158]
After the conquest of Poland, it was Hess that signed the
decree incorporating Danzig into the Reich, the decree of
1st September, 1939, a decree incorporating Polish
territories into the Reich on 8th October, 1939; and on 12th
October, 1939, a decree concerning Polish territory, in
which it was stated that regulations were to be made for the
planning of German Lebensraum and economic expansion. Those
are all decrees in the Reichsgesetzblatt. I regret that the
last two that I mentioned are not actually included in the
Tribunals document book, but the effect of them is set out
in the trial brief. That, in view of the evidence that has
been given as to his Fifth Column organisation, is all that
I propose to offer in respect to Poland. It must be clear
that my submission will be that he was deeply involved both
in the planning and in the preparation for aggressive war.
I turn to an example of his participation in War Crimes and
Crimes against Humanity, and would refer only to two
documents; one appears as set out on Page 18 of the trial
brief, 3245-PS, which becomes Exhibit GB 267. It was an
order issued by Hess through the Party Chancellery demanding
support from the Party for recruiting members for the Waffen
S.S.; and one paragraph, which is set out in the trial brief
I quote:
There is one further document. That document will be found
on Page 121 of the Tribunal's document book. The other
document that I would refer to in this respect is Document
96-R, which becomes Exhibit GB 268, and again that will be
found on Page 175 of the document book. It is a letter
written by the Reich Minister of Justice to the Chief of the
Reich Chancellery on 17th April, 1941, and it is discussing
proposed penal laws for Jews and Poles in the occupied
Eastern territories. It shows quite clearly that Hess has
been involved in discussions on this subject because it
refers to certain proposals that he himself has made. My
Lord, I would venture to draw the attention of the Tribunal
to one or two passages. I quote from the beginning of that
letter on Page 175:
[Page 159]
The suggestions of the Deputy Fuehrer have been taken
into consideration to a far-reaching extent. Number 1:
Paragraph 3: contains a general crime formula on the
basis of which any Pole or Jew in the Eastern territory
can in future be prosecuted, and any kind of punishment
can be inflicted on him for any attitude or action
which is considered punishable and is directed against
Germans." [
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(Part 16 of 18)
[LT. COL. GRIFFITH-JONES continues]
"Rudolf Hess, constantly interrupted with strong
applause from the German citizens living abroad, as
well as fellow countrymen from the District of Styria,
stressed the unexampled forbearance shown by Germany
towards Poland, in the magnanimous offer of the Fuehrer
that had assured peace between Germany and Poland. An
offer that Mr. Chamberlain seems to have forgotten, for
he says he has heard nothing of Germany's having tried
to solve certain acute present-day questions by
peaceful discussion. What else was the German offer
then, if it was not such an attempt?"
Then he goes on to accuse Poland of agitating for war,
Poland's lack of responsibility and so on. In view of the
time, I shall quote no more of that. The Document 107-M, is
in evidence and it becomes Exhibit GB 266.
"The units of the Waffen S.S., consisting of National
Socialists, are more suitable than other armed units
for the specific tasks to be solved in the occupied
Eastern territories, due to their intensive National
Socialist training in regard to questions of race and
nationality."
But, in view of what was happening and what was going to
happen in the occupied Eastern territories because of the
Waffen S.S. (we have not, I know, forgotten the part they
played in the destruction of the Warsaw Ghetto). I suggest
that the inference that can be drawn from that letter is
damning.
"It has been my opinion from the outset that special
conditions prevailing in the annexed Eastern
territories require special measures of penal law and
penal procedure against Poles and Jews. "
And then I go on to the second paragraph, the first two
lines:
"The aim to create a special law for Poles and Jews in
the Eastern territories was pursued further according
to plan, by the ordinance dated 6th June, 1940. By this
ordinance German penal law, which had been used in the
Eastern territories already, from the outset, was
formally made applicable."
There I omit three lines.
"The procedure for enforcing a prosecution has been
abrogated, for it seems intolerable that Poles or Jews
should be able to force the German public prosecutor to
launch an accusation. Poles and Jews have also been
deprived of the right to prosecute in their own names
or join the public prosecutor in an action. In addition
to this special law in the sphere of procedure, some
special conditions have been included in Article 2 of
the introductory ordinance. These provisions were
established in agreement with the Reich Minister of the
Interior on the basis of needs which had made
themselves felt. From the beginning it was intended to
augment the special conditions in case of need. This
need, which had become apparent in the meantime, was
met by an executive and supplementary order which was
added to the original ordinance and which was referred
to in the letter from the Fuehrer's deputies. "
I turn to the next page, top of the page:
"Later I was informed of the express wish of the
Fuehrer. As a matter of principle, Poles, and I presume
the Jews, are to be treated differently from the
Germans within this sphere of penal law. After
preliminary discussions, et cetera, I drew up the
enclosed draft concerning criminal law and procedure
against Poles and Jews. "
I pass over to the next paragraph:
"The draft represents altogether special law, both in
the sphere of penal law and penal procedure.
Then I go on to the next paragraph:
"In accordance with the opinion of the Deputy of the
Fuehrer, I started from the supposition that the Pole
is less susceptible to the infliction of ordinary
imprisonment."
And a few lines further down:
"Under these new kinds of punishment prisoners are to
be lodged outside prisons in camps and are to be forced
to do heaviest and hardest labour."
I go to the next page, second paragraph:
"The introduction of corporal punishment, which the
Deputy of the Fuehrer has brought up for discussion,
has not been included in the draft. I cannot agree to
this type of punishment because its infliction does
not, in my opinion, correspond to the cultural level of
the German people."
My Lord, as I said, the purpose of that document is to show
that the Deputy of the Fuehrer was well aware of what was
going on in the Eastern occupied territories and indeed was
advocating even stronger measures than the Reich Minister of
Justice was prepared to accept.