NAZI CONSPIRACY AND AGGRESSION C:: ! Ofice of Unite& States. art- I C Chief of Counsel Fo:: Prosecution of Axis Criminality . Soid in complete sets by the Superintendent of Documents U. S. Government Printing Ofice Washington 25, D. C. A Collection of Documentary Evidence and Guide Materials Prepared by the American and British Prosecuting Staffs for Presentation before the International Military Tribunal at Nurn- berg, Germany, in the case of THE UNITED STATES OF AMERICA, THE FRENCH RE- PUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS -against, - HERMANN WILHELM GOERING, RUDOLF HESS, JOACHIM von RIBBENTROP, ROBERT LEY, WILHELM KEITEL, ERNST KALTENBRUNNER, ALFRED ROS- ENBERG, HANS FRANK, WILHELM FRICK, JULIUS STREICHER, WALTER FUNK, HJALMAR SCHACHT, GUSTAV KRUPP von BOHLEN und HALBACH, KARL DOENITZ, ERICH RAEDER, BALDUR von SCHIRACH, FRITZ SAUCKEL, ALFRED JODL, MARTIN BORMANN, FRANZ von PAPEN, ARTUR SEYSS-INQUART, AL- BERT SPEER, CONSTANTIN von NEURATH, and HANS FRITZSCHE, Individually and as Members of Any of the Following Groups or Organizations to which They Respec- tively Belonged, Namely: DIE REICHSREGIERUNG (REICH CABINET); DAS KORPS DER POLITISCHEN LEITER DER NATIONALSOZIALISTISCHEN DEUT- SCHEN ARBEITERPARTEI (LEADERSHIP CORPS OF THE NAZI PARTY); DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEIT- ERPARTEI (commonly known as the "SS") and including DIE SICHERHEITSDIENST (commonly known as the "SD"); DIE GEREIME STAATSPOLIZEI (SECRET STATE POLICE, commonly known as the "GESTAPO") ; DIE STURMABTEILUNGEN DER N.S.D.A.P. (commonly known as the "SA") and the GENERAL STAFF and HIGH COMMAND of the GERMAN ARMED FORCES all as de- fined in Appendix B of the Indictment, Defendants. CONTENTS Pages Document number 2374-P5 through document number 3311-PS arranged numerically 1-1108 ..............*....-..-..-------...-.--- (A descriptive list of documents appears at the end of the last volume.) TRANSLATION OF DOCUMENT 2374PS I, Dr. Rudolf Mildner, Colonel of the Police, make the following statement : Probably in July or August of 1944 the commanders and in- spectors of the Sipo and SD received an order by R.F. SS Himm- ler through the Chef of Sipo and SD Dr. Kaltenbrunner, with the contents that the 'members of all English-American com- mando groups should be turned over to the Sipo by the armed forces. The Sipo was to interrogate these men and then shoot them after the questioning. The shooting was to be made known to the armed forces in the communique saying that the commando force had been annihilated in battle. The decree indicated that it had been drawn up by the R. F. SS Himmler and the supreme commander of the ground forces Keitel. Whether the decree had the signature of the R.F. SS Himmler or of the Chef of Sipo and SD Dr. Kaltenbrunner I don't remember. The decree was classified "top secret" [Geheime Reichssache]. It was to be destroyed immediately after reading. The decree probably also reached the inspectors through the following channels: Chef der Sipo and SD Dr. Kaltenbrunner to the head of section IV of the RSHA Gruppenfuehrer Mueller and from the commander of the Sipo and SD to the inspector. Whether the decree was also directed to the heads of the Stapo and the Kripo, originally the SD, is unknown to nie today. The decree must have gone through the head of the Ordnungs- oolizei to the Orpo as well as to Hoehere SS and Polizeifuehrer. It made no difference whether the member of the commando unit was in civilian clothes or in uniform. After reading the statelllent of Criminal Commissioner Feller, I believe I can remember a decree by R. F. SS Himmler ordering all agents dropped by parachute in uniform or civiIian clothes, to be treated like members of commando units. /s/ Dr. Rudolf Mildner. Subscribed and sworn to before me at Freising, Germany this 27th day of June 1945. /s/ Albert G. Langeluttig Lt. Colonel, Infantry Investigating Officer. TRANSLATION OF DOCUMENT 2375-PS I, Dr. Rudolf Mildner, Colonel of the Police, being first duly sworn, declare : I was made the commander of the Sipo and SD in Denmark on 15 September 1943. A few days after I arrived. in Copenhagen an order from RF SS Himmler to the Reich plenipotentiary in Denmark, Dr. Best, arrived demanding the arrest of all Danish citizens of Jewish faith and their shipment to Stottin by ship and thence on to Theresienstadt. As commander I was subordinated to Reichplenipotentiary Dr. Best. Immediately, with the approval of Dr. Best, I sent a telegram to the RSHA Gruppenfuehrer Mueller, asking to have the Jewish persecutions stopped. 'As reasons for this I mentioned that the Jews in Denmark had not yet shown themselves unfriendly toward the Reich, that the whole Danish nation would reject measures taken against the Jews, that action would have an unfavorable effect in Scandinavia, England, and the U. S., that the trade rela- tionship between Germany and Sweden would be disturbed, as ell as that with Denmark. In Denmark one could then expect political strikes and the amount of sabotage would increase, etc. The position of the Reich plenipotentiary and the Sipo would be made much more difficult and cooperation of the Danish police, I had an agreement partly worked out, would not become effective, etc. The answer to my telegram was an order by RF SS Himmler through Chef der Sipo and SD Kaltenbrunner that the anti-Jewish actions were to be carried out. I flew to Berlin to talk personally with the Chef der Sipo and SD Kaltenbrunner personally. He was absent. I went to the head of Section IV, Gruppenfuehrer Mueller, who in my presence wrote a telegram to RF SS Himmler with my request (protest against the persecutions of Jews). Shortly after my return to Copenhagen a direct order by RF SS Himmler sent through Chef der Sipo and SD Dr. Kalten- brn~?nearrrilred saying, "The anti-Jewish actions are to be started immediately." For the carrying out of this action RF SS Himmler had sent the special command Eichmann, directly subordinated to the Chief of Section IV SS Gruppenfuehrer Mueller, from Berlin to Copenhagen. This command had chartered two ships for the deportation of the Jews. This action failed, however, and there was great bitterness in Berlin from the head of Section IV, Grup- penfuehrer Mueller towards Dr. Best and me. Eichmann and Sturmbannfuehrer Gunther, Eichmann's deputy, told me that Hitler and Himmler had raged when they received the report. One thought that Dr. Best and I were to blame for the miscarried action. Gruppenfuehrer Mueller gave me the mission' of making a report about the causes of the miscarried plan. I sent the report directly to the Chef der Sipo and SD Obergruppenfuehrer Dr. Kaltenbrunner. I swear under oath that the foregoing is correct and true. [Signed] R. Mildner Subscribed and sworn to before me at Nurnberg, Germany, on 16 November 1945. [Signed] Whitney R. Harris, Lieut., USNR. TRANSLATION OF DOCUMENT 2376-PS I, Dr. Rudolf Mildner, Colonel of the Police, being first duly sworn, declare : After the entry of the U.S.A. into the European war, Hitler put into execution the threat he once made in a speech in the West, "The Jews will be exterminated for that". Out of the whole Reich territory and the Protectorate Bohemia and Moravia, the Generalgovernment Poland, as well as from the countries of Norway, Denmark, Holland, Belgium, France, Italy, Croatia, Serbia, Greece, Hungary, Slovakia, and from the German occupied Russian territory, under what was called "Ar- beitseinsatz" [labor employment], the Jews were taken into con- centration camps and camps for the armament industry. The order for the deportation of the Jews in the Reidh and in the countries occupied by German troops to labor and concen- tration camps were issued by RF SS Himmler. The orders had his signature and were classified "top secret" [Geheime Reich- sache]. They passed through the Chef der Sicherheitspolizei and SD Dr. Kaltenbrunner, formerly Heydrich, to the Amtschef IV RSHA, Gruppenfuehrer Mueller who orally talked over the exe- cution of the matter with the head of action IV A 4, SS Ober- sturmbannfuehrer Eichmann, member of the SD and transferred from Department I11 to Department IV. The orders also \vent directly from RF SS Himmler to the local competent Hoeheren SS and Polizeifuehrer, with the Chef der Sipo and SD, Dr. Kalten- brunner, being informed. Orders of the RF SS Himmleu concerning the type of labor employment of the prisoners and the extermination of the Jews, so far as I could gather from conversations with a comrade of the Sipo, went directly trhrough Obergruppenfuehrer Pool, Gruppen- fuehrer Glucks, head of the Amtsgruppe D and the head of the concentration camps as "top secret" [Geheime Reichssache] , either written or orally. SS Obersturrnbannfuehrer Eichmann held the following positions: adviser to RF SS Himmler, the Chief of the Security Police and SD, SS Gruppenfuehrer, Dr. Kalten- brunner, and the Amtschef of Section IV on all Jewish questions ; deputy of RF SS Himmler in all deportations to camps and con- versations with other countries concerning the evacuation of the Jews; and liaison man with all Hoeheren SS and Polizeifuehrer in matters concerning the Jews. The orders for the carrying out of measures against the Jews Eichmann received (either orally from RF SS Himmler or in an order signed by Himmler) orally or on written orders from Chef der Sipo and SD, Dr. Kaltenbrunner, and from the Amtschef IV RSHA, Gruppenfuehrer Mueller, in Berlin. The channels for the issuing of orders on Jewish matters in the Sipo were known to me from cconversations with Gruppenf~lehrerM ueller and com- rades in the Sipo. I also got some information from the working plan and the business directions of the Sipo. I swear under oath that the foregoing is correct and true. [Signed] R. Mildner. Subscribed and sworn to before me at Nurnberg, Germany, on 16 November 1945. [Signed] Whitney R. Harris Lieut., USNR. PARTIAL TRANSLATION OF DOCUMENT 2378-PS DOCUMENTS OF GERMAN POLITICS [Dokumente der Deutschen Politik] edited by Regierungsrat Paul Meier-Benneckenstein President of the University for Political Sciences Published 1938 Junker & Dunnhaupt, Berlin [Page 207, line 9-17] excerpt Since 30 January 1934 there has been but one executive power in Gelmany, namely that of the Reich, regardless of the fact that the Reich has left the execution of the sovereign rights to the Provincial Administrations [Landesbehoerden] , as stipulated in the first provision for the execution of the law on the reconstruc- tion [Neuaufbaugesetz] from 2 February 1334; for thru it the provincial administrations were granted the authority for the execution of the sovereign rights merely in the name and as dep- uties of the Reich. Therefore, they do not possess an indepen- dent executive power but only one that is delegated by the Reich. The loss of the sovereign rights of the provinces [Laender] is in no way limited but complete. [Page 337, line 1-22] 58. Principles of the Reich -Justice -Leader [Reichsrechts- fuehrer]. Dr. Frank, concerning the position Judges in the National So- cialistic State and before the National Socialistic Law from 14 January 1936. 1. The judge is not placed as a sovereign representative of the State [Hoheitstraeger des Staates] above the citizen but is a member of the living community of the German people. It is not his duty to play a part in executing a law, impose on the com- munity of the people or to bring to life conceptions of generally recognized values but to safeguard the very definite order of the national community [die Konkrete voelkisc'he Gemeinschaftsord- nung], to eliminate dangerous elements, prosecute all acts which harm the community, and to straighten out any differences be- tween the members of the community. 2. The National Socialist ideology is the foundation of all basic laws [Rechtsquellen] especially as explained in the Party-Pro- gram and in the speeches of our Fuehrer. 3. The judge has no veto right [Pruefungsrecht] concerning decisions made by the Fuehrer and issued in the form of a law or a decree. The judge is also bound by any other decisions of the Fuehrer, insofar as thru them the will to establish Justice is une- quivocally expressed. 4. Legal decrees which were issued before the time of the National Socialist Revolution, argnot to be applied if their use would mean a slap in the face of today's healthy feeling on the . part of the people [dem heutigen gesunden Volksempfinden] For those cases in which the judge does the aforementioned refer to decree -basing his attitude on argumentation -a possibility to bring about the decision of the highest legal authority must be found. 5. In order to carry out his duties efficiently within the com- munity of the people, the judge has to be independent. He is not bound by instructions. Independence and dignity of the judge make it necessary to secure adequate protection against any at- tempt to influence him or against any unjustified attacks.