Part I, p. 2125.

Nevertheless, in his capacity as Commissioner of the Four-Year Plan, or as Chairman of the Ministerial Council for National Defense, Goering himself signed several anti-Jewish decrees for occupied territories, including the following:

1939 Reichsgesetzblatt I, p. 1703, Verordnung ueber die Ammeldung der Vermoegens von Juden in den sudetendeutschen Gebieten, 2 December 1938 (Order concerning the registration of the property of Jews in the Sudeten German territories), which was the preliminary for sequestration of such property,

1939 Reichsgesetzblatt I, p. 702, Verordnung ueber die Einfuehrung der Luftschutzgesetzes in den sudetendeutschen Gebieten, 31 March 1939 (Order concerning the introduction of the Air Defense Law in the Sudeten German territories), discriminating against Jews,

1940 Reichsgesetzblatt, I, p. 1270, Verordnung ueber die Behandlung von Vermoegen der Angehoerigen des ehemaligen polnischen Staates, 17 September 1940 (Order concerning treatment of property of nationals of the former Polish State), by which the property of Polish Jews was confiscated,

1940 Reichsgesetzblatt I, p. 1547, Kriegsachschaeden Verordnung (War Damages Law), 30 November 1940, also discriminating against Jews, and

1941 Reichsgesetzblatt I, p. 759, Decree regarding Administration of Criminal Law against Poles and Jews in the Incorporated Eastern Territories, 4 December 1941, which introduced especially stringent penal laws for Jews.

During the later years of the war, the program of the Nazi conspirators for the complete physical annihilation of all Jews in Europe achieved its full fury. While the execution of this program was for the most part handled by the SS and the Security Police, Goering remains implicated in the final phases of the Nazi “Solution” of the Jewish problem. On 31 July 1941, he wrote the following letter to the conspirator Heydrich:

“Complementing the task that was assigned to you on 24 January 1939, which dealt with arriving at—through furtherance of emigration and evacuation, a solution of the Jewish problem, as advantageous as possible, I hereby charge you with making all necessary preparations in regard to organizational and financial matters for bringing about a complete solution of the Jewish question in the German sphere of influence in Europe.

“Wherever other governmental agencies are involved, these are to cooperate with you.

“I charge you furthermore to send me, before long, an overall plan concerning the organizational, factual and material measures necessary for the accomplishment of the desired solution of the Jewish question.” (_710-PS_)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO HERMANN WILHELM GOERING

│ │ │ Document │ Description │ Vol. │ Page │ │ │ │Charter of the International Military │ │ │ Tribunal, Article 6. │ I │ 6 │International Military Tribunal, │ │ │ Indictment Number 1, Section IV (H);│ │ │ Appendix A. │ I │ 29, 57 │ ———— │ │ │Note: A single asterisk (*) before a │ │ │document indicates that the document │ │ │was received in evidence at the │ │ │Nurnberg trial. A double asterisk (**)│ │ │before a document number indicates │ │ │that the document was referred to │ │ │during the trial but was not formally │ │ │received in evidence, for the reason │ │ │given in parentheses following the │ │ │description of the document. The USA │ │ │series number, given in parentheses │ │ │following the description of the │ │ │document, is the official exhibit │ │ │number assigned by the court. │ │ │ ———— │ │ 069-PS │Letter from Bormann to Rosenberg, 17 │ │ │January 1939, enclosing order of 28 │ │ │December 1938, concerning decisions on│ │ │Jewish question. (USA 589) │ III │ 116 │ │ │ *141-PS │Goering Order, 5 November 1940, │ │ │concerning seizure of Jewish art │ │ │treasures. (USA 368) │ III │ 188 │ │ │ *343-PS │Letter from Milch, Chief of the │ │ │Personal Staff, to Himmler, 31 August │ │ │1942, and letter from Milch to Wolff, │ │ │20 May 1942. (USA 463) │ III │ 266 │ │ │ *375-PS │Case Green with wider implications, │ │ │report of Intelligence Division, │ │ │Luftwaffe General Staff, 25 August │ │ │1938. (USA 84) │ III │ 280 │ │ │ *376-PS │Top secret memorandum signed by Major │ │ │Falkenstein, 29 October 1940, │ │ │concerning current military questions,│ │ │including question of occupation of │ │ │Atlantic Islands referring to the │ │ │United States. (USA 161) │ III │ 288 │ │ │ *386-PS │Notes on a conference with Hitler in │ │ │the Reich Chancellery, Berlin, 5 │ │ │November 1937, signed by Hitler’s │ │ │adjutant, Hossbach, and dated 10 │ │ │November 1937. (USA 25) │ III │ 295 │ │ │ *440-PS │Directive No. 8 signed by Keitel, 20 │ │ │November 1939, for the conduct of the │ │ │war. (GB 107) │ III │ 397 │ │ │ *447-PS │Top Secret Operational Order to Order │ │ │No. 21, signed by Keitel, 13 March │ │ │1941, concerning Directives for │ │ │special areas. (USA 135) │ III │ 409 │ │ │ *638-PS │Extract from minutes of Dr. Joel, 6 │ │ │October 1942, concerning Special │ │ │Purpose Group for Commando activities.│ │ │(USA 788) │ III │ 452 │ │ │ 686-PS │Decree of the Fuehrer and Reich │ │ │Chancellor to strengthen German │ │ │Folkdom, 7 October 1939, signed by │ │ │Hitler, Goering, Lammers and Keitel. │ │ │(USA 305) │ III │ 496 │ │ │ *710-PS │Letter from Goering to Heydrich, 31 │ │ │July 1941, concerning solution of │ │ │Jewish question. (USA 509) │ III │ 525 │ │ │ *789-PS │Speech of the Fuehrer at a conference,│ │ │23 November 1939, to which all Supreme│ │ │Commanders were ordered. (USA 23) │ III │ 572 │ │ │ *798-PS │Hitler’s speech to │ │ │Commanders-in-Chief, at Obersalzberg, │ │ │22 August 1939. (USA 29) │ III │ 581 │ │ │ *1014-PS │Hitler’s speech to │ │ │Commanders-in-Chief, 22 August 1939. │ │ │(USA 30) │ III │ 665 │ │ │ *1015-I-PS │Letter from Goering to Rosenberg, 30 │ │ │May 1942. (USA 385) │ III │ 670 │ │ │ *1117-PS │Goering Order, 1 May 1941, concerning │ │ │establishment of Einsatzstab Rosenberg│ │ │in all Occupied Territories. (USA 384)│ III │ 793 │ │ │ *1157-PS │Report on conference, 29 April 1941, │ │ │concerning top secret plan for │ │ │Economic exploitation of Soviet Areas │ │ │(Oldenburg Plan). (USA 141) │ III │ 811 │ │ │ *1183-PS │Letter of Commissioner for Four-Year │ │ │Plan, 29 January 1942, concerning │ │ │increased mobilization of manpower │ │ │from Occupied Territories and │ │ │preparation for mobilization by force.│ │ │(USA 585) │ III │ 830 │ │ │ 1188-PS │Decree of Fuehrer concerning economy │ │ │in newly Occupied Eastern Territories,│ │ │20 May 1941, and attached comment. │ III │ 832 │ │ │ 1193-PS │Letter, 14 November 1941, transmitting│ │ │report of conference of 7 November │ │ │1941 about employment of Soviet │ │ │Russians. (USA 785) │ III │ 834 │ │ │ *1206-PS │Notes of Goering’s remarks at the Air │ │ │Ministry, 7 November 1941, concerning │ │ │employment of laborers in war │ │ │industries. (USA 215) │ III │ 841 │ │ │ *1208-PS │Goering Order, 10 December 1938, │ │ │concerning Jewish question. (USA 590) │ III │ 845 │ │ │ *1301-PS │File relating to financing of armament│ │ │including minutes of conference with │ │ │Goering at the Air Ministry, 14 │ │ │October 1938, concerning acceleration │ │ │of rearmament. (USA 123) │ III │ 868 │ │ │ *1317-PS │Top secret notes taken by Hamann of a │ │ │discussion of the economic │ │ │exploitation of Russia, presided over │ │ │by General Thomas, 28 February 1941. │ │ │(USA 140) │ III │ 911 │ │ │ *1375-PS │Letter from Frank to Goering, 25 │ │ │January 1940. (USA 172) │ III │ 925 │ │ │ 1406-PS │Decree for reporting of Jewish-owned │ │ │property, 26 April 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 414. │ III │ 1001 │ │ │ 1412-PS │Decree relating to payment of fine by │ │ │Jews of German nationality, 12 │ │ │November 1938. 1938 Reichsgesetzblatt,│ │ │Part I, p. 1579. │ IV │ 6 │ │ │ *1584-I-PS │Teletype from Goering to Himmler, 14 │ │ │February 1944, concerning formation of│ │ │7th Airforce Group economy in newly │ │ │Occupied Eastern Territories, 20 May │ │ │1941, and attached comment. │ III │ 832 │ │ │ 1584-III-PS │Correspondence between Himmler and │ │ │Goering, 9 March 1944, concerning use │ │ │of concentration camp inmates in │ │ │aircraft industry. (USA 457) │ IV │ 118 │ │ │ **1654-PS │Law of 16 March 1935 reintroducing │ │ │universal military conscription. 1935 │ │ │Reichsgesetzblatt, Part I, p. 369. │ │ │(Referred to but not offered in │ │ │evidence.) │ IV │ 163 │ │ │ 1665-PS │Order concerning treatment of property│ │ │of Nationals of the former Polish │ │ │State, 17 September 1940. 1940 │ │ │Reichsgesetzblatt, Part I, p. 1270. │ IV │ 173 │ │ │ *1666-PS │Decree appointing Sauckel General │ │ │Plenipotentiary for Manpower, 21 March│ │ │1942 and decree of Goering conferring │ │ │certain powers on Sauckel, 27 March │ │ │1942. 1942 Reichsgesetzblatt, Part I, │ │ │pp. 179-180. (USA 208) │ IV │ 182 │ │ │ *1709-PS │Report of Special Delegate for art │ │ │seizures, July 1943. (USA 378) │ IV │ 211 │ │ │ *1742-PS │Directives to Army Commands from │ │ │Goering, 26 October 1942, concerning │ │ │combatting of partisan activities. │ │ │(USA 789) │ IV │ 262 │ │ │ *1743-PS │Guiding principles for the economic │ │ │operations in the newly occupied │ │ │Eastern territories, June 1941. (USA │ │ │587) │ IV │ 263 │ │ │ *1746-PS │Conference between German and │ │ │Bulgarian Generals, 8 February 1941; │ │ │speech by Hitler to German High │ │ │Command on situation in Yugoslavia, 27│ │ │March 1941; plan for invasion of │ │ │Yugoslavia, 28 March 1941. (GB 120) │ IV │ 272 │ │ │ 1780-PS │Excerpts from diary kept by General │ │ │Jodl, January 1937 to August 1939. │ │ │(USA 72) │ IV │ 360 │ │ │ *1809-PS │Entries from Jodl’s diary, February │ │ │1940 to May 1940. (GB 88) │ IV │ 377 │ │ │ *1816-PS │Stenographic report of the meeting on │ │ │The Jewish Question, under the │ │ │Chairmanship of Fieldmarshal Goering, │ │ │12 November 1938. (USA 261) │ IV │ 425 │ │ │ 1862-PS │Ordinance for execution of Four Year │ │ │Plan, 18 October 1936. 1936 │ │ │Reichsgesetzblatt, Part I, p. 887. │ IV │ 499 │ │ │ *2018-PS │Fuehrer’s decree establishing a │ │ │Ministerial Council for Reich Defense,│ │ │30 August 1939. 1939 │ │ │Reichsgesetzblatt, Part I, p. 1539. │ │ │(GB 250) │ IV │ 650 │ │ │ *2031-PS │Decree establishing a Secret Cabinet │ │ │Council, 4 February 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 112. (GB│ │ │217) │ IV │ 654 │ │ │ 2089-PS │Decree relating to Reich Air Ministry,│ │ │5 May 1933. 1933 Reichsgesetzblatt, │ │ │Part I, p. 241. │ IV │ 719 │ │ │ 2104-PS │Law on organization of Secret State │ │ │Police office, 26 April 1933. 1933 │ │ │Preussische Gesetzsammlung, p. 122. │ IV │ 730 │ │ │ 2105-PS │Law on Secret State Police of 30 │ │ │November 1933. 1933 Preussische │ │ │Gesetzsammlung, p. 413. │ IV │ 731 │ │ │ 2107-PS │Law on Secret State Police of 10 │ │ │February 1936. 1936 Preussische │ │ │Gesetzsammlung, pp. 21-22. │ IV │ 732 │ │ │ 2108-PS │Decree for execution of Law on Secret │ │ │State Police of 10 February 1936. 1936│ │ │Preussische Gesetzsammlung, pp. 22-24.│ IV │ 732 │ │ │ 2168-PS │Book by SA Sturmfuehrer Dr. Ernst │ │ │Bayer, entitled “The SA”, depicting │ │ │the history, work, aim and │ │ │organization of the SA. (USA 411) │ IV │ 772 │ │ │ *2194-PS │Top secret letter from Ministry for │ │ │Economy and Labor, Saxony, to Reich │ │ │Protector in Bohemia and Moravia, │ │ │enclosing copy of 1938 Secret Defense │ │ │Law of 4 September 1938. (USA 36) │ IV │ 843 │ │ │ *2233-A-PS │Frank Diary, │ │ │Abteilungsleitersitzungen, 1939-1940. │ │ │Minutes of conferences, December and │ │ │May 1940. (USA 173) │ IV │ 883 │ │ │ *2261-PS │Directive from Blomberg to Supreme │ │ │Commanders of Army, Navy and Air │ │ │Forces, 24 June 1935; accompanied by │ │ │copy of Reich Defense Law of 21 May │ │ │1935 and copy of Decision of Reich │ │ │Cabinet of 12 May 1935 on the Council │ │ │for defense of the Reich. (USA 24) │ IV │ 934 │ │ │ *2292-PS │Interview of Goering by representative│ │ │of London Daily Mail, concerning the │ │ │German Air Force, from German report │ │ │in The Archive, March 1935, p. 1830. │ │ │(USA 52) │ IV │ 995 │ │ │ *2324-PS │Extracts from Reconstruction of a │ │ │Nation, by Hermann Goering, 1934. (USA│ │ │233) │ IV │ 1033 │ │ │ 2344-PS │Reconstruction of a Nation by Goering,│ │ │1934, p. 89. │ IV │ 1065 │ │ │ *2385-PS │Affidavit of George S. Messersmith, 30│ │ │August 1945. (USA 68) │ V │ 23 │ │ │ 2523-PS │Account of conversations between │ │ │Goering and Bunjes. (USA 783) │ V │ 258 │ │ │ 2532-PS │Extract from The Third Reich, by Gerd │ │ │Ruehle. │ V │ 268 │ │ │ *2801-PS │Minutes of conversation between │ │ │Goering and Slovak Minister Durkansky │ │ │(probably late fall or early winter │ │ │1938-39). (USA 109) │ V │ 442 │ │ │ *2827-PS │Extract from The Third Reich, │ │ │concerning Four Years Plan, pp. │ │ │250-253. (USA 577) │ V │ 474 │ │ │ *2836-PS │Affidavit of offices and positions │ │ │held by Goering. (USA 4) │ V │ 503 │ │ │ 2875-PS │Decree on exclusion of Jews from │ │ │German economic life, 12 November │ │ │1938. │ V │ 536 │ │ │ *2949-PS │Transcripts of telephone calls from │ │ │Air Ministry, 11-14 March 1938. (USA │ │ │76) │ V │ 628 │ │ │ *2950-PS │Affidavit of Frick, 19 November 1945. │ │ │(USA 448) │ V │ 654 │ │ │ *2962-PS │Minutes of meeting of Reich Cabinet, │ │ │15 March 1933. (USA 578) │ V │ 669 │ │ │ *2986-PS │Affidavit of the defendant, Wilhelm │ │ │Frick, 19 November 1945. (USA 409) │ V │ 688 │ │ │ *3005-PS │Letter from Reich Labor Ministry to │ │ │Presidents of Regional Labor Offices, │ │ │26 August 1941, concerning use of │ │ │Russian PWs. (USA 213) │ V │ 727 │ │ │ *3042-PS │Affidavit of Dr. Kajetan Muehlmann, 19│ │ │November 1945. (USA 375) │ V │ 754 │ │ │ **3047-PS │File notes on conference in Fuehrer’s │ │ │train on 12 September 1939; report on │ │ │execution of Jews in Borrisow; and │ │ │entries from diary of Admiral Canaris.│ │ │(USA 80) (Referred to but not offered │ │ │in evidence.) │ V │ 766 │ │ │ 3051-PS │Three teletype orders from Heydrich to│ │ │all stations of State Police, 10 │ │ │November 1938, on measures against │ │ │Jews, and one order from Heydrich on │ │ │termination of protest actions. (USA │ │ │240) │ V │ 797 │ │ │ *3054-PS │“The Nazi Plan”, script of a motion │ │ │picture composed of captured German │ │ │film. (USA 167) │ V │ 801 │ │ │ *3058-PS │Letter from Heydrich to Goering, 11 │ │ │November 1938, reporting action │ │ │against the Jews. (USA 508) │ V │ 854 │ │ │ 3251-PS │Extracts from Reconstruction of a │ │ │Nation by Hermann Goering. │ V │ 956 │ │ │ *3252-PS │Extract from book Hermann Goering, The│ │ │Man and His Work, by Eric Gritzbach, │ │ │1937. (USA 424) │ V │ 957 │ │ │ *3259-PS │Extract from book Hermann Goering, The│ │ │Man and His work, by Eric Gritzbach, │ │ │p. 69. (USA 424) │ V │ 1007 │ │ │ 3440-PS │Speech of Goering entitled The Victory│ │ │over Communism in Germany, published │ │ │in The Archive, November-December │ │ │1934, pp. 1153-4. │ VI │ 150 │ │ │ *3441-PS │Speech by Goering, published in │ │ │Speeches and Papers, 1939, p. 242. │ │ │(USA 437) │ VI │ 150 │ │ │ *3442-PS │Hitler’s address to the Reichstag, 13 │ │ │July 1934, published in The Archive, │ │ │Vols. 4-6, p. 505. (USA 576) │ VI │ 151 │ │ │ *3458-PS │Speech by Hermann Goering on 15 │ │ │September 1935, from The Third Reich. │ │ │(USA 588) │ VI │ 158 │ │ │ *3460-PS │Speech by Goering, from Hermann │ │ │Goering Speeches and Papers. (USA 437)│ VI │ 160 │ │ │ 3461-PS │Excerpt from Hermann Goering: │ │ │Reconstruction of a Nation. │ VI │ 160 │ │ │ *3471-PS │Letter from Keppler to Bodenschatz, 21│ │ │February 1938, with enclosures noting │ │ │activity of Leopold as leader of │ │ │Austrian Nazis and possible │ │ │appointment of Klausner as his │ │ │successor. (USA 583) │ VI │ 195 │ │ │ *3472-PS │Letter from Keppler to Goering, 9 │ │ │February 1938, requesting that Leopold│ │ │be forbidden to negotiate with │ │ │Schuschnigg except with approval of │ │ │Reich authorities. (USA 582) │ VI │ 196 │ │ │ *3473-PS │Letter from Keppler to Goering, 6 │ │ │January 1938, giving details of Nazi │ │ │intrigue in Austria. (USA 581) │ VI │ 197 │ │ │ *3474-PS │Manuscript notes by Bodenschatz on │ │ │conference of German Air Forces │ │ │leaders, 2 December 1936. (USA 580) │ VI │ 199 │ │ │ *3568-PS │Letter from SS Main Office, 25 July │ │ │1942, concerning enrollment into SS of│ │ │Reichsminister Albert Speer. (USA 575)│ VI │ 256 │ │ │ *3740-PS │Affidavit of Franz Halder, 6 March │ │ │1946. (USA 779) │ VI │ 635 │ │ │ 3766-PS │Report prepared by the German Army in │ │ │France 1942 concerning removal of │ │ │French art objects through the German │ │ │Embassy and the Einsatzstab Rosenberg │ │ │in France. │ VI │ 646 │ │ │ 3775-PS │Letter from Goering to his │ │ │brother-in-law, 21 November 1940, │ │ │concerning bomb destruction in │ │ │England. │ VI │ 652 │ │ │ 3786-PS │Stenographic transcript of a meeting │ │ │in the Fuehrer’s Headquarters, 27 │ │ │January 1945. (USA 787) │ VI │ 655 │ │ │ *3787-PS │Report of the Second Meeting of the │ │ │Reich Defense Council, 25 June 1939. │ │ │(USA 782) │ VI │ 718 │ │ │ *C-10 │OKW directive, 28 November 1939, │ │ │signed by Keitel, subject: Employment │ │ │of 7th Flieger Division. (GB 108) │ VI │ 817 │ │ │ *C-39 │Timetable for Barbarossa, approved by │ │ │Hitler and signed by Keitel. (USA 138)│ VI │ 857 │ │ │ *C-59 │Order signed by Warlimont for │ │ │execution of operation “Marita”, 19 │ │ │February 1941. (GB 121) │ VI │ 879 │ │ │ *C-62 │Directive No. 6 on the conduct of war,│ │ │signed by Hitler, 9 October 1939; │ │ │directive by Keitel, 15 October 1939 │ │ │on Fall “Gelb”. (GB 106) │ VI │ 880 │ │ │ *C-63 │Keitel order on preparation for │ │ │“Weseruebung”, 27 January 1940. (GB │ │ │87) │ VI │ 883 │ │ │ *C-72 │Orders postponing “A” day in the West,│ │ │November 1939 to May 1940. (GB 109) │ VI │ 893 │ │ │ *C-75 │OKW Order No. 24 initialled Jodl, │ │ │signed Keitel, 5 March 1941, │ │ │concerning collaboration with Japan. │ │ │(USA 151) │ VI │ 906 │ │ │ *C-120 │Directives for Armed Forces 1939-40 │ │ │for “Fall Weiss”, operation against │ │ │Poland. (GB 41) │ VI │ 916 │ │ │ *C-126 │Preliminary Time Table for “Fall │ │ │Weiss” and directions for secret │ │ │mobilization. (GB 45) │ VI │ 932 │ │ │ *C-139 │Directive for operation “Schulung” │ │ │signed by Blomberg, 2 May 1935. (USA │ │ │53) │ VI │ 951 │ │ │ C-140 │Directive for preparations in event of│ │ │sanctions, 25 October 1935, signed by │ │ │Blomberg. (USA 51) │ VI │ 952 │ │ │ *C-159 │Order for Rhineland occupation signed │ │ │by Blomberg, 2 March 1936. (USA 54) │ VI │ 974 │ │ │ *C-174 │Hitler Order for operation │ │ │“Weseruebung”, 1 March 1940. (GB 89) │ VI │ 1003 │ │ │ *D-729 │Notes on conversation between Goering │ │ │and Mussolini on 23 October 1942. (GB │ │ │281) │ VII │ 177 │ │ │ *D-730 │Statement of PW Walther Grosche, 11 │ │ │December 1945. (GB 279) │ VII │ 177 │ │ │ *D-731 │Statement of PW Ernst Walde, 13 │ │ │December 1945. (GB 278) │ VII │ 183 │ │ │ *D-769 │Telegram signed by Gen. Christiansen, │ │ │21 September 1940, relative to │ │ │application of capital punishment in │ │ │connection with Railway strike in │ │ │Holland. (GB 304) │ VII │ 229 │ │ │ *D-775 │Draft of directive, 14 June 1944, from│ │ │OKW to Supreme Commander of │ │ │“Luftwaffe”, regarding treatment of │ │ │Allied “Terrorist”-flyers, (GB 308) │ VII │ 232 │ │ │ *D-776 │Draft of directive of Chief of OKW, 15│ │ │June 1944, to German Foreign Office at│ │ │Salzburg, concerning treatment of │ │ │Allied “Terrorist”-flyers. (GB 309) │ VII │ 233 │ │ │ *D-777 │Draft of directive, 15 June 1944, from│ │ │OKW to Supreme Commander of │ │ │“Luftwaffe” concerning treatment of │ │ │Allied “Terrorist”-flyers. (GB 310) │ VII │ 234 │ │ │ D-779 │Letter from Reichsmarshal to Chief of │ │ │OKW, 19 August 1944, regarding │ │ │treatment of Allied │ │ │“Terrorist”-flyers. (GB 312) │ VII │ 235 │ │ │ *D-780 │Draft of communication from Ambassador│ │ │Ritter, Salzburg, to Chief of OKW, 20 │ │ │June 1944, on treatment of Allied │ │ │“Terrorist”-flyers. (GB 313) │ VII │ 236 │ │ │ *D-781 │Note of OKW to Supreme Commander of │ │ │“Luftwaffe”, 23 June 1944, regarding │ │ │treatment of Allied │ │ │“Terrorist”-flyers. (GB 314) │ VII │ 239 │ │ │ *D-783 │Note of a telephone communication, 26 │ │ │June 1944, with regard to treatment of│ │ │“Terrorist”-aviators. (GB 316) │ VII │ 240 │ │ │ *D-785 │Note from OKW to Supreme Commander of │ │ │“Luftwaffe”, 4 July 1944, concerning │ │ │“Terror”-flyers. (GB 318) │ VII │ 241 │ │ │ *EC-3 │Letter of Liaison Staff at Supreme │ │ │Headquarters, Armament Procurement │ │ │Office directed to General Thomas, │ │ │Chief of Wi Rue Amt, Berlin, 25 │ │ │November 1941. (USA 318) │ VII │ 242 │ │ │ *EC-126 │Economic Policy Directive for Economic│ │ │Organization, East, Agricultural │ │ │Group, 23 May 1941. (USA 316) │ VII │ 295 │ │ │ *EC-286 │Correspondence between Schacht and │ │ │Goering, March-April 1937, concerning │ │ │price control. (USA 833) │ VII │ 380 │ │ │ *EC-305 │Minutes of meeting on 12 February │ │ │1940, under Chairmanship of Goering │ │ │concerning labor supply in the East. │ │ │(USA 303) │ VII │ 402 │ │ │ EC-317 │Order of Goering, 7 September 1943, │ │ │concerning evacuation of harvest crops│ │ │and destruction of means of production│ │ │in agricultural and food economy in │ │ │parts of Occupied Eastern Territories.│ │ │(USA 786) │ VII │ 405 │ │ │ *EC-408 │Memorandum report about the Four Year │ │ │Plan and preparation of the war │ │ │economy, 30 December 1936. (USA 579) │ VII │ 465 │ │ │ *EC-410 │Appendix to Goering’s directive of 19 │ │ │October 1939 concerning the economic │ │ │administration of Occupied │ │ │Territories. (USA 298) │ VII │ 466 │ │ │ *EC-472 │Directives of Reich Marshal Goering │ │ │concerning economic organization of │ │ │Occupied Eastern Territories. (USA │ │ │315) │ VII │ 539 │ │ │ **L-3 │Contents of Hitler’s talk to Supreme │ │ │Commander and Commanding Generals, │ │ │Obersalzberg, 22 August 1939. (USA 28)│ │ │(Referred to but not offered in │ │ │evidence.) │ VII │ 752 │ │ │ *L-79 │Minutes of conference, 23 May │ │ │1939,”Indoctrination on the political │ │ │situation and future aims”. (USA 27) │ VII │ 847 │ │ │ *L-83 │Affidavit of Gerhart H. Seger, 21 July│ │ │1945. (USA 234) │ VII │ 859 │ │ │ *L-151 │Report from Ambassador Bullitt to │ │ │State Department, 23 November 1937, │ │ │regarding his visit to Warsaw. (USA │ │ │70) │ VII │ 894 │ │ │ *L-221 │Bormann report on conference of 16 │ │ │July 1941, concerning treatment of │ │ │Eastern populations and territories. │ │ │(USA 317) │ VII │ 1086 │ │ │ R-133 │Notes on conference with Goering in │ │ │Westerland on 25 July 1939, signed │ │ │Mueller, dated Berlin 27 July 1939. │ │ │(USA 124) │ VIII │ 202 │ │ │ *R-140 │Secret letter from Goering’s adjutant,│ │ │Major Conrath, 11 July 1938, enclosing│ │ │transcript of Goering’s speech of 8 │ │ │July to representatives of aircraft │ │ │industry. (USA 160) │ VIII │ 221 │ │ │ R-148 │Letter from Goering to Supreme Reich │ │ │authorities, 8 March 1940, concerning │ │ │treatment of male and female civilian │ │ │workers of Polish nationality; also │ │ │letters, orders, and memoranda │ │ │relating thereto. │ VIII │ 251 │ │ │ *TC-27 │German assurances to Czechoslovakia, │ │ │11 and 12 March 1938, as reported by │ │ │M. Masaryk, the Czechoslovak Minister │ │ │to London to Viscount Halifax. (GB 21)│ VIII │ 377 │ │ │ Statement IX │My Relationship to Adolf Hitler and to│ │ │the Party, by Erich Raeder, Moscow, │ │ │fall 1945. │ VIII │ 707 │ │ │ *Chart No. 1 │National Socialist German Workers’ │ │ │Party. (2903-PS; USA 2) │ VIII │ 770 │ │ │ *Chart No. 10 │1938 Proposals for Luftwaffe Expansion│ │ │1938-1950. (L-43; GB 29) │ VIII │ 779

2. RUDOLF HESS

A. _POSITIONS HELD BY HESS._

(1) _Between 1919 and 1941, Hess held the following positions_:

(_a_) Member of the Nazi Party, 1920-1941 (_3191-PS_).

(_b_) Deputy to the Fuehrer, 21 April 1933 to 10 May 1941 (_3196-PS_).

(_c_) Reich Minister without Portfolio, 1 December 1933—10 May 1941 (_3178-PS_).

(_d_) Member of the Reichstag, 5 March 1933—10 May 1941 (_3192-PS_).

(_e_) Member of the Council of Ministers for the Defense of the Reich, 30 August 1930—10 May 1941 (_2018-PS_).

(_f_) Member of the Secret Cabinet Council, 4 February 1938—10 May 1941 (_1377-PS_).

(_g_) Successor Designate to the Fuehrer, after Goering, 1 September 1939—10 May 1941 (_3190-PS_).

(_h_) General in the SS (_3198-PS_).

(_i_) Private Secretary and A. d. C. to Hitler, 1925-1932 (_3192-PS_).

(_j_) Head of the Central Political Committee of the N.S.D.A.P., appointed 15 December 1932 (_3132-PS_).

(_k_) _Reichsleiter_ of the N.S.D.A.P. (Member of the Party Directorate) (_3198-PS_).

(_l_) Member of the Reichs Defense Council (_2261-PS_).

B. _PROMOTION OF THE NAZI CONSPIRATORS’ ACCESSION TO POWER._

The Nazi Party was the conspiracy’s main instrument of control. As its directing head, Hess used this instrument vigorously to advance the purposes of the conspiracy. He thus played a decisive part in the preparation and execution of its criminal designs.

Hess began his conspiratorial activities immediately upon the termination of World War I by joining militaristic and nationalistic organizations. He became a member of the Thule Society and of the Free Corps Epp. In June 1920 he joined the Nazi Party, receiving membership card No. 16 (_3191-PS_; _3347-PS_).

By 1923 Hess was an SA leader and head of the Nazi University Organization in Munich. He took part in the Nazi Putsch of 8-9 November 1923. As a result he was tried and convicted on a charge of high treason (_3132-PS_). He spent 7½ months of his 18 months’ sentence with Hitler at the Landsberg Fortress (_3191-PS_). There Hitler dictated _Mein Kampf_ to him (_3132-PS_).

After their release, Hess remained extremely close to Hitler. In 1925, he became officially his private secretary and A. d. C. (_3192-PS_).

During the Party crisis which resulted from the sudden resignation of Gregor Strasser, head of the Party’s Political Organization, in December 1932, Hitler called on Hess to take charge of the newly formed Central Political Committee of the Party, in order to restore its strength and unity (_3132-PS_).

Shortly thereafter, Hess took part in the decisive negotiations which brought the Nazi conspirators into power on 30 January 1933 (_3132-PS_).

C. _ESTABLISHMENT OF TOTALITARIAN CONTROL OVER GERMANY._

Upon the conspirators’ accession to power, Hess was appointed Deputy to the Fuehrer of the NSDAP (_3196-PS_). His broad powers and responsibilities in that position were officially described as follows:

“All the threads of the Party work are gathered together by the Deputy of the Fuehrer. He gives the final word on all intra-Party plans and all questions vital for the existence of the German people. The Deputy of the Fuehrer gives the directives required for all the Party work, in order to maintain the unity, determination and striking power of the N.S.D.A.P. as the bearer of the National-Socialist philosophy.” (_3163-PS_; _Chart Number 15_).

Through Hess the Conspirators established the control of the Party over the State. As a first step he obtained a seat in the Cabinet, which had in effect become the sole legislative organ of the Reich (_2001-PS_; _2426-PS_; _1395-PS_). As a Cabinet Minister, Hess signed the laws which further strengthened the political power of the Nazi Party. Among these enactments were the law of 1 August 1944 consolidating the positions of Chief of State and Leader of the Party (_2003-PS_); and the law of 20 December 1934 against treacherous attacks on Party and State (_1393-PS_).

Through a long series of decrees Hess obtained control over every aspect of public and private life in Germany, in order to subvert it to the aims of the conspiracy, as represented by the Party.

(1) _Hess gained control over all legislation._

A Hitler Decree of 27 July 1934 provided for Hess’s participation in the drafting of all legislation (_D-138_). In a circular to Cabinet members on 9 October 1939, Hess stated that he would in the future veto every bill which reached him too late to allow him enough time for its thorough study from the Party point of view (_D-139_). A letter from Chief of the Reich Chancellery Lammers, on 12 April 1938, announced a supplementary decree extending Hess’s participation, especially with regard to the drafting of laws affecting individual States (_D-140_; see _1942-PS_).

(2) _Hess gained control over all government appointments, including those of the judiciary and university teachers._

A decree of 24 September 1935 provided for the consultation of Hess in the appointment of Reich and State civil servants (_3180-PS_). A decree of 10 July 1937 provided for the participation of the Fuehrer’s Deputy in the appointment of Reich and State civil servants (_3184-PS)_. A decree of 14 October 1936, signed by Hess, regulated the status of Reich and State civil servants (_3183-PS_). A further decree of 3 April 1936 provided for Hess’s participation in the appointment of Labor Service officials (_3182-PS_).

(3) _Hess gained control over Local Government Administration._

This control was effected through the German Municipality Act of 30 January 1935 provided for the participation of Party delegates (_2008-PS_).

(4) _Hess gained control over the administration of annexed territories._

Thus, the Ordinance of 10 June 1939 provided for Hess’s participation in the administration of Austria (_Reichsgesetzblatt_ 1939, Part I, p. 995) while another Ordinance of the same date provided for Hess’s participation in the administration of the Sudetenland (_Reichsgesetzblatt_ 1939, Part I, p. 997).

(5) _Hess, in his capacity as Deputy Leader of the Party, gained control over the German Youth._

An order of 10 July 1934 set up a University Commission of the NSDAP under Hess; an Order of 18 July 1934 placed the NS German Student League directly under Hess; and an Order of 14 November 1934 delegated to the Student League exclusive jurisdiction over the political and ideological education of German students (_3132-PS_). A Hess Decree of 3 June 1936 established the NS Aid Fund for the Struggle in the Universities (_3203-PS_; see also _3132-PS_ and _1392-PS_).

The success of this entire program of legislation was described by Hitler as follows:

“In this Reich everybody who has a responsible position is a National Socialist * * * Every institution of this Reich is under the orders of the supreme political leadership * * * The Party leads the Reich (_2715-P_S; see _1774-PS_ and _3163-PS_).

In order to enable the conspirators to buttress their power through the armed terror of the SA and SS, Hess, while not actually in control of these Party formations, nevertheless gave them active support. Thus, he was instrumental in establishing the Hitler Grant (a large fund contributed annually by heavy German industry under the chairmanship of Krupp) and in directing part thereof to the support of the SA and SS (_D-151_).

When several SA men were convicted for mistreatment of inmates of the Hohnstein concentration camp, two members of the jury which had voted the conviction were expelled from the party (_784-PS_).

Finally, when Himmler, Reich Leader of the SS, organized the SD, Hess issued an order establishing the SD as the sole political information service of the Nazi Party, its functions to be exercised through the SS (_3385-PS_).

Hess also sought to destroy the influence of the independent churches among the German people, in order to wipe out every opposition to the aims of the conspirators. Thus, Hess’s Chief of Staff, Bormann, issued numerous orders and communications from Hess’s office against the independent churches. Among these were the Secret Order of 27 July 1938 making clergymen ineligible for party offices (_113-PS_); the Party Directive of 14 July 1939 making the clergy and theology students ineligible for Party membership (_840-PS_); the letter of 22 February 1940 discussing ways and means of eliminating religious instruction from the schools (_098-PS_); the report of 25 April on the progressive substitution of National Socialist mottoes in place of morning prayers in the schools (_070-PS_); the letter to Rosenberg of 17 January 1940 concerning the undesirability of religious literature for members of the _Wehrmacht_ (_101-PS_); the instructions of 8 March 1940 against the further issuance of newsprint to confessional newspapers (_089-PS_); and the letter to the Minister of the Interior, in May 1938, agreeing to the invalidation of the Concordat between Austria and the Holy See (_675-PS_; _838-PS_ and _107-PS_).

D. _PREPARATION FOR WAR._

Hess was one of the members of the conspiracy who professed as early as 1933 the aim of complete world domination (_2385-PS_).

In pursuance of that aim Hess threw the power of the Party which he directed, behind the war preparations of the conspiracy. Hess himself described the Party, in this connection, as the mechanism with which to “organize and direct offensively and defensively the spiritual and political strength of the people” (_2426-PS_).

Hess’s tasks in the preparations for aggressive wars fell mainly into the fields of military preparedness, political planning, and fifth-column activities.

(1) _Rearmament._ Even before 1933 Hess took a personal interest in the secret military training program of the uniformed Party organizations (_1143-PS_).

After the conspirators had come to power, Hess was one of those who echoed the cry of “guns for butter” in his speeches (_2426-PS_).

Hess signed the law which reintroduced universal military conscription in Germany on 16 March 1935 (_1654-PS_). Hess admitted that signing this law was no mere formality for him, but rather the realization of one of his most important aims, when he declared in a speech to Army officers in 1937:

“When I spoke about conscription after the 16th of March 1935, in what used to be the most radical industrial plant of Munich * * * to thousands and thousands of the same workers who but a few years before had been singing the Internationale, I was interrupted again and again by such applause and cheers as I would never have believed possible. That was the most beautiful and at the same time the most moving demonstration of my life (_3124-PS_).

When the Nazi conspirators were ready to launch their aggressive wars in the fall of 1938, Hess and the Party agencies under his control cooperated with the Army High Command in the mobilization of the German Army (_388-PS, Item 32_).

(2) _Political Planning for War._ When the Reich Defense Council was reorganized in September 1938, Hess became one of its members with the express assignment of assuring “the political direction of the nation” (_2261-PS_).

Hess was also made a member of the Ministers’ Council for the Defense of the Reich upon its creation in 1939. Here he continued to exercise an important war-planning function with the specific task of “guaranteeing the unity between Party and State” within that body (_2018-PS_; _2608-PS_).

Hess’s functions in the field of political planning for war were not limited to the domestic sphere. He was also a member of the Secret Cabinet Council formed to advise Hitler on foreign policy planning (_1377-PS_; _3189-PS_).

(3) _Fifth Column Activities._ Hess’ most important contribution to the conspirators’ preparations for aggressive war lay in his organization of the German fifth-columns abroad through the Foreign Organization (_Auslands Organisation_ (AO)) of the Nazi Party and its various affiliated semi-official organizations. Through these channels Hess succeeded in building up conspiratorial shock-troops in foreign countries, composed of citizens of these countries who were of German “racial stock.” These foreign citizens were incited by Hess to acts of treason against their country in furtherance of the plans of the conspiracy. It was the subversive activities of these fifth-column groups which prepared the way for the conspirators’ destruction of independence of many countries. Principal among these were Austria, Czechoslovakia, and Poland.

As his chief instrument in this conspiratorial campaign Hess created the Foreign Organization of the Nazi Party on 3 October 1933. This office was placed directly under Hess, who from then on was known to take the greatest personal interest in its rapid development and expansion (_3258-PS_; _3401-PS_; _3254-PS_).

The Foreign Organization extended its activities not only to German citizens living abroad but to all persons allegedly of German ancestry regardless of their foreign citizenship. In the early years after the conspirators’ rise to power and up to 1937 this aim was openly admitted by the responsible heads of the Foreign Organization (_3258-PS_).

Hess announced that it was the task of the Foreign Organization to organize all persons of the German race who lived abroad and to turn them into active Nazi supporters, thus making them subservient to the purposes of the conspiracy. In his speech at the 1937 Congress of the Foreign Organization, Hess declared:

“You stand before me as a slice of the great German racial community, the racial community which extends beyond the borders of our Reich, for National Socialism has not only at home created a national community transcending all classes and groups in a way previously unknown, but it has also included German racial comrades [_Volks-Genossen_] in foreign countries. It has made them conscious and proud members of this racial community! * * *

“Under the leadership of the Foreign Organization, Germandom abroad is also becoming more and more _filled with the National Socialist spirit_. The Foreign Organization, of the NSDAP has brought together the Germans out there, who even long after the seizure of power were disunited and split by class differences, and joined them with Adolf Hitler’s Reich. The National Socialist care for Germandom abroad is maintaining an enormous number of Germans for the nation, who otherwise would be absorbed as cultural fertilizer for other nations” (_3258-PS_).

The same principle was expressed bluntly by Gauleiter Ernst Bohle, head of the Foreign Organization of the NSDAP directly under Hess from 1933 to 1945, who stated in his address at the Nurnberg Party Congress of 1936:

“The Fuehrer had to come in order to hammer into all of us the fact that the German cannot choose and may not choose whether or not he will be German but that he was sent into this world by God as a German, that God thereby had laid upon him as a German duties of which he cannot divest himself without committing treason to Providence. _Therefore we believe and we know that the German everywhere_ is a _German_—whether he lives in the Reich or in Japan, in France or in China or anywhere else in the world. _Not countries or continents, not climate or environments but blood and race determine the world of ideas of the German._” (_3258-PS_).

Hess was also in control of all other semi-official organizations associated with the Foreign Organization in fifth-column work among foreign citizens of German ancestry, for the purpose of gaining foreign support for the conspiracy. Thus, by a Secret Circular of 3 February 1939, Hess ordered the consolidation of the undercover activities of all organizations active in the foreign field, subject to the central direction of SS Gruppenfuehrer Werner Lorenz, head of the _Volks-deutsche Mittelstelle_ (Central Agency for Racial Germans) (_837-PS_).

The two most important of these semi-official agencies were the VDA (League for Germandom Abroad) and the DAI (German Foreign Institute). The VDA was a vast world-wide organization giving financial support to various activities of German groups abroad without regard to their nationality. Its large funds were collected in Germany with the aid of the Nazi Government (_3258-PS_). The aim of the activities of the VDA was to establish a great German world empire of 100,000,000 inhabitants, containing all persons of German “racial stock” everywhere, including millions of American citizens (_3258-PS_). The DAI was a world-wide information intelligence and propaganda service (_3258-PS_).

Hess repeatedly stressed the importance of using Germans abroad for spreading Nazi propaganda (_3124-PS_).

The DAI also based its activities on the proposition that all persons of German ancestry belonged to the Nazi German Reich, though they held citizenship in foreign countries. This was stated by Nazi Minister-President Mergenthaler of Wuerttemberg in his address at the 1933 annual meeting of the DAI:

“The liberalist ideology which has been overcome dealt with the formal concept of the citizen. We have gotten rid of that. Today the blood-united German racial comrade stands in the center. That is the new foundation upon which we must build * * *. Hence I want to impress on the DAI: Join us therefore in taking care that the spirit of National Socialism also becomes alive among the German racial comrades in foreign countries so that streams of energy may emanate from it.” (_3258-PS_).

At the annual meeting held by the DAI in 1937, Frick restated in his address the fundamental aim of this organization: to unite every person of German “racial stock” under the control of the Nazi conspirators.

“* * * the new Germany has recognized that its attention and devotion to the welfare of the millions of Germans who have not the fortune to owe political allegiance to Germany, but who are condemned to live abroad, are not merely a matter of natural sympathy and solidarity but are in a higher degree dictated by the strong political and economic interests of the Reich.” (_3258-PS_).

It is noteworthy that the DAI was closely affiliated with the German-American Bund, a subversive Nazi organization in the United States. The DAI’s official periodical, “Germandom Abroad” (_Deutschtum im Ausland_), was edited during the war by Walter Kappe, former press chief of the Bund (_3258-PS_). Walter Kappe and Fritz Gissibl, another former leader in the Bund, established on the premises of the DAI in Stuttgart an organization called “Comradeship U. S. A.” The purpose of this “Comradeship U. S. A.” was to maintain during the war an organization for all Nazi Party members who had been active in the Bund in the United States (_3258-PS_). Even before the outbreak of the war, in the spring of 1939, Walter Kappe had undertaken to collect a complete archive of Nazi activities in the U. S. on behalf of the DAI and the Nazi Party (_3258-PS_).

The success of this world-wide fifth column directed by Hess is now a matter of historical record. Hess himself guided the subversive foreign groups which he had created until the day when the conspirators were ready to annex the countries which they had undermined.

Thus, the annexation of Austria was principally due to the efforts of the Nazi Party’s work within that country under the orders of Hess. As early as 1934 Hess had appointed Reinthaler leader of the Nazi peasants in Austria, and thus placed him in a position to take over the leadership of the Nazi Fifth Column in Austria (_812-PS_). Hess took a major part in the negotiations carried on by Seyss-Inquart and other members of the conspiracy in preparation of the Anschluss (_3254-PS_; _3425-PS_). When on 12 March 1938 Germany invaded Austria, Hess, accompanied by Himmler, was the first member of the conspiracy to arrive in Vienna at noon on the same day (_L-292_). The next day Hess signed the decree by which the conspirators destroyed the independence of Austria (_2307-PS_; _3075-PS_).

Once the conspirators had achieved their aim, Hess did not hesitate to admit publicly that he had approved of the steps which led to the final subjection of Austria. On 24 July 1938 he addressed a meeting held on the fourth anniversary of the assassination of Austrian Chancellor Dollfuss by members of the 89th SS Regiment. He devoted the larger part of his speech to a justification of that assassination (_L-273_).

When the conspirators turned their attention to their next victim, Czechoslovakia, Hess was again in the forefront directing the German fifth-column in the Sudetenland. In his speech at the annual meeting of the Foreign Organization of the NSDAP on 28 August 1938, Hess declared that Nazi Germany was giving full backing to the demands of the Sudeten German agitators. What such support meant in fact became very clear when Hess pointed to the success of the Nazi policy in Austria (_3258-PS_). All through the summer of 1938 Hess was engaged in consultations with Karl H. Frank and Konrad Henlein, leaders of the Nazi Sudeten German Party (_3061-PS_).

A few months later Hess could mark up another success for his fifth-column. When the Munich Agreement forced Czechoslovakia to surrender the Sudeten territory to Germany, Hess went to Reichenberg, the capital of that district, as Hitler’s representative in order to accept the official incorporation of the Sudeten German Party into the Nazi Party on 5 November 1938. In his address on that occasion he emphasized repeatedly that the Nazi conspirators had been ready to go to war for the possession of the Sudetenland (_3204-PS_).

Hess also put his signature to the Act of 14 April 1939 setting up the government of the Sudetenland as an integral part of the Reich (_3076-PS_).

Later during the same year, after the conspirators had loosed their first aggressive war, Hess signed the laws incorporating first Danzig and then a large portion of Poland into the Reich (_3077-PS_; see also Decree 8 October 1939 (RGBl 1939, Part I, p. 2042); Decree of 12 October 1939, Part I, p. 2077).

When in July 1941 the Nazi conspirators occupied Greece, the members of the local Nazi Party were ready to take over as an auxiliary Army service (_3258-PS_).

Thus, wherever the conspirators sent their invading armies Hess’ fifth-column had prepared the soil.

E. _PARTICIPATION IN THE CONSPIRACY TO COMMIT WAR CRIMES AND CRIMES AGAINST HUMANITY._

Hess, as Deputy Leader of the Nazi Party, had the task of realizing its “ideological” program (_3200-PS_).

One of the demands of this conspiratorial program was the destruction of so-called inferior racial stock. Persons who suffered from hereditary insanity or other hereditary diseases were considered useless to the Nazi community. They were therefore to be killed or at least to be prevented from procreating their kind.

In order to carry out this plan Hess established a special Racial Policy Division on his Staff under Dr. Walter Gross, by his order of 17 November 1933. This Division was to “participate with the competent government agencies in all race and population measures” (_3322-PS_; _3163-PS_). In addition, other agencies of the Nazi Party, under Hess, actively cooperated in the administration of this criminal program (_D-181_; _842-PS_; _1969-PS_).

In 1937 Hess publicly claimed credit for having used his Party organization in order to gain the nation’s approval for compulsory sterilization (_3124-PS_; _3067-PS_).

More important still in the Nazi program were the persecution and extermination of religious and racial minorities. Hess vigorously propagated the doctrine of the superiority of the German race with which the conspirators sought to justify these persecutions (_3124-PS_).

The Nurnberg Laws, which constituted the legal basis of this campaign, were the work of the Party. This was solemnly announced by Hitler in the peroration of the address in which he announced these laws to the Reichstag in Nurnberg 15 September 1935:

“I now propose to the Reichstag the acceptance of those laws which Party member Goering will read to you.

“The first and second laws fulfill the program of the National Socialist Party in one important respect, and thereby pay a debt of gratitude to the Movement under whose symbol Germany has regained her freedom.

“The second law constitutes an attempt to solve by legislation a problem, the final solution of which, if it should again fail, will then have to be referred by law to the National Socialist Party. All three laws are backed by the National Socialist Party and with it and behind it by the German Nation.

“I ask you to accept these laws.” (_3419-PS_).

Hess, along with Frick, was placed in charge of the administration of the Nurnberg Laws and of the issuance of ordnances and regulations thereunder (_1416-PS_; _3179-PS_; _1417-PS_; _2124-PS_).

With the launching of their aggressive wars, the Nazi conspirators embarked on the execution of their plan to exterminate the non-German populations which fell into their hands. This plan, especially insofar as it concerned the Jews, had been bluntly revealed by Hitler well in advance in his address to the Reichstag on 30 January 1939:

“If inter-national finance-Jewry inside and outside Europe should succeed in throwing the nations into another _World War_, the result will not be the Bolshevization of the earth and thus the victory of Jewry, but the _destruction of the Jewish race in Europe_!” (_3418-PS_).

In support of this campaign, which was continued by his co-conspirators after his flight to Scotland, Hess issued an order through his Party Chancery on behalf of the SS, which had been put in charge of the extermination program. In this order, Hess demanded the support of all Party members for the recruiting drive of the SS Army Corps (Waffen SS). Hess added that these SS formations were scheduled for service in the Eastern occupied areas, where their “special training in race matters” could be used to best advantage (_3245-PS_).

By a series of further legislative and administrative measures, Hess participated in the establishment of a special regime in Poland which deprived the inhabitants of that country of their legal protection, and thus initiated their wholesale extermination (_R-139_; _R-96_; _R-141_).

In pursuance of the same policy Hess signed the decree which forced certain groups of Polish citizens to surrender their original national allegiance and to accept German citizenship (Decree of 24 October 1939, RGBl 1939, Part I, p. 2077).

Hess also signed the decree establishing the German Racial Register, under which Allied nationals of German stock were registered and then compelled to accept German nationality and to remove to German territory (_2917-PS_).

Hess also used Party channels in order to incite the German people to violations of the rules of war. Thus, he ordered that the population be instructed to seize Allied parachutists or to “liquidate them” (_062-PS_).

Hess also issued instructions to enforce Hitler’s orders prohibiting the reconstruction of the city of Warsaw or of any of Poland’s destroyed industries (_EC-411_).

On 10 May 1941, Hess flew to Scotland for the purpose of seeking an end to the war with England, and support for Germany’s demands against Russia. Upon his arrival, he was incarcerated and thus forcibly eliminated from further participation in the crimes of the conspiracy (_D-614_).

F. _CONCLUSION._

Of all the members of the Nazi conspiracy, Hess was closest to Hitler from the first. As Hitler’s secretary and A. d. C., as his Deputy, and finally as his Second Successor Designate, Hess was at all times his direct representative in all Party matters. Thus, the conspiracy’s most powerful instrument of political action rested in his hands.

Hess used this power to penetrate and dominate the German government administration with National Socialist functionaries; to control legislation and education; and to persecute all independent groups, especially the churches and the Jews.

Being responsible for the political direction and control of the German people, through the Party, Hess played a decisive role in preparing the nation for war. He furthered the secret rearmament of the Party’s military formations; he signed the Conscription Law of 1935; he sat on the Reichs Defense Council, the inner Cabinet in which the heads of the conspiracy blue-printed the administrative, economic, and political preparation of their aggressive wars.

Hess, above, all, was responsible for the creation and direction of the Nazi fifth-column, in which foreign citizens of German extraction joined under the Nazi banner to weaken and undermine those countries which the Nazi conspirators had determined to subjugate.

All through the years from 1920 to 1941 Hess remained the most faithful and relentless executor of Hitler’s aims and designs. This complete devotion to the success of the conspiracy was climaxed by his flight to Scotland in an attempt to end the war with England and to receive English support for Germany’s demands against Russia, which he had helped to prepare.

The share of Hess’ participation in the Nazi conspiracy is as great as that of the Party which he directed. The Party’s crimes are his.

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO RUDOLF HESS

│ │ │ Document │ Description │ Vol. │ Page │ │ │ │Charter of the International Military │ │ │ Tribunal, Article 6. │ I │ 5 │International Military Tribunal, │ │ │ Indictment Number 1, Section IV (H);│ │ │ Appendix A. │ I │ 29, 58 │ ———— │ │ │Note: A single asterisk (*) before a │ │ │document indicates that the document │ │ │was received in evidence at the │ │ │Nurnberg trial. A double asterisk (**)│ │ │before a document number indicates │ │ │that the document was referred to │ │ │during the trial but was not formally │ │ │received in evidence, for the reason │ │ │given in parentheses following the │ │ │description of the document. The USA │ │ │series number, given in parentheses │ │ │following the description of the │ │ │document, is the official exhibit │ │ │number assigned by the court. │ │ │ ———— │ │ *062-PS │Top secret Hess directive of 13 March │ │ │1940, concerning behavior in case of │ │ │landings of enemy planes or │ │ │parachutists. (USA 696) │ III │ 107 │ │ │ 070-PS │Letter of Deputy Fuehrer to Rosenberg,│ │ │25 April 1941, on substitution of │ │ │National Socialist mottos for morning │ │ │prayers in schools. (USA 349) │ III │ 118 │ │ │ *089-PS │Letter from Bormann to Rosenberg, 8 │ │ │March 1940, instructing Amann not to │ │ │issue further newsprint to │ │ │confessional newspapers. (USA 360) │ III │ 147 │ │ │ *098-PS │Bormann’s letter to Rosenberg, 22 │ │ │February 1940, urging creation of │ │ │National Socialist Catechism, etc. to │ │ │provide moral foundation for NS │ │ │religion. (USA 350) │ III │ 152 │ │ │ *101-PS │Letter from Hess’ office signed │ │ │Bormann to Rosenberg, 17 January 1940,│ │ │concerning undesirability of religious│ │ │literature for members of the │ │ │Wehrmacht. (USA 361) │ III │ 160 │ │ │ *107-PS │Circular letter signed Bormann, 17 │ │ │June 1938, enclosing directions │ │ │prohibiting participation of │ │ │Reichsarbeitsdienst in religious │ │ │celebrations. (USA 351) │ III │ 162 │ │ │ *113-PS │Secret Order issued by Hess’ Office │ │ │signed Bormann, 27 July 1938, making │ │ │clergymen ineligible for Party │ │ │offices. (USA 683) │ III │ 164 │ │ │ *388-PS │File of papers on Case Green (the plan│ │ │for the attack on Czechoslovakia), │ │ │kept by Schmundt, Hitler’s adjutant, │ │ │April-October 1938. (USA 26) │ III │ 305 │ │ │ 675-PS │Letter from Hess’ office to Minister │ │ │of Interior, signed Bormann, 25 August│ │ │1938, agreeing to invalidation of │ │ │Concordat between Austria and Holy │ │ │See. │ III │ 482 │ │ │ 784-PS │Letters from Minister of Justice to │ │ │Hess and SA Chief of Staff, 5 June │ │ │1935, concerning penal proceedings │ │ │against merchant and SA leader and 22 │ │ │companions because of inflicting │ │ │bodily injury on duty. (USA 732) │ III │ 559 │ │ │ *812-PS │Letter from Rainer to Seyss-Inquart, │ │ │22 August 1939 and report from │ │ │Gauleiter Rainer to Reichskommissar │ │ │Gauleiter Buerckel, 6 July 1939 on │ │ │events in the NSDAP of Austria from │ │ │1933 to 11 March 1938. (USA 61) │ III │ 586 │ │ │ *837-PS │Secret circular by Hess, 3 February │ │ │1939, concerning National League of │ │ │Germans abroad and the German Eastern │ │ │League. (GB 265) │ III │ 603 │ │ │ *838-PS │Letter from Hess’ office signed │ │ │Bormann, 3 June 1939, referring to │ │ │Hitler’s Decree of 6 March 1939 which │ │ │precluded Christian Scientists from │ │ │joining the Party. (USA 684) │ III │ 605 │ │ │ *840-PS │Party Directive, 14 July 1939, making │ │ │clergy and theology students │ │ │ineligible for Party membership. (USA │ │ │355) │ III │ 606 │ │ │ 842-PS │Correspondence between Party │ │ │officials, 30 December 1940, │ │ │concerning killing of the insane. │ III │ 609 │ │ │ *1143-PS │Letter from Schickendanz to Rosenberg,│ │ │20 October 1932, for personal │ │ │transmission to Hess concerning │ │ │organization of Air Force. (USA 40) │ III │ 806 │ │ │ 1377-PS │Decree establishing a Secret Cabinet │ │ │Council, 4 February 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 111. │ III │ 931 │ │ │ 1392-PS │Law on the Hitler Youth, 1 December │ │ │1936. 1936 Reichsgesetzblatt, Part I, │ │ │p. 993. │ III │ 972 │ │ │ 1393-PS │Law on treacherous attacks against │ │ │State and Party, and for the │ │ │Protection of Party Uniforms, 20 │ │ │December 1934. 1934 Reichsgesetzblatt,│ │ │Part I, p. 1269. │ III │ 973 │ │ │ *1395-PS │Law to insure the unity of Party and │ │ │State, 1 December 1933. 1933 │ │ │Reichsgesetzblatt, Part I, p. 1016. │ │ │(GB 252) │ III │ 978 │ │ │ 1416-PS │Reich Citizen Law of 15 September │ │ │1935. 1935 Reichsgesetzblatt, Part I, │ │ │p. 1146. │ IV │ 7 │ │ │ *1417-PS │First regulation to the Reichs │ │ │Citizenship Law, 14 November 1935. │ │ │1935 Reichsgesetzblatt, Part I, p. │ │ │1333. (GB 258) │ IV │ 8 │ │ │ **1654-PS │Law of 16 March 1935 reintroducing │ │ │universal military conscription. 1935 │ │ │Reichsgesetzblatt, Part I, p. 369. │ │ │(Referred to but not offered in │ │ │evidence.) │ IV │ 163 │ │ │ *1774-PS │Extracts from Organizational Law of │ │ │the Greater German Reich by Ernst │ │ │Rudolf Huber. (GB 246) │ IV │ 349 │ │ │ *1866-PS │Record of conversation between Reich │ │ │Foreign Minister and the Duce, 13 May │ │ │1941. (GB 273) │ IV │ 499 │ │ │ 1942-PS │Hess’ participation in legislative │ │ │process, published in Legal │ │ │Regulations and Legal Problems of the │ │ │Movement, by Dr. O. Gauweiler, p. 20. │ IV │ 584 │ │ │ 1969-PS │Correspondence of party officials, │ │ │concerning killing of insane. │ IV │ 602 │ │ │ 2001-PS │Law to Remove the Distress of People │ │ │and State, 24 March 1933. 1933 │ │ │Reichsgesetzblatt, Part I, p. 141. │ IV │ 638 │ │ │ 2003-PS │Law concerning the Sovereign Head of │ │ │the German Reich, 1 August 1934. 1934 │ │ │Reichsgesetzblatt, Part I, p. 747. │ IV │ 639 │ │ │ 2008-PS │German Communal Ordinance, 30 January │ │ │1935. 1935 Reichsgesetzblatt, Part I, │ │ │p. 49. │ IV │ 643 │ │ │ *2018-PS │Fuehrer’s decree establishing a │ │ │Ministerial Council for Reich Defense,│ │ │30 August 1939. 1939 │ │ │Reichsgesetzblatt, Part I, p. 1539. │ │ │(GB 250) │ IV │ 650 │ │ │ *2124-PS │Decree introducing the Nurnberg Racial│ │ │Laws into Austria, 20 May 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 594. (GB│ │ │259) │ IV │ 755 │ │ │ *2261-PS │Directive from Blomberg to Supreme │ │ │Commanders of Army, Navy and Air │ │ │Forces, 24 June 1935; accompanied by │ │ │copy of Reich Defense Law of 21 May │ │ │1935 and copy of Decision of Reich │ │ │Cabinet of 12 May 1935 on the Council │ │ │for defense of the Reich. (USA 24) │ IV │ 934 │ │ │ *2307-PS │Law concerning reunion of Austria with│ │ │German Reich, 13 March 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 237. (GB│ │ │133) │ IV │ 997 │ │ │ *2385-PS │Affidavit of George S. Messersmith, 30│ │ │August 1945. (USA 68) │ V │ 23 │ │ │ *2426-PS │Extracts from Speeches, by Hess. (GB │ │ │253) │ V │ 90 │ │ │ *2608-PS │Frick’s lecture, 7 March 1940, on “The│ │ │Administration in Wartime”. (USA 714) │ V │ 327 │ │ │ 2715-PS │Speech by Hitler to the Reichstag on │ │ │20 February 1938, published in The │ │ │Archive, February 1938, Vol. 47, pp. │ │ │1441-1442. (USA 331) │ V │ 376 │ │ │ *2788-PS │Notes of conference in the Foreign │ │ │Office between Ribbentrop, Konrad │ │ │Henlein, K. H. Frank and others on │ │ │program for Sudeten agitation, 29 │ │ │March 1938. (USA 95) │ V │ 422 │ │ │ 2917-PS │Decree concerning German people’s list│ │ │and German nationality in the │ │ │incorporated Eastern Territories of 4 │ │ │March 1941. 1941 Reichsgesetzblatt, │ │ │Part I, p. 118. │ V │ 587 │ │ │ *3054-PS │“The Nazi Plan”, script of a motion │ │ │picture composed of captured German │ │ │film. (USA 167) │ V │ 801 │ │ │ *3061-PS │Supplement No. 2 to the Official │ │ │Czechoslovak Report entitled “German │ │ │Crimes Against Czechoslovakia” │ │ │(document 998-PS). (USA 126) │ V │ 857 │ │ │ 3067-PS │Law for the prevention of offspring │ │ │with Hereditary diseases, 14 July │ │ │1933. 1933 Reichsgesetzblatt, Part I, │ │ │p. 529. │ V │ 880 │ │ │ 3075-PS │Law for the building up of │ │ │administration in Ostmark, 14 April │ │ │1939. 1939 Reichsgesetzblatt, Part I, │ │ │p. 777. │ V │ 884 │ │ │ 3076-PS │Law for building up of administrations│ │ │in Reich Gau Sudetenland, 14 April │ │ │1939. 1939 Reichsgesetzblatt, Part I, │ │ │p. 780. │ V │ 889 │ │ │ 3077-PS │Law regarding reunion of Free City of │ │ │Danzig with German Reich of 1 │ │ │September 1939. 1939 │ │ │Reichsgesetzblatt, Part I, p. 1547. │ V │ 891 │ │ │ 3124-PS │Extracts from Rudolf Hess—Speeches. │ │ │(GB 253) │ V │ 902 │ │ │ 3132-PS │Extracts from Dates of the History of │ │ │the NSDAP, 1939. │ V │ 906 │ │ │ 3163-PS │The Deputy of the Fuehrer—Rudolf Hess,│ │ │published in National Socialist │ │ │Yearbook, 1941, pp. 219-22. │ V │ 914 │ │ │ *3178-PS │Law to Secure the Unity of Party and │ │ │State, 1 December 1933. 1933 │ │ │Reichsgesetzblatt, Part I, p. 1016. │ │ │(GB 248) │ V │ 916 │ │ │ 3179-PS │Law for the Protection of German Blood│ │ │and Honor of 15 September 1935. 1935 │ │ │Reichsgesetzblatt, Part I, p. 1146. │ V │ 916 │ │ │ 3180-PS │Decree providing for the participation│ │ │of the Fuehrer’s Deputy in appointment│ │ │of officials, 24 September 1935. 1935 │ │ │Reichsgesetzblatt, Part I, p. 1203. │ V │ 918 │ │ │ 3182-PS │Decree concerning participation of │ │ │Deputy Fuehrer in the appointment of │ │ │Labor Service Leaders and Heads of │ │ │departments of Reich, 3 April 1936. │ │ │1936 Reichsgesetzblatt, Part I, p. │ │ │373. │ V │ 918 │ │ │ 3183-PS │Reich Regulations for enlistment, │ │ │employment and promotion of Reich and │ │ │Provincial officials, 14 October 1936.│ │ │1936 Reichsgesetzblatt, p. 893. │ V │ 919 │ │ │ 3184-PS │Order of Fuehrer and Reichchancellor │ │ │concerning appointment of Civil │ │ │Servants and termination of employment│ │ │as Civil Servants of 10 July 1937. │ │ │1937 Reichsgesetzblatt, Part I, p. │ │ │769. │ V │ 921 │ │ │ 3189-PS │Greater Germany, published in │ │ │Documents of German Politics, Vol. VI,│ │ │Part 1, pp. 4-5. (GB 249) │ V │ 922 │ │ │ 3190-PS │The Development of the Reich, │ │ │published in Documents of German │ │ │Politics, Vol. VII, Part 1, p. 264. │ V │ 923 │ │ │ 3191-PS │Extracts from German Fuehrer │ │ │Dictionary, 1934-1935, p. 25, │ │ │concerning Hess. │ V │ 923 │ │ │ 3192-PS │Extract concerning Hess from The │ │ │German Reichstag, p. 180. │ V │ 924 │ │ │ 3196-PS │Hitler decree of 21 April 1933, │ │ │published in National Socialist Party │ │ │Correspondence, 27 April 1933, p. 1. │ V │ 924 │ │ │ 3197-PS │First decree for execution of Sudeten │ │ │Gau Law of 10 June 1939. 1939 │ │ │Reichsgesetzblatt, Part I, p. 997. │ V │ 924 │ │ │ 3198-PS │Official Party News, 26 September │ │ │1933, published in National Socialist │ │ │Party Correspondence. │ V │ 927 │ │ │ 3200-PS │Extract concerning Hess as Deputy │ │ │Fuehrer from National Socialist │ │ │Yearbook, 1939, pp. 188-189. │ V │ 927 │ │ │ 3203-PS │Hess decree of 3 June 1936 │ │ │establishing the NS Aid Fund for the │ │ │Struggle in the Universities, reported│ │ │in The Third Reich, 1937, Vol. IV, p. │ │ │360. │ V │ 927 │ │ │ 3204-PS │Ceremonial Initiation of Sudeten │ │ │German Party into NSDAP by Rudolf │ │ │Hess, published in Voelkischer │ │ │Beobachter, 7 November 1938, p. 5. │ V │ 928 │ │ │ *3245-PS │Order of 21 February 1940, concerning │ │ │recruiting for Waffen SS, published in│ │ │Decrees, Regulations, Announcements, │ │ │Vol. III, p. 354. (GB 267) │ V │ 946 │ │ │ 3254-PS │The Austrian Question, 1934-1938, by │ │ │Seyss-Inquart, 9 September 1945. (USA │ │ │704) │ V │ 961 │ │ │ *3258-PS │Extracts from National Socialism Basic│ │ │Principles, Their Application by the │ │ │Nazi Party’s Foreign Organization, and│ │ │the Use of Germans Abroad for Nazi │ │ │Aims, by U. S. Government Printing │ │ │Office, Washington, 1943. (GB 262) │ V │ 997 │ │ │ 3322-PS │Office for Racial Policies of NSDAP, │ │ │from Organization Book of NSDAP, 1940,│ │ │p. 330. │ VI │ 38 │ │ │ 3347-PS │Seniority List of the SS, of NSDAP, as│ │ │of 1 December 1936. │ VI │ 78 │ │ │ *3385-PS │Hess Order of 14 December 1938 │ │ │concerning position of the SD within │ │ │the Party, from Decrees, Regulations, │ │ │Announcements, Vol. IV, Part I, p. │ │ │231. (GB 257) │ VI │ 104 │ │ │ *3401-PS │National Socialism and German │ │ │Nationalism Abroad, from Voelkischer │ │ │Beobachter, 24 May 1934, p. 2. (GB │ │ │263) │ VI │ 120 │ │ │ 3418-PS │Destruction of the Jewish race, from │ │ │The Archive, January 1939, p. 1605. │ VI │ 121 │ │ │ 3419-PS │Extract from The Party Congress of │ │ │Freedom, 1936, pp. 258-259. │ VI │ 122 │ │ │ *3425-PS │Voluntary statement made by │ │ │Seyss-Inquart with advice of counsel, │ │ │10 December 1945. (USA 701) │ VI │ 124 │ │ │ *3796-PS │Letter of Canaris enclosing a report, │ │ │25 October 1939, concerning the │ │ │activities of Auslands organization. │ │ │(GB 286) │ VI │ 732 │ │ │ 3817-PS │File of correspondence and reports by │ │ │Dr. Haushofer on Asiatic situation. │ │ │(USA 790) │ VI │ 752 │ │ │ *D-138 │Decree of 27 July 1934, providing for │ │ │participation of Fuehrer’s deputy in │ │ │the drafting of all legislation. (USA │ │ │403) │ VI │ 1055 │ │ │ *D-139 │Letter from Hess to Goebbels, 9 │ │ │October 1934, concerning participation│ │ │in legislation of the Reich. (USA 404)│ VI │ 1056 │ │ │ *D-140 │Letter from Lammers to Reich │ │ │Ministers, 12 April 1938. (USA 405) │ VI │ 1057 │ │ │ *D-151 │Krupp, Schacht and Hess correspondence│ │ │in 1933 regarding the Hitler Fund. (GB│ │ │256; USA 831) │ VI │ 1060 │ │ │ *D-181 │Circular from Gauleiter of South │ │ │Westphalia, 21 January 1937, │ │ │concerning Hereditary Health Law. (GB │ │ │528) │ VI │ 1073 │ │ │ D-614 │Statement of British Secretary of │ │ │State for Foreign Affairs in │ │ │Parliament on 22 September 1943. │ VII │ 94 │ │ │ *EC-411 │Order by Hess concerning the │ │ │reconstruction of certain industrial │ │ │enterprises in Poland, 20 November │ │ │1939. (USA 299) │ VII │ 469 │ │ │ *L-273 │Report of American Consul General in │ │ │Vienna to Secretary of State, 26 July │ │ │1938, concerning anniversary of │ │ │assassination of Chancellor Dollfuss. │ │ │(USA 59) │ VII │ 1094 │ │ │ *L-292 │Telegram of American Consul General in│ │ │Vienna to Secretary of State, 12 March│ │ │1938, concerning propaganda dropped │ │ │over Vienna. (USA 78) │ VII │ 1098 │ │ │ M-102 │Extract from National Zeitung, 27 │ │ │April 1942, concerning Hess. (GB 254) │ VIII │ 32 │ │ │ M-103 │Speech by Hess to representatives of │ │ │Foreign Chamber of Commerce, from │ │ │Voelkischer Beobachter, 30 June 1934. │ VIII │ 33 │ │ │ *M-104 │Speech by Hess at inauguration of new │ │ │Adolf Hitler Hall at Hof, from │ │ │Frankfurter Zeitung, 13 October 1936. │ │ │(GB 260) │ VIII │ 33 │ │ │ *M-105 │Speech by Hess at meeting of Reich │ │ │Chamber of Labour at Messerschmitt │ │ │Works, from Voelkischer Beobachter, 2 │ │ │May 1941. (GB 261) │ VIII │ 34 │ │ │ *M-107 │Speech by Hess at 7th Annual Meeting │ │ │of Foreign Organization of NSDAP, from│ │ │Voelkischer Beobachter, 28 August │ │ │1939. (GB 266) │ VIII │ 35 │ │ │ M-108 │Speech by Hess broadcast on Fuehrer’s │ │ │birthday, 20 April 1941. │ VIII │ 37 │ │ │ *M-116 │Report of interview with Hess by Wing │ │ │Commander the Duke of Hamilton, 11 May│ │ │1941. (GB 269) │ VIII │ 37 │ │ │ *M-117 │Record of interview with Hess, 13 May │ │ │1941. (GB 270) │ VIII │ 40 │ │ │ *M-118 │Record of interview with Hess, 14 May │ │ │1941. (GB 271) │ VIII │ 43 │ │ │ *M-119 │Record of conversation with Hess, 15 │ │ │May 1941. (GB 272) │ VIII │ 45 │ │ │ M-120 │“The VDA and the Nazi Party”, │ │ │extracted from German Basic Handbook, │ │ │Part III, Chap. IV. │ VIII │ 46 │ │ │ M-121 │“German Foreign Institute”, extracted │ │ │from German Basic Handbook, Part III, │ │ │Chap. IV. │ VIII │ 47 │ │ │ *M-122 │“The Problem of German Minorities”, │ │ │from German Basic Handbook, Part III, │ │ │Chap. IV. (GB 264) │ VIII │ 48 │ │ │ R-96 │Correspondence of Minister of Justice │ │ │in preparation of the discriminatory │ │ │decree of 4 December 1941 regarding │ │ │criminal justice against Poles and │ │ │Jews in annexed Eastern Territories. │ │ │(GB 268) │ VIII │ 72 │ │ │ R-139 │Correspondence between Hess’ office │ │ │and the Ministry of Justice concerning│ │ │civil law in Eastern Territories. │ VIII │ 209 │ │ │ R-141 │Minutes of conference directed by │ │ │Hess’ assistants, 20 February 1941, │ │ │concerning racial problems in Armed │ │ │Forces. │ VIII │ 236 │ │ │ Affidavit F │Affidavit of Josef Dietrich, 20-21 │ │ │November 1945. │ VIII │ 631 │ │ │ *Chart No. 1 │National Socialist German Workers’ │ │ │Party. (2903-PS; USA 2) │ VIII │ 770 │ │ │ *Chart No. 15 │Staff of the Fuehrer’s Deputy. │ │(3201-PS; GB 251) │ End of VIII

3. JOACHIM VON RIBBENTROP

A. _POSITIONS HELD BY RIBBENTROP._

According to Ribbentrop’s own certified statement (_2829-PS_), he became a member of the Nazi Party in 1932, but according to the semi-official statement in “_Das Archiv_,” he had gone to work for the Party before that time by extending his business connections to political circles. Having joined the service of the Party in 1930 at the time of the final struggle for power in the Reich, “Ribbentrop played an important if not strikingly obvious part in the bringing about of the decisive meetings between the representatives of the President of the Reich and the heads of the NSDAP, who had prepared the entry of Nazis into power on 30-1-1933. Those meetings as well as those between Hitler and von Papen took place in Ribbentrop’s house in Berlin Dahlen.” (_D-472_).

Ribbentrop was therefore present and active at the inception of the Nazi seizure of power. In that first period he was advisor to the Party on questions of foreign affairs. His title was first, “Collaborator to the Fuehrer on matters of Foreign Policy.” He later became Representative in Matters of Foreign Policy on the Staff of the Deputy.

This was followed by membership in the Nazi Reichstag in November 1933.

On 24 April 1934 after Germany had left the disarmament conference, he was appointed Delegate of the Reich Government in matters of Disarmament. In this capacity he visited London and other foreign capitals. He was then given a more important and imposing title, the German Minister Plenipotentiary at Large, and it was in that capacity that he negotiated the Anglo-German Naval Agreement of 1935.

In March 1936, after the Nazi Government had reoccupied the Rhineland zone, which had been demilitarized in accordance with the terms of the Versailles and Locarno Treaties, and the matter was brought before the Council of the League of Nations, Ribbentrop addressed the Council in defense of Germany’s action.

On 11 August 1936 he was appointed Ambassador in London, and occupied that position for a period of some eighteen months. His activities while holding that position are not highly relevant to the issues, but during that period, in his capacity which he still had as German Minister Plenipotentiary at Large, he signed the original Anticomintern Pact with Japan in November 1936, and also the additional pact by which Italy joined it in 1937.

Finally, on 24 February 1938, Ribbentrop was appointed Foreign Minister in place of von Neurath, and simultaneously was made a member of the Secret Cabinet Council (_Geheimer Kabinettsrat_) established by decree of Hitler of the same date (_1337-PS_).

Ribbentrop became an _Oberfuehrer_ in the SS, was subsequently promoted to SS _Gruppenfuehrer_ in 1938, and later became _Obergruppenfuehrer_. There is no question of any honorary rank. The SS went into his ancestry in detail in order to deal with the law relating to that subject. Ribbentrop was also permitted to adopt “von” as a prefix before his last name (_D-636_).

These activities of Ribbentrop in the earlier part of his career show in themselves that he assisted willing and deliberately in bringing the Nazis into power, and in the earlier stage of their obtaining control of the German State.

B. _RIBBENTROP’S PART IN THE CONSPIRACY TO LAUNCH AND WAGE WARS OF AGGRESSION._

(1) _The Austrian Anschluss._ Ribbentrop was present at a meeting at Berchtesgaden on 12 February 1938, at which Hitler and von Papen met the Austrian Chancellor von Schuschnigg and his foreign minister, Guido Schmidt. The official German account of that interview is contained in _2461-PS_. What appears to be the truthful account of that interview is contained in Jodl’s diary, the entries for 11 and 12 February 1938 (_1780-PS_).

On 11 February Jodl wrote:

“In the evening, and on 12 February, General Keitel with General von Reichenau and Sperrle at Obersalzburg. Schuschnigg, together with R. G. Schmidt, are again being put under the heaviest political and military pressure. At 2300 hours Schuschnigg signs protocol.” (_1780-PS_)

The 13 February entry reads:

“In the afternoon, General Keitel asks Admiral Canaris and myself to come to his apartment. He tells us that the Fuehrer’s order is to the effect that military pressure by shamming military action should be kept up until the 15th. Proposals for these deceptive maneuvers are drafted and submitted to the Fuehrer by telephone for approval.

“14 February:

“At 2:40 o’clock the agreement of the Fuehrer arrived. Canaris went to Munich to the Counter-Intelligence Office VII and initiates the different measures.

“The effect is quick and strong. In Austria the impression is created that Germany is undertaking serious military preparations.” (_1780-PS_)

The next step was the telephone conversation which took place between Goering and Ribbentrop on 13 March 1938, when Ribbentrop was still in London. Goering was passing on the false statement that there was no ultimatum to Austria. The facts of the ultimatum were explained by the earlier telephone conversations between Goering and Vienna. But Goering then passed the falsehood on to Ribbentrop in London in order that he might placate and reassure political circles in London (_2949-PS_).

The third step was taken by Ribbentrop after his return from London. Although he had been appointed Foreign Minister in February, he had gone back to London to clear up his business at the embassy. Although he was still in London until after the Anschluss had actually occurred, his name appears as a signatory of the law making Austria a province of the German Reich (_2307-PS_).

(2) _Czechoslovakia._ Czechoslovakia furnishes a typical example of aggression in its various aspects. To summarize the outstanding features briefly: First, there was the necessity of stirring up trouble inside the country against which aggression was planned.

Ribbentrop, as Foreign Minister, helped in the stirring up of the Sudeten Germans under Henlein, who was in frequent contact with the German Foreign Office (_3060-PS_; _2789-PS_; _3059-PS_). These documents demonstrate how the Foreign Office stirred up the Sudeten-German movement so that it would act in accordance with the Government of the Reich.

Later on, Ribbentrop was present on 28 May 1938 at the conference at which Hitler gave instructions to prepare the attack on Czechoslovakia (_388-PS_; _2360-PS_). In a speech in January 1939 Hitler proclaimed that aggression was to take place against Czechoslovakia (_2360-PS_):

“On the basis of this unbearable provocation, which was still further emphasized by a truly infamous persecution and terrorizing of our Germans there, I have now decided to solve the Sudeten-German question in a final and radical manner.”

* * * * * *

“On 28 May I gave the order for the preparation of military steps against this state, to be concluded by 2 October.” (_2360-PS_)

The important point is that 28 May was the date when the _Fall Gruen_ for Czechoslovakia was the subject of orders, and that it was thereafter put into effect, to come to fruition at the beginning of October.

That was the second stage: To lay well in advance the plans of aggression.

The third stage was to see that neighboring states were not likely to cause trouble. Hence, on 18 July 1938, Ribbentrop had a conversation with the Italian Ambassador, Attolico, at which the attack on Czechoslovakia was discussed (_2800-PS_). Further discussions along the same lines followed (_2791-PS_; _2792-PS_). The effect of these documents is, that it was made clear to the Italian Government that the German Government was going to move against Czechoslovakia.

The other interested country was Hungary, for Hungary had certain territorial desires with regard to parts of the Czechoslovakian Republic. Accordingly on 23 and 25 August Ribbentrop was present at the discussions and had discussions himself with the Hungarian politicians Imredi and Kanya (_2796-PS_; _2797-PS_). These documents indicate that Ribbentrop endeavored to get assurances of Hungarian help, and that the Hungarian Government at the time was not too ready to commit itself to action, although it was ready enough with sympathy.

Contacts had been established with the Sudeten Germans, for theirs was the long-term grievance that had to be exploited. But the next stage was to have a short-term grievance and to stir up trouble, preferably at the fountainhead. Therefore, between 16 and 24 September, the German Foreign Office, of which Ribbentrop was the head, was engaged in stirring up trouble in Prague (_2858-PS_; _2855-PS_; _2854-PS_; _2853-PS_; and _2856-PS_). An example of the type of these activities is the communication of 19 September from the Foreign Office to the German Embassy in Prague (_2858-PS_):

“Please inform Deputy Kundt at Konrad Henlein’s request, to get in touch with the Slovaks at once and induce them to start _their_ demands _for_ autonomy tomorrow.” (_2858-PS_)

Another of these documents deals with questions of arrest and the action to be taken against any Czechs in Germany in order to make the position more difficult (_2855-PS_).

That was the contribution which Ribbentrop made to the pre-Munich crisis, which culminated in the Munich agreement of 29 September 1938 (_TC-23_).

A significant aspect of Nazi plotting with regard to Czechoslovakia, which shows the sort of action and advice which the _Wehrmacht_ expected from the Foreign Office, is contained in a long document putting forward an almost infinite variety of breaches of International Law, which were likely to arise or might have arisen from the action in regard to Czechoslovakia (_C-2_). On all these points the opinion of the Foreign Office was sought, with a view to explanation and justification. That, of course, remained a hypothetical question because at that time no war resulted.

The second stage of the acquisition of Czechoslovakia occurred when, having obtained the Sudetenland, the Nazis arranged a crisis in Czechoslovakia which would be an excuse for taking the rest. This action is important as constituting the first time that the German Government disregarded its own commitment that its desires did not go beyond the return of German blood to the Reich. On that point, again, Ribbentrop was active. On 13 March, as events were moving to a climax, he sent a telegram to the German Minister in Prague, his subordinate, telling him to

“make a point of not being available if the Czech Government wants to get in touch with you in the next few days.” (_2815-PS_).

At the same time Ribbentrop attended a conference in Berlin with Hitler and a delegation of pro-Nazi Slovaks. Tiso, one of the heads of the pro-Nazi Slovaks, was directed to declare an independent Slovak State in order to assist in the disintegration of Czechoslovakia (_2802-PS_). A previous meeting along the same lines had been held a month before (_2790-PS_). Thus, Ribbentrop was assisting in the task, again, of fomenting internal trouble.

On 14 March 1939, the following day, Hacha, the President of Czechoslovakia, was called to Berlin. Ribbentrop was at this meeting, at which pressure and threats were used to obtain the aged President’s consent to hand over the Czechoslovak State to Hitler (_2798-PS_; _3061-PS_).

That was the end of the Czech part of Czechoslovakia. The following week Ribbentrop signed a treaty with Slovakia, Article II of which granted the German Government the right to construct military posts and installations, and to keep them garrisoned within Slovakia (_1439-PS_). Thus, after swallowing Bohemia and Moravia as an independent state, Ribbentrop obtained military control over Slovakia.

(3) _Lithuania._ An interesting point concerning the Northern Baltic shows how difficult it was for Ribbentrop to keep his hands out of the internal affairs of other countries, even when it did not seem a very important matter. On 3 April 1939 Germany had occupied the Memeland (_TC-53-A_). It would have appeared, as far as the Baltic States were concerned, that the position was satisfactory to the Nazis but in fact Ribbentrop was acting in close concert with Heydrich, in stirring up trouble in Lithuania with a group of pro-Nazi people called the Woldemaras Supporters (_2953-PS_; _2952-PS_). Heydrich was passing to Ribbentrop a request for financial support for this group:

“Dear Party Comrade v. Ribbentrop,

“Enclosed please find a further report about the ‘Woldemaras Supporters.’ As already mentioned in the previous report, the ‘_Woldemaras Supporters’ are still asking for help from the Reich._ I therefore ask you to examine the question of financial support, brought up again by the ‘Woldemaras Supporters’ set forth on page 4, para 2 of the enclosed report and to make a definite decision.

“_The request of the ‘Woldemaras Supporters’ for financial support could, in my opinion, be granted. Deliveries of arms should not, however, be made, under any circumstances._” (_2953-PS_)

At the end of a fuller report on the same matter (2952-PS) there is added in handwriting,

“I support small regular payments, e.g. 2,000 to 3,000 marks quarterly.” (_2952-PS_).

It is signed “W”, who was the Secretary of State. Such was the extraordinary interference, even with comparatively unimportant countries.

(4) _Poland._ In the aggression against Poland, there were several periods. The first was what might be called the Munich period, up to the end of September 1938, and at that time no language the Nazis could use was too good for Poland. Examples of German assurances and reassurances to Poland during this period are Hitler’s Reichstag speech on 20 February 1938 (_2357-PS_), the secret Foreign Office memorandum of 26 August 1938 (_TC-76_), and the conversation between M. Lipski, the Polish ambassador, and Ribbentrop (_TC-73, No. 40_). A final illustration of this technique is Hitler’s speech at the Sportzpalast on 26 September 1938, in which he said that this was the end of his territorial problems in Europe and expressed an almost violent affection for the Poles (_TC-73, No. 42_).

The next stage occupied the period between Munich and the rape of Prague. With part of the German plan for Czechoslovakia having been accomplished and parts still remaining to be done, there was a slight change towards Poland but still a friendly atmosphere. In a conversation with M. Lipski, the Polish Ambassador to Berlin, on 24 October 1938, Ribbentrop put forward very peaceful suggestions for the settlement of the Danzig issue (_TC-73, No. 44_). The Polish reply, of 31 October 1938, stated that it was unacceptable that Danzig should return to the Reich, but made suggestions of a bilateral agreement (_TC-73, No. 45_). Between these dates the German Government had made its preparations to occupy Danzig by surprise (_C-137_).

But although these preparations were made, still some two months later, on 5 January 1939, Hitler was suggesting to M. Beck, the Polish Foreign Minister, a new solution (_TC-73, No. 48_).

Ribbentrop saw M. Beck on the next day and said that there was to be no violent solution of the Danzig issue, but a further building up of friendly relations (_TC-73, No. 49_). Not content with that, Ribbentrop went to Warsaw on 25 January to talk of the continued progress and consolidation of friendly relations (_2530-PS_). That was capped by Hitler’s Reichstag speech on 30 January 1939, in the same tone (_TC-73, No. 57_). That was the second stage—the mention of Danzig in honeyed words, because the rape of Prague had not yet been attained.

Then, in the meeting at the Reichschancellery on 23 May 1939, Hitler made it quite clear, and so stated, that Danzig had nothing to do with the real Polish question (_L-79_). “I have to deal with Poland because I want _lebensraum_ in the East”—that is the effect of Hitler’s words at that time: that Danzig was merely an excuse.

The extent to which Ribbentrop had adopted this attitude of mind of Hitler at this time is shown in the introduction to Count Ciano’s Diary (_2987-PS_):

“In the Summer of 1939 Germany advanced her claim against Poland, naturally without our knowledge; indeed, Ribbentrop had several times denied to our Ambassador that Germany had any intentions of carrying the controversy to extremes. Despite these denials I remained in doubt; I wanted to make sure for myself, and on August 11th I went to Salzburg. It was in his residence at Fuschl that Ribbentrop informed me, while we were waiting to sit down at the table, of the decision to start the fireworks, just as he might have told me about the most unimportant and commonplace administrative matter. ‘Well, Ribbentrop,’ I asked him, while we were walking in the garden, ‘What do you want? The Corridor, or Danzig?’ ‘Not any more’, and he stared at me through those cold Musee Grevin eyes, ‘We want war.’” (_2987-PS_).

That extraordinary declaration closely corroborates Hitler’s statement at his Chancellery conference on 23 May—that it was no longer a question of Danzig or the Corridor, but a question of war to achieve _lebensraum_ in the East (_L-79_).

It should be recalled in this connection that “_Fall Weiss_”, the plan for operations against Poland, is dated 3 and 11 April 1939, thus showing that preparations were already in hand (_C-120_). Another entry in Count Ciano’s Diary during the summer of 1939 makes this point quite clear:

“I have collected in the conference records verbal transcripts of my conversations with Ribbentrop and Hitler. I shall only note some impressions of a general nature. Ribbentrop is evasive every time I ask him for particulars of the forthcoming German action. He has a guilty conscience. He has lied too many times about German intentions toward Poland not to feel embarrassment now over what he must tell me and what he is preparing to do.

“The will to fight is unalterable. He rejects any solution which might satisfy Germany and prevent the struggle. I am certain that even if the Germans were given everything they demanded, they would attack just the same, because they are possessed by the demon of destruction.

“Our conversation sometimes takes a dramatic turn. I do not hesitate to speak my mind in the most brutal manner. But this doesn’t shake him in the least. I realize how little weight this view carries in German opinion.

“The atmosphere is icy. And the cold feeling between us is reflected in our followers. During dinner we do not exchange a word. We distrust each other. But I at least have a clear conscience. He has not.” (_2987-PS_)

The next stage in the German plan consisted of sharp pressure over the claim for Danzig, commencing immediately after Czechoslovakia had been formally dealt with on 15 March 1939. The first sharp raising of the claim was on 21 March (_TC-73, No. 61_).

An interesting sidelight during the last days before the war concerns the return of Herr von Dirksen, the German Ambassador at the Court of St. James, to Berlin on 18 August 1939. When interrogated (after capture) regarding the significance of this event, Ribbentrop expressed a complete absence of recollection of ever having seen the German Ambassador to England after his return. Ribbentrop thought he would have remembered him if he had seen him, and therefore he accepted the probability that he did not see him (_D-490_). Thus when it was well known that war with Poland would involve England and France, either Ribbentrop was not sufficiently interested in opinion in London to take the trouble to see his ambassador, or else, as he rather suggests, he had appointed so weak and ordinary a career diplomat to London that his opinion was not taken into account, either by himself or by Hitler. In either case, Ribbentrop was completely uninterested in anything which his Ambassador might have to tell him as to opinion in London or the possibility of war. It is putting the matter with great moderation to say that in the last days before 1 September 1939, Ribbentrop did whatever he could to avoid peace with Poland and to avoid anything which might hinder the encouraging of the war which he and the Nazis wanted. He did that, well knowing that war with Poland would involve Great Britain and France. (See also Section 8 of Chapter IX on Aggression Against Poland.)

M. Lipski, the Polish Ambassador at Berlin, summarized all these events leading up to the war in his report of 10 October 1939 (_TC-73, No. 147_).

(5) _Norway and Denmark._ On 31 May 1939, Ribbentrop, on behalf of Germany, signed a non-aggression pact with Denmark which provided that:

“The German Reich and the Kingdom of Denmark will under no circumstances go to war or employ force of any other kind against one another.” (_TC-24_)

And on 7 April 1940 the German armed forces invaded Denmark at the same time they invaded Norway.

Ribbentrop was fully involved in the earlier preparations for the aggression against Norway. Along with Rosenberg, Ribbentrop assisted Quisling in his early activities. A letter from Rosenberg to Ribbentrop on 24 February states:

“Dear Party Comrade von Ribbentrop:

“Party Comrade Scheidt has returned and has made a detailed report to Privy Councillor von Gruendherr who will address you on this subject. We agreed the other day that 2-300,000 RM would be made immediately available for the said purpose. Now it turns out that Privy Councillor Gruendherr states that the second instalment can be made available only after eight days. But as it is necessary for Scheidt to go back immediately, I request you to make it possible that this second instalment is given to him at once. With a longer absence of _Reichsamtsleiter_ P. M. Scheidt also the connection with your representatives would be broken up, which just now, under certain circumstances, could be very unfavorable.

“Therefore I trust that it is in everybody’s interest, if P. M. Scheidt goes back immediately.” (_957-PS_)

In a report to Hitler on the Quisling activities, Rosenberg outlined Ribbentrop’s part in the preparation of the Norwegian operation:

“* * * Apart from financial support which was forthcoming from the Reich in currency, Quisling had also been promised a shipment of material for immediate use in Norway, such as coal and sugar. Additional help was promised. These shipments were to be conducted under cover of a new trade company, to be established in Germany or through especially selected existing firms, while Hagelin was to act as consignee in Norway. Hagelin had already conferred with the respective Ministers of the Nygaardsvold Government, as for instance, the Minister of Supply and Commerce, and had been assured permission for the import of coal. At the same time, the coal transports were to serve possibly to supply the technical means necessary to launch Quisling’s political action in Oslo with German help. It was Quisling’s plan to send a number of selected, particularly reliable men to Germany for a brief military training course in a completely isolated camp. They were then to be detailed as area and language specialists to German Special Troops, who were to be taken to Oslo on the coal barges to accomplish a political action. Thus Quisling planned to get hold of his leading opponents in Norway, including the King, and to prevent all military resistance from the very beginning. Immediately following this political action and upon official request of Quisling to the Government of the German Reich, the military occupation of Norway was to take place. All military preparations were to be completed previously. Though this plan contained the great advantage of surprise, it also contained a great number of dangers which could possibly cause its failure. For this reason it received a quite dilatory treatment, while at the same time, it was not disapproved as far as the Norwegians were concerned.

“In February, after a conference with General Field Marshal Goering, Reichsleiter Rosenberg informed the Secretary in the Office of the Four Year Plan, only of the intention to prepare coal shipments to Norway to the named confidant Hagelin. Further details were discussed in a conference between Secretary Wohlthat, Staff Director Schickedanz, and Hagelin. Since Wohlthat received no further instructions from the General Field Marshal, Foreign Minister von Ribbentrop—after a consultation with Reichsleiter Rosenberg—consented to expedite these shipments through his office. Based on a report of Reichsleiter Rosenberg to the Fuehrer it was also arranged to pay Quisling ten thousand English pounds per month for three months, commencing on the 15 of March, to support his work”. (_004-PS_)

This sum was paid through Scheidt.

In a letter to Ribbentrop dated 3 April 1940, Keitel wrote:

“Dear Herr von Ribbentrop:

“The military occupation of Denmark and Norway has been, by command of the Fuehrer, long in preparation by the High Command of the _Wehrmacht_. The High Command of the _Wehrmacht_ has therefore had ample time to occupy itself with all the questions connected with the carrying out of this operation. The time at your disposal for the political preparation of this operation, is on the contrary, very much shorter. I believe myself therefore to be acting in accordance with your own ideas in transmitting to you herewith, not only these wishes of the _Wehrmacht_ which would have to be fulfilled by the Governments in Oslo, Copenhagen and Stockholm for purely military reasons, but also if I include a series of requests which certainly concern the _Wehrmacht_ only indirectly but which are, however, of the greatest importance for the fulfillment of its task * * *.” (_D-629_)

Keitel then proceeds to ask that the Foreign Office get in touch with certain commanders. The important point is Keitel’s clear admission to Ribbentrop that the military occupation of Denmark and Norway had been long in preparation. It is interesting to connect this letter with the official Biography of Ribbentrop, in the Archives, which makes a point of mentioning the invasion of Norway and Denmark (_D-472_):

“With the occupation of Denmark and Norway on the 9 of April 1940, only a few hours before the landing of British troops in these territories, the battle began against the Western Powers.” (_D-472_)

It is clear that whoever else had knowledge or whoever else was ignorant, Ribbentrop had been thoroughly involved in the Quisling plottings and knew at least a week before the invasion started that the _Wehrmacht_ and Keitel had been long in preparation for this act of aggression. (See also Section 9 of Chapter IX on Aggression against Norway and Denmark.)

(6) _The Low Countries: Belgium, The Netherlands, and Luxembourg._ The facts as to the aggression against these countries, during the period when Ribbentrop was Foreign Minister, are discussed in Section 10 of