chapter XV on the Reich Cabinet.)

Seyss-Inquart was a member of the Reichstag and of the Reich Cabinet before the invasion of Poland, and occupied those positions until the unconditional surrender of Germany. Thus he is equally responsible for the acts and decisions of the members of those governmental bodies concerning the political planning and preparation of the Nazi Conspirators for Wars of Aggression and Wars in Violation of International Treaties, Agreements and Assurances set forth in Counts One and Two of the Indictment. (_2910-PS_)

D. _SEYSS-INQUART AUTHORIZED, DIRECTED, AND PARTICIPATED IN THE CONSPIRACY TO COMMIT WAR CRIMES AS SET FORTH IN THE INDICTMENT._

(1) _Austria._

(_a_) _Position and authority of Seyss-Inquart._ Seyss-Inquart was appointed Reich Governor of Austria by Hitler on 15 March 1938, and was put in charge of the Civil Administration. Austria had then ceased to exist as an independent nation and was a province of the German Reich. (_2910-PS_; _3425-PS_)

Goering, as Delegate for the Four-Year Plan, commissioned Seyss-Inquart, who was then _Reichsstatthalter_ in Austria, jointly with the Plenipotentiary of the Reich, to consider and take any steps necessary for the “Aryanization of business and economic life, and to execute this process in accordance with our laws” (Laws of the Reich). (_3460-PS_)

Seyss-Inquart participated in the drafting of laws for the sequestration and confiscation of property of the so-called “enemies of the people and State.” Evidence of this fact is found in the correspondence between Seyss-Inquart and Dr. Lammers, Chief of the Reichs Chancellery. On 24 October 1938 Seyss-Inquart wrote a letter to Dr. Lammers stating in substance that the law providing for the sequestration and confiscation of the property of enemies of the State was almost completed and ready for the signature of the Fuehrer, and expressing hope that the signature would be obtained soon. Dr. Lammers replied to Seyss-Inquart that the decree would be issued by the Reichsministerof the Interior, a copy of which had been submitted to Hitler, who had expressed no objections. (_3448-PS_; _3447-PS_)

The power and authority of Seyss-Inquart with respect to the sequestration and confiscation of the property of “enemies of the State” stemmed from a decree empowering the _Reichsstatthalter_ in Vienna, or the office designated by him, to confiscate property of persons or societies which had promoted efforts inimical to the people of the State. This decree also attempted to legalize the confiscation of property ordered by the Secret State Police prior to the issuance of the decree. (_3450-PS_) This decree appeared to be a secret law, because it was not published. Yet its existence as law is evidenced by a letter written to the Reichsfuehrer SS and Chief of the German Police, Himmler, in January 1939, which shows that the decree was in fact issued on 18 November 1938. (_3449-PS_)

(_b_) _Murder and illtreatment of civilians._ Seyss-Inquart was aware that so-called enemies of the State were imprisoned in concentration camps. His knowledge of this matter is evidenced by his claim of credit for the transfer of his predecessor—Chancellor of Austria, von Schuschnigg—from one concentration camp to another in south Germany which was in the path of the armed forces of the United States. (_3254-PS_)

One of the most notorious concentration camps was Mauthausen, located in Austria and in existence while Seyss-Inquart was the Reich Governor of the Province of Austria. As has already been shown, this camp became noted as an extermination center. (_2176-PS_)

(_c_) _Plunder of public and private property._ Even before the issuance of the above decree for the sequestration and confiscation of the property of the so-called enemies of the State, Seyss-Inquart wrote a letter to Hitler indicating that he had come into possession of from 700 to 900 valuable tapestries. Seyss-Inquart offered to display the most beautiful pieces so that the Fuehrer might make a selection. In this same letter Seyss-Inquart expressed his pride and wonder over the manner in which Hitler had “solved the Sudeten problem.” (_3391-PS_)

While Seyss-Inquart was Reich Governor of the Province of Austria a large quantity of valuable property, including works of art, belonging to the so-called enemies of the State, was seized, sequestered, and confiscated. A partial list of such property is found in a memorandum which referred to a report of the Reich Fuehrer SS and Chief of the German Police submitted with a letter dated 10 August 1938 and received in Berlin 26 September 1938. This inventory listed a total of 162 cases of confiscation, of which 113 cases had a value of some 93,366,358.24 marks. It is significant that the former owners of this property were Jews and political opponents of the Nazis. (_3446-PS_)

(2) _Poland._

(_a_) _Position and authority._ Seyss-Inquart was appointed Deputy Governor General of the Polish Occupied Territory by Hitler’s decree of 12 October 1939, which also appointed Hans Frank Governor General of the Polish Occupied Territory. The official title of the government of Poland under the Nazi conspirators was the “General Government” (_3147-PS_). Prior to his appointment as Deputy Governor General of the Polish Occupied Territory from the early part of September 1939 to 12 October 1939, Seyss-Inquart was Chief of the Civil Administration of South Poland (_2910-PS_). Seyss-Inquart as Deputy Governor General of the Polish Occupied Territory was second only to the Governor General, Frank. (_2233-CC-PS_)

The Chief of the Office of the Governor General of the Polish Occupied Territory and the Higher SS and Police Leaders were directly subordinate to the Governor General and his representative. In turn the leaders of the General and Security Police were subordinated to the Higher SS and Police Leaders. (_3468-PS_)

According to Hans Frank, Seyss-Inquart organized the General Government of Poland. When Seyss-Inquart was about to depart to assume his new duties as Reich Commissar for the Occupied Netherlands, Frank eulogized Seyss-Inquart as follows:

“In the construction of the General-Government, your name will forever take a place of honor as originator of this organization and State system. I express our thanks, Mr. Reichsminister, for your collaboration and for your creative energy in the name of all officers, employees, and laborers, of all SS organizations and the whole police force of the General-Government, and in the name of the District Chiefs, the Gau and city leaders, in the name of all otherwise on the order of the Reich and the Fuehrer her active persons. * * *” (_3465-PS_)

During November 1939 Seyss-Inquart made a tour of inspection in Poland. While on this tour he gave lectures to the German officials of the General Government of Poland concerning their duties and German administrative policy in that country. He told these officials that the only principal aim of that policy was to satisfy the interests of the Reich and that they should promote everything of use to the Reich and hamper all that might damage the Reich. He instructed the officials that the German Government must utilize the General Government of Poland for German economic purposes. (_2278-PS_)

(_b_) _Murder and illtreatment of the civilian population of occupied territories._ While Seyss-Inquart was on the aforesaid tour of inspection, a Dr. Lasch, who was a District Governor, reported to Seyss-Inquart that all criminals found in the penitentiaries were shot. The executions, however, were conducted in closed-off wooded areas and not in public. (_2278-PS_)

In his report concerning his tour of inspection Seyss-Inquart stated that the intellectuals of Poland were to a greater part locked up. He also passed on the suggestion made by District Governor Schmidt to use the “moorish” country around Cychov, Poland, as a reservoir for Jews because this measure might have a decimating effect upon the Jewish population of Poland. (_2278-PS_)

Hans Frank, in his capacity as Governor General of the Polish Occupied Territory, made an official report to Hitler in which he stated that, in the course of time, the German rule had led to a substantial deterioration in the “attitude” of the entire Polish people due to malnutrition, mass arrests, mass shootings, and rigorous methods used to obtain forced labor. In this report it was admitted that before 1939 the food supply of the Polish people was quite adequate to sustain them. (_437-PS_)

(_c_) _Plunder of public and private property._ During the aforesaid tour of inspection Seyss-Inquart ordered the seizure of all soap stocks, and informed the German officials that the seizure of soap and tea was to be regarded as most important. In addition he ordered a marshalling of goods such as oil, salt, manures, etc., in monopolies such as cooperative societies. He also directed that the Polish unemployment fund in a considerable amount be diverted to the repair of damaged buildings. (_2278-PS_)

Frank in his report to Hitler stated that there had been a confiscation of a great part of Polish estates, together with encroachments upon and confiscation of the assets of industries, trades, professions, and other private property. (_437-PS_)

(_d_) _Conscription of civilian labor._ Seyss-Inquart, as Deputy Governor General of the Polish Occupied Territory, attended most staff meetings held by Frank, the Governor General. Among the subjects discussed and decided upon at those meetings was the conscription and deportation of vast numbers of Polish nationals to the Reich for forced labor. Some of these deportees were employed in instruments of war production in violation of Articles 6, 23h, 46, and 52 of the Hague Regulations 1907, as well as the Prisoner of War Convention (Geneva 1929). On 11 January 1940 one Frauendorfer reported in the presence of Seyss-Inquart that daily transports, each carrying 1,000 workers, were going to the Reich. Thus Seyss-Inquart aided and abetted in these violations. (_2233-B-PS_)

According to Frank approximately 160,000 agricultural workers and 50,000 industrial workers were conscripted and deported from Poland to the Reich up to and including 21 April 1940. Because the total quota had been fixed at 500,000 and because there were not enough “voluntary enlistments”, solution to the problem was sought in the use of coercive measures. Seyss-Inquart participated actively in the discussions on this matter, and thus aided materially in the solution of the problem. (_2233-N-PS_)

(_e_) _Germanization of occupied territories._ The Nazi government of the Polish Occupied Territory was determined to make Poland entirely German. (Evidence of this intention is discussed in Chapter XIII.) In addition, Frank in his report to Hitler reported that there had been an expropriation of property and expulsion of Polish nationals therefrom for German settlements in Poland. (_437-PS_)

(3) _The Netherlands._

(_a_) _Position and authority of Seyss-Inquart._ Seyss-Inquart was appointed Reich Commissar for the occupied Netherlands territories by decree of Hitler dated 18 May 1940. This decree made Seyss-Inquart “guardian of the interests of the Reich” and invested him with “supreme civil authority.” Seyss-Inquart was made responsible only to Hitler, and empowered to promulgate laws by decree for the occupied Netherlands territories. (_1376-PS_; _2910-PS_)

(_b_) _Abrogation and modification of Netherlands legislation not justified by military necessity._ In his capacity as Reich Commissar of the occupied Netherlands territories Seyss-Inquart authorized and directed the abrogation or modification of Netherlands legislation not demanded or justified by military exigency. This action was in violation of Article 43 of the Hague Regulations, 1907.

The acts abolished included Provincial and Municipal Laws. (_3340-PS_; _3342-PS_)

Ordinary criminal laws not in conflict with the permissible objectives of the occupying power were abrogated, suspended, or radically changed. Administrative courts martial were established by decree of Seyss-Inquart as Reich Commissar which empowered the Leader of the Superior SS and the Police and Special Agents appointed by the Reich Commissar to deviate from existing law. This decree also prescribed harsh penalties for misdemeanors, extending from 10 years to life imprisonment, and include the death penalty (i) for participation in “activities likely to disturb or endanger public order and security” and (ii) for intentional violation of the orders of the Reich Commissar. (_2111-PS_)

Existing marriage laws were amended by Seyss-Inquart so as to require approval of the Reich Commissar instead of the consent of parent or guardian in the case of Dutch girls. The statutory waiting period was also abolished. Thus, intermarriage of Germans with female persons of Netherlands nationality were facilitated and promoted. (_3339-PS_)

Existing legislation concerning Netherlands nationality was modified by Seyss-Inquart so as to favor Germany. (_3341-PS_)

Additional decrees not justified or demanded by the military interests of the occupant were issued by Seyss-Inquart as Reich Commissar. These decrees amended or superseded and distorted existing laws concerning press, education, social services, corporate life, trade unionism, medical care, art, science, and divers phases of the political, social, economic, and industrial life of the Netherlands. Some of these enactments, including the discriminatory decrees against the Jews, are considered in greater detail hereafter. (_1726-PS_)

(_c_) _Germanization of Netherlands Territory._ Seyss-Inquart in his capacity as Reich Commissar for the occupied Dutch Territory, took affirmative steps to assimilate the territory under his jurisdiction politically, culturally, socially, and economically into the German Reich. This action violated Articles 43, 46, 55, and 56 of the Hague Regulations, 1907, the laws and customs of war, the general principles of criminal law, the internal penal laws of the countries in which such crimes were committed, and Article 6 (b) of the Charter.

The more offensive crimes in the above category, such as economic exploitation and enforced conscription are considered in detail elsewhere in this section. Other “Germanization” measures, such as the decrees promoting marriage between German males and female Netherlanders, and altering citizenship laws in favor of Germany, have been previously adverted to.

When he assumed office on 29 May 1940, Seyss-Inquart said in a speech at The Hague:

“We neither will oppress this land and its people imperialistically nor will we impose on them our political convictions. We will bring this about in no other way—only through our deportment and our example.” (_3430-PS_)

The _bona fides_ of the above statement is belied by a public statement made by Seyss-Inquart two years later. In a speech at Hengelo on 19 May 1943 he revealed his true purpose:

“Several times it has been held against me that I have let national socialism come to the fore in all phases in public life. As far as I am concerned that is no reproach, it is a historical mission, which I have to fulfill here.” (_3430-PS_)

Full disclosure of Seyss-Inquart’s intentions and actions with respect to nazification and exploitation of Holland was made in a Top Secret report prepared by him and sent to Berlin covering the situation in the Netherlands during the period 29 May to 19 July 1940. This report was forwarded by Lammers of the Reich Chancellery to Rosenberg. Seyss-Inquart prefaces the report by describing his mission as not merely the guarding of Reich interests and maintaining order, but also the building of close economic ties between the Netherlands and the Reich. The report catalogues in considerable detail the measures initiated by Seyss-Inquart, discusses the building up of the NSDAP in the Netherlands, and adverts to the proposed creation of Nazi para-military and corresponding organizations. It also mentions the efforts made to bring about an assimilation of interests between Holland and Germany in the fields of economics and agriculture, culture, art, and science. The report points out that the allocation of supplies made, and financial and currency arrangements prescribed, were favorable to the Reich; that such transactions were signed by Dutch officials so that the “appearance of being voluntary” was preserved. (_997-PS_)

(_d_) _Spoliation of property._ In his capacity as Reich Commissar for the Occupied Netherlands territory Seyss-Inquart authorized, directed, and participated in the exploitation of the material resources of the Occupied Netherlands territory for purposes unrelated to the needs of the Army of Occupation. These acts were all in violation of Article 6 (b) of the Charter and Articles 43, 46-49, 52 of the Hague Regulations, 1907.

These crimes, for which Seyss-Inquart is responsible not only by virtue of his position as the dominant civil representative of the Reich Government in the Occupied Netherlands territory but also because of his direct participation in the initiation and execution of such criminal policies, took the following form:

Control and exploitation of the Netherlands economy in the interest of the German total war effort.

Levy of excessive occupation charges on the Netherlands.

Exaction of large sums of money and gold as “external occupation costs,” or “contributions to the war against Bolshevism.”

Requisitioning of gold and foreign exchange of Dutch nationals for purposes unrelated to the needs of the occupation army.

Use of German reichsmarks as currency in the Netherlands for purposes unrelated to the needs of the occupation army, with compulsory free exchange of such Reichsmarks for gulden by the Netherlands Bank.

(Evidence of the foregoing methods of exploitation of the occupied Netherlands and correlative enrichment of the Reich is discussed in