Part I, page 969, signed by Frick and Hess).

They were denied employment by press and radio (1933 _Reichsgesetzblatt_, Part I, page 661).

They were excluded from stock exchanges and stock brokerage (1934 _Reichsgesetzblatt_, Part I, page 661).

They were excluded from farming (1933 _Reichsgesetzblatt_, Part I, page 685).

In 1938 they were excluded from business in general and from the economic life of Germany (1938 _Reichsgesetzblatt_, Part I, page 1580, signed by Goering).

The Jews were also forced to pay discriminatory taxes and huge atonement fines. Their homes, bank accounts, real estate, and intangibles were expropriated.

A report of a conference under the chairmanship of Goering, and attended by Funk, among others, which was held at 11 o’clock on 12 November 1938 at the Reich Ministry for Air, quotes Goering as saying:

“One more question, gentlemen, what would you think the situation would be if I’d announced today that Jewry shall have to contribute this one billion as a punishment.”

* * * * * *

“I shall choose the wording this way that German Jewry shall, as punishment for their abominable crimes, etc., etc., have to make a contribution of one billion; that’ll work. The pigs won’t commit another murder. I’d like to say again that I would not like to be a Jew in Germany.” (_1816-PS_)

Following these whimsical remarks a decree was issued over the signature of Goering, fining German Jews the sum of one billion Reichsmarks (1938 _Reichsgesetzblatt_, Part I, page 1579, dated 12 November 1938, signed by Goering).

Similar decrees are contained in 1939 _Reichsgesetzblatt_, Part I, page 282, signed by Goering; and in 1941 _Reichsgesetzblatt_, Part I, page 722, signed by Frick and Bormann.

Finally, in 1943, the Jews were placed beyond the protection of any judicial process by a decree signed by Bormann and Frick, among others; the police were made the sole arbiters of punishment and death (1943 _Reichsgesetzblatt_, Part I, page 372, signed by Frick and Bormann).

3. ANTI-JEWISH BOYCOTTS, RAIDS, AND VIOLENCE

Simultaneously with the passage of these decrees and their execution, still another weapon was wielded by the Party and the party-controlled state. This was the openly sponsored and official anti-Jewish boycotts. The published diary of Joseph Goebbels, at page 290, contains this entry for 29 March 1933:

“The boycott appeal is approved by the entire cabinet.” (_2409-PS_)

Again, on 31 March 1933, he wrote:

“We are having a last discussion among a very small circle and decide that the boycott is to start tomorrow with all severity.” (_2409-PS_)

Streicher and Frank, together with Himmler, Ley, and others, were members of a central committee who conducted the 1933 boycott against the Jews. Their names are listed in National Socialist Party correspondence for 29 March 1933. (_2156-PS_)

In this early 1933 violence against the Jews, raids were conducted on synagogues by uniformed Nazis. Attending members of the synagogues were assaulted, and religious insignia and emblems were desecrated. A report of such an occurrence was contained in an official dispatch from the American Consul General in Leipzig, dated 5 April, 1943, which stated:

“In Dresden several weeks ago uniformed Nazis raided the Jewish prayer house, interrupted the evening religious service, arrested 25 worshippers, and tore the holy insignia or emblems from their headcovering worn while praying.” (_2709-PS_)

At a meeting in Nurnberg, before the representatives of the German press, Streicher and Mayor Liebel of Nurnberg revealed in advance to the gathered members of the press that the Nurnberg synagogue was to be destroyed. The minutes of this meeting, dated 4 August 1938, read as follows:

“The breaking up of the synagogue (information must still be secret)

“On August 10, 1938 at 10 o’clock a. m., the breakup of the synagogues will commence. Gauleiter Julius Streicher will personally set the crane into motion with which the Jewish symbols, Star of David, etc., will be torn down. This should be arranged in a big way. Closer details are still unknown.” (_1724-PS_)

Streicher himself supervised the demolition, according to a newspaper account of 11 August 1938, which described the scene:

“In Nurnberg the Synagogue is being demolished; Julius Streicher himself inaugurates the work by a speech lasting more than an hour and a half. By his order then—so to speak as a prelude of the demolition—the tremendous Star of David came off the cupola.” (_2711-PS_)

These accounts of violence were not localized anti-Semitic demonstrations, but were directed and ordered from a centralized headquarters in Berlin. This fact is established by a series of teletype messages sent by the Berlin Secret State Police Headquarters to police chiefs throughout Germany on 10 November 1938, which contained instructions pertaining to the prearranged demonstration (_3051-PS_). One of these confidential orders, signed by Heydrich, provides:

“Because of the attempt on the life of the Secretary of the Legation von Rath in Paris tonight, 9-10 November 1938, demonstrations against Jews are to be expected throughout the Reich. The following instructions are given on how to treat these events:

“1. The Chiefs of the State Police, or their deputies, must get in telephonic contact with the political leaders who have jurisdiction over their districts and have to arrange a joint meeting with the appropriate inspector or commander of the Order Police to discuss the organization of the demonstrations. At these discussions the political leaders have to be informed that the German police has received from the Reichsfuehrer SS and Chief of the German Police the following instructions, in accordance with which the political leaders should adjust their own measures.

“_a._ Only such measures should be taken which do not involve danger to German life or property. (For instance synagogues are to be burned down only when there is no danger of fire to the surroundings.)

“_b._ Business and private apartments of Jews may be destroyed but not looted. The police is instructed to supervise the execution of this order and to arrest looters.” (_3051-PS_)

4. THE PROGRAM FOR THE COMPLETE ELIMINATION OF JEWRY

At this point the gradual and mounting campaign against the Jews was prepared for the achievement of its ultimate violent ends. The German people had been indoctrinated, and the seeds of hatred had been sown. The German state was armed and prepared for conquest. The force of world opinion could now safely be ignored. Already the Nazi conspirators had forced out of Germany 200,000 of its former 500,000 Jews. The Nazi-controlled German state was therefore emboldened, and Hitler in anticipation of the aggressive wars already planned cast about for a provocation.

In his speech before the Reichstag on 30 January 1939, Hitler declared:

“If the international Jewish financiers within and without Europe succeed in plunging the nations once more into a world war, the result will not be the Bolshevication of the world and the victory of Jewry, but the obliteration of the Jewish race in Europe.” (_2663-PS_)

The chief editor of the official organ of the SS, the “_Schwarze Korps_,” expressed similar sentiments on 8 August 1940:

“Just as the Jewish question will be solved for Germany only when the last Jew has been deported, so the rest of Europe should also realize that the German peace which awaits it must be a peace without Jews.” (_2668-PS_)

Other officials of the Party and State voiced the same views. Rosenberg wrote for the publication “World Struggle,” which in the April and September 1941 issues declared:

“The Jewish question will be solved for Europe only when the last Jew has left the European continent.” (_2665-PS_)

Hans Frank entered this apologetic note in his diary:

“Of course, I could not eliminate all lice and Jews in only a year’s time. But in the course of time, and above all, if you will help me, this end will be attained.” (_2233-C-PS_)

A. _Registration._

The first step in accomplishing the purpose of the Nazi Party and the Nazi-dominated state, to eliminate the Jew, was to require a complete registration of all Jews. Inasmuch as the anti-Jewish policy was linked with the program of German aggression, such registration was required not only within the Reich, but successively within the conquered territories. For example, registration was required, by decree, within Germany (_Reichsgesetzblatt_ Part I, 1938, page 922, 23 July, signed by Frick); within Austria (_Reichsgesetzblatt_, Volume 1, 1940, page 694, 29 April); within Poland (_Kurjer Krakowski_, 24 October, 1939); in France (_Journal Official_ No. 9, page 92, 30 September, 1940); in Holland (_Verordnungsblatt_, No. 16, 10 January, 1941, signed by Seyss-Inquart).

B. _Segregation into Ghettos._

The second step was to segregate and concentrate the Jews within restricted areas, called ghettos. This policy was carefully worked out, as is illustrated by the confidential statement taken from the files of Rosenberg (_212-PS_). This memorandum of Rosenberg’s, entitled “Directions for Handling of the Jewish Question”, states:

“The first main goal of the German measures must be strict segregation of Jewry from the rest of the population. In the execution of this, first of all, is the seizing of the Jewish population by the introduction of a registration order and similar appropriate measures * * *.”

* * * * * *

“* * * All rights of freedom for Jews are to be withdrawn. They are to be placed in ghettos and at the same time are to be separated according to sexes. The presence of many more or less closed Jewish settlements in White Ruthenia and in the Ukraine makes this mission easier. Moreover, places are to be chosen which make possible the full use of the Jewish manpower in case labor needs are present. These ghettos can be placed under the supervision of a Jewish self-government with Jewish officials. The guarding of the boundaries between the ghettos and the outer world, is, however, the duty of the Police.

“Also, in the cases in which a ghetto could not yet be established, care is to be taken through strict prohibitions and similar suitable measures that a further intermingling of blood of the Jews and the rest of the populace does not continue.” (_212-PS_)

In May 1941 Rosenberg, as the Reich Minister for the Occupied Eastern Territories, issued directions confining the Jews to ghettos in the Ukraine:

“After the customary removal of Jews from all public offices, the Jewish question will have to have a decisive solution, through the institution of ghettos.” (_1028-PS_)

The policies set forth in the foregoing utterances of Rosenberg were not accidental, isolated, or the views of one individual. They were the expressed State policies. Von Schirach played his part in the program of ghettoization. His speech before the European Youth Congress held in Vienna on 14 September 1942 was reported on page 2, column 2 of the Vienna edition of the “_Voelkischer Beobachter_” of 15 September, as follows:

“Every Jew who exerts influence in Europe is a danger to European culture. If anyone reproaches me with having driven from this city, which was once the European metropolis of Jewry, tens of thousands upon tens of thousands of Jews into the ghetto of the East, I feel myself compelled to reply: I see in this an action contributing to European culture.” (_3048-PS_)

One of the largest ghettos was within the city of Warsaw. The official report made by SS Major General Stroop concerning this ghetto is entitled “The Warsaw Ghetto Is No More.” (_1061-PS_)

The report thus describes the ghetto:

“The Ghetto thus established in Warsaw was inhabited by about 400,000 Jews. It contained 27,000 apartments with an average of 2½ rooms each. It was separated from the rest of the city by partition and other walls, and by walling-up of the thoroughfares, windows, doors, open spaces, etc. * * *” (_1061-PS_)

Conditions within this ghetto are indicated in the statement of the report that an average of six persons lived in every room. (_1061-PS_)

Himmler received a report from the SS Brigade Fuehrer Group A, dated 15 October 1941, which further illustrates the establishment and operation of the ghettos. (_L-180_) The report states:

“Apart from organizing and carrying out measures of execution, the creation of ghettos was begun in the larger towns at once during the first day of operations. This was especially urgent in Knowno because there were 30,000 Jews in a total population of 152,400.”

* * * * * *

“In Riga the so-called ‘_Moskau Suburb_’ was designated as a ghetto. This is the worst dwelling district of Riga, already now mostly inhabited by Jews. The transfer of the Jews into the ghetto district proved rather difficult because the Latvians dwelling in that district had to be evacuated and residential space in Riga is very crowded. 24,000 of the 28,000 Jews living in Riga have been transferred into the ghetto so far. In creating the ghetto, the Security Police restricted themselves to mere policing duties, while the establishment and administration of the ghetto as well as the regulation of the food supply for the inmates of the ghetto were left to civil administration; the labor officers were left in charge of Jewish labor.

“In the other towns with a larger Jewish population ghettos shall be established likewise.” (_L-180_)

Jews were forced into ghettos in the Polish Province of Galicia. The conditions in these ghettos are described in the report from Katzmann, Lt. General of Police, to Krueger, General of the Police East, dated 20 June 1943, and entitled “Solution of Jewish Question in Galicia.” (_L-18_):

“Nothing but catastrophical conditions were found in the ghettos of Rawa-Ruska and Rohatyn * * *.”

* * * * * *

“* * * The Jews of Rawa-Ruska, fearing the evacuation, had concealed those suffering from spotted fever in underground holes. When evacuation was to start the police found that 3,000 Jews suffering from spotted fever lay about in this ghetto. In order to destroy this center of pestilence at once every police officer inoculated against spotted fever was called into action. Thus we succeeded to destroy this plague-boil, losing thereby only one officer. Almost the same conditions were found in Rohatyn * * *.”

* * * * * *

“Since we received more and more alarming reports on the Jews becoming armed in an ever-increasing manner, we started during the last fortnight in June 1943 an action throughout the whole of the district of Galicia with the intent to use strongest measures to destroy the Jewish gangsterdom. Special measures were found necessary during the action to dissolve the ghetto in Lwow where the dug-out mentioned above had been established. Here we had to act brutally from the beginning, in order to avoid losses on our side; we had to blow up, or to burn down several houses. On this occasion the surprising fact arose that we were able to catch about 20,000 Jews instead of 12,000 Jews who had registered. We had to pull at least 3,000 Jewish corpses out of every kind of hiding places; they had committed suicide by taking poison. * * *”

* * * * * *

“* * * Despite the extraordinary burden heaped upon every single SS-Police officer during these actions, mood and spirit of the men were extraordinarily good and praiseworthy from the first to the last day * * *.” (_L-18_)

These acts of removal and slaughter were not entirely without profit. The report continues:

“Together with the evacuation action, we executed the confiscation of Jewish property. Very high amounts were confiscated and paid over to the Special Staff ‘Reinhard’. Apart from furniture and many textile goods, the following amounts were confiscated and turned over to Special Staff ‘Reinhard’ * * *

“20.952 kilograms of gold wedding rings. 7 Stamp collections, complete. 1 Suit case with pocket knives. 1 basket of fountain pens and propelled pencils. 3 bags filled with rings—not genuine. 35 wagons of furs.” (_L-18_)

The thoroughness of the looting is illustrated by an item listing 11.73 kilograms of gold teeth and inlays. (_L-18_)

By the end of 1942, Jews in the General Government of Poland had been crowded into fifty-five localities, whereas before the German invasion there had been approximately 1,000 Jewish settlements within this same area. This fact is reported in the 1942 Official Gazette for the General Government, No. 94, page 665, 1 November 1942.

C. _Forced Labor._

The Jews, having been registered and confined within the ghettos, now furnished a reservoir for slave labor. The difference between slave labor and “labor duty” was this: the latter group were entitled to reasonable compensation, stated working hours, medical care and attention, and other social security measures, while the former were granted none of these advantages, being in fact, on a level below that of slaves.

Rosenberg set up within his organization for the Occupied Eastern Territories a department which, among other things, was to seek a solution for the Jewish problem by means of forced labor. His plans, contained in a memorandum entitled “General Organizations and Tasks of our Office for the General Handling of Problems in the Eastern Territory,” and dated 29 April 1941, read as follows:

“A general treatment is required for the Jewish problem for which a temporary solution will have to be determined (forced labor for the Jews, creation of Ghettos, etc.).” (_1024-PS_)

Thereafter Rosenberg issued instructions that Jewish forced labor should be utilized for every manual labor task:

“The standing rule for the Jewish labor employment is the complete and unyielding use of Jewish manpower regardless of age in the reconstruction of the occupied eastern territories.”

* * * * * *

“Violations against German measures, especially against the forced labor regulations, are to be punished by death to the Jews.” (_212-PS_)

From the ghettos Jewish labor was selected and sent to a concentration area. Here the usable Jews were screened from those considered worthless. For example, a contingent of 45,000 Jews could be expected to yield 10,000 to 15,000 usable laborers. This estimate is based on an RSHA telegram to Himmler, marked “Urgent” and “Secret”, and dated 16 December 1942.

“In the total of 45,000 are included physically handicapped and others (old Jews and children). In making a distribution for this purpose, at least 10,000 to 15,000 laborers will be available when the Jews arriving at Auschwitz are assigned.” (_1472-PS_)

The report from Lieutenant General of Police, Katzmann, to General of the Police East, Krueger, clearly outlines the nature of the Jewish forced labor:

“The best remedy consisted of the formation, by the SS and Police Leader, of forced labor camps. The best opportunity for labor was offered by the necessity to complete the ‘Dg.4’ road which was extremely important and necessary for the whole of the southern part of the front, and which was in a catastrophically bad condition. On October 15th 1941, the establishment of camps along the road was commenced, and despite considerable difficulties there existed, after a few weeks only, seven camps containing 4,000 Jews.”

* * * * * *

“Soon more camps followed these first ones, so that after a very short time the completion of fifteen camps of this kind could be reported to the Superior Leader of SS and Police. In the course of time about 20,000 Jewish laborers passed through these camps. Despite the hardly imaginable difficulties occurring at this work I can report today that about 160 kilometers of the road are completed.”

* * * * * *

“At the same time all other Jews fit for work were registered and distributed for useful work by the labor agencies.

* * * When the Jews were marked by the Star of David, as well as when they were registered by the labor agencies, the first symptoms appeared in their attempts to dodge the order of the authorities. The measures which were introduced thereupon led to thousands of arrests. It became more and more apparent that the civil administration was not in a position to solve the Jewish problem in an approximately satisfactory manner. Then, for instance, the municipal administration at Lwow had no success in their attempts to house the Jews within a closed district which would be inhabited only by Jews. This question, too, was solved quickly by the SS and Police Leaders through subordinate officials. This measure became the more urgent as in the winter, 1941, big centers of spotted fever were noted in many parts of the town.”

* * * * * *

“During this removal of the Jews into a certain quarter of the town several sluices were erected at which all the work-shy and asocial Jewish rabble were caught during the screening and treated in a special way. Owing to the peculiar fact that almost 90% of artisans working in Galicia were Jews, the task to be solved could be fulfilled only step by step, since an immediate evacuation would not have served the interest of War Economy.”

* * * * * *

“* * * Cases were discovered where Jews, in order to acquire any certificate of labor, not only renounced all wages, but even paid money themselves. Moreover, the organizing of Jews for the benefit of their employers grew to such catastrophical extent that it was deemed necessary to interfere in the most energetic manner for the benefit of the German name. Since the administration was not in a position and showed itself too weak to master this chaos, the SS and Police Leader simply took over the entire disposition of labor for Jews. The Jewish labor agencies, which were manned by hundreds of Jews, were dissolved. All certificates of labor given by firms or administrative offices were declared invalid, and the cards given to the Jews by the labor agencies were revalidated by the police offices by stamping them. In the course of this action, again, thousands of Jews were caught who were in possession of forged certificates or who had obtained, surreptitiously, certificates of labor by all kinds of pretexts. These Jews also were exposed to special treatment.” (_L-18_)

D. _Extermination._

(At this point a strip of motion picture footage taken, presumably, by a member of the SS, and captured by the United States military forces in an SS barracks near Augsburg, Germany, was shown to the tribunal. The film depicts what is believed to be the extermination of a ghetto by Gestapo agents, assisted by military units.

The following scenes are representative: