The Nizkor Project: Remembering the Holocaust (Shoah)
Nuremberg, war crimes, crimes against humanity

The Trial of German Major War Criminals

Sitting at Nuremberg, Germany
27th May to 6th June, 1946

One Hundred and Forty-Fifth Day: Monday, 3rd June, 1946
(Part 1 of 9)

[Page 255]

THE PRESIDENT: Dr. Servatius.

DR. SERVATIUS: Mr. President, the witness Jager is to appear in about half an hour. I shall read some other documents from my document book, if it please the Tribunal.

In the last session I had read all documents from the first document book with the exception of Document 16, which I left out by mistake. It is a leaflet for Eastern workers. I need not read it, but I shall only refer to it. I have submitted as Exhibit No. I the "Manual for Labour Employment" and in this exhibit we find the following documents which I have in part read and shall in part read now: Documents 12, 13, 15, 22, 28, 58A, 67A, 82, 83, 85, 86 and 88.

Then I have submitted Exhibit 2, "Special Publications of the Reich Labour Journal," namely, "Conditions for the Employment of Eastern Workers as well as of Soviet Russian Prisoners of War," which contain the following documents: 6, 32, 36, 39, 47 and 52.

Then as Exhibit 3 I have submitted the "Manifesto for Employment of Labour," Document 84.

Then, as Exhibit 4, "Labour Laws, Collection of Texts of German Labour Laws," which contains Documents 16, 31 and 49.

As Exhibit 5 I submitted a book "Fritz Sauckel's Battle Speeches"; that is Document 95.

As Exhibit 6 "National Socialist Governmental Activity in Thuringia" has been submitted; it is contained in Document 96.

Exhibit 7, "National Socialist Governmental Activity in Thuringia in the Years 1933-1934," is contained in Document 97.

I have once more submitted as Exhibit 8 the article entitled "Europe works in Germany," which has already been submitted as Exhibit RF-5.

Then I shall submit an affidavit by the son of Fritz Sauckel, Dieter Sauckel, which is very short. It refers to the evacuation of the camp Buchenwald, which Sauckel is said to have ordered. I shall read the eight lines of the affidavit:

"Between 4th and 7th April, 1945, approximately, I was present when my father, Gauleiter Fritz Sauckel, had a conference in his study. At this occasion the question of the Buchenwald camp was discussed and the following was decided: A certain number of guards should remain in the camp until the arrival of the enemy, in order to hand over to the latter the camp prisoners." - this is Document Book 94, Page 247 -

"I swear to the truth of the preceding statement for the purpose of having it submitted to the International Military Tribunal in Nuremberg.

I am ready to swear upon oath to the truth of my statement. Schonau, 22nd March, 1946. Dieter Sauckel."

I submit this as Exhibit 9.

In Exhibit USA 206, which has been submitted already, the following documents of Volume 2 are contained which I shall read later: Nos. 7, 10, 14, 18, 19, 27 and 41.

[Page 256]

The documents which have not been read as yet are in the official collections of laws. I have had the individual laws laid aside in the library. I do not know whether it is necessary to submit them individually, or whether it is sufficient for me to state here in what volume of the Reichsgesetzblatt they can be found.

THE PRESIDENT: Are they in your document book?

DR. SERVATIUS: Yes. They are short excerpts from the official law gazettes; in each case the decisive passages have been extracted.

THE PRESIDENT: Dr. Servatius, I think it would be convenient if you gave their exhibit numbers, if they are in your book, but I do not quite understand how you are arranging these. You told us that No. 1 contained a great many other numbers. Now is number one the exhibit number?

DR. SERVATIUS: No. 1 is the exhibit number and this exhibit contains these documents with the numbers they have in the document book.

THE PRESIDENT: In the books?


THE PRESIDENT: Well, I understand. So that you are only submitting - up to the present you have only got so far as nine exhibits.


THE PRESIDENT: And then you are going to give these various laws which you have in your books additional exhibit numbers. They will be 10 to . . .

DR. SERVATIUS: I did not know whether it was necessary to submit these copies of the Reichlieu as exhibits. As far as I know they have already been submitted because they are an official collection of laws from the Reichsgesetzblatt of 1942 and 1940. Of course, I can take out these individual issues and submit them here.

THE PRESIDENT: Would it not be best if you submitted them as, say, Exhibit 10, and then told us the numbers in your books which are contained in No. 10?

DR. SERVATIUS: Then it would be necessary to submit the original text of the collection of laws. I wanted to avoid that.

THE PRESIDENT: We can take judicial notice of them.

DR. SERVATIUS: I ask the Tribunal to take judicial notice of them. I shall point out in what volumes these documents can be found.

In Reichsgesetzblatt, 1942, Documents 8, 11 and 17 are contained.

Reichsgesetzblatt, 1940, contains Document 45.

Reichsgesetzblatt, 1943, contains Document 21 ....

THE PRESIDENT: Wait a minute. Which was the first Reichsgesetzblatt, the one which contained 8, 11 and 17?



DR. SERVATIUS: The second was Reichsgesetzblatt, 1940, with Document 45.

The third was Reichsgesetzblatt, 1943, with Document 27.

The fourth is Reichsarbeitsblatt (Reich Labour Gazette), Document 33 ....

THE PRESIDENT: What year, though?

DR. SERVATIUS: 1940, Reichsarbeitsblatt, Document 33. The fifth is Reichsarbeitsblatt, 1942, which contains Documents 9, 35, 40, 46, 50, 57, 64A.

The sixth, Reichsarbeitsblatt, 1943, contains Documents 20, 23, 37, 42, 43, 44, 48, 54, 55, 60, 60A, 67, 62, 64 and 68.

And the last, Reichsarbeitsblatt, 1944, has Documents 26, 30, 38, 58, 59, 65, 67 and 89.

I shall now briefly go through the document books. I begin with Document Book 2, Document 32, "Orders and Decrees concerning the Employment

[Page 257]

of Prisoners of War." That is the agreement of 27th July, 1939. It is an excerpt on the labour of prisoners of war, and in Article 31 prohibited labour is listed.

In the next document, 33, there is a decree of the Reich Minister of Labour, "Use of Prisoners of War in Places of Work." There those types of work for which these prisoners of war are being used are listed in detail. Among the types of work the manufacture of arms is not included; included are work in factories, agriculture and forestry; work on roads, canals and dams of importance for the war; work in brick-yards; and so forth, as can be read in detail.

In Document 35 we can see how the employment of prisoners of war took place, that is, the co-operation between the prisoner of war camp and the contractors, and that a contract regulated in detail the conditions under which the employment of prisoners of war took place. It can be seen from this that Sauckel's labour recruitment had nothing to do with that.

In Document 36 we find a circular decree concerning the treatment of prisoners of war, a memorandum concerning the treatment of prisoners of war, which was drawn up jointly by the OKW and the Ministry for Public Enlightenment and Propaganda:

"Treatment of prisoners of war: Prisoners of war must be treated in such a way that their full-production capacity may benefit industry and economy; to insure that sufficient nourishment is necessary."
This I wanted to underline.

Document 37 deals with the question of an improved status, namely, the transfer to civilian worker status of prisoners of war for work of importance to the war in Germany. It shows that they get compensations, that is to say a financial compensation, to maintain a separate household. It shows that these workers were treated like civilian workers.

The next document, No. 38, is along the same lines and deals with visits of their relatives to French, Belgian and Dutch prisoners of war and to Italian military internees in the Reich. It says there:

"Visits to French, Belgian and Dutch prisoners of war are permitted only to wives, parents, children and brothers and sisters who work in Germany or have their homes in Alsace or Lorraine, and then only on Sundays and holidays."
This shows that actually the prisoner of war status had ceased.

Document 39 is a memorandum about general conditions which are valid for the employment of prisoners of war in labour. It deals with the working hours:

"The daily working hours, including the time of marching to and from work, should not be excessive."
And in another passage it says:
"The prisoners of war have a right to a continuous rest period of twenty-four hours, to be granted, when possible, on Sundays."
Under paragraph 7 it is stated that neither the employer nor his relatives nor his employees are entitled to inflict punishments on prisoners of war.

Then there follows an excerpt about housing and other accommodations in camps. It is Document 40 which decrees, on the basis of Sauckel's Order No. 9, the inspection of housing, food, heating and upkeep of the camps by camp artisans. It is dated 14th July, 1942. It says:

"By August 10th, 1942, an inspection of all industrial establishments which employ foreign labour must be carried out by all labour offices in their respective districts to find out whether they have duly carried out regulations and decrees governing housing, feeding and treatment of all foreign male and female workers and prisoners of war. It is my desire that the offices of the NSDAP and the DAF participate in this check-up to an appropriate extent. Where shortcomings are discovered, the manager of the establishment is to be given a period of time within which those shortcomings are to be remedied."

[Page 258]

Further on, under 2A, it is stated that provision should be made for feeding in winter. And finally:
"All establishments are to make provisions that camps and billets can be heated when cold weather sets in and that the necessary fuel is ordered in time."
The decree states at the end that workmen are to be employed in the camps who are to take care of the upkeep of the camps and be paid by the industrial establishments.

Then there is Document 18, a memorandum for plant supervisors and Eastern workers, which contains camp rules. The introduction says:

"In response to a wish of the General Plenipotentiary for Labour Employment, Gauleiter Sauckel, I recommend that the officials convince themselves from time to time that the regulations, issued with respect to the employment of Eastern workers are being adhered to within the establishments."
That shows that control was emphasized here once again. The camp rules then go on to say:
"Eastern workers, you are finding in Germany wages and bread, and you are safeguarding by your work the maintenance of your family ...."
MR. BIDDLE: Could you not summarize these documents more shortly?

DR. SERVATIUS: Document 41 shows that caring for the Eastern workers was especially the task of the German Labour Front, which is explained here in detail.

Document 42 deals with the same subject. It stresses above all industrial inspection and says that for the care of foreign workers all necessary measure: have to be taken immediately and all shortcomings remedied at once; the inspection officials and the offices have to regulate that together with the Labour Front It is administered by Reich Labour Minister Seldte, not by Sauckel, which make: it evident that Sauckel had not become the Labour Minister.

In Document 43 there are explanations of the camp regulations, to which I shall refer in detail later. But in Document 43 I should like to stress again the position of the Industrial Inspection Office. Here the question of responsibility for hygienic conditions and the extermination of vermin is regulated, and it says at the end:

"The supervisory authority in accordance with the new regulation is the Industrial Inspection Office."
This is important for the medical supervision which in the final analysis is taken care of by the State Industrial Inspection Office, just as the witness has explained in regard to the question of responsibility.

Document 44 contains details of sleeping quarters, their size, number of beds; and the dispensation of medical care; signed again by the Reich Labour Minister Franz Seldte, and not by Sauckel.

The next group of documents deals with food. Document 45 is the meat inspection law which treats the question of how far meat of inferior quality is fit for consumption. That law too has a certain importance with regard to the witness.

THE PRESIDENT: Dr. Servatius, as to the inspection of meat, we do not require any further information about it.

DR. SERVATIUS: No. 46 shows merely that the foreign workers received them food ration cards when away from the camp.

Document 47 is a decree by the Reich Minister for Food and Agriculture and shows that he was responsible for determining the food quotas. The document also gives the rations. I mention only a few: for the ordinary worker, 2,600 grams of bread per week. That increases, and it can be read, if there are question; of importance ....

THE PRESIDENT: Page 128 shows that prisoners of war are employed in the armament industry, does it not? Page 128.

[Page 259]

DR. SERVATIUS: It says there: "Food rations of Soviet prisoners of war working in the armament industry, that is; in industrial economy, if they are in camps . ." and then there is a list of rations. I cannot see how far that shows ...

THE PRESIDENT: 128 in English, Page 128, lines 4 to 12, treatment of the sick: "All prisoners of war and Eastern workers, male and female, who are employed in the armament industry ...."

DR. SERVATIUS: It says there: "All prisoners of war or Eastern workers who are employed in the armament industry." Armament industry does not only mean manufacture of weapons.

Document 48 only refers to a law - I see the translation department has left out a short paragraph but I can do without that. The heading indicates the subject. It refers to the taking along of food for the trip to the home country. It thus concerns supplies on the trip home.

Document 49 shows an arrangement by which additional food and care can be given, and special diets in the hospitals; that was also taken care of.

In the next group questions of wages are dealt with. The first decree is Document 50.

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