Part 2
Secret _Printed by RSHA (Reich Security Main Office) I Org_ Section 2 A III f
Commitment of Manpower from the East. Circular Decree of the Reich Fuehrer SS and Chief of German Police in the Reich Ministry of the Interior dated 20 February 1942—S IV No. 208/42 (foreign workers).
Enclosed I am sending you general regulations concerning the recruiting and the committing of manpower from the East for your information and careful attention.
I have the following additional directives for the Security Police and the SD [Security Service]:
_A. MANPOWER FROM THE ORIGINAL SOVIET RUSSIAN TERRITORY_
_I. General security measures._
1. The commitment of manpower in the Reich from the original Soviet Russian territory results in greater dangers than any other employment of foreigners in spite of the special standards of their way of living, since a complete separation from the German and other foreign laborers and a strict supervision will frequently, in practice and especially at the place of work, scarcely be effected. The Security Police is charged with the responsibility for preventing the danger and it must do everything to accomplish its tasks; that is, to diminish the possibilities of danger to a minimum. Since enforcements cannot be counted on, it is the special task of the inspectors and state police administrative offices to urge the other administrative offices, charged with the commitment of the manpower, to take over the affairs of the Security Police within the sphere of their jurisdiction.
* * * * *
_III. Combatting violations against discipline._
1. According to the equal status of the manpower from the original Soviet Russian territory with prisoners of war, a strict discipline must be exercised in the quarters and at the working place. Violations against discipline, including work refusal and loafing at work, will be fought exclusively by the Secret State Police [Gestapo]. The smaller cases will be settled by the leader of the guard according to instruction of the state police administration offices with measures as provided for in the enclosure. To break acute resistance, the guards shall be permitted to use also physical power against the manpower. But this may be done only for a cogent cause. The manpower should always be informed about the fact that they will be treated decently when conducting themselves with discipline and accomplishing good work.
2. In severe cases, that is in such cases where the measures at the disposal of the leader of the guard do not suffice, the state police office has to act with its means. Accordingly, they will be treated, as a rule only with strict measures, that is, with transfer to a concentration camp or with special treatment.
3. The transfer to a concentration camp is done in the usual manner.
4. In especially severe cases special treatment is to be requested at the Reich Security Main Office, stating personal data and the exact history of the act.
5. Special treatment consists of hanging. It should not take place in the immediate vicinity of the camp. A certain number of the manpower from the original Soviet Russian territory should attend the special treatment; at that time they are warned about the circumstances which led to this special treatment.
6. Should special treatment be required within the camp for exceptional reasons of camp discipline, this is also to be requested.
* * * * *
_IV. Subversive activities against the Reich._
Anti-Reich activities, especially dissemination of communist ideology, propaganda of disunity, sabotage acts, are to be fought against with the strictest measures. The care in obtaining information shall not suffer through quick arrests, in order to catch the whole group of perpetrators. Anti-Reich conduct is, as a rule, to be punished by special treatment, in slighter cases a transfer to a concentration camp may be considered.
_V. Criminal violations [Kriminelle Verfehlungen]._
1. As a matter of principle, criminal violations—regardless of whether committed inside or outside the camp—shall be punished by state police measures. * * *
2. Criminal offenses [Kriminelle Delikte] are generally to be punished as violations against discipline, that is, the state police measures provided for, shall take place in cases of smaller violations, and special treatment shall take place in cases of crimes—such as, murder, homicide, and robbery.
3. Concerning capital crimes against German persons, punishment by criminal court procedure may, however, in an individual case appear suitable. If the (superior) state police agency considers this opportune, it can transfer the case to the prosecuting attorney, under the provision that pursuant to the criminal laws, one can safely count on the death penalty for the perpetrator.
_VI. Sexual Intercourse._
Sexual intercourse is forbidden to the manpower of the original Soviet Russian territory. Because of their closely confined quarters they have no opportunity for it. Should sexual intercourse occur nevertheless—especially by the individually employed manpower on the farms—the following is directed:
1. For every case of sexual intercourse with our German countrymen or women [deutschen Volksgenossen oder Volksgenossinnen] special treatment is to be requested for male manpower from the original Soviet Russian territory, transfer to a concentration camp for female manpower.
2. When exercising sexual intercourse with other foreign workers, the conduct of the manpower from the original Soviet Russian territory is to be punished as severe violation of discipline with transfer to a concentration camp.
_VII. Measures against fraternization with manpower from the original Soviet Russian territory._
1. Special attention is to be paid to the fundamental segregation of manpower from the original Soviet Russian territory from the German population. It is important to prevent a penetration of communistic ideology into the German population by cutting off every contact not directly pertaining to the work and, if possible, to avoid every solidarity between German people and the manpower from the original Soviet Russian territory. Against Germans who act to the contrary, steps are to be taken by the state police according to the situation of the individual case.
2. If German countrymen or women should exercise sexual intercourse or commit indecent acts with manpower from the original Soviet Russian territory, transfer to a concentration camp is to be requested.
3. The intercourse between other foreign workers employed in the Reich and the manpower from the original Soviet Russian territory also brings great dangers to be dealt with by the Security Police; therefore, it should also be fought with measures against the foreign workers. As a rule, the transfer to a correction camp (deportation for Italians) will be proper; this also applies to cases of sexual intercourse.
_VIII. Search._
* * * * *
2. When caught, the fugitive must receive special treatment.
* * * * *
_B. MANPOWER FROM THE BALTIC COUNTRIES AND FOREIGN MANPOWER, NOT OF POLISH ORIGIN, FROM THE GENERAL GOVERNMENT AND FROM THE ANNEXED EASTERN TERRITORIES_
_I. General._
1. This manpower is to be treated uniformly in the Reich by the state police. In view of the political attitude of these nations, or ethnic groups [Volksstaemme] toward the Reich on the one hand and their position in the East on the other hand, they are to be governed by the regulations valid for foreign manpower in general, but are subject to special limitations in their way of living.
2. These limitations consist essentially in a conspicuous separation of this manpower from the German people. Since the employment and housing of this manpower is not closely confined and guarded, it is the task of the Secret State Police to be especially watchful about the observation of the mentioned principle. The Secret State Police has to inform the offices charged with the employment of foreigners through constant communication, that this principle will be considered in all measures of work employment. Settlement of these persons in the Reich, individual billeting in spite of existing collective quarters, position superior to that of a German worker, etc., must not be tolerated. As far as these people themselves violate the established principle, and act unlawfully against Germans by insubordination and acts of violence, such a conduct will be met with state police measures.
3. This manpower must, however, by no means be put on the same level as the Poles or the manpower from the original Soviet Russian territory, on account of their nations’ fundamental antagonism toward the Polish people and Bolshevism. Nevertheless, special attention should be paid to them—especially by the establishment of an active intelligence service among this manpower—since their rather receptive attitude toward the German nation might change into the opposite, but at least could stiffen, because too high political expectations are not fulfilled.
* * * * *
_III. Fighting against breach of labor contract._
1. The fight against breach of labor contract of this manpower is principally the duty of the Secret State Police.
2. This does not mean, of course, an interference with the activity of the Reich trustee of labor, with the means at his disposal in the regulation and settlement of industrial difficulties as long as no active intervention is necessary. If more stringent measures are necessary, the Reich trustee of labor will transfer the proceedings to the Secret State Police.
3. In every case, however, it is the task of the (superior) state police agency to check whether the violation of the working duty by this manpower is not caused by the plant through breach of contract as well as general bad treatment. If the conduct of the concerned manpower appears justified through the fault on the part of this plant, the state police is not to interfere, since this is free manpower.
4. In any other case, however, immediate action is necessary and, in case of a breach of contract on part of this manpower, the transfer to a correction camp is to be ordered, as a rule. In cases of severe repetition the transfer to a concentration camp can also be requested. In the cases of breach of contracts handled by the state police, the Reich trustee of labor has to be informed each time about the decision.
_IV. Criminal violations._
* * * * *
3. * * *. Crimes against decency, acts of violence, and acts of sabotage are to be punished, as a matter of principle, by state police measures (special treatment); however, I have no objection against a transfer of the inquiry proceedings to the competent public prosecutor if, pursuant to the criminal laws, one can safely count on the death penalty for the perpetrator. In these cases it is to be ascertained what the outcome of the trial is; should, against expectations, a death sentence not be passed, a report has to be made to me, attaching copy of the judgment.
Inquiry proceedings concerning other offenses are, as a rule, to be transferred to the competent public prosecutor. If a strong increase of crimes is noted in certain spheres, then there are no objections at all against punishing purely criminal acts, as a deterrent example, by state police measures.
* * * * *
_VI. Sexual intercourse with Germans._
1. The sexual intercourse of the manpower from the Baltic states as well as of the foreign manpower of non-Polish origin from the General Government and from the annexed eastern territories with Germans is punishable by severest penalties. (Changed by Circular Decree dated 23 October 1943.) The workers will be thoroughly instructed through the attached orientation sheet (enclo. 3) [not reproduced] in the foreign languages when they report upon their arrival at the local police offices. An instruction of the German population will be effected through the Party administration offices.
2. The district [Kreis] police offices have received instructions to arrest without delay workers who violate this regulation and to report them to the competent (superior) state police agency.
3. For male manpower who had sexual intercourse with Germans, special treatment is to be requested, for female manpower, transfer into a concentration camp. The directives issued for the special treatment of Polish civil workers are valid correspondingly; this is also applicable for the treatment of the involved German persons.
* * * * *
TRANSLATION OF DOCUMENT 016-PS[78] PROSECUTION EXHIBIT 13
LETTER FROM SAUCKEL TO ROSENBERG, 24 APRIL 1942, AND EXTRACTS FROM REPORT ON SAUCKEL’S LABOR MOBILIZATION PROGRAM, 20 APRIL 1942
The Plenipotentiary for the Four Year Plan The Plenipotentiary General for Labor Allocation GBA
Berlin W. 8, 24 April 1942 Mohrenstrasse 65 (Thuringia House) Phone: 126571
[Stamp]
Bureau of Ministry [Ministerbuero] received 27 April 1942, No. 0887 Min. 28/v Dr. K.P. has been informed
Very esteemed and dear Party Member Rosenberg:
Enclosed please find my program for the mobilization of labor. Please excuse the fact that this copy still contains a few corrections.
Heil Hitler! Yours, [Signed] FRITZ SAUCKEL 5 copies copy for Mr. Wittenbacher. [Signed] WACHS Chancellory 1 May 1942 [Kanzlei] [Stamp] MISCHKE read: ILFL/KS 4.5.42 filed: 1-5, 5/5 42 Pg
To The Reich Minister for the Occupied Eastern Territories, Party Member Rosenberg Berlin
The Plenipotentiary for the Four Year Plan The Plenipotentiary for Labor Allocation 20 April 1942 Sckl./We. _The Labor Mobilization Program_
* * * * *
The aim of this new, gigantic labor mobilization is to use all the rich and tremendous sources, conquered and secured for us by our fighting armed forces under the leadership of Adolf Hitler, for the armament of the armed forces and also for the nutrition of the homeland. The raw material as well as the fertility of the conquered territories and their human labor power are to be used completely and conscientiously to the profit of Germany and their allies.
* * * * *
VII. * * * Should we succeed with the help of the Party to convince all the German intellectual and manual workers of the great importance of the labor mobilization for the outcome of the war, and succeed to take good care of and keep up the morale of all the men, women, and the German youths who work within the labor mobilization program under extraordinarily strenuous circumstances, as far as their physical and mental capabilities of endurance are concerned and should we furthermore be able, also with the help of the Party, to use the prisoners of war as well as civilian workmen and women of foreign blood not only without harm to our own people but to the greatest advantage to our war and nutrition industries, then we will have accomplished the most difficult part of the labor mobilization program.
_The Task and its Solution_
(No figures are mentioned because of security reasons. I can assure you, nevertheless, that we are concerned with the greatest labor problem of all times, especially with regard to figures.)
* * * * *
B. _The Solution_:
* * * * *
3. The armament and nutrition tasks make it vitally necessary, not only to include the entire German labor power but also to call on foreign labor.
Consequently, I immediately tripled the transport program which I found when I took charge of my mission.
The main effort of that transport has been advanced into the months of May-June in order to assure in time and under any circumstances the availability of foreign labor power from the occupied territories for an increased production, in view of coming operations of the army, as well as of agricultural labor in the sector of the German food economy.
All prisoners of war, from the territories of the West as well as of the East, actually in Germany, must be completely incorporated into the German armament and nutrition industries. Their production must be brought to the highest possible level.
It must be emphasized, however, that an additional tremendous number of foreign labor has to be found for the Reich. The greatest pool for that purpose is the occupied territories of the East.
Consequently, it is an immediate necessity to use the human reserves of the conquered Soviet territory to the fullest extent. Should we not succeed in obtaining the necessary amount of labor on a voluntary basis, we must immediately institute conscription or forced labor.
* * * * *
_Prisoners of War and Foreign Workers_
The complete employment of all prisoners of war as well as the use of a gigantic number of new foreign civilian workers, men and women, has become an indisputable necessity for the solution of the mobilization of labor program in this war.
All the men must be fed, sheltered, and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degree of expenditure.
It has always been natural for us Germans to refrain from cruelty and mean chicaneries towards the beaten enemy, even if he has proved himself the most bestial and most implacable adversary, and to treat him correctly and humanely, even when we expect useful work of him.
As long as the German armaments industry did not make it absolutely necessary, we refrained under any circumstances from the use of Soviet prisoners of war as well as of civilian workers, men or women, from the Soviet territories. This has now become impossible and the working capacity of these people must now be exploited to the greatest extent.
* * * * *
Therefore, I want to impress most cordially but also most emphatically upon all the men and women who participate decisively in this war in the labor mobilization program, the necessity to comply with all these necessities, decisions and measures, according to the old National Socialist principle:
Nothing for us, everything for the Fuehrer and his work, that is, for the future of our Nation!
[Signed] FRITZ SAUCKEL [Stamp]
(The Plenipotentiary for the Four Year Plan The Plenipotentiary General for Labor Allocation)
TRANSLATION OF DOCUMENT 084-PS[79] PROSECUTION EXHIBIT 16-A
EXTRACTS FROM INTERDEPARTMENTAL REPORT OF THE MINISTRY FOR OCCUPIED EASTERN TERRITORIES, 30 SEPTEMBER 1942, CONCERNING THE STATUS OF EASTERN LABORERS
Berlin NW 7, Hegelplatz 2, 30 September 1942
Central Office for Members of Eastern Nations Ih (ZO)
Subject: Present situation of the Eastern Labor Problem
* * * The manner and method by which the problems created through the importation of millions of members of the eastern peoples into the Reich are being solved is relevant with respect to two big tasks:
1. the development of the _war situation_,
2. the enforcement of the German _claim for leadership in the East_ after the end of the war.
* * * * *
* * * The facts which, by the fall of 1942, have been changed only partially or incompletely, are, among other, as follows:
1. The _definition_ of workers from the occupied territories of the USSR was narrowed down to the legal labor and social labor concept of “Eastern workers”; thereby, a particular “employment relationship of a special type” was created among “foreigners”—something which had to be looked upon, by those affected, as degrading.
2. The _drafting_ of eastern male and female workers often occurred without the necessary examination of the capabilities of those concerned, so that 5 to 10 percent sick and children were transported along. On the other hand, in those places where no volunteers were obtained, instead of recruiting them pursuant to labor conscription law, coercive measures were used by the police (imprisonment, penal expeditions, and the like).
3. The _allocation_ to enterprises was not undertaken by considering the occupation and previous training but according to the chance assignment of the individual to the respective transports or transient camps.
4. The _billeting_ did not follow the policies for other foreigners, but was done like for civilian prisoners, in camps which were fenced in with barbed wire and were heavily guarded and which they were not permitted to leave.
5. The _treatment_ by the guards was, on the average, without intelligence and cruel so that the Russian and Ukrainian workers, in enterprises with foreign laborers of different nationalities, were exposed to the ridicule of the Poles and Czechs, among other things.
6. The _food_ was so bad and insufficient in the camps for the eastern laborers employed in industry and mining that, on the average, the good capability of the camp members dropped quickly and many sicknesses and deaths occurred.
7. _Payment_ was carried out in the form of a ruling in which the industrial worker would be left on the average with 2 or 3 RM each week, and the farm laborers with even less, so that the wage transfer to their homes became illusory, not to mention the fact that no procedure was as yet developed for such transfer.
8. The _postal service_ with their families was not feasible for months because of the lack of preparatory measures, so that instead of factual reports, wild rumors arrived in their countries—among others, by way of emigrants.
9. The _promises_ which had been made time and time again in the areas of enlistment were in gross contradiction with the facts mentioned under 3 to 8.
Apart from the natural impairment of morale and working capacity resulting from these measures and conditions, the result was that the _Soviet propaganda_ seized upon this matter and exploited it carefully; for this, an ample basis was provided not only by the actual conditions and the letters which reached the home country [of the workers] in spite of the initial blockade, as well as by stories of fugitives and such, but also by the clumsy publications in the German press about the respective legal regulations. As early as April 1942, Commissar of Foreign Affairs, Molotov, in his _note_ to the enemy powers referred to this, especially in section III of that note in which among other things it is stated:
“The German administration is stamping under its feet the long recognized laws and customs of warfare by ordering its troops to take into captivity the male civilian population, in many places even the women, and to apply to them the kind of regime, which the Hitlerites have introduced for the prisoners of war. This does not only mean _slave labor_ for the captured peaceful inhabitants but in most cases also inescapable death by starvation or death through sickness, corporal punishment, and organized mass murders.
“The deportation of peaceful inhabitants to the rear which has been very widely practiced by the German-Fascist Army at the time of its advance is taking on a mass character; it is carried out at direct orders of the Supreme Command of the German Armed Forces (OKW) and its effects are especially cruel in the immediate rear areas during the retreat of the German Army. In a series of documents which have been found by units of the Red Army at the staffs of destroyed German units, there is a reference to the Order of the High Command under No. 2974/41 of 6 December 1941 which orders the deportation of all grown men from the occupied places to prisoner of war camps. * * *
“Sometimes, all the inhabitants were deported, sometimes the men were torn away from their families, or mothers were separated from their children. Only the smallest number of these deported people have been able to return to their homes. _These returnees report about unheard-of degradations, heaviest forced labor, enormous numbers of deaths among inhabitants because of starvation and tortures, about the murder by the Fascists of all the weak, wounded, and sick._”
* * * * *
The effects of this large-scale radio, press, and leaflet propaganda which is based on documentary evidence, a propaganda operating even into German-administered territories, must be considered as one of the main reasons for this year’s stiffening of the Soviet resistance as well as the threatening increase of guerilla bands up to the borders of the General Government.
In the meantime, after a _betterment of the condition of the eastern laborers_ had been insisted upon, not only by the Main Office for Politics in the Reich Ministry for the occupied eastern territories, which has been able to find support in the repeated requests by the High Command of the Armed Forces, but also by the gentleman charged with the responsibility for all labor employment as well as the Department of Labor Employment in the German Labor Movement, which has the supervision of the eastern laborers—those previously existing legal and police rulings have been mitigated and the conditions in the 8-10,000 camps in the Reich have, on the whole, been improved. * * *
In spite of the improvements mentioned as well as others, which in many cases can be traced back to the personal intervention of the Plenipotentiary General of Labor Allocation, the _total situation_ of the eastern laborers (sampling date: 1 October 1942) must still be considered _unsatisfactory_, * * *.
There remains such a _quantity of grievances and problems_ that it would be impossible to relate now.
* * * * *
[Signed] GUTKELCH
TRANSLATION OF DOCUMENT 294-PS[80] PROSECUTION EXHIBIT 19-A
EXTRACTS FROM TOP SECRET MEMORANDUM, SIGNED BY BRAEUTIGAM,[81] 25 OCTOBER 1942, CONCERNING EFFECTS OF SLAVE LABOR PROGRAM
Copy Top Secret Matter of State [Geheime Reichssache] [handwritten:] II 1 1161/44 g Rs. Memorandum
In the East, Germany is carrying on a threefold war: a war for the destruction of Bolshevism, a war for the destruction of the Greater Russian Empire, and finally a war for the acquisition of colonial territory for colonizing purposes and economic exploitation.
* * * With the instinct characteristic of the eastern peoples, even the primitive person has soon found out that for Germany, the slogan “liberation from Bolshevism” was merely a pretext, in order to enslave the Slavic peoples of the East in her own manner. But lest any doubts at all exist as to this German war aim, the German public is, to an ever increasing extent, unabashedly pointing at this intention. Not only for Germany is the conquered territory publicly being claimed as colonization area, but even for Germany’s bitter enemies, the Dutch and Norwegians. * * *
* * * * *
Of primary importance, the treatment of prisoners of war should be named. It is no longer a secret from friend or foe that hundreds of thousands of them literally have died of hunger or cold in our camps. Allegedly there were not enough food supplies on hand for them. It is especially peculiar that the food supplies are deficient only for prisoners of war from the Soviet Union, while complaints about the treatment of other prisoners of war, Polish, Serbian, French and English, have not been heard of. It is obvious that nothing was so suitable for strengthening the resistance of the Red Army as the knowledge that in German captivity a slow miserable death is to be met. To be sure, the Main Department for Politics has succeeded here by unceasing efforts in bringing about a material improvement of the fate of the prisoners of war. However, this improvement is not to be ascribed to political insight, but to the sudden realization that our labor market must be supplied with laborers at once. We now experienced the grotesque picture of having to recruit millions of laborers from the occupied eastern territories, after prisoners of war have died of hunger like flies, in order to fill the gaps that have formed within Germany. Now the food question suddenly no longer existed. With the usual unlimited abuse of the Slavic humanity, “recruiting” methods were used which probably have their model only in the blackest periods of the slave trade.
A regular manhunt was inaugurated. Without consideration of health or age, the people were shipped to Germany, where it turned out immediately that many more than 100,000 had to be sent back because of serious illnesses and other incapabilities for work. It need not be emphasized that these methods would of necessity have their effect on the resistance of the Red Army; of course, these methods were used only in the Soviet Union, and in no way remotely resembled this form in enemy countries like Holland or Norway. Actually we have made it quite easy for Soviet propaganda to augment the hate for Germany and the National Socialist system. The Soviet soldier fights more and more bravely in spite of the efforts of our politicians to find another name for this bravery. Valuable German blood must flow more and more, in order to break the resistance of the Red Army. Obviously, the Main Department for Politics has struggled unceasingly to place the methods of acquiring workers and their treatment within Germany on a rational foundation. Originally it was thought in all earnestness to demand the utmost efforts with a minimum of food. Here, as well, not political insight, but merely the most primitive biological knowledge has led to an improvement. Now 400,000 female household workers from the Ukraine are to come to Germany, and already the German press announces publicly that these people have no right to free time and may not visit theaters, movies, restaurants, etc., and may leave the house at the most three hours a week, except for duty purposes.
In addition, there is the treatment of the Ukrainians in the Reich Commissariat itself. With an unequalled arrogance, we put aside all political knowledge and, to the happy surprise of all the colored world, treat the peoples of the Occupied Eastern Territories as whites of class 2, who apparently have only the task of serving as slaves for Germany and Europe. Only the most limited education is suitable for them, no social services must be given them. Their sustenance interests us only insofar as they are still capable of labor, and, in every respect, they are given to understand that we regard them as of minute value.
* * * * *
Berlin, 25 October 1942
[Signed] BRAEUTIGAM
TRANSLATION OF DOCUMENT L-61 PROSECUTION EXHIBIT 20
LETTER FROM SAUCKEL TO THE PRESIDENTS OF LABOR OFFICES, 26 NOVEMBER 1942, CONCERNING DEPORTATION AND EMPLOYMENT OF POLES AND JEWS
Copy
The Plenipotentiary for the Four Year Plan The Plenipotentiary General for Labor Allocation
Berlin S.W. 11, Saarlandstr. 96 26 November 1942
Va 5431/7468/42 g
To the Presidents of the Landes Labor Offices (excl. Labor Office Brandenburg)
Special-delivery letter Secret
Subject: Employment of Jews. _Specif_: Replacement of Jews in war-essential jobs by Polish labor.
In agreement with the Chief of the Security Police and the Security Service, Jews still employed will now be evacuated from the territory of the Reich and replaced by Poles, who are being deported from the General Government.
The Chief of the Security Police and the Security Service has informed me on 26 October 1942, that it is anticipated that during the month of November the evacuation of Poles in the Lublin district will begin, in order to make room there for the resettlement of Germans.
Poles slated for evacuation, as a result of this measure, will be committed to concentration camps and put to work insofar as they are criminal or asocial elements. The remaining Poles, if fit for labor, will be transported without their families to the Reich, particularly to Berlin; there they will be put at the disposal of the labor allocation offices to serve as replacements for Jews to be eliminated from armament factories.
The Jews who will become available as a result of the employment of Polish labor will be deported _at once_. This will apply first to Jews engaged in unskilled labor since they can be exchanged most easily. The remaining so-called “qualified” Jewish laborers will be left in the industries until their Polish replacements have been made sufficiently familiar with the work processes by a period of apprenticeship to be determined for each case individually. Loss of production in individual industries will thus be reduced to the absolute minimum.
I reserve the right to issue further instructions. Please inform the labor offices concerned accordingly.
To the President of the Landes Labor Office Brandenburg, Berlin W. 62
I transmit the foregoing copy for your information. Insofar as the removal of Jews allocated for work concerns your district, too, I request that you take the necessary measures in cooperation with the competent offices of the Chief of the Security Police and of the Security Service.
[Signed] FRITZ SAUCKEL
TRANSLATION OF DOCUMENT 1063-D-PS[82] PROSECUTION EXHIBIT 21
EXTRACT FROM ORDER OF MUELLER, 17 DECEMBER 1942, CONCERNING PRISONERS QUALIFIED FOR WORK TO BE SENT TO CONCENTRATION CAMPS
Berlin, 17 December 1942
The Chief of the Security Police and the Security Service B. Nr. IV 656/42 Secret
Secret
Distribution—Secret:
All Commanders of the Security Police and the Security Service
All Inspectors of the Security Police and the Security Service
All Commandants of the Security Police and the Security Service
All Chiefs of State Police Headquarters
For information:
The Chief of the SS Economic and Administrative Main Office,
SS Obergruppenfuehrer [Lt. Gen.] Pohl
All Higher SS and Police Chiefs
The Inspector of Concentration Camps
For reasons of war necessity, which need not be specified here, the Reich Leader SS and Chief of the German Police has ordered on 14 December 1942 that at least 35,000 prisoners fit for work are to be committed to the concentration camps before the end of January 1943.
In order to reach this number, the following measures are required:
1. As of now (and for the time being, until 1 February 1943) eastern workers or such foreign workers, who have been fugitives, or who have broken contracts, insofar as they do not belong to allied, friendly, or neutral states, are to be brought by the quickest means to the nearest concentration camps under observance of the simplest formalities listed under No. 3. In order to eliminate or forestall complaints by outside public offices, explanations will be furnished, if required, stating that the measures are essential for reasons of public security on the basis of the facts in the individual cases.
2. The commanders and the commandants of the Security Police and the Security Service, and the Chiefs of the State Police Headquarters will make immediate checks, applying especially rigorous and strict standards, on (a) prisons, and (b) labor correction camps. All prisoners fit for work, if at all possible physically and from a humanitarian aspect, will be committed at once to the nearest concentration camp, according to the following instructions, even if criminal procedures have already been or will be instituted in the near future. Only such prisoners who are to remain in solitary confinement, for investigation purposes, may be left.
* * * * *
By order: [Signed] MUELLER Certified correct. [Signed] HELLMUTH [Seal of Secret State Police] Chief Secretary of Police
PARTIAL TRANSLATION OF DOCUMENT 1526-PS[83] PROSECUTION EXHIBIT 25
EXTRACTS FROM LETTER FROM GERMAN-APPOINTED UKRAINIAN MAIN COMMITTEE TO FRANK, FEBRUARY 1943
Copy
Prof. Dr. Wolodymyr Kubijowytch, Chairman of the Ukrainian Main Committee
Krakow, February 1943
To the Governor General, Reich Minister Dr. Frank.
Your Excellency:
Complying with your request I am sending you this letter, in which I should like to state briefly the critical conditions and the distressing incidents which are creating an especially grave situation for the Ukrainian population in the General Government. * * *
* * * * *
_II. Measures of labor procurement._
The general nervousness is enhanced yet by the wrong methods to obtain labor, which have been used increasingly in recent months.
The wild and ruthless manhunt carried on everywhere in towns and country, in streets, public squares, railway stations, even in churches, as well as in homes at night, has badly shaken the sense of security of the population. Everybody is exposed to the danger of being seized anywhere and at any time by the police, suddenly and unexpectedly, and being taken into an assembly camp. The family does not know what has happened to him, until weeks or months later one or the other gives news of his fate by a postcard.
I beg to mention some instances with their respective proofs:
_a._ During such a drive a schoolboy in Sokal lost his life and another was wounded (App. 2).
_b._ 19 Ukrainian workers from Galicia, all provided with identity cards, were assigned in Krakow to a transport of “Russian prisoners of war” and delivered into a punishment camp in Graz (App. 3).
_c._ 95 Ukrainians from Galicia, recruited for work in Germany by the labor office in the middle of January, were sent via East Prussia to Pskov in Russia, where most of them died as a result of the very severe conditions (App. 4).
_d._ Seizure of workers under pretext of military recruitment (Zalesczyki); kidnapping schoolboys from classes (Biala Podlaska, Wlodawa, Hrubieszow) (App. 5).
* * * * *
_III. Question of Personal Security._
Of a much worse character are the mass executions of absolutely innocent persons * * *.
* * * * *
_Appendix 12_
* * * * *
As this holiday is celebrated by the Ukrainians with great piety, the shootings of these innocent people on this holy day caused great indignance and embitterment. These events depress the Ukrainian population. The view is current that now the shootings of the Jews are coming to an end those of the Ukrainians begin. The case of Ustrzyki is commented upon as follows: The Germans do not care about any non-German sanctity and holidays, they even shoot Ukrainians on the Ukrainian “Schtschedryj Wetschir” (the case in Ustrzyki).
The Ukrainian population is suspicious of all orders given by the German authorities and even keep away from the communal kitchens, for fear that those in need may be considered as beggars and shot.
* * * * *
TRANSLATION OF DOCUMENT 407-V-PS PROSECUTION EXHIBIT 30
EXTRACTS FROM LETTER FROM SAUCKEL TO HITLER, 14 APRIL 1943, CONCERNING LABOR QUESTIONS
G.B.A.
April 14th, [1943]
Sckl./We.
Forwarded We. [in ink] April 15th
To the Fuehrer Obersalzberg
My Fuehrer,
As Gruppenfuehrer Bormann has already informed you, I am going to the eastern areas on the 15th April in order to secure 1 million workers from the east for the German war economy in the coming months.
The result of my last trip to France is that, after exact fulfilment of the last program, another 450,000 workers from the western areas, too, will come into the Reich by the beginning of the summer.
With the addition of about 150,000 workers who furthermore may be obtained from Poland and from the other territories, it will then be possible by summer again to put 5-600,000 workers at the disposal of German agriculture and 1,000,000 workers at the disposal of the armament and other war industries.
I ask for your approval to have the new French workers come into the Reich under conditions similar to those of the last group. I have taken contact with the High Command of the Wehrmacht (OKW).
Since the largest part of the Belgian civilian workers and prisoners of war perform very satisfactorily, I ask you to agree that a similar statute to that which was granted to the French be made for some 20,000 Belgian prisoners of war. This very great concession by you has made a very deep impression upon Laval and the French Ministers. Laval has repeatedly asked me to transmit his sincerest thanks for this to you, my Fuehrer.
1. After one year’s activity as Plenipotentiary for the Allocation of Labor, I can report that 3,638,056 new foreign workers have been added to the German war economy from 1 April of last year to 31 March this year.
As a whole, these forces have produced satisfactory performances. Their feeding and housing is secured, their treatment so indisputably regulated that, in this respect too, our National Socialist Reich presents a shining example compared to the methods of the capitalist and bolshevist world. However, it is naturally inevitable that mistakes and blunders still occur here and there. I will continue to endeavor with the greatest energy to reduce them to a minimum.
In addition to the foreign civilian workers, 1,622,829 prisoners of war are also employed in the German economy.
2. The 3,638,056 workers are distributed amongst the following branches of the German war economy:
Armament 1,568,801 Mining industry 163,632 Building 218,707 Transportation 199,074 Agriculture and forestry 1,007,544 Other branches of the economy 480,298
In addition to the foreign workers, 5 million male and female German workers were channelled into the German war economy proper through transfer from enterprises unimportant to the war effort, to war-essential industries, etc.
* * * * *
Yours faithfully and obediently, [Signed] FRITZ SAUCKEL
The following persons received a copy of the above version:
Reich Marshal Goering
Reichsleiter Bormann
Reich Minister Dr. Lammers
Reich Minister Dr. Goebbels
Additional text on the original letter to the Fuehrer.
Since I will be in the eastern territories on April 20th, I ask you, my Fuehrer, to accept in advance my most sincere congratulations along with those of my district [Gau] and my family.
Let me assure you that the district [Gau] of Thuringia and I will serve you and our dear people with all our strength.
It is the most fervent wish that you, my Fuehrer, may always enjoy the best of health and that we ourselves can serve you to your complete satisfaction.
Faithfully and obediently yours [Signed] FRITZ SAUCKEL
TRANSLATION OF DOCUMENT 407-IX-PS PROSECUTION EXHIBIT 33
LETTER FROM SAUCKEL TO HITLER, 3 JUNE 1943, CONCERNING FOREIGN LABOR SITUATION
The Plenipotentiary for the Four Year Plan The Plenipotentiary General for Labor Allocation 1751/43 [pencilled] forwarded on 6 June 1943
Berlin W 8, 3 June 1943
To the Fuehrer of Greater Germany The Fuehrer’s Headquarters.
My Fuehrer,
I beg to be permitted to read to you [a report] on the situation of the labor allocation for the first 5 months of 1943.
The following number of new foreigners and prisoners of war was for the first time put at the disposal of the German war industry:
January 1943 120,085 February 1943 138,354 March 1943 257,382 April 1943 160,535 May 1943 170,155 ———— TOTAL 846,511
I may remark that it was possible to reach this figure of 850,000 only under great difficulties which had not existed during the previous year and only because all labor allocation agencies, particularly also in the occupied territories, approached their task with the greatest devotion.
Unfortunately, quite a number of our officials and employees became victims of assassination, attack, and the like, by partisans.
In addition to the labor forces put at the disposal of the economy within the Reich, several hundred thousand laborers were made available within the occupied territories by the agencies of the Labor Allocation Administration to the Organization Todt as well as to the enterprises working for the German war economy in the East and the West. Furthermore, it was possible to assign to the Wehrmacht, in addition to a large number of laborers, some considerable numbers of labor volunteers.
Moreover, by virtue of the order concerning compulsory registration, dated 27 January 1943, the following number of men and women are made available.
│ Men │ Women │ Total February │ 14,594 │ 163,012 │ 177,606 March │ 45,606 │ 494,931 │ 540,537 April │ 19,315 │ 269,374 │ 288,689 May │ 11,485 │ 186,683 │ 198,168 │ ———— │ ———— │ ———— TOTAL │ 91,000 │ 1,114,000 │ 1,205,000
However, approximately 600,000 of these persons are available only for less than 48 hours of work per week.
Altogether German war industry recruited 2,000,000 laborers during 5 months of 1943.
Furthermore, as regards wage control and increase of the output of the laborers in the various European territories, especially in France, negotiations were conducted as well as arrangements made and regulations issued, which enabled us to keep the wage system in the occupied European territories in order to secure, as far as possible, the living conditions of laborers working for German interests, in spite of the difficult conditions created by the war, and to increase production by means of wage regulations also in these territories. The coordination of these measures was achieved through agreements with the respective armament and agricultural agencies, as well as with the Reich Commissioner for Price Control.
Heil! Yours faithfully and obediently, [Signed] SAUCKEL
PARTIAL TRANSLATION OF DOCUMENT 3000-PS PROSECUTION EXHIBIT 34
EXTRACTS FROM REPORT RENDERED TO RIECKE, MINISTERIALDIREKTOR IN THE MINISTRY OF AGRICULTURE, 28 JUNE 1943, ON EXPERIENCES IN POLITICAL AND ECONOMIC PROBLEMS IN THE EAST
Freitag, Chief of Main Office III with the Commissariat General in Minsk
Minsk, 28 June 1943 Secret!
[stamp] Main Group Food and Agriculture Rec’d. 14 July 1943; no encl. III E 733/43 Secret
To Ministerialdirektor Riecke in Berlin
Subject: Report on experiences in political and economic problems in the East, particularly the Commissariat General White Ruthenia.
* * * * *
* * * The task of the military agencies and, subsequently, of the German administration, is: “Exploitation of the region for the German war economy,” and the motto: “Everything you do for Germany is right, everything else is wrong!”
* * * * *
* * * The recruitment of labor for the Reich, however necessary, had disastrous effects. The recruitment measures in the last months and weeks were absolute manhunts, which have an irreparable political and economic effect * * * From * * * White Ruthenia, approximately 50,000 people have been obtained for the Reich so far. Another 130,000 are to be obtained. Considering the total population of 2.4 million, these figures are impossible * * *.
* * * * *
* * * Due to the sweeping drives [Grossaktionen] of the SS and police in November 1942, about 250,000 acres of farmland are left unused, as the population has gone and the villages have been razed.
* * * * *
[Signed] FREITAG
TRANSLATION OF DOCUMENT 265-PS[84] PROSECUTION EXHIBIT 35
EXTRACTS FROM REPORT BY LEYSER TO ROSENBERG, 30 JUNE 1943, ON CONDITIONS IN THE DISTRICT ZHITOMIR
The Commissioner General
Zhitomir, 30 June 1943 Secret
Oral report on the situation in the general district [Generalbezirk] Zhitomir, by Commissioner General Leyser, delivered at a conference with Reich Minister Rosenberg, in Vinnitsa, on 17 June 1943.
Mr. Reich Minister,
* * * * *
The symptoms created by the _recruiting of workers_ are, no doubt, well known to the Reich Minister through reports and his own observations. Therefore, I shall not report them. It is certain that a recruitment of labor, in the sense of the word, can hardly be spoken of. _In most cases, it is nowadays a matter of actual conscription by force._ The population has been stirred up to a large extent and views the transports to the Reich as a measure which does in no way differ from the former exile to Siberia, during the Czarist and Bolshevist systems.
* * * * *
To date, almost 170,000 male and female workers have been sent to the Reich from the general district Zhitomir. It can be taken for granted that, during the month of June, this number is going to rise to approximately 200,000.
* * * * *
The struggle which has to be carried on is hard and full of sacrifices. But it will and must be carried through. Enormous moral forces have been mobilized in the personnel of the civil administration in their daily efforts. The successes which they were able to achieve so far are impressive, particularly with regard to the resistance encountered. May I, therefore, be permitted at the conclusion of this report to thank all my co-workers for their excellent work. They know that they are practically on the front. I can promise your Excellency, that we all shall do our duty now, and in the future, as our Fuehrer has ordered.
[Signed] LEYSER
PARTIAL TRANSLATION OF DOCUMENT 204-PS PROSECUTION EXHIBIT 39
EXTRACTS FROM MEMORANDUM OF A CONFERENCE, 18 FEBRUARY 1944, CONCERNING THE RELEASE OF INDIGENOUS LABOR FOR PURPOSES OF THE REICH
The City Commissioner in Kaunas. Kaunas, 18 February 1944. _PROCUREMENT OF INDIGENOUS WORKERS FOR PURPOSES OF THE REICH_
Numerous drives for the purpose of recruiting indigenous workers for the Reich have taken place since the entry of German armed forces into the general district [Generalbezirk] Lithuania in June 1941. A few weeks after the entry of the German troops, thousands of Lithuanian male and female farm workers were recruited at the instigation of the military administration, to work for 6 months on large estates in the Gau East Prussia. _Unfortunately, the promises made then were not kept._ These farm workers were not released after 6 months nor after 12 months; their families remaining behind were left without any support for months; they were for a long time refused a short vacation in Lithuania, and now it is even considered to transfer these farm workers, recruited in 1941 for 6 months, to the armament industry in the Reich.
The second major drive was started by the armed forces in the spring of 1942 and concerned the _collecting of approximately 7,000 male workers as so-called transport helpers_. The action, which was rushed into without sufficient propaganda preparation, was greatly handicapped by unwise measures on the part of the nervous armed forces command. Thus for instance, the Lithuanians, ordered to the official agencies “only for registration”, were not allowed to return home and were taken away under military escort to the local barracks, leaving them no way of either saying good-by to their families or putting in order their most important personal affairs. No wonder that the enemy propaganda exploited this “blemish” with avidity comparing the procedure with the deportation methods used barely a year ago by the Soviets.
Until most recent times, numerous additional drives have been undertaken for the purpose of obtaining volunteers for the armed forces, the police and the Reich Labor Service, or for obtaining workers for the armament industry in the Reich. * * *
* * * * *
Finally it must be recalled that the indigenous administration in its present form and since its inception _has completely failed_ in the question of procuring workers for the Reich. * * *
* * * * *
3. Gauleiter Sauckel requested that _30,000 indigenous workers for the Reich_ be recruited at short order and be shipped to Germany. At a conference between the Commissioner General and the First Councillor General [Ersten Generalrat] on 7 September 1943, the latter offered to assume the entire responsibility for the execution of this drive for the native administration and to recruit and ship the specified number of 30,000 workers by 7 November 1943.
* * * * *
4. In the meantime, Gauleiter Sauckel made an _additional demand_ to the effect that the general district Lithuania had to furnish _100,000 native workers_ (instead of the 30,000 demanded up until now) _for the Reich_. At a conference with all the general councillors on 24 January 1944, the commissioner general did not leave any doubts as to the fact that this number would have to be furnished regardless of any consideration, even at the risk of leaving many work projects in the general district unfinished and permanently removing workers needed on jobs in the country. The responsibility for the execution of this new drive lies again in the hands of the local administration, and, with the consent of the commissioner general, indigenous conscription commissions have been formed with all district chiefs and all chiefs of judicial and local districts. The total number to be made available has been divided up into contingents, and the quota to be furnished by every mayor or district chief was exactly determined. This is the way the matter looks in the district of the City of Kaunas:
New quota, to be supplied 7,000 workers 20 percent addition 1,400 workers ——————— TOTAL 8,400 workers
In the district of the City of Kaunas, according to the records of my labor office on 1 February 1944, there were 7,000 unfilled jobs in industry and the agencies of the armed forces, police, etc., so that to all intents and purposes 15,400 workers would have to be found in the city of Kaunas alone, in order to comply fully with the demands of the Reich and the local economy. _And all that with a total indigenous population of only a little over 130,000._
* * * * *
PARTIAL TRANSLATION OF DOCUMENT R-103[85] PROSECUTION EXHIBIT 40
EXTRACTS FROM A LETTER FROM THE (GERMAN-APPOINTED) POLISH MAIN COMMITTEE TO THE GENERAL GOVERNMENT OF POLAND ON THE CONDITIONS OF POLISH WORKERS IN GERMANY, 17 MAY 1944
Polish Main Committee 5 Vischer Street, Krakow
Krakow, 17 May 1944
To the Administration of the General Government, Main Department Internal Administration, Dept. Population and Welfare, 13 University Street, Krakow
No. Pa 1/724 ———— 6699/44
Subject: Situation of the Polish Workers in the Reich.
The living conditions of about 2 million Polish male and female workers in the Reich have given rise to shortcomings which are largely lowering the will and the capacity to work of many workers, endanger their health and even their lives, and also have a strong influence on the situation of their families within the General Government, thus directly affecting the sphere of our own work.
These bad conditions are felt with particular intensity by those groups of workers who have been assigned for work in factories and have been lodged in large camps [Massenlagern]. With regard to workers on the land, they occur as individual cases and are more easily dealt with. * * *
* * * * *
Food relief allotments—We receive letters from the camps for eastern workers and their large families, beseeching us for food. The quantity and quality of camp rations mentioned therein—the so-called fourth category of rations—is absolutely insufficient to maintain the energies spent in heavy work. 3.5 kg. bread weekly and a thin soup at lunch time, cooked with swedes or other vegetables without any meat or fat, with a meager addition of potatoes now and then, is a hunger ration for a heavy worker.
Sometimes punishment consists of starvation, which is inflicted e.g., for refusal to wear the badge “East”. Such punishment has the result that workers faint at work (Klosterteich Camp, Gruenheim, Saxony). The consequence is complete exhaustion, an ailing state of health, and tuberculosis. The spread of tuberculosis among the Polish factory workers is a result of the deficient food rations meted out in the community camps, because energy spent in the heavy work assigned to them cannot be replaced.
* * * * *
The quantities of bread and [other] food fixed for Polish children in the camps is thoroughly insufficient for building up substance for growing and developing their bodies. In some cases children up to the age of 10 and even more are allotted 200 grams of bread daily, 200 grams of butter or margarine and 250 grams of sugar monthly, and nothing else (factory in Zeititz, near Wurzen, Saxony). * * *
* * * * *
_Care of Children_—* * * An indication of the awful conditions this may lead to is given by the fact that in the camps for eastern workers (camp for eastern workers “Waldlust”, Post Office Lauf, Pegnitz) there are cases of 8-year-old, weak and undernourished children put to forced labor and perishing from such treatment. * * *
_Health Care_—The fact that these bad conditions dangerously affect the state of health and the vitality of the workers is proved by many cases of tuberculosis found in very young people returning from the Reich to the General Government unfit for work. Their state of health is usually deteriorated past hope of recovery.
The reason is that a state of exhaustion resulting from overwork and malnutrition is not recognized as a disease condition until the illness manifests itself in high fever and fainting spells.
* * * * *
_Protection of the Family_—Grave depression is caused among the eastern workers by the order forbidding marriage among them within the borders of the Reich. * * * No less suffering is caused by the separation of families when wives and mothers of small children are torn away from their families and sent to the Reich for forced labor.
* * * * *
_Religious Care_—If under these bad conditions there is no moral support such as is normally provided by regular family life, then at least such moral support which the religious feeling of the Polish population require should be maintained and increased. The elimination of religious services, worship, and religious care from the life of the Polish workers, the prohibition of church attendance at a time when there is a religious service for other people, and other measures show a certain contempt for the influence of religion on the feelings and outlook of the workers. * * *
* * * * *
[Stamp] THE POLISH CENTRAL COMMITTEE
[Signed] [name illegible] President
TRANSLATION OF DOCUMENT 208-PS PROSECUTION EXHIBIT 55
REPORT BY SAUCKEL, 7 JULY 1944, ON THE ACCOMPLISHMENTS OF LABOR MOBILIZATION IN THE FIRST HALF OF 1944
Plenipotentiary of the Four Year Plan Plenipotentiary General for Labor Allocation
Berlin W8, 7 July 1944 65 Mohren Street Thuring House
Secret
NR 520/44/g Dr. ST/Ka
_Special Delivery Letter_
To: All Top Reich Authorities The Reich Leader of the NSDAP All Top Army Agencies All Gauleiters
Subject: Accomplishments of the Labor Mobilization in the first half of 1944.
Enclosed I am submitting the total figures on additional manpower placed at the disposal of the German war effort by the German Labor Offices in the first half-year of 1944. They represent only such manpower that was not previously employed in the German war effort.
According to the quota of 4,050,000 laborers set for this year, 2,000,000 new workers would have had to be secured in the first half of the year. Because of increased difficulties in Italy and in the occupied Western countries, regrettably one-half million less than that were found. If despite the known difficult situation it was possible to mobilize 1,500,000 people in the first half of the year, it is solely due to the exertion of all available energy.
Since the Proclamation of 17 February 1944, around 62,000 women have reported for “Voluntary Honorary Service,” and 52,000 of them have already been assigned to work.
Heil Hitler! [Signed] FRITZ SAUCKEL
Plenipotentiary of the Four Year Plan Plenipotentiary General for Labor Allocation
Berlin, 7 July 1944 _New Manpower Placed at the Disposal of the Economy between 1 January and 30 June 1944_
A. Entire Economy:
Total 1,482,000
Of these were: Germans 848,000 Foreigners 537,400 War prisoners 96,600
B. Breakdown of allocation of [the persons listed under] A:
Agriculture and Forestry 231,000 Of them, foreigners 156,000 Mining 46,000 Of them, foreigners 34,000 Metal industry 415,000 Of them, foreigners 250,000 All other [branches of] economy 790,000 Of them, foreigners 194,000
C. Origin of foreign labor:
Occupied Eastern Territories 284,000 General Government 52,000 Protectorate 23,000 France, excluding Northern France 33,000 Belgium, including Northern France 16,000 Netherlands 15,000 Italy 37,000 Rest of Europe 77,400
TRANSLATION OF DOCUMENT 3819-PS[86] PROSECUTION EXHIBIT 56
MINUTES OF A CONFERENCE ON 11 JULY 1944 ATTENDED BY MILCH, CONCERNING THE LABOR PROBLEM
_LIST OF ATTENDANCE FOR THE CONFERENCE IN THE REICH CHANCELLERY ON 11 JULY 1944 1600 HOURS_
Name Official capacity Agency Dr. Kuehne Chief of Mil. Adm. [illegible]
(1) Warlimont General of Artillery [Lt. OKW Gen.]
Dr. Kohlhaase Director of Labor Section of the Supreme Commissioner, Adriatic Coast, Trieste
Dr. Landfried State Secretary, Chief of Italy Mil. Adm.
(2) Walter Funk and Albert Speer
Milch [illegible]
(3) Krosigk
(3) Steengracht State Secretary Foreign Office
Abetz Ambassador German Embassy in Paris
Hanel [?] Major General Armaments Commissioner Staff, France
von Linstow Colonel, GSC Military Commander, France
Sass Colonel, GSC General [Plenipotentiary] for Italy
Franssen Major General Armaments Inspector, Belgium
Waeger Major General Armaments Office
Sarnow Ministerialdirektor Gen. Staff of Army, QM Section
Koegel Lieut. Col., GSC Gen. Staff of Army, QM Section
Reeder Chief of Mil. Adm. Brussels
Heider Chief of General Staff Brussels (4) Ley
(5) Sauckel Labor Plenipotentiary Berlin
H. Backe Minister Reich Food Ministry
Marrenbach Chief [of Dept.] German Labor Front
Leyers Armaments Plenipotentiary Italy
Also present:
Ministerial Direktor Klopfer (Party Chancellery) Ministerialrat Froehling Ambassador Rahn Dr. Huber (6) Chief of Police, Dr. Kaltenbrunner General Labor Fuehrer Kretschmann Colonel Meixner (OKW)
(1) United States _vs._ Wilhelm von Leeb, et al. See vols. X and XI.
(2) Trial before International Military Tribunal. See Trial of Major War Criminals, vols. I-XIII, Nuremberg, 1947.
(3) United States _vs._ Ernst von Welzsaecker et al. See vols. XII, XIII and XIV.
(4) Trial before International Military Tribunal. See Trial of the Major War Criminals, vols. I-XLII, Nuremberg, 1947.
(5) Ibid.
(6) Ibid.
Berlin, 12 July 1944
_To Rk. 5815 C_
Subject: Stepped-up Procuring of Foreign Manpower
Executive Conference, 11 July 1944
_Note_
Participating in the executive conference were the departmental chiefs and representatives indicated in the attached list of those present. No guarantee can be given for the completeness of the list, as not all participants signed the register.
_Reich Minister Dr. Lammers_[87] reported by way of introduction on the various proposals on hand by the Plenipotentiary General for Labor Allocation calculated to bring about the increase in labor in Germany which is absolutely essential for winning the final victory. He limited the theme of the discussion by saying that all possibilities were to be examined by which the present deficit of foreign manpower could be offset, for example, the question of the reestablishment of an acceptable price and wage differential between the Reich and non-German territories. But the primary consideration will have to remain the solution of the question whether and in what form greater compulsion could be exerted to accept work in Germany. In this connection it must be examined how the police agencies, regarding the inadequacy of which the Plenipotentiary General for Labor Allocation has serious complaints, could be strengthened, on the one hand, through bringing influence to bear on the foreign governments and, on the other, through reorganizing the indigenous police forces by an increased use of the Wehrmacht, the police or other German agencies. Reich Minister Dr. Lammers then gave the floor to the Plenipotentiary General for Labor Allocation, Gauleiter Sauckel.
_Gauleiter Sauckel_ stated that the present deficit of the half-year program for 2,025,000 foreign workers, to be filled by 30 June of the current year, totals 500,000. Of the total of 1,500,000 workers procured up to now, no less than 865,000 were Germans, of whom half were apprentices and women, two categories which cannot be regarded as full-fledged workers. Of the 560,000 foreigners put to work, three-fourths came from the East alone. This result was a scandal considering that the German people now are mobilized for work to the fullest extent and it represents the complete bankruptcy of German authorities in Italy and France, where hundreds of thousands of workers were still idling. In mobilizing the manpower we did not exert the necessary severity and, in particular, we were unable to achieve the necessary unity of the German authorities. It was quite improper for German authorities to interfere irresponsibly in the tasks of the GBA [Plenipotentiary for Labor Allocation]. He had to have much greater freedom of action, just as was the case in 1942. With the present methods of recruitment for voluntary employment we would not make any progress, for one thing because any volunteers still available exposed themselves to danger to life and limb from reprisals by their own fellow countrymen. If, on the other hand, they were forcibly hired and decently treated at their jobs, they would do completely satisfactory work. Attention to the wage and price questions connected with the subject was desirable, but in the present situation no longer so important. If no effective action were taken now, our manpower mobilization program would fail, with the consequence that the combat troops would no longer receive the weapons they need.
_State Secretary von Steengracht_, Foreign Office, stressed that the Reich Foreign Minister from the beginning had favored the same standpoint as the Plenipotentiary General for Labor Allocation. The Foreign Office, however, could do nothing except press the foreign governments more or less urgently to meet German demands, and this has been done consistently up to the present. The police power was handled by others who, therefore, would now have to voice their opinion on the subject of the conference.
_The Deputy for the Chief of the OKW, General Warlimont_, referred to a recently issued Fuehrer order, according to which all German forces had to put themselves at the disposal of the task to secure manpower. Wherever the Wehrmacht was not employed exclusively in essential military duties (as, for example, in the construction of the coastal defenses), it would be available, but it could not actually be _assigned_ for the purposes of the GBA [Sauckel]. General Warlimont made the following practical suggestions:
_a._ The troops employed in fighting partisans are to take over the additional task of securing manpower in the partisan areas. Everyone who cannot fully show cause for his presence in these areas is to be seized for labor;
_b._ When large cities, due to the difficulty of providing food, are wholly or partly evacuated, the population suitable for labor commitment is to be put to work with the assistance of the Wehrmacht;
_c._ The seizing of labor recruits among the refugees from the areas near the front is to receive special attention with the assistance of the Wehrmacht.
_Gauleiter Sauckel_ accepted these suggestions with thanks and said that he expected that a certain measure of success would no doubt be achieved by these means.
On behalf of the _Military Commander of Belgium and Northern France_, the _Chief of the Military Administration, Reeder_, put up for discussion the possibility of expanding the Military Police, now totaling only 70, and of the Civilian Searching Service [Fahndungsdienst] consisting of Flemings and Walloons (1,100 strong). If the Military Police were increased to 200, appreciable results could be achieved. Upon inquiry by Reich Minister Dr. Lammers, General Warlimont promised on behalf of the OKW that the searching service would be reinforced.
On further inquiry by Reich Minister Dr. Lammers, as to whether the population suitable for work could not be taken along as the troops withdrew from an area, _Colonel Saas_ ([_Plenipotentiary_] _General for Italy_) stated that Field Marshal Kesselring had already directed that the population in a zone of 30 kilometers’ depth behind the front was to be “captured”. This measure, however, could not be extended to areas extending farther behind the lines, because of the most severe shock that would be inflicted on the whole structure of these areas, especially in regard to the industry still in full production.
_Gauleiter Sauckel_ was of the opinion that widest circles of the Wehrmacht saw something disreputable in the labor recruiting program. There had been actual instances where German soldiers had endeavored to protect the population from being taken away by German labor recruiting agencies. Therefore it was essential to explain to the front troops the extraordinary importance of labor recruiting. In contrast to the much too mild German method, it was part of the Bolshevist conception of war for the fighting troops, on occupying a new territory, to put the entire population to work at once. The question for the administration thus was not one of mass recruiting, but of being consistent. It would be necessary to establish a few object lessons, and the passive resistance would quickly change into active cooperation. Nor ought one to shrink from proceeding drastically against the administrative heads [Behoerdenleiter] themselves who sabotage the labor recruitment. Not the small refractory offenders should be punished, but the responsible administrative heads. In addition to these compulsory measures, other means too must be applied. Thus it would be advisable to remove a large part of the exceptional Italian crops in order to improve the rations of the German and foreign workers. A special problem was presented by the entirely insufficient rations for the Italian military internees who were almost starving. The Fuehrer should be asked to have the statute for these military internees gradually altered. This would release a not inconsiderable labor potential.
_Reich Leader Dr. Ley_ underscored these statements and suggested the establishment of a searching service made up by all German forces in the non-German territories, that would carry out the ruthless recruiting in large areas.
These proposals were countered by the following objections:
_Reich Minister Funk_ holds that ruthless raids would entail considerable disturbances in the industries of the non-German territories. The same opinion is held by the _Chief of the Military Administration of Italy, State Secretary Dr. Landfried_, who believes that the German forces making up the executive body are too weak, and fears that the Italian population would escape seizure in great numbers and flee to uncontrollable areas.
_Reich Minister Speer_ states that he had an interest in both promoting increased labor recruiting for the Reich and maintaining the production in the non-German territories. Up to the present, 25 to 30 percent of the German war production was furnished by the occupied Western territories and Italy, with Italy alone supplying 12½ percent. The Fuehrer had recently decided that this production must be maintained as long as possible, in spite of the difficulties already existing, especially in the field of transportation. The Military Administration, in the opinion of Reich Minister Speer, was easily capable to seize sufficient foreign workers at its present strength, as only a relatively small police force was needed for that purpose. The chief need was for stricter orders, but violent measures or large-scale round-ups were not to be carried out. Rather it would be advisable to proceed gradually with clean methods.
On behalf of the _Military Commander in France, Chief of Military Administration Dr. Michel_, referred to the statements of State Secretary Dr. Landfried and stated that the situation in France was similar. The calling up of entire age groups was being prepared in France, but had not yet begun as the German military authorities had not yet been able to give their consent. The good will of the highest French authorities could not be doubted, but it was lacking partly at the lower and middle levels. The friendly administrators and individuals willing to work and showing cooperativeness toward the German authorities, exposed themselves to reprisals by the French population.
_Ambassador Abetz_ confirmed these statements. The application of severe measures, such as the shooting of French functionaries, was of no avail. Such a policy only served to drive the population into the Maquis. In these territories, where there were large German armed forces, it would no doubt be possible to obtain a few more ten-thousands of workers. Then these same German forces could be employed in police duty, which would also turn up large numbers of workers. In Paris, the evacuation of which was being considered, 100,000 to 200,000 workers could be seized. In this connection it might be possible to transfer the manpower of entire industries in a body.
The _Chief of the Security Police, Dr. Kaltenbrunner_, declared himself willing, if asked by the GBA, to place the Security Police at his disposal for this purpose, but pointed out their numerical weakness. For all of France he had only 2,400 men available. It was questionable whether entire age groups could be seized with these feeble forces. In his opinion, the Foreign Office must exercise a stronger influence on the foreign governments.
_State Secretary von Steengracht_, Foreign Office, commented to the effect that the agreements made with the foreign governments were entirely sufficient. The governments had always been willing, upon requests of the Foreign Office, to issue the necessary orders. If these orders were not carried out, this was due to the inadequate police power of the foreign governments themselves. In France, it had been reduced to a minimum for political reasons. In Italy an executive power was no longer extant. The Foreign Office was willing at any time, he said, to exercise stronger pressure on the foreign governments, but did not expect too much from that. State Secretary von Steengracht asked Ambassador Rahn to comment on this for Italy.
_Ambassador Rahn_ believes that there is still a sufficient number of workers in Italy, so that in theory 1 million could still be taken out, although 2/3 of the Italian territory and population had been lost. He had always been in favor of the system of drafting age classes. This was generally successful until the fall of Rome, as could be seen from the fact that it was possible to seize 200,000 Italians for military service. Since that time the situation in Italy had become extremely difficult, however, as the fall of Rome was an enormous shock to the Italian people. The German authorities had done what they could to neutralize these effects and to that end had merged all executive power in the person of Marshal Graziani. At present, however, the use of violent methods on a large scale was impracticable because it would cause complete disorder and disrupt production. The best example for this is the retaliatory action ordered by the Fuehrer because of the strikes in Turin, when 10 percent of all factory labor forces were to be conscripted because they were shirkers. A force of 4,000 Germans was brought together for that purpose. The result was that the food and power supply of Turin was cut off by the resistance movement so that 250,000 workers had to stop working. This could not be tolerated in view of the substantial contribution of the Italian armament industry to the war effort. Field Marshal Kesselring declared that continuation of forced recruitment would cause not only the loss of the armament production in the upper Italian area, but the loss of the entire theater of war. In the face of this statement the hardiest political will must keep silent. The only thing which could be done was the execution of the forced recruitment in the rebellious area proper. Ambassador Rahn believes the following practical suggestions could be carried out:
_a._ The recruitment of volunteers is to be continued.
_b._ To a limited extent, plants are to be transferred to the Reich with machinery and workers.
_c._ The transfer of wage savings of the Italian workers in Germany to their homeland, which is not functioning well, is to be ensured. For this purpose an automatic procedure is to be introduced which Ambassador Rahn had already proposed in another connection.
_d._ The system of the induction of age classes will be resumed when the German military authorities consider the time ripe.
In answer to the reported remark of Field Marshal Kesselring, _General Warlimont_ (OKW) commented that this remark was unknown to the OKW. The OKW’s approval of this standpoint could therefore not yet be assumed.
_Gauleiter Sauckel_ declared that all these proposals were inadequate since they were not suited to mobilize the masses of manpower which he needed. The execution of all these proposals had already been tried in practice since the labor mobilization authorities had at no time limited themselves to any single method. He still had to name as seriously damaging to the execution of the labor mobilization plan the fact that his far-reaching jurisdiction and powers had been made the subject of discussion. What he needed, as already said, was “elbow room”.
At the suggestion of Reich Minister Dr. Lammers, Gauleiter Sauckel declared himself willing to set up several programmatic demands on which he would consult with the interested parties and which then would be submitted to the Fuehrer with a request for endorsement and translation into law. A written formulation will follow. For the time being the Plenipotentiary General for Labor Allocation presents his demands as follows:
_a._ The proposals of General Warlimont will be discussed directly among the interested parties and will be carried out jointly.
_b._ The Plenipotentiary General for Labor Allocation receives permission to establish local security and recruiting machineries for labor recruitment, which will operate on the basis of his orders and directives without interference by other offices.
_c._ The regulations on recruitment of labor for Germany promulgated by French and Italian authorities are to be given solid foundations by concrete implementation orders which guarantee the most active collaboration of foreign authorities in the acquisition of manpower.
After these statements were made Reich Minister Dr. Lammers closed the meeting, pointing out that he would leave the further handling of the problem to those concerned, as proposed.
[Initialed] L. [LAMMERS]
PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 1
EXTRACT FROM REPORT ON FUEHRER CONFERENCE ATTENDED BY MILCH ON 19 FEBRUARY 1942
_POINTS OF DISCUSSION ON VISIT TO FUEHRER HEADQUARTERS ON 19 FEBRUARY 1942_
* * * * *
16. Upon recommendation of Field Marshal Milch, the Fuehrer decides that the 6-month contracts for foreign workers should be dropped and that tax regulations, which stand in the way against this measure, are to be rescinded. Rather, contracts are to be introduced which would provide, in the event of employment of longer duration (exceeding six months), a single lump sum compensation of some kind—also in view of the fact that there would be a corresponding saving of the cost of travel back and forth.
PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 32
EXTRACT FROM THE FUEHRER CONFERENCE MINUTES, 21 AND 22 APRIL 1942
_POINTS OF DISCUSSION FROM THE FUEHRER CONFERENCE OF 21 AND 22 APRIL 1942_
* * * * *
SPEER:
20. The Fuehrer explains clearly in an elaborate form that he does not approve the bad food dispensed to the Russians. The Russians must absolutely be given sufficient food, and Sauckel has to see to it that this food will now be guaranteed by Backe.
21. The Fuehrer is surprised that the civilian Russians are kept like prisoners of war behind a barbed wire fence. I told him that this was due to a decree issued by him. The Fuehrer knows nothing of such a decree. I request the documents pertaining thereto to be included in the forthcoming Fuehrer file and at the same time to see to it that Sauckel will arrange to have the civilian Russians no longer treated like prisoners of war.
PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 2
EXTRACT FROM THE FUEHRER CONFERENCE MINUTES OF 3, 4, 5 JANUARY 1943
Berlin, 8 January 1943 _POINTS OF DISCUSSION AT THE FUEHRER CONFERENCE OF 3, 4, 5 JANUARY 1943_
* * * * *
SPEER:
55. The Fuehrer demands unequivocally that in no case must it be permitted that France be less burdened than Germany. Germany must sacrifice her blood for this war. We must insist that France intensify her economic contribution. Any French workers on that job showing signs of resistance will be deported, if necessary, as civilian internees. At the slightest attempt of sabotage the most rigorous measures must be taken. Any maudlin humanitarianism is out of place.
TRANSLATION OF DOCUMENT 407-II-PS[88] DEFENSE EXHIBIT 3
REPORT FROM SAUCKEL TO HITLER, 10 MARCH 1943, CONCERNING DIFFICULTIES ORIGINATING FROM THE DRAFT OF MANPOWER IN FORMER SOVIET TERRITORIES
_Teletype_ 10 March 1943
To the Fuehrer Fuehrer Headquarters
_With the urgent request to be submitted to the Fuehrer in person immediately for decision_
Subject: Difficulties originating from draft of manpower in former Soviet territories.
My Fuehrer,
You may be assured that the labor assignment is being pushed by me with fanatical will but also with circumspection and with due consideration for economic and technical as well as human necessities and conditions.
Replacement for soldiers who will be relieved and the stockpiling of additional labor needed for the armament programs can and will be carried through, notwithstanding the fact that especially during the last two winter months the greatest difficulties had to be overcome. Yet it was possible to make 258,000 foreign workers available to the war economy for January and February alone despite the fact that in the East transports practically ceased. The employment of German men and women is in full progress.
Inasmuch as the difficulties of the winter months will now gradually disappear, and as preparations were made by me, also the transports from the East can again be resumed in full measure. Although the yield of the registration and employment of German men and women is excellent, the employment of the strongest and most efficient foreigners who are used to work cannot be neglected.
Unfortunately, some of the commanding generals [Oberbefehlshaber] in the East have prohibited the compulsory enrollment of men and women in the conquered Soviet territories for—as Gauleiter Koch[89] informs me—political reasons.
My Fuehrer, in order to enable me to carry out my assignment, I ask that these orders be rescinded. I consider it entirely impossible that the population of former Soviet nationality could be accorded a greater measure of consideration than our German people on whom I have been forced to place very drastic measures. Should it no longer be possible to enforce the compulsion to work in the East, nor to draft labor, then the German war economy and agriculture will likewise no longer be able to fulfil their tasks in full measure.
I myself am of the opinion that under no circumstances should the commanders of our armies give credence to the Bolshevist propaganda of atrocities and defamation. After all, it is to the interest of the generals themselves that replacements for the troops be made in opportune time.
I take permission to point out that—without wishing to discredit their best will—it is impossible to put German women—entirely inexperienced in work—into the place of hundreds of thousands of excellent workers who now have to go to the front as soldiers. It must be possible for me to replace them with people from the Eastern territories.
I myself report to you that all foreign nationals who are working with us are being treated satisfactorily according to humane standards; that they are being treated correctly and fairly; they are being fed, housed, yes, even clothed. Because of my own experience in the service of foreign nations, I am even bold enough to claim that never before have foreign workers been so decently treated anywhere in the world as is being done by the German people during this the hardest of all wars.
I therefore ask you, my Fuehrer, to cancel orders which prevent the enrollment of foreign male and female workers and to kindly advise me whether my concept of the assignment as laid down herein still is correct.
I ask your permission to report to you in person on several important points of the labor recruitment early next week, possibly on Tuesday.
In lasting gratitude, loyalty and obedience, yours,
[Signed] FRITZ SAUCKEL
PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 33
EXTRACT FROM REPORT ON FUEHRER CONFERENCE OF 30 MAY 1943
Obersalzberg, 1 June 1943 _Fuehrer Conference on 30 May 1943_
* * * * *
SPEER: [Marginal Note] Schieber, Pleiger, Sauckel, Backe, Keitel, Waeger.
19. The coal situation causes the Fuehrer to call a meeting with Pleiger, Sauckel, Backe, and Keitel.
At this meeting will be discussed the allocation of sufficient labor for the coal district, the removal of Russian prisoners of war from farming and small war industries (insofar as they are employed as unskilled labor) and their replacement by other workers from the Ukraine, Poland, etc.
Furthermore it is intended, if possible, to raise the food rations of the German miners, even above present levels. The Russians are to get plentiful additional rations, which will be individually allotted by plant managers on the basis of efficiency.
Additionally the German workers—and particularly also the Russian prisoners of war—will receive bonuses for higher production in the form of tobacco and similar items.
The details are to be discussed in a preliminary conference so as to establish uniform data as regards quantities, etc., for submission to the Fuehrer.
On no account must we capitulate to existing conditions on the coal question. Coal is _the_ critical basis for maintaining our production and the entire domestic economy.
[Marginal Note] Saur, Kippung, Milch, Dornberger.
20. The Fuehrer desires that in areas which are certainly recurrent targets of enemy air attacks (Ruhr District, Krupp-Essen) about 100 to 200 rocket projector batteries be installed, which experimentally are to fire a steady stream of rockets set for the computed altitude of the enemy formations.
Some of these rockets will, on detonating, loose wire coils. The Fuehrer expects, after all, significant and not only psychological effects from massed, unaimed fire against concentrated air attacks on these targets.
Milch and Dornberger are to state their views on the subject.
PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 4
EXTRACT FROM REPORT OF FUEHRER CONFERENCE OF 11-12 SEPTEMBER 1943
14 September 1943 _FUEHRER CONFERENCE OF 11-12 SEPTEMBER 1943_
* * * * *
DETHLEFFSEN:
16. The Fuehrer brings up the question of air force matériel production and the discussion with Messerschmitt, and asks for my personal intervention with the Reich Marshal [Goering] and Field Marshal Milch to cut down appreciably on the number of aircraft types.
17. The Fuehrer approves Messerschmitt’s recommendation that a monthly conference be held on questions pertaining to developments and productions for the Luftwaffe, on the introduction of new types and modifications with the participation of construction designers and production experts. This is to be discussed with Field Marshal Milch.
MILCH:
18. The Fuehrer is displeased that the long-range Messerschmitt plane had not yet been taken up by the Luftwaffe. M. is said to have been unable to obtain the support of the Luftwaffe for it.
PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 34
EXTRACT FROM FUEHRER CONFERENCE OF 1-4 JANUARY 1944, CONCERNING SPEER’S REPORT ON THE FRENCH LABOR SITUATION
6 January 1944 _FUEHRER CONFERENCE OF 1-4 JANUARY 1944_
* * * * *
[Marginal Note] Kehrl, Waeger.
The Fuehrer has been informed of the differences of opinion with the Plenipotentiary General for Labor Allocation. According to my arguments, the principal thing is to exploit the industry of France for Germany to a larger extent, in order to be able to locate there about 1 million additional workers. However, Sauckel is of the opinion that first of all workers have to be brought to Germany.
The Fuehrer explains that in his view the transfer to France is of extreme importance, be it only on account of the possibility to increase the production of iron connected therewith. In spite of this, in his opinion, one cannot do without bringing additional French labor to Germany. It must, therefore, be attempted to find a happy union of both things. In this connection he proposes to designate protected works in France, in order to induce the French to work in these plants just through the pressure of allocation of labor for Germany. Upon my statement that the protected plants have already been established, he affirms again the importance of this institution and the necessity to create here a basis of long-range confidence. He thinks that it is my affair whether I will be able to do without French labor or not; Sauckel could be only happy if I would do without them.
Upon my reply that this is not the only problem, but that also the question of the _executive power_ is involved, since otherwise a loss of prestige for Germany and a disorder in the allocation of French labor would be inevitable, the Fuehrer declares that this is, of course, one of the most important bases for further discussions. I then told him that on 3 January there will be a meeting between Himmler, Keitel, Sauckel, and myself (Kehrl) (is the Foreign Office to be included?), at which these problems will be discussed. Subsequently there shall be a meeting with him, at which the possibility of executive power in France, as far as the allocation, and the transport of French workers to Germany is concerned, will be laid before him. (Kehrl to do advance work, that we also make a claim for executive power for the protection of the factories in France against terror bands.)
[74] The basic importance of this Hitler conference on 23 May 1939 was emphasized by the IMT Judgment. See Trial of Major War Criminals, vol. I, pp. 188 and 200, Nuremberg, 1947.
For translation of entire document see Nazi Conspiracy and Aggression, vol. VII, pp. 847-854, U.S. Government Printing Office, Washington, 1946.
[75] When the prosecution introduced this document in evidence, the following colloquy ensued (Tr. p. 49):
JUDGE SPEIGHT: Do you establish a chain between all of these documents which you read and the defendant?
MR. DENNEY: If your Honor please, the prosecution, in presenting these documents, has in mind to give an over-all picture of the way slave labor was treated in Germany, going back to the early days showing that this defendant knew because of attendance at the May 1939, conference that slave labor was going to be employed. Then as Air Ordnance Master General, later as Chief of the Jaegerstab, and later as a member of the Central Planning Board, we will connect him with enterprises involving slave labor.
JUDGE SPEIGHT: Very well.
[76] Allgemeines Wehrmachtamt of the Oberkommando der Wehrmacht. See case of United States _vs._ Wilhelm von Leeb, et al., vols. X, XI.
[77] For more complete translation of document see Nazi Conspiracy and Aggression, vol. V, pp. 744-754, U.S. Government Printing Office, Washington, 1946.
[78] For complete translation of document, see Nazi Conspiracy and Aggression, vol. III, pp. 46-59, U.S. Government Printing Office, Washington, 1946.
[79] For complete translation of document, see Nazi Conspiracy and Aggression, vol. III, pp. 130-146, U.S. Government Printing Office, Washington, 1946.
[80] For complete translation of document, see Nazi Conspiracy and Aggression, vol. III, pp. 242-251, U.S. Government Printing Office, Washington, 1946.
[81] Otto Braeutigam, member of the Economic Political Department of the Foreign Office. As of May 1941 detached by the German Foreign Office to Rosenberg’s Agency, the Eastern Ministry (Ost-Ministerium).
[82] For more complete translation of document, see Nazi Conspiracy and Aggression, vol. III, pp. 778-9, U.S. Government Printing Office, Washington, 1946.
[83] For more complete translation of document, see Nazi Conspiracy and Aggression, vol. IV, pp. 79-93, U.S. Government Printing Office, Washington, 1946.
[84] For more complete translation of document, see Nazi Conspiracy and Aggression, vol. III, pp. 234-238, U.S. Government Printing Office, Washington, 1946.
[85] For more complete translation, see Nazi Conspiracy and Aggression, vol. VIII, pp. 104-107, U.S. Government Printing Office, Washington, 1946.
[86] For more complete translation, see Nazi Conspiracy and Aggression, vol. VI pp. 760-772, U. S. Government Printing Office, Washington, 1946.
[87] United States _vs._ Ernst von Welzsaecker, et al. See Vols. XII, XIII, XIV.
[88] After Dr. Bergold read this document into the record he made the following statement (Tr. pp. 520-521):
“Which proves that until March 1943, the commanders in the conquered territories were opposed to the labor conscription, and that it was Sauckel who demanded that this opposition be removed, because he was of the opinion that foreign people had to produce the same as the German people. It is further important that he didn’t declare that to the Fuehrer alone but also to the defendant [witness] Speer and the defendant Milch. Accordingly, the defendant [witness] Speer later on will attest that never before have foreigners been treated so fairly. In other words, he lied to the men who were to work with him.”
[89] 1130-PS. See Nazi Conspiracy and Aggression, vol. III, pp. 797-799, U.S. Government Printing Office, Washington, 1946.
2. THE CENTRAL PLANNING BOARD
_EXCERPT FROM THE STATEMENT OF THE PROSECUTION REGARDING MILCH’S ACTIVITY IN THE CENTRAL PLANNING BOARD, 6 JANUARY 1947_[90]
MR. DENNEY: We come now to the part of the proof which places the defendant in the very center of the Slave Labor Program.
We have shown that from the outset of the war and prior thereto, he was thoroughly informed of the Nazi plan for total war, which contemplated the full use of all human material resources within the homeland. We will show he was active in the formation and announcement of decisions of the Central Planning Board. We will show the Board exercised jurisdiction in the matter of procurement, allocation, and use. He carried out the master plan for requisition, allocation, and use of human raw material for the war machine. There are words we will have by necessity to repeat as we introduce the documents—requisition, allocation, and use.
Our evidence will show that Milch, a member of the Central Planning Board, belonged to an organization—and here again we have another important word “belong”. He was one of two most essential men in the Planning Board that guided the decisions of that organization.
We will present to the Court excerpts from the minutes of some 12 conferences at every one of which Milch was present, starting with the first held in April 1942 and ending with the fifty-eighth held in May 1944. Actually, he was at all but eight conferences, and we use the figure “eight” advisably. We are not sure, he may have been in some of those. There is no question that he was in every one of those meetings which we introduce here. On occasions when Speer was not present Milch presided. We will show he actively participated when the Central Planning Board arrived at decisions with respect to the request, allocation, and use of this labor.
We will show he was active in the formation of the announcement of decisions of the Central Planning Board. We will show the Board exercised jurisdiction in the matter of procurement, allocation, and use of labor. And all of them were prisoners of war and were allocated to the German war effort. Requisition, allocation, and use were the dominating voice. Decisive influence, active participation, forced labor, illegal occupation—these are the words with which we are concerned, and these are the things with which he concerned himself.
Evidence
_Prosecution Documents_
Doc. No. Pros. Ex. No. Description of Document Page R-124 48-B Stenographic record of the 447 first conference of the Central Planning Board on 27 April 1942.
R-124 48-B Letter of 20 October 1942 448 transmitting the statutes of the Central Planning Board.
1510-PS 58 Extracts from decree of 16 450 September 1943, defining the duties of the Planning Office of the Central Planning Board.
3721-PS 41-A Testimony of Fritz Sauckel, 22 452 September 1945, regarding the jurisdiction of the Central Planning Board.
NI-1098 63 Extracts from affidavit of 456 Fritz Sauckel, 22 September 1946, regarding the jurisdiction of the Central Planning Board.
R-124 48-A Extracts from report on the 457 eleventh conference of the Central Planning Board, 22 July 1942.
R-124 48-A Extracts from report on the 459 seventeenth conference of the Central Planning Board, 28 October 1942.
R-124 48-A Extracts from stenographic 461 minutes of twenty-first conference of Central Planning Board, 30 October 1942.
R-124 48-B Extracts from stenographic 465 minutes of the twenty-third conference of the Central Planning Board, 3 November 1942.
R-124 48-A Extracts from stenographic 467 minutes of the thirty-third conference of the Central Planning Board, 16 February 1943.
R-124 48-A Extracts from stenographic 471 minutes of the thirty-sixth conference of the Central Planning Board, 22 April 1943.
R-124 48-A Report of the forty-second 475 conference of the Central Planning Board, 23 June 1943.
R-124 48-A Extracts from stenographic 478 minutes of the fifty-third conference of the Central Planning Board, 16 February 1944. R-124 48-B Report on the fifty-third 479 conference of the Central Planning Board, 16 February 1944.
R-124 48-A Extracts from stenographic 484 minutes of the fifty-fourth conference of the Central Planning Board, 1 March 1944.
R-124 48-D Extracts from the report on the 498 fifty-sixth conference of the Central Planning Board, 4 April 1944.
NOKW-287 49 Letter from Milch to Sauckel, 8 499 April 1943, concerning the protection of industry.
R-124 48-A Speer’s minutes of a conference 501 with Hitler on 8 July 1943.
R-124 48-A Extract from the report by Saur 502 of the conference with the Fuehrer, 5 March 1944.
_Defense Documents_
Doc. No. Pros. Ex. No. Description of Document Page R-124 5 Extract from the stenographic 509 report of the eleventh conference of the Central Planning Board, 22 July 1942.
R-124 6 Extract from the stenographic 510 minutes of the twenty-second conference of the Central Planning Board, 2 November 1942.
R-124 7 Extract from the stenographic 510 minutes of the thirty-second conference of the Central Planning Board, 12 February 1943.
R-124 8 Extract from the stenographic 511 minutes of the thirty-third conference of the Central Planning Board, 16 February 1943.
R-124 9 Extract from stenographic 516 minutes of the thirty-ninth conference of the Central Planning Board, 23 April 1943.
R-124 31 Extracts from the stenographic 517 minutes of the fifty-fourth conference of the Central Planning Board, 1 March 1944.
_Testimony_
Excerpts from the testimony given by defense witness Albert 502 Speer before commission on 19 February 1947
TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-B
STENOGRAPHIC RECORD OF THE FIRST CONFERENCE OF THE CENTRAL PLANNING BOARD ON 27 APRIL 1942
Berlin, 27 April 1942
Secret
_“THE CENTRAL PLANNING BOARD” IN THE FOUR YEAR PLAN_
_1ST CONFERENCE_
Present: The three members: Reich Minister Speer, Field Marshal Milch, State Secretary Koerner. Furthermore: State Secretary Dr. Schulze-Fielitz, Ministry of Munitions, Ministerialrat von Normann, Four Year Plan.
Result:
I. The _Central Planning_ in the Four Year Plan (Decree of the Reich Marshal of Greater Germany of 22 April 1942—VP 6707 g) is a task for leaders. It encompasses only principles and executive matters. It makes unequivocal decisions and supervises the execution of its directives. The Central Planning does not rely on anonymous institutions difficult to control, but always on individuals and fully responsible persons who are free in the selection of their work methods and their collaboration as far as there are no directives issued by the Central Planning.
II. _Discussion of the situation in iron._
A. The objective is to reach a production of 2,2 million tons per month. In the first place it has to be established whether, after taking into account the excessive requests which were certainly made and of the difficulties confronting an increase of production (coal, transport) the present figures are sufficient (2 million tons). For the distribution in the third quarter these 2 million tons have to serve in any case as a basis.
B. The principles of distribution and the new quotas will be discussed in a subsequent conference with a wider circle of participants (see special protocol).
C. The _iron-producing industry_ will be organized into a Reich association. It is to be established and made to operate as soon as possible. The creation of an interimistic liaison organization (Planning Group Iron) has, therefore, been abandoned. The task of the Reich Association ends with the production of iron and before the distribution of the iron.
D. For the position of president of the Reich Association Iron, Generaldirektor Voegler and Geheimrat Roechling[91] are suggested. Roechling was chosen, the appointment of whom would be approved by the Fuehrer, according to Reich Minister Speer. State Secretary Koerner will submit the proposal to the Reich Marshal [Goering].
III. The reorganization of the Upper Silesian Territory with the object of the highest and best utilization for war economy in mind is urgent. The selection of locations and the determining of capacities in this territory has to be expedited with regard to raw material, transport, and labor.
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-B
LETTER OF 20 OCTOBER 1942 TRANSMITTING THE STATUTES OF THE CENTRAL PLANNING BOARD
The Plenipotentiary for the Four Year Plan. Central Planning Board. _Z. P. 1_
Berlin, October 20, 1942
Enclosed I send you, for your information, the statutes of the Central Planning Board with the request to support the office of the “Central Planning Board” in every possible way in its work, and to direct, more particularly, your section chiefs and reporters to forward all information requested orally or by writing, in the shortest possible time. By this collaboration of your section chiefs and reporters, the building up of a larger apparatus in the framework of the “Central Planning Board” is to be avoided.
BY ORDER: [Typewritten] WALTHER SCHIEBER Certified: SCHWINGE Ministerialregistrator
[Stamp of the Plenipotentiary for the Four Year Plan.]
Distribution to—
_a._ The highest Reich authorities. _b._ The Reich Protector. _c._ The Governor General. _d._ The executive authorities in the occupied territories.
_STATUTES OF THE CENTRAL PLANNING BOARD_
1. The Central Planning Board, created by the Fuehrer and the Reich Marshal in order to unify armament and war economy, deals only with the decision of basic questions. Professional questions remain the task of the competent departments, which in their fields remain responsible within the framework of the decisions made by the Central Planning Board.
2. In order to have the conferences properly prepared and to have the execution of the decisions supervised, the Central Planning Board appoints an office. This office consists of the deputies appointed by each of three members of the Central Planning Board; one of these three deputies shall be appointed chief of the office.
[Handwritten marginal note on left side of the document: “To be forwarded”.]
3. In accordance with the attached Table of Organization [not reproduced], the office appoints reporters. These reporters are at the disposal of all members of the Central Planning Board. The office appoints one reporter to keep the record.
4. Office and reporters have to see to it, above all, and to draw the attention of the Central Planning Board, if necessary, to the required measures, that—
_a._ All decisive tasks of war economy are achieved quickly, without red tape, and ruthlessly, by mutual adapting of all composing branches.
_b._ All such work as is obviously without importance for winning the war, be discontinued.
5. _Tasks of the office_
_a._ The office prepares the meetings of the Central Planning Board in such a manner that the members of the Central Planning Board have the agenda and the material of discussion 24 hours in advance. For this purpose the office conducts preliminary talks with the competent departments, etc.
_b._ On the strength of the record made by the reporter, the office sees to the execution of the decisions of the Central Planning Board by the competent agencies, and sees to it that the deadlines fixed are complied with.
_c._ The members of the office keep the members of the Central Planning Board informed between the sessions.
6. The distribution of work, dealing with incoming mail, etc., is arranged by the office itself. The members of the office sign: “By order” of the Central Planning Board.
7. _Tasks of the reporters_
Reporters have to keep in constant touch with the departments, with regard to the sectors of work they are in charge of. In the regular sittings of the office they report on the progress made and on the measures which are required for the carrying on of the war economy, especially for the increase in production, for other improvements in the supply with raw materials, and for necessary changes in distribution. They do the preliminary work for the meetings of the board (see also 5 _a_) and in their working sector they are primarily responsible for the execution, within the established time limits, of the decisions of the Central Planning Board.
Berlin, 20 October 1942.
[Typewritten] MILCH [Typewritten] SPEER [Typewritten] KOERNER
[Stamp] Berlin 6-11-1942 No. L 16-501
Copy to the State Secretary for his information.
[Typewritten] DR. SCHATTENMANN
Certified: Schulz, Reg. Sekr.
PARTIAL TRANSLATION OF DOCUMENT 1510-PS PROSECUTION EXHIBIT 58
EXTRACTS FROM DECREE OF 16 SEPTEMBER 1943, DEFINING THE DUTIES OF THE PLANNING OFFICE OF THE CENTRAL PLANNING BOARD
Berlin, 16 September 1943
_DECREE OF 16 SEPTEMBER 1948 OF THE PLENIPOTENTIARY GENERAL FOR ARMAMENT TASKS WITHIN THE FOUR YEAR PLAN AND OF THE REICH MINISTER FOR ARMAMENT AND WAR PRODUCTION CONCERNING THE TASK OF THE PLANNING OFFICE_
The Reich Marshal of the Greater German Reich has established a Planning Office in my department by decree of 4 September 1943 for the purpose of concentrated handling of all fundamental questions of war economical planning.
In this connection I order:
I
1. The Planning Office prepares the decisions of the Central Planning Board and supervises their execution.
2. In this connection it will especially prepare the distribution to consumers of basic materials (for instance, iron, metals, coal, mineral oil, nitrogen, and other important raw materials).
3. As a working basis for Central Planning Board, the Planning Office has to draw up plans for production and distribution for the entire war economy, the demand schedules being based on the demands of the entire German sphere of power. In this connection imports and exports are to be considered. The entire planning is to be synchronized in advance with the participating departments and specialist offices, taking into account production requisites. The Planning Office will constantly have to summarize and to evaluate the necessary statistical material.
4. The Planning Office will have to submit to the Central Planning Board for decision the proposed assignment of manpower to the individual big sectors of employment (trade industry for war effort [gewerbliche Kriegswirtschaft], traffic, foodstuffs, etc.). It also has to evaluate statistically the carrying through of the assignments.
* * * * *
6. The Planning Office will have to advocate towards the Reich Ministry of Economics the requirements of war industry in connection with the establishment of import and export quotas.
It has to report constantly to the Central Planning Board about the state of imports essential for war economy.
* * * * *
II
* * * * *
4. The Planning Office has to evaluate statistically the industrial and war production existing within the power sphere of Greater Germany or of the states allied with the Reich; it has to develop out of that evaluation proposals for a common exchange of production in order to increase the initial war production.
* * * * *
[Signed] SPEER The Reich Minister for Armament and War Production Plenipotentiary General for Armament Tasks within the Four Year Plan
PARTIAL TRANSLATION OF DOCUMENT 3721-PS PROSECUTION EXHIBIT NO. 41-A[92]
TESTIMONY OF FRITZ SAUCKEL, 22 SEPTEMBER 1945, REGARDING THE JURISDICTION OF THE CENTRAL PLANNING BOARD
TESTIMONY OF FRITZ SAUCKEL TAKEN AT NUERNBERG, GERMANY, 1030 HOURS TO 1210 HOURS ON 22 SEPTEMBER 1945, BY JOHN J. MONIGAN JR., MAJ., CAC, OUSCC
MAJOR MONIGAN: Principally, what I am interested in are the functions and responsibilities of the Central Planning Board in their relationship to your office and their relationship to industry.
SAUCKEL: I believe that this Central Planning Board was founded about three months after my taking over my office. The Board was founded in accord with a law by the Fuehrer or just upon an agreement between the Fuehrer and Speer and Goering, I don’t know which. The leader and chairman of this Central Planning Board was Speer himself. It was founded to transfer the work from the Four Year Plan to Speer, I think, because Goering was already ill at that time, and there also were difficulties about which I am not informed. Speer always took on the job of making great changes in production and put it under his own direction. Constant members of this Central Planning Board were the State Secretary and Field Marshal Milch, and State Secretary Koerner. These three were responsible for the decisions of the Central Planning Board and for internal matters and they went through this office if they were worked out by other people inside the office. I was only called to this Central Planning Board when my task was discussed, and the demands were put before me and my agencies by Speer, the Four Year Plan [Office], as well as by Milch. The Fuehrer himself told me to fulfil these demands without question. In other words, if Speer asked me for a certain amount of workers, for instance, several thousand, I could not refuse him. The particular minister had to give the number to the Central Planning Board and that was the only place where the number of workers could be discussed. In the Central Planning Board it was decided how many workers I was able to supply to these various sections like Milch and Speer, agriculture, and so on. If it came to an argument, these discussions were brought before the Fuehrer and he then decided himself.
Q. Would the Central Planning Board, in their outline of workers to be provided for agriculture and for Speer and for Milch’s industries, etc., just give you the numbers of workers which they required, or would you get the final destination of the workers too, say panzers [tanks] and machine guns, and so on, from the Central Planning Board?
A. In general, I always got the numbers for the sections in large, except for Speer who always demanded individual allocations of workers to agriculture or mining; in other words, Speer always demanded a certain number of workers for a certain kind of work.
Q. Except for Speer, they would give the requirements in general for the broad field, but in Speer’s work you would get them allocated by industry, and so on. Is that right?
A. The others only received whatever was left over, because Speer told me once in the presence of the Fuehrer that I am here to work for Speer and that I mainly am his man, he mentioned it very often, without reference to the countries involved. It was very unnatural, that process of doing these things. These smaller plants, instead of ordering their workers from the next higher echelons, gave their orders to the very highest, to Speer, who in turn handed them down to the lower ones and to me, and this was the reason for the Rotzettel (red slip) system which had to be fulfilled by me without question. In practice it came to this that if a factory actually didn’t need any workers but Speer demanded them for that factory I had to supply these workers without being able to discuss or to tell him that it would be a waste of manpower; I just had to do it because Speer had complete domination.
Q. When it was determined in the Central Planning Board that say a thousand workers would be required by Speer, how did these workers find their way from all over Germany and Europe into the Krupp factory, for instance?
A. The orders were given from higher echelons down to lower echelons; for instance, the transports were either turned over from one office to another or the lower echelons in Berlin, for instance, got orders to transfer certain men from one factory which happened to be in Berlin to another factory which was also in Berlin. This happened also through the cooperation among the various offices who were headed by Hildebrand. The orders were discussed in a so-called daily schedule of trains which was decided upon in all these meetings.
Q. Well, as I understand it, you would get a requirement for say a thousand workers for panzers, say; now, in Germany certain factories would be making tread, some would be making turrets, and some would be making other things. Now, of that thousand workers needed for tank production some would be working on treads and some would be working on other things. How did they get into the particular factories which were making the specific products?
A. This was accomplished by giving orders recklessly through the various offices. A factory, for instance, got an order to send 20 or 30 men to another place, and they were just ordered to go there. This was the reason for the Notdienstverordnung [Emergency Service Decree] where the workers were forced by a decree to obey any order which was given to them.
Q. After the workers were conscripted inside the Reich and outside, they would be worked according to certain skills and technical specialties, would they not?
A. As far as possible, they were used according to the profession they had been trained in.
Q. And the local Gau labor offices, etc., would have a list of all the workers according to their skills, would they not?
A. Yes, there were detailed files about this. This was the basic principle: There were various offices which only were concerned about a certain kind of trade or skill.
Q. So, when you got the request from the Central Planning Board for a hundred thousand men for tank production, would you, through your ministry, tell the various offices that you needed so many welders and so many machine tool people, etc., and then tell them how many of each specialty you wanted?
A. When I got these orders my assistants were always present and they in turn took down the individual numbers required for this kind of work. I also received rosters which pointed out in detail how many people were needed for certain productions and how many were needed in a certain place. There was also, besides the red-slip system, another one, which was a system used after the red-slip system. We called this the Dringlichkeitsstufen—that means the priority system for workers. These Dringlichkeitsstufen, which were divided according to place and kind of work, were given to me in the presence of my assistants and they in turn worked out these plans. The influence of Speer was so great that sometimes he specifically asked for certain specialists from a certain factory to be turned over to another place. It also happened that we were not even told about these things. If we were not able to supply him with workers from inside Germany, we had to take them from the other departments or from foreign countries. There was always a reserve of something like 500,000 people who went to schools where they were trained for the armament production.
Q. That was 500,000 German and foreign workers?
A. Yes.
Q. When a requirement was fixed for Speer or for Milch in the Central Planning Board and they called you in and said we need 500,000, or some number of workers, would they give at that time the breakdown of what kind of workers they wanted, or would they give a blanket request for 500,000 without the listing of specialties?
A. Naturally, they gave a detailed breakdown. For instance, they only asked for miners, but they also asked for specialists in that kind of work.
Q. The requirements would be stated in detail for the kind of work, not only whether it should be a mine worker, but, for instance, a locomotive engineer in a mine, or something like that, would they not?
A. Naturally, since there are many kinds of professions; I, for instance, put in charge of the mining President Dr. Gaertner who was always oriented about the different jobs which were required in that field of work.
Q. Then after you got the detailed specification of the qualifications of the workers desired, would you also get a statement as to what places they would work in, and so on?
A. This was just the remarkable thing about it, especially from Speer; factories were always mentioned and they were also mentioned by priority; for instance, the ones that always were working on the so-called Fuehrer orders had priority over the others. Speer actually controlled the small places, not step by step, but directly from the highest echelon.
Q. So that you would be informed at the Central Planning Board, at least for Speer’s factories, about the specialists and the place to which they were supposed to be sent, is that right?
A. The Central Planning Board determined only the numbers for a certain time, three months or so. These orders were then forwarded to the individual offices, who were working for me, from all kinds of industries; the Central Planning Board met only every two weeks or so.
Q. The Central Planning Board would decide that Speer would get so many hundred thousand and Milch would get so many hundred thousand, and that the agricultural program would get so many hundred thousand. Then, that was agreed upon, if they all agreed upon it among themselves in the Central Planning Board, and had no disputes regarding the number. But if there were disputes, then the Fuehrer would decide?
A. Yes.
Q. Then, after they decided a hundred thousand for Speer, then the section chiefs (in the rings for tank treads, and machine guns, etc.) would meet with your section later and say we need so many hundred thousand, we need 10,000 who are welders and 10,000 who are metal workers, etc., is that right?
A. Yes. A daily conference was held among the different offices where it was decided how many workers were needed for the individual industries. It did not occur that when a factory asked for a certain amount of men, it was like that: Speer said this factory has to be supplied with so and so many workers. In peacetime it was different.
Q. And the requirements of Speer were met as a matter of priority among all the other industries; first Speer and then the others?
A. Yes.
PARTIAL TRANSLATION OF DOCUMENT NI-1098 PROSECUTION EXHIBIT 63
EXTRACTS FROM AFFIDAVIT OF FRITZ SAUCKEL, 22 SEPTEMBER 1946, REGARDING THE JURISDICTION OF THE CENTRAL PLANNING BOARD
A. 1. I, Fritz Sauckel, born in Hassfurt-Unterfranken on 27 October 1894 was honorary Obergruppenfuehrer of the SS and SA, Reich Governor [Reichsstatthalter], Commissioner for Reich Defense and Gauleiter of Thuringia. Since 1942 I was Plenipotentiary General for Manpower and from 1933 on I was a member of the Reichstag. I state upon oath the following facts which are known to me personally:
* * * * *
L. 1. The Central Planning Board intervened in the problem of foreign workers to the extent of determining priorities and in representing and demanding the requirements of the economics branches consolidated in the Central Planning Board. It also transmitted these demands to the Fuehrer. The competent gentlemen of the Central Planning Board at the same time of course represented their ministries as heads. Thus I am not in a position today to say whether Speer, for instance, spoke in one or the other capacity in connection with any special matter. At any rate the Central Planning Board determined the total labor requirements. In practice I only obtained labor for them.
2. I attended sessions of the Central Planning Board only when questions concerning the mobilization of labor were involved. Sometimes only my representatives, Dr. Timm, Landrat Berk, Stothfang, or Dr. Hildebrand, attended.
3. The competent gentlemen from Speer’s Ministry also attended. Speer had a labor mobilization department where the requirements of industry were collected and confirmed.
4. Milch produced the figures for aviation. The same was done by Speer in his sphere of activity. Speer and Milch, however, also exerted influence on the allocation of workers. How far this came within their capacity as members of the Central Planning Board I cannot say; in any case they did this in their ministerial capacity.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-A
EXTRACTS FROM REPORT ON THE ELEVENTH CONFERENCE OF THE CENTRAL PLANNING BOARD, 22 JULY 1942
Berlin 24 July 1942 Dr. Goe/W
Reich Minister Speer Minister’s Office
Secret _REPORT ON THE 11TH CONFERENCE OF THE “CENTRAL PLANNING BOARD” ON 22 JULY 1942_
Present:
Reich Minister Speer Field Marshal Milch State Secretary Koerner Kommerzialrat Roechling Reich Association Iron Dr. Rohland Reich Association Iron Von Bohlen und Halbach Reich Association Iron Dr. Langen Reich Association Iron Bergassessor Sohl Reich Association Iron Gauleiter Sauckel Plenipotentiary General for Labor Mobilization State Secretary Backe Reich Food Ministry General Director Pleiger Reich Association Coal Dr. Fischer Reich Association Coal Major General Gablenz Reich Air Ministry Colonel Sellschopp Reich Air Ministry Ministerial Director Gramsch 4 Year Plan Ministerial Advisor Normann 4 Year Plan Dr. Schieber Reich Ministry for Armament and Munitions Dr. Stellwaag Reich Ministry for Armament and Munitions Major Wagner Reich Ministry for Armament and Munitions Brigadier General Becht Reich Ministry for Armament and Munitions Lieutenant Colonel Nicolai Reich Ministry for Armament and Munitions Ministerial Advisor Dr. Wissmann Reich Ministry for Armament and Munitions Schlieker Reich Ministry for Armament and Munitions Dr. Goerner Reich Ministry for Armament and Munitions
* * * * *
Securing of food. A net influx of 1 million foreign workers is counted on. This number was not reached in the past months. Even with an influx of more than 1 million in the coming months, the 1-million peak will actually not be surpassed in view of current departures of workers. Food for this 1 million is secured.[93]
To what extent an improvement of the food situation, through a sharper hold on the production outside of Germany, could be accomplished.
* * * * *
Every day a train load of the forces recruited in the East will be directed to the coal mines until the figure of 6,000 is achieved. Prisoners of war are being obtained, at present, from camps in the General Government. 51,000 prisoners of war in the Senne Camp. In the district east of the General Government there are 74,000 prisoners of war available. Up till now an elimination quota of 50 percent of unemployable people has been reckoned with in the allocations to coal mining. It is considered necessary that not too high demands should be placed on the choice of prisoners of war. The Miner’s Union doctors [Knappschaftsaerzte] are to be informed that a different standard is to be established for the prisoners of war than for German miners.
For the consecutive order in which the prisoners of war are to be put to work, it will be laid down, that before the metal workers are chosen, the coal mining in the first place and requirements for the loading and unloading commands in the second place are to be considered.
Field Marshal Milch undertakes to accelerate the procuring of the Russian prisoners of war from the camps.
[Typewritten] DR. ING. GOERNER
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-A
EXTRACTS FROM REPORT ON THE SEVENTEENTH CONFERENCE OF THE CENTRAL PLANNING BOARD, 28 OCTOBER 1942
Berlin, 30 October 1942
The Plenipotentiary General for the Four Year Plan Central Planning Board
_REPORT ON THE 17TH CONFERENCE OF THE CENTRAL PLANNING BOARD ON 28 OCTOBER 1942, 0930 HOURS_
Increase of Coal Production _Allocation of Labor_
Coal production in the Ruhr district has increased to 390,000 tons per day. Any further increase depends on whether the requirements for labor are being met. About 104,000 men are required. Furthermore 7,800 men—originally 16-17,000 requirements having been brought down by rationalization—are needed for the supplying industry, 6,800 of these for the machine industry. 5,000 more unskilled workers are furthermore required to secure the transport of mine-timber which is essential for reason of variety [Sortimentsgruenden].
The intake capacity of the mining industry for the month of November is 44,000 prisoners of war, of whom 25,000 are for the Ruhr district, and 12,600 eastern workers, 7,500 of whom are for the Ruhr district. Total requirements so far amount to 191,000 laborers of whom 90,700 were wanted by the Ruhr District. Up to 24 October a total of 123,000 was allocated. These numbers are still to be checked up by the Reich Association Coal (RVK) and Mr. Sauckel.
According to the Plenipotentiary for Labor Allocation, the following number of prisoners of war is at present at hand.
Within the Reich (on the way and in camp) 30,000 Remainder of prisoners of war (outstanding from a total of 60,000 150,000 and promised up to the beginning of December) At camps in the General Government 15,000
Of these the following can be regarded as available up to 1 December:
Within the Reich 15,000 Of the remaining prisoners of war 10,000 From the General Government 7,500 ——— Total about 32,000
Therefore, as compared to the required 44,000, there is a deficit of about 12,000. Moreover, 10,000 civilian laborers from the East can be put up by exchanges from the agricultural sector which is 2,000 less than required so that the November deficit amounts to 14,000 and, in comparison with the total requirements of the mining industry of 104,000, there is a deficit of 62,000. The deficit increases by the smaller number of prisoners of war the size of which is still to be ascertained by the Commissioner of Labor.
The mining industry is in a position to use any amount of eastern labor instead of prisoners of war. Therefore, it is to get preference at the combing-out of the agricultural sector. There is no objection to a temporary accommodation of eastern labor at prisoner-of-war camps (without barbed wire, etc.).
The requirements of the supply industry are to be met by the Red Label method [Rotzettelverfahren]. Constructors are to be provided by canvassing at the French prisoner-of-war camps for officers.
[Typewritten] DR. STEFFLER
* * * * *
Present:
Reich Minister Speer Field Marshal Milch State Secretary Koerner Reich Ministry for Armament and Munitions Staatsrat Schieber Reich Ministry for Armament and Munitions Brig. Gen. Becht Reich Ministry for Armament and Munitions Lt. Col. v. Nicolai Reich Ministry for Armament and Munitions Herr Schlieker Reich Ministry for Armament and Munitions Oberberghauptmann Gabel Reich Economic Ministry Colonel Dr. Krull Reich Economic Ministry Oberbergrat Otto Reich Economic Ministry State Secretary Ganzenmueller Reich Traffic Ministry Staatsrat Heinberg Reich Traffic Ministry Min. Dir. Gramsch Four Year Plan Min. Rat Steffler Four Year Plan Min. Dirig. Timm Plenipotentiary for Labor Allocation Oberreg. Rat Hildebrand Plenipotentiary for Labor Allocation Gen. Dir. Pleiger Reich Association Coal Dr. Sogemeier Reich Association Coal Dr. Fischer Reich Association Coal Dir. Winkaus Plenipotentiary for Mining Requirements
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-A
EXTRACTS FROM STENOGRAPHIC MINUTES OF TWENTY-FIRST CONFERENCE OF CENTRAL PLANNING BOARD, 30 OCTOBER 1942
_EXCERPT OF STENOGRAPHIC MINUTES OF THE 21ST CONFERENCE OF THE CENTRAL PLANNING BOARD_
Re: Labor supply and direction of labor held on 30 October 1942, afternoon, at the Reich Ministry of Armament and Munitions.
Berlin, Pariser Platz 3
* * * * *
SAUCKEL: There is but one possibility, and that is, that the moment the Wehrmacht takes prisoners in operational territory, they are to be immediately turned over to us. We will move them away much faster than the Wehrmacht.
MILCH: The correct thing to do would be to have all Stalags transferred to you by order of the Fuehrer. The Wehrmacht takes prisoners and as soon at it relinquishes them, the first delivery goes to your organization. Then everything will be in order.
SAUCKEL: Yes, but we do not have sufficient personnel for guarding the prisoners.
(MILCH: The Wehrmacht should have to provide you with that!)
SAUCKEL: As soon as prisoners of war are taken, they should be placed at our disposal and we would then allocate them in a fair manner. However, with the present method we get nothing or only a fraction of what the Wehrmacht had promised us, although the prisoners had been taken by the Wehrmacht.
TIMM: We can hardly hope to achieve that, since this might have something to do with the convention concerning the treatment of prisoners of war.
MILCH: The man who acts there for you can wear a uniform all right and be a soldier. Only his superior will not be Herr Reinecke but Herr Sauckel.
For psychological reasons emphasis should be placed on first of all covering the requirements of the Wehrmacht branches, without other considerations. The feeling, we don’t get it anyway, has gradually permeated our whole air force industry—and I heard the same about the army. I will admit that these gigantic allocations are completely misjudged. For example, in the Luftwaffe where from an original allocation of 480,000, a balance of 150,000 was left over [per Saldo uebrig]. The plants always look only at the balance [Saldo]. However, there are many plants also who have suffered an actual decrease in manpower, especially in a young industry like ours, which is occupied with the manufacture of very special products. This industry has many young people, of whom many again have been drafted into the Wehrmacht. This drafting is done in such an idiotic way that one actually has to feel ashamed. All three experimenting engineers working on a development which may have an important bearing on the outcome of the war are simply drafted. They are not sent to the front or into training but sit around in the back somewhere and are guarding some camp. No consideration whatsoever is given to individual cases. Of course the plants then call for replacements. The masses cannot fill these breaches, and qualified replacements we cannot supply at all. Herr Dr. Werner, for example, writes a letter to Herr Schieber of which he forwards a copy to me and which states that production figures established in the delivery schedules can no longer be met, owing to the fact that for weeks partially even for months, no manpower has been allocated, and that even current withdrawals cannot be replaced by the labor offices [Arbeitsaemter]. The fact, that we can no longer meet the demands of the rising production, that backlogs are increasing more and more, fills him with rising apprehension. He then goes into details, but always reverts to the same conclusion: everything might be accomplished, we could even get the necessary material; in the final analysis we fail, however, in one important aspect in connection with our whole armament program—the allocation of manpower. If only we had, if only we had—thus it goes all day and in every conference.
I am convinced that many people are beginning to put in fake requests and exaggerate their requirements. There is only one way to straighten out this affair. In my department, I do it this way: if for months a spare part cannot be found, the entire front begins to hoard this article; so, for instance, the tail skid of a Ju 52. Then we proceeded to manufacture triple the amount of the expected requirements, yet no tail skids were available. Ordnance stock piles were filled with it; but they did not issue any. I then said: We will now manufacture nothing but tail skids until we hear shouts not to send any more. Thus, an affair like that gets finally straightened out. And here likewise we must say for once: We will supply the required laborers to the industry, if necessary by depriving other fields. Agriculture, at the moment can spare laborers; it does not need them from 15 November to 15 March of next year. It is just a waste to have to feed them. Only a small number will be needed for the procurement of wood. Thus we are able to generously help industry and later on again replenish agriculture. At the same time we have the advantage of getting fairly well-fed people. As Herr Timm recently explained, prisoners of war from the Ukraine would not serve our purpose; they could not regain their physical strength on what they get to eat in the industry. Even supplying them with better food than we give to our own people would not be sufficient to get them beyond a still weakened condition. In agriculture they get additional food. Don’t muzzle the mouth of a beast when food lies all around it. This is also of advantage to prisoners of war and workers from the East.
However, we have to finally do away with the general feeling: we have nothing and we want yet anything; we have been forsaken by God and the Fuehrer; constantly more and more is demanded of us; how can we still believe in this great program? We can only carry it out if we have such faith in it, as is spoken of in the Bible. In January we started with a monthly production of 2,000 engines; today we have reached 4,000, and in a year and a half I must reach 14,000. That of course is a gigantic achievement for a month. Every engine has at least 1,200 h.p. If in measurements of horsepower I compare the present with the former World War, then the present achievement is 40 times as great. What an immense amount of manpower was available at that time for an industry so totally different from ours! Yet today we must come up to more than three times that, which we have already done. That means, that in airplane engines alone we have to achieve 135 to 140 times as much as we did in the World War. Dr. Werner who is responsible for the engine industry proposed how this can be done. He said: We must apply a mass production scale everywhere, or else we will not accomplish it. He has very progressive ideas in this field. With the airplane engine, it can be done for sure. Crankshafts and connecting rods, etc., we can produce on a mass production scale. Today we manufacture 40,000 connecting rods. However, we still have no machines today that assemble these products individually on the assembly line. The Americans have such machines. We are lacking about 10 construction engineers and 5 mechanics; they just simply cannot be procured. One must for once satisfy the needs of the people again. I have always put them off until November and told them that Sauckel would produce the necessary labor from agriculture.
* * * * *
SPEER: We must also discuss the slackers. Ley has ascertained that the sick list decreased to one-fourth or one-fifth in factories where doctors are on the staff who are examining the sick men. There is nothing to be said against SS and police taking drastic steps and putting those known as slackers into concentration camps. There is no alternative. Let it happen several times and the news will soon go around.
* * * * *
SAUCKEL: We talked of taking the waiters out of the restaurants in Germany. But in this respect we have absolutely an abundance in France, the General Government and the Protectorate. As long as we have not skimmed that off, we could not take the responsibility towards the German people for such a measure. Again a cable of the Foreign Minister has burst into my recent negotiations in France stating that under no circumstances should the Ministry Laval be put into peril. The Fuehrer has said: If the French show no good will, then I shall retake the 800,000 French PW’s. If they show good will, then the French wives can follow their husbands to Germany and work there. Of course, he said, I have an interest that Laval remains in power. The Ministry Laval will remain, it depends only on us. And Laval cannot go back after he has reproduced in his speech and spoken before the French passages which he has taken verbally out of my appeal. Only Pétain could bring him to fall. I wish to draw your attention to the fact, however, that in France there is a surplus of young men all of whom we could use in Germany. If we expect our people to accept severest restrictions then we cannot admit such luxuries in Paris as, e.g., small restaurants with bands of 25 musicians and two waiters per table. I am firmly convinced, if we are brutal also against the others then we can extract quite a considerable number of men out of the General Government—I sent an efficient man, President Struwe, over there—and of the Protectorate. This need not interfere with the armament industry over there. There is, therefore, no fear that the demand could not be met.
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-B
EXTRACTS FROM STENOGRAPHIC MINUTES OF THE TWENTY-THIRD CONFERENCE OF THE CENTRAL PLANNING BOARD, 3 NOVEMBER 1942
Secret _STENOGRAPHIC MINUTES OF THE 23D CONFERENCE OF CENTRAL PLANNING BOARD_
_Concerning the fixing of iron quotas, on 3 November 1942, 1600_ _hours in the Reich Ministry for Armament and Munitions,_ _Berlin, Pariser Platz 3_
* * * * *
PLEIGER: * * * For the physical strain on the miners, who practically work two Sunday shifts each month, is such that they could not stand it for another six months. In other words—this is the important point—the quota of approximately 95,600 men is still lacking and must be assigned to work now at last; it was promised to me at one time. The gentlemen of the Ruhr tell me: We have our huts ready. Some of them are not completely furnished, and I reproached the people for it. They answered, however: But you promised us workers for about half a year. We have always been ahead with our huts. How can you reproach us now, our huts were not ready. The workers assigned to us will be taken care of. I would be very thankful if Sauckel would be induced to assign to us the quota of workers.
SPEER: He received the instruction in the last conference of the Central Planning Board to assign workers first of all to the coal-mining industry as well as to the iron-producing industry, for you the amount of 44,000 plus 12,000, plus 7,500 for the feeder industry, plus 5,000 for pit props. The same holds true for Mr. Rohland.
PLEIGER: In our conferences it must always be taken as a basis that the Reichsbahn, with regard to the allocation of cars, is at least in the same position as they were last year.
(SPEER: That’s pretty bad.)
—No, it allocated over 80,000 cars in December.
* * * * *
SPEER: Can you give me by name any smelters or other people which could be taken out?
(ROHLAND: Yes.)
This would still be another 50 or 100, I guess.
ROHLAND: I figure about 40 men per Martin furnace. If we take away 20 or 15—let’s say 20—as trained Martin furnace smelters, we would have 300 men. 300 smelters could help us a lot. But when will they come?
SPEER: Then we could deceive the French about the industry in such a way, as if we would release among the prisoners of war the rollers and smelters—they have—if they give us their names.
ROHLAND: We opened our own office in Paris. In other words, you mean the French should report the smelters who are prisoners of war in Germany?
MILCH: I would simply say: You will get two people for one of this kind.
SPEER: The French firms know exactly who is a smelter among the prisoners of war. There you should make it appear, as if they would be released. They give us the names and then we take them out. Try it.
ROHLAND: That’s an idea.
MILCH: We in the Luftwaffe and airplane industry will also try to find out: Who is a roller, smelter, or furnace mason.
ROHLAND: But by the time the people arrive, the quarter of the year will be over.
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-A
EXTRACTS FROM STENOGRAPHIC MINUTES OF THE THIRTY-THIRD CONFERENCE OF THE CENTRAL PLANNING BOARD, 16 FEBRUARY 1943
Secret!
Top Secret State Matter
_STENOGRAPHIC MINUTES OF THE 33D CONFERENCE[94] OF THE CENTRAL PLANNING BOARD_
_Concerning Labor Supply on 16 February 1943 at 1600 hrs. at the_ _Reich Ministry for Armament and Munitions 3,_ _Pariser Platz, Berlin_
* * * * *
TIMM: I should like to say something about the labor supply possibilities. Perhaps you will permit me to emphasize the negative side a little. The greatest difficulties result from the fact that the supply of labor outstanding could not be fully dispatched from the East, but came in in ever diminishing numbers. One may say that they have almost become completely exhausted. Eastern laborers during the last six weeks arrived only in smaller numbers than in former times, so that they can hardly be included to an appreciable amount on the credit side of the supply account. In any case their numbers are small. The foremost reason is that in former months most transports were dispatched from the Ukraine while the main recruitment areas were those which in the meantime have become operational areas, or even are no longer in our hands. The forecasts we made applied to a large extent to the transport of people from the Caucasus district, the Kuban, from areas like Stalingrad. We prepared measures which should enable us to draw more eastern workers again during the following months. I venture to think that we should be able, on a conservative calculation, to transfer during the month of March between 150,000 and 200,000 laborers from the East to the West.
(SPEER: Including or excluding those needed for agriculture?)
Including those needed for agriculture. But in my opinion it will be necessary to apply much pressure, since just those districts are concerned which have been pacified to a certain extent, and for the same reason will not be very much inclined to release labor. This is calculated on the assumption that some labor has to be released also from the eastern and northern parts of the East.
The second area, capable of releasing a considerable amount of labor is the General Government and that for the January estimate which has been drawn up with particular caution as I again wish to emphasize. We expect that the figures will be surpassed rather than not reached. I think we can expect a number of 40,000, of which, it is true, a part will have to be given to agriculture, if we intend no more than to cover the losses which we had to inflict last autumn.
Beyond this it ought to be possible in my opinion to employ within the Reich, and especially for the mining industry, part of the Polish Building Service. I venture to think one ought to enlarge this organization in such a way that more age groups than so far are called up for it, since this procedure is functioning. The younger age groups which in fact are especially suited for mining could be dispatched to the Reich. In this case the supervisors who are provided for the greatest part by the Building Service, will be needed only in very small numbers in the Reich.
The next area would be the Protectorate on which I cannot make a final statement today. We have been promised for the month of March about 10,000 laborers. But I am of the opinion that some loosening-up is possible. The Plenipotentiary will soon in a personal visit take in hand the possibility of this loosening-up.
France is included in the account with 100,000 laborers for March. Messages which I received permit us to hope that this number will be increased in the middle of March. Belgium is included with 40,000, Holland with 30,000, Slovakia with 20,000, who, it is true, are exclusively suited for agriculture, since their share of individual workers has been completely delivered. This item consists exclusively of agricultural laborers, owing to a state treaty. For the remaining part of the foreign areas I included another 10,000. This amounts altogether to 400,000 laborers who should arrive in March. One might be entitled to add for the last month altogether 10,000 prisoners of war. These are men to be drawn from the East. It can be expected that this number might under certain conditions be surpassed, since the High Command intends especially for operational reasons, to take the prisoners of war back to the Reich, particularly from the areas threatened by the enemy.
A former item concerns the fluctuation of labor which certainly amounts to about 100,000 laborers. Then there are items which at the moment cannot be estimated—the yield from the threatened areas and from the “Stoppage-action”. Here I cannot venture to name final figures, but I hope to be able to do so next month.
SAUCKEL: Of course, we regret very much that last autumn we were unable to recruit as much as we would have liked in the areas which now are again in enemy hands. This is partly due to the fact that we were not assisted in the degree we had expected. Moreover we were not able to effect the removal of the civil population which had been planned. These events are an urgent reminder of the fact that it is necessary to employ foreign laborers at once and in great numbers in Germany proper and in the actual armaments industry. You may be certain that we wish to achieve this. We have not the slightest interest in creating difficulties for an armaments office, even for those working for German interest abroad, by taking labor away from them to an unreasonable extent. But on this occasion I should like to ask you to try and understand our procedure. We Germans surely have sent to the front between 50 and 75 percent of our skilled workers. A part of them has been killed while the nations subjugated by us need no longer shed their blood. Thus they can preserve their entire capacity with regard to skilled workers, inasmuch as they have not been transferred to Germany which is the case only for a much smaller percentage than all of us supposed, and in fact they do use them partly for manufacturing things which are not in the least important for the German war economy. If we proceed energetically against this abuse, I ask you to give me credit for so much reason that I do not intend to damage the foreign interests of the German armaments industry. The quality of the foreign worker is such that it cannot be compared with that of the German worker. But even then I intend to create a similar proportion between skilled and workers trained for their job, as it exists in Germany by force of tradition, since it has come about that we had to send men to the front in much larger numbers than we requested France or any other country to do. Moreover we shall endeavor increasingly to bring about on a generous scale the adaptation of the French, Polish, and Czech workers. I do not see for the moment any necessity for limiting the use of foreign labor. The only thing I ask for is that we understand each other, so that the immense difficulties and friction between the respective authorities disappear and the program drawn up by us will by no means be frustrated by such things.
There are without a doubt still enough men in France, Holland, Belgium, the Protectorate, and the General Government to meet our labor demands for the next months. I confess that I expect more success from such a procedure with respect to heavier work or for work where shifts of 10 or more hours are customary, than from relying on the use of German women and men exclusively. We shall have better success by proceeding this way provided the foreign workers still obey, which remains a risk we always run, than by using weaker German women and girls as labor in places of very important armament work, where foreigners may be used for security reasons. * * *
* * * The situation in France is this; after I and my assistants had succeeded after difficult discussions in inducing Laval to introduce the Service Act this act has now been enlarged, owing to our pressure so that already yesterday three French age groups have been called up. We are now, therefore, legally and with the assistance of the French Government entitled to recruit laborers in France from three age groups, whom we can use in French factories in the future, but of whom we may choose some for our use in Germany and send them to Germany. I think in France the ice is now broken. According to reports received they now have begun to think about a possible break-through by the Bolshevists and the dangers which thereby threaten Europe. The resistance which the French Government has hitherto shown is diminishing. Within the next days I shall go to France in order to set the whole thing into motion, so that the losses in the East may be somewhat balanced by increasing recruitment and calling-up in France.
If we receive comprehensive lists in time, we shall, I think, be able to cover all demands by dispatching in March 800,000 laborers.
SPEER: Recruitment abroad as such is supported by us. We only fear very much that the skilled workers extracted from the occupied countries do not always reach the appropriate factories in Germany. It might certainly be better if we acted in such a way that the parent firms of Germany which work with the French and Czech factories would comb out the foreign workers more than before for their own use.
SAUCKEL: We made an agreement with Field Marshal Milch. You will get the factories which are urgently needed for your airplane motors, etc.; these will be completely safeguarded. In the same way I promised Admiral of the Fleet Doenitz[95] today that the U-boat repair firms proper are absolutely safeguarded. We shall even be able to provide our own armament factories on French soil with labor extracted from French factories, in the main from the unoccupied territory where there still are metal works which have their full complement of skilled workers without even having been touched so far.
HILDEBRAND: May I point out at this point that we have to figure that we shall be deprived of the Italian workers this year. This according to present discussions, concerns 300,000 men altogether, or 15 to 20,000 a month. If we deduct the first installment, the remaining ones to a great part are just highly skilled metal workers.
SAUCKEL: This is a request of the Fuehrer, but he has not yet finally decided.
HILDEBRAND: But we have been told to be prepared to lose these men.
SPEER: We ourselves quite support the combing-out abroad. On the other hand we must be entitled—and this was agreed—to exclude or prefer particular kinds of work, e.g., the armor factories. In France we are more and more turning towards giving up finishing processes and stressing the subcontracting. It is the foundries and similar works, e.g., for the use of the aluminum industry, which we wish to use to capacity. We could force the production of Opel, so that in this case Peugeot who manufacture the forged parts for Opel, the parent firm, might demand more labor for this while the rest of their workers would be taken over by Opel.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-A
EXTRACTS FROM STENOGRAPHIC MINUTES OF THE THIRTY-SIXTH CONFERENCE OF THE CENTRAL PLANNING BOARD, 22 APRIL 1943
Dr. Jaenicke Secret
Top Secret State Matter _STENOGRAPHIC MINUTES OF THE 36TH CONFERENCE OF THE CENTRAL PLANNING BOARD_
_Concerning 1943-44 coal economy plan. Held on Thursday, 22 April 1943, 1550 hours at the Festival Hall at the Zoo, Jebenstr._
* * * * *
SPEER: Throughout the winter we have seen that in the last instance it is coal which provides the basis for all plans we wish to execute in other respects, and most of you are also aware of our intention to increase the manufacture of iron. Here also it will again be coal which in the last instance will tip the scales, whether or not we shall be able to accomplish this increase of iron production. Seen from the Central Planning Board, we are of the opinion that the demand for coal as well as the demand for iron ought to be coordinated in a separate plan, and that this plan ought to receive about the same degree of urgency as the Krauch plan, and that with regard to labor, the conditions required for the execution of that plan must be established. Perhaps Mr. Timm will be able to state how he expects the question of the miners to be developed; unfortunately the miners cannot be taken from the German reservoir, in their place we shall have to use very strong foreigners.
TIMM: At the moment, 69,000 men are needed for hauling that coal. We want to cover this by finding within the Reich 23,000 men, viz., healthy prisoners of war, etc., who are especially suitable for mining—and by dispatching 50,000 Poles from the General Government. Out of these about 30,000 men have been supplied up to 24 April, so that about 39,000 men are still outstanding for January to April. The demand for May has been reported to us at 35,700. The difficulties existed especially with regard to recruitment in the General Government, since in every district surrounding Germany there is an extraordinary resistance to recruitment. In all countries we have to change over more or less to registering the men by age groups and to conscripting them in age groups. They do appear for registration as such, but as soon as transport is available, they do not come back so that the dispatch of the men has become more or less a question for the police.
Especially in Poland the situation at the moment is extraordinarily serious. It is well known that vehement battles occurred just because of these actions. The resistance against the administration established by us is very strong. Quite a number of our men have been exposed to increased dangers, and it was just in the last two or three weeks that some of them were shot dead, e.g., the head of the labor office in Warsaw who was shot in his office, and yesterday another man again. This is how matters stand presently, and the recruiting itself even if done with the best will remain extremely difficult unless police reinforcements are at hand.
* * * * *
SPEER: These [women] we can use in the Reich. There are a great number of Russian PW’s and laborers who are employed at places where they need not be employed. There can be an exchange. The only thing is to do this with unskilled workers, and not to take the workers from the industry where they were trained with difficulty.
KEHRL: Where we are late in completion of a task, or where we lose an opportunity, we can make up for it. But any coal which we cannot haul at once is definitely lost for use in this war. This is why we cannot do enough to force the allotment to the pits.
SPEER: But not by forcible actions in smashing what we toilsomely built.
(KEHRL: We need not do that!)
You ought to add the conscripted labor.
TIMM: We must endeavor to get German men for working at the coal-face.
KEHRL: We subsist on foreigners who live in Germany.
TIMM: These men are concentrated within a very small area. Otherwise there might be trouble in this sector.
SPEER: There is a specified statement showing in what sectors the Russian PW’s have been distributed, and this statement is quite interesting. It shows that the armaments industry only received 30 percent. I always complained about this.
TIMM: The highest percentage of PW’s are Frenchmen, and one ought not to forget that it is difficult to employ them at the coal-face. The number of Russians living within the Reich is small.
ROHLAND: In the mines one should exclusively use eastern people, not western ones.
SPEER: The western men collapse!
* * * * *
SPEER: In any case we ought to force the coal production with all our power. I now have here a statement on the distribution of the Soviet prisoners. There are 368,000 altogether. Of these are: 101,000 in agriculture; 94,000 in the mining industry—who are not available in any case; 15,000 in the building materials industry; 26,000 in iron and metal production where they cannot be extracted either; 29,000 in the manufacture of iron, steel, and metal goods; 63,000 in the manufacture of machines, boilers, and cars, and similar appliances, which means in armaments industry; and 10,000 in the chemical industry. Agriculture has received by far the most of them, and the men employed there could in the course of time be exchanged for women. The 90,000 Russian PW’s employed in the whole of the armaments industry are for the greatest part skilled men. If you can extract 8-10,000 men from there, it would already be the limit.
KEHRL: Would it not be possible to add Serbians, etc.?
SOGEMEIER: We ought not to mix too much.
ROHLAND: For God’s sake, no Serbians! We had very bad experiences with mixing.
* * * * *
SPEER: Everything depends on the amount of the influx from abroad.
SCHIEBER: If anyway nothing arrives, the mines certainly will get nothing.
TIMM: Gauleiter Sauckel is perfectly convinced that the transports will be on their way within a short time. Now the front has been consolidated at last.
SCHIEBER: We ought to be grateful that the weather has allowed the farmer to keep things going in some way despite the little labor being available to him. For the farmer, the coal supply is just as important as for the whole of the armaments industry. When we discuss tomorrow the nitrogen problem we shall see the same; our first need is coal.
KOERNER: On 1 April we had in agriculture a deficit of about 600,000 laborers. It had been planned to cover it by supplying labor from the East, mainly women. These laborers will first have to be supplied until other laborers are released from agriculture. We are just entering the season where the heaviest work in the fields has to be done, for which many laborers are necessary. Much labor is needed for the hoeing of the fruits, and it is to be hoped that this year the harvest can be started early which would be rendered much more difficult if an exchange of labor would have to take place.
* * * * *
MILCH: We ought to except certain areas of the Protectorate to which the orders are being directed, and extract nothing there until a surplus is found out subsequently. For the time being it cannot be ascertained. There are enough other areas of the Protectorate which are not affected by the industry plan and some labor could be extracted from them at once. We ought to name the places which are excepted from our action.
TIMM: In this the authorities on the other side ought to participate; they are in the best position to tell the places from where nothing must be extracted.
MILCH: If one proceeds as I proposed, and Timm agreed to it, no damage can be done. This ought to be done in any case. For the rest I completely agree; we must now supply the mines with labor. The greatest part of labor which we can supply from the East will indeed be women. But the eastern women are quite accustomed to agricultural work, and especially to the type of work which has to be done these coming weeks, the hoeing and transplanting of turnips, etc. The women are quite suitable for this. One thing has to be considered: first you must supply agriculture with the women, then you can extract the men, laborer for laborer. It is not the right thing if first the men are taken away and the farmers are left without labor for 4 to 6 weeks. If the women arrive after such time they arrive too late.
SPEER: Beyond this we are prepared to release from all parts of the war economy, in exchange for women, any Russian PW’s or other Russian who is employed as auxiliary laborer.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-A
REPORT OF THE FORTY-SECOND CONFERENCE OF THE CENTRAL PLANNING BOARD, 23 JUNE 1943
The Plenipotentiary for the Four Year Plan Central Planning Board Z.P. 148
Berlin W 8, 24 June 1943 Leipziger Strasse 3
24 copies, 17th copy
Top Secret State Matter _REPORT ON THE 42D CONFERENCE OF THE CENTRAL PLANNING BOARD ON 23 JUNE 1943, 1600 HOURS_
_Coal situation_
The manpower situation in the coal mining industry, particularly in the hard coal mining industry, is still unsatisfactory, and necessitates an extension of the measures decided upon at the 36th Conference of the Central Planning Board, held on 22 April 1943.
The intensive discussion yielded as the most expedient solution the use of Russian prisoners of war to fill the existing vacancies. The more homogeneous character of the shifts will bring about the necessary higher output resulting both from an increased capacity of such shifts and particularly from a restriction of fluctuations.
1. The present drive, which is to be carried out throughout the German economy proper, aims both at freeing Russian labor, fit for work in the mining industry and actually not employed as semi-skilled workmen, and at replacing it by additionally imported labor consisting of eastern workers, Poles, etc. Thus, about 50,000 workmen are expected to be made available up to the end of July 1943. This drive is to be accelerated.
Furthermore as an immediate measure it should be suggested to the Fuehrer—RVK [Reich Association Coal] and GBA [Plenipotentiary General for Labor Allocation] submitting the necessary figures for the statement to the Fuehrer—that 200,000 Russian prisoners fit for the heaviest work be made available from the Wehrmacht and Waffen SS through the chiefs of the army groups [Heeresgruppenchefs]. The prisoners will be selected on the spot by medical officers of the mining industry and officials of the office of the Plenipotentiary General for Labor Allocation will take charge of them there and then. Provisions are to be made for an extension of this program in order to satisfy any demand for manpower, which will have accumulated up to the end of the year 1943.
The manpower needed by the mining transport industry [Bergbau-Zubringer-Industrie] and by the iron-producing industry may be supplied from that same source provided that the necessities of the coal mining industry have previously been adjusted.
The performance of the Soviet Russians so employed is to be raised by a premium system. For this purpose, the present pay restrictions are to be lifted and the manager [Betriebsfuehrer] be allowed to distribute amongst the workers, according to his discretion, one Reichmark per head per day as premium for particular services rendered.
Furthermore, care will be taken that workmen can exchange these premiums, which will be paid out in camp money [Lagergeld] for goods. It is intended to put at their disposal various provisions (e.g., sunflower seeds, etc.) beer, tobacco, cigarettes and cigars, small items for daily use, etc.
The Reich Food Ministry in conjunction with the Reich Association Coal and the Reich Ministry of Economic Affairs will clarify the question whether, beyond that, something else can be changed as far as rations are concerned.
2. Equally, in occupied countries, labor is to be tied more securely to the various factories by means of the distribution of additional ration cards as premium for good services. This refers in particular to the General Government and the occupied territories in the East. The output demanded of the General Government is to be fixed at the proposed amount, and the additional rations for armament workers may then be rated accordingly.
[Typewritten signature] DR. GRAMSCH Present:
Reich Minister Speer Field Marshal Milch Staatstrat Schieber Reich Ministry for Armament and Munitions Oberbuergermeister Liebel Reich Ministry for Armament and Munitions Major General Waeger Reich Ministry for Armament and Munitions Dr. Ing. Groener Reich Ministry for Armament and Munitions President Kehrl Reich Economic Ministry Min. Dir. Gramsch Four Year Plan Min. Dirig. Timm Plenipotentiary General for Labor Allocation (GBA) Staatsrat Pleiger Reich Association Coal (RVK) Dr. Sogemeier Reich Association Coal (RVK) Dr. Rosenkranz Reich Association Coal (RVK)
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-A
EXTRACTS FROM STENOGRAPHIC MINUTES OF THE FIFTY-THIRD CONFERENCE OF THE CENTRAL PLANNING BOARD, 16 FEBRUARY 1944
Secret! _STENOGRAPHIC MINUTES OF THE 53D CONFERENCE OF THE CENTRAL PLANNING BOARD_
_Concerning Supply of Labor held on 16 February 1944, 10 o’clock,_ _in the Reich Air Ministry_
Present: Milch (for Central Planning Board), Kehrl, Backe, etc.
MILCH: The armament industry employs foreign workers to a large extent, according to the latest figures—40 percent. The new allocations of the Plenipotentiary General for Labor Allocation consist mostly of foreigners and we lost a lot of German personnel which was called up. Specially the air industry being a young industry employs a great many young people who should be called up. This will be very difficult as is easily seen if one deducts those working for experimental stations. In mass production the foreign workers by far prevail. It is about 95 percent and higher. Our best new engine is made 88 percent by Russian prisoners of war and the other 12 percent by German men and women. 50-60 Ju 52’s which we now regard only as transport planes are made per month. Only 6-8 German men are working on this machine, the rest are Ukrainian women who have beaten all the records of trained workers.
* * * * *
The list of the shirkers should be entrusted to Himmler’s trustworthy hands who will make them work, all right. This is very important for educating people and has also a deterrent effect on such others who would likewise feel inclined to shirk.
* * * * *
* * * It is, therefore, not possible to exploit fully all the foreigners unless we compel them by piece work or have the possibility of taking measures against foreigners who are not doing their bit. But if the foreman lays hands on a prisoner of war or smacks him, at once there is a terrible uproar, the man is put into prison, etc. There are sufficient officials in Germany who think it their most important duty to stand up for human rights instead of war production. I, too, am all for human rights. But if a Frenchman says, “You fellows will all be hanged and the chief of the factory will be beheaded first”, and if then the chief says, “I am going to hit him”, then he is in a mess. He is not protected, but the “poor fellow” who said that to him is protected. I have told my engineers, “I am going to punish you if you don’t hit such a man; the more you do in this respect the more I shall praise you. I shall see to it that nothing happens to you.” This is not yet sufficiently known. I cannot talk to all plant leaders. I should like to see the man who stays my arm because I can take care of anybody who does so. If the little plant leader does that he is put into a concentration camp and runs the risk of losing the prisoners of war. In one case two Russian officers took off with an airplane but crashed. I ordered that these two men be hanged at once. They were hanged or shot yesterday. I left that to the SS. I expressed the wish to have them hanged in the factory for the others to see. * * *
* * * * *
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-B
REPORT ON THE FIFTY-THIRD CONFERENCE OF THE CENTRAL PLANNING BOARD, 16 FEBRUARY 1944
[Marginal notes] St. 10-44 VII Top Secret
The Plenipotentiary for the Four Year Plan Central Planning Board Z.P. 7 g. Rs. Pl. 030053
Berlin, 18 February 1944 W 8, Leipziger Strasse 3
Secret 31 copies, 3d copy [Milch’s initial] M _REPORT ON THE 53D CONFERENCE OF THE CENTRAL PLANNING BOARD ON 16 FEBRUARY 1944, ON LABOR ALLOCATION 1944_
The purpose of this conference is to determine the labor needs and resources for the 1st quarter and the whole year of 1944. The session is opened by the discussion of the data submitted by the planning office (see enclosures 1-9). On the basis of the planning office’s estimate of the requirements (enclosure 9) these turn out, after discussion with the individual allottees, to be the following:
First Second-Fourth Quarter-44 Quarter-44 Total in 1000’s Agriculture 70 (1) 70 (2) 140 Forestry and Timber Industry 40 (3) . . (4) 40 Armament and War Production 544 (5) 3,000 (6) 3,544 Air Raid Damages 100 50 150 (7) Communications 85 (8) 265 350 Distribution . . . . . . Public Administration 62 (9) . . 62 Wehrmacht Administration 130 . . 130 ——— ——— ——— 1,031 3,385 4,416
(1) Not including the 200,000 of whom 100,000 each will flow back from industry and forestry.
(2) Not including the demand for seasonal workers amounting usually to 62,000.
(3) 25,000 for forestry and 15,000, including 8,000 women for the timber industry, as against a peacetime requirement of 150,000 male and 40,000 female seasonal workers, although now considerably increased production (1943:70 million cubic meters; 1944:80 million cubic meters) and particularly heavy combing-out through draft.
(4) Starting autumn 1944, the usual necessary transfer from agriculture.
(5) Found to be a priority requirement for February with the Plenipotentiary for Labor Allocation.
(6) Starting March, 200,000 monthly as compensation for fluctuations—2 million for period March to December 1944. Plus compensation for return to agriculture 100,000 (cp. note 1) including 30,000 retrained workers who perhaps will have to be covered by an over-all exchange system and about 900,000 as replacement for draftees, as reserves for increased programs, etc., making about 3 million men all told for the period from March to December 1944.
(7) 150,000 is the minimum requirement in addition to the hitherto assigned 70,000 OT, 100,000 GB construction and 118,000 workmen to the local and district assignments and 42,000 workers centrally assigned. The mobile formations are to be increased and sometimes to be reinforced by local help, particularly by people unemployed through bombings.
(8) Including 75,000 for the Reichsbahn, 1,000 for inland navigation, 7,000 for motor traffic, 2,000 for minor railways.
(9) Including 27,000 for the Reichspost and 35,000 for the Red Cross.
In this estimate, real fluctuation (departure from work) as well as fictitious fluctuation (change of work location) are taken into account. Fictitious fluctuation is still to be variously estimated in the various branches. For the armament section it is estimated at 50 percent of the total fluctuation (cp. note 6). The total requirements of approximately 4.4 million would thus decrease by up to 1 million. The above estimate of requirements ought, therefore, in no case to exceed the requirements determined at the Fuehrer’s conference on 4 January 1944, comprising only the real fluctuation and amounting to 4,05 million namely:
1. Maintenance of the status of activity in the whole of 2,5 million the war economy including agriculture, taking into account the replacement of deficiencies due to drafts into the Wehrmacht, deaths, illness, expiration of contract, etc. (real fluctuation) 2. For additional armament tasks and removal of bottleneck 1,30 million situations in armament plants 3. Air raid defense constructions, etc. 0,25 million ————— Total 4,05 million
Kehrl is charged with the task of ascertaining the magnitude of real and fictitious fluctuation, and as a basis thereto, on behalf of the Central Planning Board, together with the competent offices, to determine the concepts, “real and fictitious fluctuation,” furthermore the concepts, assignment, reserves [Aufstockung], etc., in a uniform terminology which will be binding for all agencies concerned.
The following resources are the GBA’s [Sauckel’s] estimated coverage of the requirements:
1. With the utmost efforts, other workers can be mobilized 500,000 from German domestic reserves (getting hold of labor unemployed as result of enemy air raids, compulsory registration, shutting down, combing out measures) 2. Recruitment of Italian labor numbering at the rate of 1,500,000 250,000 a month from January to April—1,000,000 and 500,000 from May to December 3. Recruitment of French labor at equal monthly rates, 1,000,000 from 1 February to 31 December 1944 (approx. 91,000 per month) 4. Recruitment of labor from Belgium 250,000 5. Recruitment of labor from the Netherlands 250,000 6. Recruitment of labor from the eastern territories, 600,000 occupied former Soviet territories, Baltic states, and General Government 7. Recruitment of workers from other European countries 100,000 ————— Approximately 4,2 million
In addition, the following possibilities are seen for the mobilization of more reserves: Intensification of employment of women (in England, 61 percent of women between 14 and 65 are conscripted for the war economy, in Germany only 46 percent) especially in agriculture (more stringent application of the Goering ordinance), reduction in number of domestic assistants, reduction of the idle classes (Sauckel-Kehrl-Himmler, in this respect regional round-ups are to be carried out separately for foreigners, men and women) improvement of the sanitary system (saving up to 3 percent), working out of equitable contractual wages with incentive wage premiums. The planning office undertakes in common with the GBA [Sauckel] the examination of these possibilities for an intensified mobilization. Kehrl is moreover commissioned to make a general examination of the question of an improvement of industrial labor assignment. Everyone concerned will transmit their data on faulty assignment of workers to the planning office. If necessary, this question will be handled at a special session of the Central Planning Board.
For the 1st quarter of 1944 the following resources (including a fictitious fluctuation of about 50,000 per month) are given by the estimate of the GBA [Sauckel]:
Assignments in January 145,000 Assignments February-March 500,000 ———— Approximately 650,000
The adjustment of requirements and coverage will be effected at another session of the Central Planning Board.
[Signed] STEFFLER Present:
Field Marshal Milch State Secretary Koerner President Kehrl Ministerial Councillor Steffler Maj. Gen. Waeger Ministry for Armament and Munitions Teuscher Ministry for Armament and Munitions KVV Chief Bosch Ministry for Armament and Munitions Ministerial Councillor Wissmann Ministry for Armament and Munitions Lt. Col. Schaede Ministry for Armament and Munitions Provincial Counsellor Berk Plenipotentiary for Labor Allocation State Secretary Hayler Reich Economic Ministry General of Engineers Sellschopp Reich Air Ministry Staff Engineer Kaufmann Reich Air Ministry Staff Secretary Ganzenmueller Reich Transport Ministry Ministerial Director Hassenpflug Reich Transport Ministry Ministerial Councillor Hennig Reich Transport Ministry State Secretary Backe Reich Food Ministry State Secretary Alpers Reich Office for Forestry Prof. Abetz Reich Office for Forestry State Secretary Gutterer Propaganda Ministry Mayor Ellgering Propaganda Ministry Gen. Weidemann OKW Major Koch OKW
Distribution:
Reich Minister Speer 1st copy Reich Minister Funk 2d copy Field Marshal Milch 3d copy State Secretary Koerner 4th copy President Kehrl 5th copy & 6th Engineer Goerner 7th copy Ministerial Councillor Steffler 8th & 9th copies Maj. Gen. Waeger 10th copy KVV Chief Bosch 11th copy Ministerial Councillor Wissmann 12th copy Provincial Councillor Berk 13th copy State Secretary Hayler 14th copy General Engineer Sellschopp 15th copy State Secretary Ganzenmueller 16th copy State Secretary Backe 17th copy State Secretary Alpers 18th copy State Secretary Gutterer 19th copy Gen. Weidemann 20th copy Major Koch 21st copy Planning Office 22d & 23d copies Registry V.P. 24th & 31st copies
Pla. 160/ 11.2.
List of persons invited to the Conference of the Central Planning Board on 16 February 1944:
Chairman: Field Marshal Milch
Participants:
Reich Minister of Economy Funk State Secretary Koerner State Secretary Dr. Backe General Forester Dr. Alpers State Secretary Dr. Ganzenmueller State Secretary Dr. Gutterer President Kehrl Maj. Gen. Waeger Ministerial Manager Dr. Timm (crossed out and replaced by Provincial Councillor Berk) Military Government vice-regent Dr. Bosch Ministerial Councillor Dr. Steffler
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-A
EXTRACTS FROM THE STENOGRAPHIC MINUTES OF THE FIFTY-FOURTH CONFERENCE OF THE CENTRAL PLANNING BOARD, 1 MARCH 1944
_STENOGRAPHIC MINUTES OF THE 54TH CONFERENCE_[96] _OF THE CENTRAL PLANNING BOARD_
Re: Labor Supply on Wednesday, 1 March 1944, 10 o’clock, at the Ministry for Air Transport
SAUCKEL: Field Marshal [Milch], Gentlemen, it goes without saying that we shall satisfy as far as possible the demands agreed upon by the Central Planning Board. In this connection I wish to state that I call such deliveries as can be made by the Plenipotentiary for Labor Allocation “possible” by stressing every nerve of his organization. Already on 4 January I had to report to the Fuehrer with the greatest regret that for the first time I was not in a position to guarantee delivery of the grand total of 4,050,000 men then calculated in the Fuehrer’s Headquarters for the year 1944. In the presence of the Fuehrer I emphasized this several times. In the previous years I was able to satisfy the demands, at least with regard to the number of laborers, but this year I am no longer able to guarantee them in advance. In case I can deliver only a small number, I should be glad if those arriving would be distributed by percentage within the framework of your program. Of course, I shall readily agree if I am now told by the board: Now we have to change the program; now this or that is more urgent. It goes without saying that we will satisfy the demands whatever they may be, to the best of our ability, with due regard to the war situation. So much about figures!
We have no reason to contest the figures as such, for we ask nothing for ourselves. We are not even able to do anything with the laborers we collect; we only put them at the disposal of industry. I only wish to make some general statements and ask for your indulgence.
In the autumn of last year the supply program, inasmuch as it concerns supply from abroad was frustrated to a very great extent; I need not give the reasons in this circle; we have talked enough about them, but I have to state: the program has been smashed. People in France, Belgium, and Holland thought that labor was no longer to be directed from these countries to Germany because the work now had to be done within these countries themselves. For months—sometimes I visited these countries twice within a month—I have been called a fool who against all reason travelled around in these countries in order to extract labor. This went so far, I assure you, that all prefectures in France had general orders not to satisfy my demands since even the German authorities quarreled over whether or not Sauckel was a fool. If one’s work is smashed in such a way, repair is very, very difficult. * * *
* * * * *
* * * Today I am able to report that we stopped that decrease. According to most accurate statistics, which I had ordered, we have today again including foreign workers and prisoners of war, the same number of 29.1 million which we had in September. But we have added nothing since that time. Thus we dispatched to the Reich in those two months no more than 4,500 Frenchmen which amounts to nothing. From Italy only 7,000 civilians arrived. This, although from 1 December until today, I have had no hour, no Sunday, and no night for myself. I have visited all these countries and travelled through the whole Reich. My work was terribly difficult, but not for the reason that no more workers are to be found. I wish to state expressly, in France and in Italy there are still men galore. The situation in Italy is nothing but a European scandal, the same applies to a certain extent to France. Gentlemen, the French work badly and support themselves at the expense of the work done by the German soldier and laborer, even at the expense of the German food supply, and the same applies to Italy. I found out during my last stay that the food supply of the northern Italians cannot suffer any comparison with that of the southern Italians. The northern Italians, viz., as far to the south as Rome are so well nourished that they need not work; they are nourished quite differently from the German nation by their Father in Heaven without having to work for their bread. The labor reserves exist but the means of touching them have been smashed.
The most abominable point made by my adversaries is their claim that no executive had been provided within these areas in order to recruit in a sensible manner the Frenchmen, Belgians, and Italians and to dispatch them to work. Thereupon I even proceeded to employ and train a whole batch of French male and female agents who for good pay, just as was done in olden times for “shanghaiing”, went hunting for men and made them drunk by using liquor as well as words in order to dispatch them to Germany. Moreover I charged some able men with founding a special labor supply executive of our own, and this they did by training and arming, with the help of the Higher SS and Police Leader, a number of natives, but I still have to ask the Munitions Ministry for arms for the use of these men. * * *
* * * * *
* * * Especially the protected factories in the occupied countries make my work more difficult. According to reports received within the last days these protected factories are to a great part filled to capacity, and still labor is sucked up into these areas. This strong suction very much obstructs our desire to dispatch labor to the Reich. I wish to emphasize that I never opposed the use of French labor in factories which had been transferred from Germany to France. I am still sound of mind, and as recently as last summer I charged Mr. Hildebrand with an inquiry in France which had the following result: It would be easy to extract from French medium and small factories—80 percent of all French factories are small enterprises with only 36-40 working hours—1 million laborers for use in the transferred factories, and 1 million more for dispatch to Germany. To use 1 million within France should be quite possible unless the protected factories in France artificially suck up the labor completely and unless their number is continually increased, as happens according to my reports especially in Belgium, and unless new categories of works are continually declared protected, so that finally no labor is left which I may use in Germany. I wish here and now to repeat my thesis: A French workman, if treated in the right way, does double the amount of work in Germany that he would do in France, and he has here twice the value he has in France. I want to state clearly and fearlessly—the exaggerated use of the idea of protected factories in connection with the labor supply from France in my submission implies a grave danger for the German labor supply. If we cannot come to the decision that my assistants, together with the armament authorities, are to comb out every factory, this fountain of labor too in the future will remain blocked for the use of Germany, and in this case the program prescribed to me by the Fuehrer may well be frustrated. The same applies to Italy. In either country there are enough laborers, even enough skilled workers; only we must have enough courage to step into the French plants. What really happens in France, I do not know. That a smaller amount of work is done during enemy operations in France, like in every occupied country, than is done in Germany seems to me evident. If I am to fulfill the demands which you present to me, you must be prepared to agree with me and my assistants, that the term “protected factory” is to be restricted in France to what is really necessary and feasible by reasonable men, and the protected factories are not, as the Frenchmen think, protected against any extraction of labor from them for use in Germany. It is indeed very difficult for me to be presented to French eyes as a German of whom they may say, Sauckel is here stopped from acting for German armament! * * * On the other hand, I have grounds for hoping that I shall be just able to wiggle through, first by using my old corps of agents and my labor executive, and secondly by relying upon the measures which I was lucky enough to succeed in obtaining from the French Government. In a discussion lasting 5-6 hours I have exerted from M. Laval the concession that the death penalty will be threatened for officials endeavoring to sabotage the flow of labor supply and certain other measures. Believe me, this was very difficult. It required a hard struggle to get this through. But I succeeded and now in France, Germans ought to take really severe measures, in case the French Government does not do so. Don’t take it amiss, I and my assistants in fact have sometimes seen things happen in France that I was forced to ask, is there no respect any more in France for the German lieutenant with his 10 men. For months every word I spoke was countered by the answer: But what do you mean, Mr. Gauleiter, you know there is no executive at our disposal; we are not able to take action in France! This I have been answered over and over again. How then, am I to regulate the labor supply with regard to France. There is only one solution—the German authorities have to co-operate with each other, and if the Frenchmen despite all their promises do not act, then we Germans must make an example of one case, and, by reason of this law, if necessary put prefect or burgomaster against the wall, if he does not comply with the rules; otherwise no Frenchman at all will be dispatched to Germany. During the latter quarter the belief in a German victory and in all propaganda statements which we were still able to make has sunk below zero, and today it is still the same. I rather expect the new French ministers, especially Henriot [French (Vichy) Minister of Propaganda] will act ruthlessly; they are very willing and I have a good impression of them. The question is only how far they will be able to impress their will on the subordinated authorities. Such is the situation in France.
In Italy the situation is exactly the same, perhaps rather worse. * * *
Moreover, I am offended, and this grieves me most, by the statement that I was responsible for the European partisan nuisance. Even German authorities reproached me thus, although they were the last ones who have the right to make such statements. I wish to protest against this slander, and I can prove that it is not I who is responsible. * * *
* * * Numerous German authorities, even such as had no connections with economics and labor supply, inquired of me, why do you fetch these people to Germany at all? You make trouble for this area and render our existence there more difficult. To which I can only reply: It is my duty to insist on it that labor supply comes from abroad. There is no longer a German labor supply. That the latter is exhausted I already proved by my ill-famed manifesto of April of last year. But I am not able to transfer the German soil to France. Nor can I transfer the German traffic to France nor the German mines. Nor can I transfer the German armament works which still have to release part of their workers, if fit for war service, nor their machines. Here alone 2,500,000 men are in question as has been calculated in the Fuehrer conference. It is the flower of German workers who go to the front and must go there. I have always been one of those who says: If only energetic measures are applied in fetching labor from abroad, then we want to release in God’s name everybody from armaments work whom we can, in order to strengthen our companies. The 1st and 7th Armored Divisions from Thuringia are frequently mentioned in the armed forces report, I can only tell you that the number of soldiers killed in battle in some Thuringian villages has surpassed for some time already the number of soldiers killed in the World War [I] by twice that amount. This I mention in my capacity as Gauleiter. It is for this reason that we have to do our duty. The best kind of German men, and men in the prime of life, have to go to the front, and German women of more than 50 years of age cannot replace them. Therefore I have to continue to go to France, Belgium, Holland, and Italy, and there will be a time again when I shall go to Poland and extract workers there as fit and as many of them as I can get. In this circle I only wish to urge that you spread it around that I am not quite the insane fellow I have been said to be during the last quarter of a year. Even the Fuehrer has been told so. It goes without saying that just this slander has had the effect that I was unable to deliver in the last quarter at least 1½ million workers whom I would have been able to deliver as long ago as last year, had the atmospheric conditions been better. It was due to that “artificial atmospheric screen”, that they did not arrive. I am aware that they simply have to arrive this year. My duty to the Fuehrer, the Reich Marshal, Minister Speer, and towards you, Gentlemen, and to agriculture is apparent, and I shall fulfill it. A start has been made, and as many as 262,000 new workers have arrived, and I hope and am convinced to be able to deliver the bulk of the order. How the labor is to be distributed will then have to be decided according to the needs of the whole of German industry, and I shall always be prepared to keep the closest contact with you, Gentlemen, and to charge the labor exchanges and the district labor exchanges with intimately collaborating with you. Everything is functioning if such collaboration exists. * * *
* * * * *
MILCH: * * * I now proceed to the important question, where are we still able to get greater amounts of laborers from you, and without a doubt the answer is, from abroad. I have asked Mr. Schieber to make a short appearance here in order to give his opinion on Italy. I agree with your statement, Gauleiter, that it is only the bad organization of our work abroad which is responsible for the fact that you can’t do your job. Too many people meddle in your work. If someone tells you, there is no executive in France and Italy, I consider it an impudence, a foolish and stupid lie uttered by people who either are unable to think or consciously state an untruth. This kind of person is not interested in giving a clear lead in this respect and in analyzing the situation, probably because they are not smart enough. In this way, however, your work is rendered more difficult or frustrated, and all armament work at the same time. For we have it before our eyes what close relations exist between the situation in the occupied countries and that in the armaments industry. A more foolish policy can hardly be conceived. In case the invasion of France begins and succeeds only to a certain degree, then we shall experience a rising by partisans such as we have never experienced either in the Balkans or in the East, not because this would have happened in any case, but only because we made it possible by not dealing with them in the right manner. Four whole age groups have grown up in France, men between 18 and 23 years of age, who are, therefore, at that age when young people moved by patriotism or seduced by other people are ready to do anything which satisfies their personal hatred against us—and of course they hate us. These men ought to have been called up in age groups and dispatched to Germany; for they present the greatest danger which threatens us in case of invasion. I am firmly convinced and have said several times, if invasion starts, sabotage of all railways, works, and supply bases will be a daily occurrence, and then it will be really the case that our forces are no longer available to survey the execution of our orders within the country, but they will have to fight at the front, thereby leaving in their rear the much more dangerous enemy who destroys their communications, etc. If one had shown the nailed fist and a clear executive intention, a churchyard peace would reign in the rear of the front at the moment the uproar starts. This I have emphasized so frequently, but still nothing is happening, I am afraid. For if one intends to start to shoot at that moment, it will be too late for it; then we have no longer the men at our disposal to kill off the partisans. In the same way, we are aware of the fact that their supply of arms in the West is rather ample since the English are dropping them from planes. I consider it an idiotic statement if you, Gauleiter, are accused of having made these men into partisans. As soon as you arrive the men run away to protect themselves from being sent to Germany. Then they are away, and since they do not know how to exist, they automatically fall into the hands of the partisan leaders; but this is not the consequence of the fact that you wish to fetch them, but of the fact that your opposite number, the executive is not able to prevent their escape. You simply cannot act differently. The main crux of the problem is the fact that your work is made so extremely difficult, and this is why you cannot deliver the 4,050,000 workers. As long as it is feasible for these men to get away and not be caught by the executive, as long as the men are able not to return from leave and not to be found out on the other side, I do not think, Party Comrade Sauckel, that you will have a decisive success through employing your special corps. The men even then will be whisked away unless quite another authority and power is on the watch, and this can only be the army itself. The army alone can exercise effective executive. If some say they cannot do this kind of work, this is incorrect for within France there are training forces stationed in every hole and corner town and every place which could all be used for this work. If this would be done in time, the partisan nuisance would not emerge, just as it would not have done in the East if one had only acted in time. Once I had this task at Stalingrad. At Taganrog there were then 65,000 men of the army, and at the front one lieutenant and 6 men were actually available for each km. and they would have been only too glad if they had 20-30 for their assistance. In the rear there were great masses of men who had retreated in time and squatted down in the villages, and who now were available neither for fighting at the front nor for fighting the partisans. I am aware that I am placing myself in opposition to my own side, but I have seen such things happen everywhere, and can find no remedy but that the army should assert itself ruthlessly. You, Gauleiter Sauckel, the Reich Marshal, and the Central Planning Board ought to report on this question to the Fuehrer, and then he ought to decide at the same time on the duties of the military commanders. There ought to be orders of such lucidity that they could not be misunderstood, and it is then that things will be in order. It never can be too late to do so, but these duties and this work will be more difficult to perform with every passing day. The same applies to Italy as well.
* * * * *
SAUCKEL: I wish to insist on combing out the protected factories in the future also for the protected factories are working like a suction pump; and since it is known everywhere in Italy and France that every worker if he works in a protected factory is protected against any attempt of mine to extract him, it is only too natural that the men are pouring into these factories. How difficult my task becomes thereby is proved by the following fact. I intended to extract from Italy a million workers within the quarter ending 30 May. Hardly 7,000 arrived in the two months which expired so far. This is indeed the difficulty. The bulk enters the protected factories, and only the chaff remains for my purpose to send them to Germany. At least I hope to accomplish that with regard to larger enterprises as the number of protected factories is restricted in Italy, i.e., the number of protected factories, will not be further increased.
* * * * *
SAUCKEL: This indeed is the decisive question, the one we are dealing with now. If half of the program for 4 million workers to be brought to Germany—in other words 2 million—cannot be fulfilled, the employment of labor in Germany will fall off this year. The more useful workers, however, are in France, and of course in Italy too, employed in the protected factories. Therefore if I am not to touch the protected factories which are situated in these countries, this will have the effect that the less valuable workers instead of the more valuable type will arrive in Germany. And here we have to ponder about what is in fact more important and expedient. If we give up using these people in Germany, where we effectively rule the factories, where moreover we keep to a different labor discipline and reach better labor results than in France proper, then we give up the valuable kind, and then I shall only be able to transport to Germany the less valuable kind of people who still can be found on the streets of France or Italy, or people like waiters, hairdressers, small folk from tailor shops, etc.
MILCH: What is the percentage of protected factories in Italy compared with the whole of Italian labor?
SCHIEBER: I think 14 percent, but I don’t have the figures here.
MILCH: Would not the following method be better: We could take under German administration the entire food supply for the Italians and tell them: Only he gets any food who either works in a protected factory or goes to Germany.
SAUCKEL: True, the French worker in France is better nourished than the German worker is in Germany, and the Italian worker too, even if he does not work at all, is better nourished in the part of Italy occupied by us than if he works in Germany. This is why I asked the German food authorities over and over again to improve also the food of the German worker introducing the “factory sandwich”. When I am in Paris, of course, I go to Maxim’s. There one can experience miracles of nourishment. The Fuehrer still thinks that in these countries only very rich men who can go to Maxim’s are well provided with food. Thereupon I sent my assistants to the Paris suburbs, to the estaminets and lunch restaurants and was told that the Frenchmen who eat there did not feel the shortage caused by the war to any degree comparable with what our nation has to experience. The average French citizen too can still buy everything he wishes.
(Interruption: This is still more so in small places!)
Yes. Moreover, the Frenchman can pay for what he can get. Therefore he has no reason for wishing to go to Germany in order to get better food. This unfortunately is the case.
MILCH: Is there nothing we can do? True, we might not be able to control the distribution to the customer, but we ought to be able to intervene at an earlier stage of distribution.
KOERNER: We have requested from France really immense amounts of food; these requests have always been fulfilled; often after some pressure, but they have been fulfilled.
MILCH: But there is a simple remedy, let us cease supplying the troops from Germany, but tell them to provide the food for themselves from France. Then in a few weeks they will have everything eaten up, and then we can start distributing the food to the Frenchmen.
KOERNER: In France there still is for the time being a rationing system. The Frenchmen had his ration card on which he receives the minimum. The rest he provides in other ways, partly by receiving food parcels which we cannot touch at all. Every year we increase our food demands to the French Government who always satisfied them, though very frequently yielding to pressure, and in proportion to the harvest results, were they good or bad. In Italy the situation is that food is not rationed at all. The Italian can buy and eat what he wants, and since an Italian always has money and deals in the black market, he is in a much better situation than our German worker who practically has nothing but what he gets on his card.
MILCH: But don’t we even send food to Italy?
KOERNER: We are exchanging certain goods.
SAUCKEL: Moreover we are now at the point that the families of French and Italian workers are no longer in a better position owing to the money transfer if their bread-winning members are working in Germany than if they remain abroad; now nothing remains to induce them to go to Germany.
* * * * *
MILCH: Unfortunately, Reich Minister Speer is not present today. He certainly must have had an opinion about the whole system. His agreement with Bichelonne was to activate an additional labor supply in France itself for our armament with the aid of existing French capacities. We cannot compute the result here of what was achieved by that action. Whether the result he dreamed of has been achieved cannot be decided just yet; that is, have the S-plants given us an increase of armaments which is greater than what we would have achieved if the people had worked in Germany? I would propose that Minister Speer himself one day clarify this problem again. Because if only a negative result had been achieved, he would automatically change his point of view too.
The first question is: Is the percentage of trained people in the S-plants so great that all the others are to be regarded as rubbish? And the second question is: Is it possible at all, with the lack of so-called executive power and differing opinions on this question, to seize and transfer to Germany the remaining 80 percent who are not in the S-plants? So, in view of the general political and organizational conditions in France, would you be able to transfer some 10-15 percent of the best of these 80 percent?
SAUCKEL: I’ll have to get them.
MILCH: Can you do it at all?
SAUCKEL: Today I cannot promise anything. Today I can only do my work.
MILCH: I mean, in reference to the other 80 percent, if your hands are not tied by different circumstances, that first, there is nothing to attract these people to Germany; that second, they reckon with Germany’s defeat in a short time; that third, they are attached to their families and to their country; and that fourth, they shun work because they can still exist, and without it they look on the whole period as a period of transition. On the other hand you have the fact that the army does not assist you and that the German authorities are hostile to each other, a fact which is very cleverly utilized by the French.
SAUCKEL: That has changed since my last visit. All German authorities, the Military Commander, Field Marshal von Rundstedt, Field Marshal Sperrle, have supported me considerably in these affairs.
(MILCH: I refer to the smaller authorities, the executive ones.)
That has been spoiled—pardon me if I have to bring this up—because all departments, even armaments over there, were of the opinion up to 4 January, that my claims and, especially, my figures, were crazy.
(MILCH: But only people who could not understand such figures.)
Up to 4 January it was the same everywhere, from the military commander to the German Ambassador and the German armament departments. Up to then all the agencies in France had in general held the opinion: it has not been decided yet by any means, Sauckel’s figures are not correct, so we have to take it easy here. And that penetrated naturally down to the lower ranks of French authorities too.
MILCH: That is just what I mean about the differences of opinion between you and Minister Speer. You say: The best thing for me is to approach the protected industries; Speer says: Leave those people alone, take 80 percent away from the others. And if one is neutral, one has to say, always with the provision that these 20 percent in the S-plants really achieve something for us, Speer is right when he says: Please do not touch my 20 percent; there are enough among the 80 percent for your use. And now I say: Why do you not take the others? Is it so difficult to approach them?
SAUCKEL: No. I need the people as well. The fact is that Speer’s plants are filling up nowadays. For instance, I received the information the day before yesterday that the urge to work for the protected industries is especially strong in France just now and so the supply of skilled workers to Germany is practically cut off. Skilled workers can only be found in these plants.
KEHRL: May I explain briefly the opinion of my Minister? Otherwise the impression might be created that the measures taken by Minister Speer had been unclear or unreasonable, and I want to prevent this. Seen from our viewpoint, the situation is as follows: Up to the beginning of 1943 manufacturing for Germany was done in France only to a relatively modest extent, since generally only such work was transferred for which German capacity did not suffice; these were some few individual products, and moreover some basic industries. During all this time a great number of Frenchmen were recruited and voluntarily went to Germany.
(SAUCKEL: Some were recruited forcibly.)
The drafting started after the recruiting no longer yielded adequate results.
SAUCKEL: Out of the five million foreign workers who arrived in Germany, not even 200,000 came voluntarily.
KEHRL: Let us forget for the moment whether or not some slight pressure was used. Formally, at least, they were volunteers. After this recruitment no longer yielded satisfactory results, we started drafting according to age groups, and with regard to the first age group the success was rather good. Up to eighty percent of the age group were registered and sent to Germany. This started about June of last year. Following developments in the Russian war and the hopes raised thereby in the western nations, the results of this calling-up of age groups became considerably worse, as can be proved by the figures noted; viz., the men tried to dodge this call-up for transport to Germany, partly by simply not registering at all, partly by not arriving for the transport or by leaving the transport en route. When they found out through these first attempts during the months of July and August that the German executive either was not able or was not willing to catch these shirkers and either to imprison them or take them forcibly to Germany, the readiness to obey the call-ups sank to a minimum. Therefore, relatively small percentages were caught in individual countries. On the other hand, these men, moved by the fear the German executive might after all be able to catch them, did not enter French, Belgian, or Dutch factories, but took to the mountains where they found company and assistance from the small partisan groups there.
* * * * *
MILCH: Another question. Since now through the transfer of various industries so much is covered by French labor, as in the textile industry, etc., a corresponding number of German workers would necessarily become free as a result of that.
KEHRL: Then they will not be requisitioned here, though they would have been formerly.
TIMM: Nobody is going to be released. Probably other requests will be sent to the same factories.
SAUCKEL: In this respect I must also draw attention to the fact that the German factories which were shut down were much more up to date and probably worked with less personnel than the French factories.
MILCH: But we want all the factories to work for armaments.
KEHRL: That would also result in spreading the risk in case of air warfare.
MILCH: I believe the system to be good, as a still more severe commitment of workers for Germany would have the effect of making a considerable part of them remain over there for good. I wish you had something to back you up so you can have enough power to get it done. I do not think that anyone in France will enforce it.
SAUCKEL: But they will all right, if Germany goes at this thing the right way. It is not the insignificant French workman who should be punished, but the French policeman, who, instead of supplying people to Germany, goes to them beforehand and says: I’m coming tomorrow; you’d better get out. The French subordinate and intermediary authorities have to be punished.
MILCH: Even if Bichelonne and Laval have the best intention there will be resistance from the mayors, the gendarmes, and the prefects, just because these people are afraid that, first, they will be called to account afterwards for it, and, second, because of their patriotism, which makes them say: We must not work for the enemy of our country. Therefore, I would like to have an authority in our administration which would force these people to do it, because then the French could say: If you force us, we will do it, but voluntarily we will not do it. The same applies to Italy. There they say: Who knows who will win, whether it will be Mussolini or Badoglio or the King; only, if you force us, we are ready to do it. Therefore, we have to have something on our side which will exercise this pressure. I don’t see at all why big divisions should be necessary for this. The existing forces should be sufficient to accomplish it.
TIMM: I have the feeling that we are sticking too closely to the figures and are neglecting the qualitative side of the question. The present development may permit us to fulfill our programs with regard to figures, but in the demands made by the factories the important thing for them is to have so many metal workers, etc. Then we practically have to say: You will only get unskilled workers.
KEHRL: We realize that. The plants are getting unskilled workers, at the utmost it may be possible to obtain skilled workers by transferring plants from Italy to Germany.
SAUCKEL: Then in the course of the year the factories will declare: We cannot use these workers. And over against this you have the fact that in France we have a reservoir of unused skilled workers.
MILCH: I am not worrying about that. Naturally our plants will say: We want skilled workers. But they also need a certain number of unskilled workers.
TIMM: Will it not happen that the officers making the demands say one day: But we know that in the French plants there is an excess of skilled workers which cannot be justified?
MILCH: That should be discussed again later with Speer himself. First, Speer must have the proper perspective to see what has happened as the result of all his agreements.
I can imagine that first the _numerus clausus_ is introduced at once, so that the extent of the output in the S-plants is fixed, and that secondly it is decided later on that if a part of the S-plants has not worked properly after a certain period, they lose their protection again and the people from these plants can be transferred as a unit. I can foresee already now that in air armaments, part of the plants will turn out such bad production that I shall not be interested in keeping them up. So, protection for certain plants will simply be discontinued. And this will have a positive effect on the other plants, too, because they will say: If we don’t do our work properly, we shall be transferred. Now during the transfer it is necessary to see that people really do arrive and do not run away before or during the transfer. If a transport has left a town and has not arrived, 500 to 600 persons from this place must be arrested and sent to Germany as prisoners of war. Such a thing is then talked about everywhere. If actions like this and other similar ones are carried out often, they would exert a certain pressure. The whole thing would be made easier if we had control of food. The stuff offered by the black market has to come from a certain depot, and there we ought to cut in.
KEHRL: That is difficult. The transport of food by parcel post has taken on extraordinary proportions in France.
MILCH: If I were military commander, I would simply confiscate the whole of the parcel post!
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PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-D
EXTRACTS FROM THE REPORT ON THE FIFTY-SIXTH CONFERENCE OF THE CENTRAL PLANNING BOARD, 4 APRIL 1944
The Plenipotentiary for the Four Year Plan Central Planning Board Z.P. 18 Secr. St. Papers Pl. 030056
Berlin, 8 April 1944 [Signed] DR. GOERNER
Top Secret State Matter _REPORT ON THE 56TH CONFERENCE OF THE CENTRAL PLANNING BOARD ON 4 APRIL 1944_
_Building Allocation 1944_
* * * * *
The _Jaegerstab_ is to get a quota of 550 million including 150 million definitely pledged from the reserve and the _air administration_ is to have a quota of 200 million; both are to be checked against each other. Regarding the air administration quota, precise details (as to specific amounts, number of workers required, quantities of material, etc.) are to be submitted, building projects for the supplying industry (optical glass) are to be transferred to the office of armament supplies, trial projects are to be discussed between the commissioner of building and air H.C., the remaining demands are to be cleared between air chief administration and the Chief of the General Staff.
* * * * *
The quota recipients will be informed of their respective quotas as of guiding figures within the limits of which the commissioner of building may give assignments. The quota recipients themselves are, on the basis of these guiding figures, to re-plan their projects by concentrating on priority issues and to report which of their building projects will have to fall out including the resulting figures. Field Marshal Milch will report to the Fuehrer on the total situation of building. Reports on the quotas Air Ministry, Navy, Army, and Reichsbahn are to be sent to Field Marshal Milch forthwith.
Demands of labor, building materials, etc., as resulting from the quota allocations are to be discussed with the planning office by the quota recipients taking into account such amounts of the quota as were already used up for building purposes since 1 January 1944.
[Typed signature] STEFFLER.
Present:
Field Marshal Milch Reich Minister Funk State Secretary Koerner[97] President Kehrl[98] Dr. Ing. Goerner Min. Rat Steffler
[follow names of 27 others who attended, including Under Secretary Ohlendorf,[99] Lt. Gen. (Artillery) Von Leeb,[100] and Professor Krauch.[101]]
[Signed] STAATSRAT SCHIEBER
TRANSLATION OF DOCUMENT NOKW-287 PROSECUTION EXHIBIT 49
LETTER FROM MILCH TO SAUCKEL, 8 APRIL 1943, CONCERNING THE PROTECTION OF INDUSTRY
Copy
The Reich Air Minister and Supreme Commander of the Air Force St/GL
Secret
File note: 16m 10 No. 220/43 secret (GL/A-W Wi 3 II)
Berlin W 8, 8 April 1943 7 Leipziger Street Tel. 12 0047, Ext. 5530
To the Plenipotentiary for the Four Year Plan Plenipotentiary General for Labor Allocation Berlin SW 11 96 Saarland Street
Subject: Protection of Industry.
The continuously increasing drafting of German workers from the production as well as from the security teams (plant protection and plant fireguards) make it necessary to assign more and more foreign labor to the factories of the armament industry. This assignment of foreign labor faces the plants of the armament industry with special tasks of security, which cannot be guaranteed with the forces at present at the disposal of the industry. According to what I have found out the statistics of 31 December 1942 have already shown an unfulfilled demand of 15 percent in plant protection personnel. Moreover, the extension of the air force industry brings about a further increase in the requirements for plant protection personnel, an increase which up to now has not been covered by the labor offices.
An investigation I made in a number of plants of the air force industry a short while ago has shown that even after the introduction of the compulsory labor law most of the labor offices could not make the necessary forces available for protection and fireguard tasks, while other labor agencies could not entirely satisfy the needs. The labor office of Halberstadt has even refused to deal with this requirement because these men were required for organizations without productive value.
In the field of the air force industry I already ordered, at the beginning of the war, the 84-hour week for these sectors. So that no further increase can be made with these working hours, for otherwise, there would be an increase of illness which would bring about a further unwarranted weakening in the numbers of the personnel. Even the decree for the securing of the necessary forces of protectory guards, issued by you on 29 December 1942, (File note: Va 5550.917) has not yet shown any results up to now in the field of the armament industry.
Therefore, you are urgently requested to direct the labor offices to place at the disposal of the armament plants, upon their request as quickly as possible the competent forces for plant protection and fireguards, because otherwise normal security in the plants does not seem to be guaranteed any longer.
In the field of air force industry, this would involve approximately 2,500 to 3,000 men.
We ask you to kindly inform us about the steps taken.
Copy, for information, to: OKW W Stb [Economic Staff of the Armed Forces]
BY ORDER: MILCH [Typewritten]
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-A
SPEER’S MINUTES OF A CONFERENCE WITH HITLER ON 8 JULY 1943
Top Secret State Matter Berlin, 10 July 1943 _CONFERENCE WITH THE FUEHRER, 8 JULY 1943_
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17. The Fuehrer laid down in the coal discussion that 70,000 Russian prisoners of war fit for mining work should be sent each month to the mines. He also pointed out that an approximate minimum of 150,000-200,000 fit Russian prisoners of war must be earmarked for the mines in order to obtain the required number of men suitable for this work.
If the Russian prisoners of war cannot be released by the army, the male population in the partisan infested areas should without distinction be proclaimed prisoners of war and sent off to the mines.
At the same time the Fuehrer ordered that prisoners of war not fit for the mines should immediately be placed in the iron industry, in manufacturing and supply industries, and in the armament industry.
The Fuehrer further ordered that he should receive a monthly report giving (_a_) the total number of Russian prisoners of war, and (_b_) the number of Russian prisoners of war fit for mining, made available for the mines and a report addressed to Field Marshal Keitel as to why the remainder could not be used.
The joint report of Sauckel and Pleiger is also to be sent to me.
[Signed] SPEER
PARTIAL TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-A
EXTRACT FROM THE REPORT BY SAUR OF THE CONFERENCE WITH THE FUEHRER, 5 MARCH 1944
Top Secret State Matter Berlin, 6 March 1944 _POINTS FROM THE CONFERENCE (SAUR) WITH THE FUEHRER ON 5 MARCH 1944_
_Jointly with Field Marshal Milch, Lt. Gen. of the Air Force_ _Bodenschatz, Colonel von Below_
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18. Told the Fuehrer of the Reich Marshal’s wish for the future utilization of the productive capacity of prisoners of war by giving the direction of the Stalag to the SS, with the exception of the British and Americans. The Fuehrer considers the proposal a good one and has asked Colonel von Below to arrange matters accordingly.
* * * * *
(Prepared by Saur) (Seen by Speer)
EXCERPTS FROM THE TESTIMONY GIVEN BY DEFENSE WITNESS ALBERT SPEER[102] BEFORE COMMISSION ON 19 FEBRUARY 1947
* * * * *
_EXAMINATION_
* * * * *
JUDGE MUSMANNO: Herr Speer, I would like to understand the machinery by which labor was brought into Germany beginning with the request by any particular department for any particular number of workers. Let us suppose that someone appeared before the Central Planning Board and said, “I will need fifty thousand men for a factory that I am about to construct.” Now please tell us just what happened. Would you issue an order to somebody? Would he then in turn order someone else and how did these workers finally then arrive in Germany?
WITNESS SPEER: If somebody on the Central Planning Board requested labor, the Central Planning Board did not issue an order that these workers must be supplied, but the Central Planning Board agreed that those workers can be supplied. An order by the Central Planning Board, Sauckel would not have accepted. That is a definite fact.
It is quite clear that the requests for labor did not occur in these long intervals between the meetings of the Central Planning Board, but this had to happen in much shorter intervals and in a constant collaboration with the people concerned, for the enemy air raids and changes in programs which became necessary because of the military situation made these changes very often necessary. Therefore, for the whole of our armament industry and also for certain branches of production outside armament that were in my ministry, we decided on so-called framework contingents, and priority lists were drawn up. I do not know whether you are interested in that part.
Q. Well, not particularly. I want very succinctly a statement as to the steps which ensue after the declaration of someone before the Central Planning Board that he needed a certain number of workers. Who was informed of this request? Who authorized the call for the workers? Who submitted the demand? Who then at the other end gathered the workers? Not in detail—I just want the steps in movement from the Central Planning Board until the men actually arrived.
A. The Central Planning Board did not deal with that matter anymore afterwards. Let us say the request of labor, say, of the coal mining industry——
Q. Yes.
A. ——was reported to Sauckel by the coal mining industry itself. Therefore, one could call a meeting of the Central Planning Board as a statement for Sauckel that such labor is very important for the coal mining industry, and that as far as possible he has to supply them. That is necessary within the framework of economic planning, but beyond that the Central Planning Board did not pursue the matter any further or was not even in a position to do so.
Q. Well, did you know there at the fountainhead of labor—because if you made the request originally, that is what started the machinery in motion—did you not know that bringing in workers forcibly from occupied territories to work in the war operation constituted a violation of international convention? Weren’t you aware of that right at the very source?
A. What I say now is not meant to be an excuse. I really did not know it. Up to the beginning of my trial here, the regulations of international law were unknown to me, and nobody ever drew my attention to the fact that such regulations exist; but I want to say once more, I don’t say this in order to excuse myself, here, but it is a fact that it was like this.
Q. Well, you were certainly quite aware from the decision of the International Military Tribunal just how illegal and improper that was.
A. I took note of it there, and, after all, I received my punishment for it now.
Q. Well, could you not have followed the same line of reasoning adopted by the Tribunal, which, after all, was based upon international convention? You were a man of education, a man of great cultural attainments and of great technical ability, and it was because of these attributes that you were chosen by Hitler to become the Minister of Armaments. Could you not have reasoned that out by yourself? Wasn’t it very clear and obvious?
A. I believe that the general knowledge of the principles of international law can only be brought to the knowledge of a wider circle of legal laymen if after a war legal offenses committed during the war will be revealed by a public trial, and thereby a more general knowledge of offenses against international law becomes known. You know that I was an architect and that such knowledge as I had in the field of law I merely received from newspapers, and I knew, for instance, all about various legal commitments of architects which are fairly extensive as far as construction of buildings goes.
I would say that a great mistake has been committed here by omitting after the First World War to establish international legal conditions by trials, and at the same time to adjust it to the developments of technical warfare instead of which, after the First World War, the whole question of the deportation of labor, for instance, was decided by the highest German courts, and as far as I know, the decision of that court was not particularly lucid. This is how the basis of ignorance is laid in the field of international law, and I believe that many a mistake and many a violation in this war could have been avoided or at least mitigated if a general knowledge of international law had been prevalent.
Q. Would you say that had there been, following the First World War, trials such as those we are now conducting, that you then would have been aware of the illegality of the practices in which you were engaged; or rather, you would have been aware of the illegality of such practices and you then would not have participated in them?
A. I am of the opinion that trials against the responsible men for the First World War after its conclusion would have enlightened the public and myself on the tenets of international law. I do not wish to go as far as to say that I would not have committed these breaches of law, for it is very difficult to excuse one’s self after the event by saying one committed the act only through ignorance of international law. Nevertheless, I should say that the observance of international law would have been possible without losing much momentum in my armament drive. Of course only that part of international law is meant here which deals with the recruiting of labor, whereas the other factor, the so-called legal looting of occupied territories as it is called, there is no doubt that that would have been necessary for an increased output of armaments. Violations of international law as far as the assignment of labor was concerned were in my opinion not only unnecessary, but unreasonable. We would have achieved more if we had observed international law. This is a very complicated topic; I do not know whether you are interested why this should be so.
Q. Well, I merely want you to enlighten me, if you care to, on this specific angle. You are considered a specialist. Now, had there been an international trial following the First World War, and the decision in that trial had been very clear and specific—as was the decision in this trial—you would have then known the limitations very specifically on the conduct of war; and having then known that you couldn’t do certain things, would you then have refused to participate as you did in this World War as a specialist? Having been put on notice that you cannot take labor from other countries forcibly and throw them into the armament industries—knowing all that, would you then have refused to give your services to Hitler in the prosecution of this war?
A. As to the first part of the question I wish to say if a trial and a clear decision had been handed down after the First World War, then certainly somebody would have put the international laws and regulations on my desk; that is to say, he would have informed me of it. The second question—it is not possible to give a simple answer to the second part of the question for when I started my office in 1942 the war in all its aspects had already departed from all existing international regulations. Please don’t misunderstand me if I point out here that economic warfare was waged by the British and Americans with extreme concentration on bombing warfare, which was not a matter of national reprisal because it hit industries in occupied territories. On the other hand the war with Russia had gone beyond the normal limits, if I can call it that. It is difficult for me to say who was the guilty party.
Q. I do not refer to the time after the war had reached such a state that there were no restrictions. I am speaking of the period before the war started. I would like to know whether a man of your education could have been enlisted in a practice which you knew and would then have known was entirely illegal and contrary to international law as well as the precepts and dictates of humanity.
A. I would not have participated if I had known the whole documentary material which became known in our first big trial. If I had known that Hitler since 1938 had prepared for war and had tied the fate of his people to his own to such an extent that his end was the end of his own nation——
Q. I didn’t intend to enter into such a long discussion on this. All I had in mind was that if those in your classification, as specialists, would have observed international law, and would have known clearly what international law was—the restrictions, the limitations and so on—and if we assumed that these specialists were men of character, then, even though Germany had at the helm a navigator who had become mad, he could not have run the ship on to the rocks for the simple reason that you and the other specialists who assisted in the present shipwreck, would have refused to ship on a venture which was so obviously bound for the rocks, internationally speaking. Is that true or not?
A. That is so without a doubt.
Q. And would you go so far as to say that had there been an international trial of the proportions of the one we have just had, and these which are now following, after the First World War, and the knowledge resulting from decisions handed down would have become well-known because of the punishments which would have been inflicted, would you say that that might have served as a bar against a Second World War?
A. I do not wish to say that it could have stopped and Hitler——
Q. If Hitler had not had specialists, Hitler could not have wrecked the world himself. Hitler had to have a Speer and had to have the others who were condemned in the first International Military Tribunal. He could not have done it alone.
A. That’s quite clear, but these specialists were taken into their part of the war without realizing what the connections were and an international trial is not a wholly certain method to prevent a new war; but I think it’s a very essential contribution toward that aim. I am unable to answer your question by saying that Hitler would have been unable to find collaborators if, after the First World War, these trials had been held, but I do wish to say it would have been much more difficult for him, also because our specialists were not very intimately connected with the Party circles.
Q. Well, I think that’s a point I wanted to find out; that, if the specialists had refused to collaborate, knowing that the contribution of their service meant a completely illegal undertaking, then Hitler could not have conducted a war by himself and therefore there could not have been a war?
A. In technical warfare the specialists are decisive factors for the conduct of war, but the specialists are not to be regarded as being the parties principally responsible. They do not have the necessary knowledge of the background, the political background—essential in view of Hitler’s untruthfulness—to see where he is taking the ship.
Q. The ship could go nowhere without you specialists. That’s all.
A. I thank you.
JUDGE MUSMANNO: Do you have any questions, Dr. Bergold?
_DIRECT EXAMINATION_
DR. BERGOLD: Yes, sir, I have. Witness, his Honor has asked you how it would be if a factory, for instance, would need and would request 50,000 workers, which way and in which channel would take this request up to the point in foreign territories where 50,000 foreigners would have been gathered and taken to Germany for that purpose. Isn’t it correct that such a proposal of bringing 50,000 workers to this factory did not mean that 50,000 foreign workers would be brought but meant only that 50,000 workers altogether were brought? That meant German workers as well as foreign workers which were actually already in Germany and employed there and also new recruits? That included all that, did it not?
SPEER: I was deflected from my answer in that particular case and I did not really give an answer to the question. If 50,000 workers were requested for a certain branch in our industry the request gave a figure which did not show how many of them were Germans and how many of them were foreign workers. The bigger part of the workers which were supplied came from what was called fluctuation. Fluctuation meant the transfer of workers from one plant to another. It’s quite clear that production is in a constant development. One always follows the other and in some cases one orders particular workers and then it loses that importance for military reasons. The plan is that some workers available are constantly released and sent on to different plants or industries. A second source was the newly mobilized German workers, I mean the women workers, and a third source was the sending of foreign workers already in Germany, and a fourth source the prisoners of war who were also sent on from one branch to the next, and the fifth source consisted of some that came in from foreign countries. How these various workers from these various sources were distributed among branches, neither my offices nor the factories who had requested workers could find out. That was a matter which had to be decided by the labor exchanges because it took an enormous amount of work to find the proper workers for the proper branches. * * *
Q. Thank you. Witness, do you know that when the French Government, which at that time existed in Paris, had issued an order for the calling up of labor did that mean compulsory labor?
A. These details became known to me during the trial. My tasks were enormous and at that time I did not bother much about details. I cannot say anything about this from my knowledge.
Q. Witness, you must know this; at the time when you had discussions with Mr. Bichelonne, French Minister, I should think that the existence of compulsory labor service in France should have been discussed at that time.
A. Perhaps I misunderstood you. I said quite clearly last time that I knew about the fact that in occupied territories workers were taken to Germany against their free will. The various districts, etc., are not known to me.
Q. No. I mean if such a decree had been issued at all. That’s what I am speaking of.
A. I had to assume that but I wasn’t actually informed about it.
Q. Did you consider the French Government, which at that time was in Paris, France—did you consider it a regular government?
A. This is the same sort of question which his Honor put to me too. I had no basis to find out whether the French Government was legal or not, because these are problems of international law which are beyond me as a layman.
Q. Witness, do you not know that the Government of Pétain had been recognized and was recognized by the American Government, and that the American Government had an ambassador, if I recall correctly—and I am not sure I can pronounce his name—at that time, Mr. Leahy, Admiral Leahy?
A. I know that, but I must say frankly that I did not spend my time thinking about whether the French Government was legal or not.
Q. Thank you. I have no further questions.
JUDGE MUSMANNO: Herr Speer, what I was endeavoring to elucidate, or have you elucidate for us, was not whether you knew if a government was legal or not, if it was recognized internationally or not. I wanted to draw your attention to something quite more fundamental, and that was the employment against its will of population in a war activity, all of which was prohibited by international law. And if you and all the specialists in the Hitler regime knew of the limitation and were thoroughly aware, and the knowledge was so widespread that you couldn’t help but know that it was illegal and that you would be punished if you did it, that is, to bring in workers from another country and put them into war operations—if that were a matter of such general knowledge that every college man and every person that was well read would know of it, would Hitler not have had difficulty in obtaining such a crew to run a ship, regardless of what he may have had in mind as to the illegal port which he hoped to attain by that voyage?
SPEER: I can only speak about the time in which I worked, that is to say, from 1942 onwards. In that time, I am sure that if these legal matters had been made quite clear a large number of technicians or industrial leaders would not have collaborated to the extent they did if they had realized the illegality and the possible punishment.
I would like to stress this particularly for the period from 1943 onwards. From that time onwards, many intelligent people realized that the war had been lost, and from that time onwards it would have made a great impression if in former trials heavy punishment was meted out. Not everybody would have been impressed; certain people would have followed the old line, but the majority of so-called specialists, certainly—
Q.—would have recognized the illegality of what they were asked to do. I understand you to say that the majority of the specialists would have recognized the illegality of what they were asked to do and would have refused. That is what I understand you to say.
A. Yes, that is what I wanted to say.
JUDGE MUSMANNO: Very well. Thank you very much.
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PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 5
EXTRACT FROM THE STENOGRAPHIC REPORT OF THE ELEVENTH CONFERENCE OF THE CENTRAL PLANNING BOARD, 22 JULY 1942
_REPORT OF THE 11TH CONFERENCE OF THE CENTRAL_ _PLANNING BOARD ON 22 JULY 1942_[103]
[page 2 of original] _Safeguarding of Food Supplies_
A net increase of one million foreign workers is anticipated. This figure has not been reached during the past months. Even if more than one million workers are brought here during the months to come, the limit of one million will actually never be exceeded due to continued losses. Food for this number of workers is guaranteed.
PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 6[104]
EXTRACT FROM THE STENOGRAPHIC MINUTES OF THE TWENTY-SECOND CONFERENCE OF THE CENTRAL PLANNING BOARD, 2 NOVEMBER 1942
_STENOGRAPHIC MINUTES OF THE 22D CONFERENCE_ _OF THE CENTRAL PLANNING BOARD CONCERNING_ _ASSIGNMENT OF LABOR, MONDAY, 2 NOVEMBER_ _1942, 12:00 O’CLOCK IN THE REICH MINISTRY_ _FOR AVIATION_
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MILCH: In my opinion agriculture has to be provided with its labor. If, theoretically, agriculture could have been given 100,000 more men, there would be 100,000 fairly well-fed men, while those we get now, particularly the prisoners of war, are not exactly fit for work. If agriculture will get them in time, they will again be able to feed these people up again. However, it will not be very happy about it. * * *
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PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 7
EXTRACT FROM THE STENOGRAPHIC MINUTES OF THE THIRTY-SECOND CONFERENCE OF THE CENTRAL PLANNING BOARD, 12 FEBRUARY 1943
_STENOGRAPHIC MINUTES OF THE 32D CONFERENCE_ _OF THE CENTRAL PLANNING BOARD—THE FOUR_ _YEAR PLAN ON 12 FEBRUARY 1943_
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MILCH: Everybody sticks to his old methods until he is literally beaten away from them. However, one must not only beat, one must give advice, too. They must be good experts who will tell people: You will do that this way or that; it is not necessary that you use just this sum. Who does such a thing will never give in and say, I can do with less. Mining has been partly beaten[105] into iron by saying we cannot give you anything but iron on account of the shortage of lumber.
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PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 8[106]
EXTRACT FROM THE STENOGRAPHIC MINUTES OF THE THIRTY-THIRD CONFERENCE OF THE CENTRAL PLANNING BOARD, 16 FEBRUARY 1943
_STENOGRAPHIC MINUTES OF THE 33D CONFERENCE_[107] _OF THE CENTRAL PLANNING BOARD_
Subject: Assignment of Labor, 16 February 1943, 16 o’clock, in the Reich Ministry for Armament and Munitions, Berlin.
* * * * *
SPEER: We are in complete agreement. You will not receive any list from us for this action but the whole armament industry including the anticipated deliveries will be devoted to this action. The administrations too must be served at the same time. But the authorities including army, air and navy shall not get a single person from the action. This must be adhered to. You know what the Reich Minister Dr. Lammers said: That he must therefore have some new women typists at the Reich Chancellory at once. That makes no sense.
MILCH: Where France is concerned, there exists in France an industry which makes aircraft motors and parts, all complete. We have transferred there all the things which can be made there without endangering secrecy in any way. These are training aircraft, transport aircraft, etc. However, since we want to make the most of the production in other ways, we have moved away part of it to a large extent. As a whole these things must be kept secret from the French but in every part subject to secrecy there are only a few parts which are real secret. The bulk consists of other parts. These have also gone there to a great extent just as we engaged aircraft builders in France to a great extent. We now currently have work waiting in France for several thousand aircraft builders. At the moment the industry working for us there needs, according to its claims, some 20,000 men, who are asked of us, in order to be able to keep to the program. The production is still far behind that which was agreed upon with you in the program. Whereas we in Germany fully carry out our program, only 30 percent of it is carried out in France. In fact it has only begun to function in the last weeks and months after we have been more active there. In principle, we have excluded the State from this whole cooperation with industry and set the German firms to work with the French firms.
Sponsor firms have been appointed so as to make the affair operate. This system is not yet fully completed but has been favorably initiated everywhere and indeed brings quite other returns to some extent. The reproach is always made to us that nearly all Europe is at our disposal. The production we draw from France, with the exception of motor cars, is minute as regards the army. The whole French production potential is not yet fully exploited by us or only to a quite small proportion. If it were necessary for us to produce in France, because in Germany the capacity, space machine tools, etc., which are not convenient for removal are lacking, if the accommodation of the people were not so difficult, etc., we would in fact be reduced to the point of taking everything to Germany and have the work done here. But this would entail too great a decrease in the production in our own country, not to mention the reluctance of the people.
We came to an agreement yesterday. I am very thankful that this matter is now, thanks to yourself, Gauleiter Sauckel, together with Gen. v. d. Heyde and Col. Brueckner, to be settled on the spot. It is difficult to induce Frenchmen to come over here. An official agency alone cannot either appreciate or realize this, only a sponsoring firm can realize it. I therefore suggest that sponsor firms be called upon to cooperate, precisely because in France the sub-contract system is very widespread.
Behind the factory which actually organizes the thing, there are other factories which belong to the semi-finished goods and preparatory industry. This industry, however, can be supervised by our sponsor industries. We should have to assign to our people the task of investigating the individual firms and find out which people are working for our program. All others we annex ourselves. When we have got hold of them and annex them in German industry, that is, only those people who are really necessary to us, it will be possible to utilize them in the right way.
The proportion of specialist workers there is higher than in this country. We have indeed drained a certain number of them into our factories last year because they were the easiest to get. The Frenchmen must work with more specialists than we. We must work with more specialists than the Russian, and the Russian must have still more specialists than the American. In America they can place any simpleton before any machine, he will put it right in a flash. Only the installation requires a specialist. The man need only have arms; a head is a superfluous luxury.
In France the system is quite different. The Frenchman has adapted himself to it and has always indeed had unemployment. A labor organization as we conceive it does not exist. With the same number of Frenchmen and all other installations, facilities, etc., being the same, one will only obtain, as compared with German personnel, half at the most or only one-third of the production, even if the personnel have all good will and zeal. It is a matter of system. This system we cannot simply alter, neither can the sponsor firms, but we must try in this way to obtain from them to a certain extent the additional resources which we need for our industry and armament. By proceeding thus, we can put things right. I believe the sponsor firms have an obvious interest in this. If industry has too many specialist workers there working for us, let us draw upon them ourselves, because we are suffering a great shortage of them. This resource should be left to our firms after this extensive drain on specialist workers has been suffered. We want to raise our armament.
Now to another point. I have today ordered in my jurisdiction that an extensive action should take place; today, when we are counting upon obtaining a great number of women in virtue of the obligatory service whose age limit we hope to see extended to 55. The British have extended obligatory service to the age of 65. The additional 10 years are a trifle exaggerated. Women are not able to go to the machines immediately and perform heavy work. The few days that are necessary for them to instruct the personnel are immaterial. We can still spare that much time if it were not that it would convey to the population an impression to the following effect: Now that we have reported for work, it is months before we are called up. I have ordered, within my jurisdiction, that the women should as much as possible be employed in offices where men are now to be found, for instance in the wage offices, etc. In these, women and elderly men can be easily trained, as they will be able to do without further difficulty. In this way, men in the commercial offices, etc., should be released for the accountancy offices and similar offices. This involves, in the case of industry, over 20,000 individuals and there are other branches besides.
It amounts to quite a considerable number consisting solely of people who, in view of the war economy, are unfortunately necessary now. These men must now be placed at our machines insofar as they are not drafted, that is to say, are not soldiers. These people are more likely to be able to render better service at the machines or in the factories than the women now assigned, insofar as women are disposed to go to the machines. Of course, there will be women who have done such work before and who are now willing to turn to this work but who have not reported for work so far because they have not found it necessary to work for a living on account of the dole.
Where the assignment of women is concerned, I should suggest that, in the process of the action, only those women be assigned for whom work at the machine is not involved if a man is thereby released.
TIMM: The danger lies in this that the draftees were partly to be released without replacement having actually been forthcoming.
FIELD MARSHAL MILCH: That is quite another matter. When female auxiliaries of the Signal Corps are assigned, it is not additionally but only in the proportion that soldiers are released thereby. There are indeed several 100,000 men in the signal corps of the army and air force. In our department, 250 to 300,000 have been such. Whether there are so many now, I do not know. They are all young men fit for combat. I have always campaigned against this and said: one ought to assign women preferably so as to release soldiers. If that is done now, it will really release a large number, it does not matter whether for the workshop or for the front. Of course, there is a front somewhere in the East too. This front will be maintained for a certain time. The only useful thing the Russian will inherit from the territories evacuated by us will be the people. It might be better in principle to withdraw the population in time as far as 100 km. behind the front. The whole civilian population will move back to 100 km. behind the front. Nobody will now be assigned to trench [digging] work.
TIMM: We tried to withdraw the population of Kharkov. 90 to 120,000 people were required by the fortress commandant of Kharkov for trench work alone so that in some cases we had to organize whole convoys.
WEGER: Actual demolitions were even carried out.
FIELD MARSHAL MILCH: But that is done by the engineer corps. There is definitely no more hope that more prisoners of war will come from the East.
SAUCKEL: The prisoners taken are used there.
FIELD MARSHAL MILCH: We have made the request that there should be a certain percentage of Russians with us in the antiaircraft artillery. 50,000 altogether are expected. 30,000 are already there as gunners. It is a funny thing that Russians must operate the guns. The other 20,000 are still missing. I received a letter from the High Command of the Army yesterday saying: We can no longer turn over a single one, we have too few ourselves. So this thing will not turn out so successfully for us.
SPEER: It would be advisable to make the draft of women somewhat clearer in the press.
FIELD MARSHAL MILCH: That would primarily have to be placed in the foreground. In this respect the question is whether I will receive the accounts from our industry in time. The matter is bound to be settled some time. There will be no deception. People who want to deceive also deceive now, whether they have this personnel or not, whether their accounts are up to date or not. The other people are honest. The mass has not engaged in deception. Whether we are a little backward in checking prices will not be very important. The most important thing is to work. We know what is produced abroad, having now received the figures. The Russian actually makes 2,000 aircraft a month in the way of front-line aircraft. This figure is far higher than ours. This must not be forgotten. We must get to the assembly line and produce quite other figures.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 9
EXTRACT FROM STENOGRAPHIC MINUTES OF THE THIRTY-NINTH CONFERENCE OF THE CENTRAL PLANNING BOARD, 23 APRIL 1943
_STENOGRAPHIC MINUTES OF THE 39TH CONFERENCE_ _OF THE CENTRAL PLANNING BOARD_
Subject: Food Situation and Armament Industry.
_Held on Friday 23 April 1943, 9:30 A.M. in the Festival Barrack_ _near the Zoo, Jebenstrasse_
* * * * *
MILCH: I am convinced that there are more Russian prisoners of war. At that time 4,000,000 were captured. A large part of them died, however the number of those who are still living is higher than we are told now. We reckon here with hundred thousand Russian prisoners of war in the agriculture. Altogether, we have 300,000 of them in the Reich. During the First World War I had 200 Italian prisoners of war with me. These prisoners were to be turned over, however, we kept ours by reporting them dead in order to keep them. And these people also wanted to stay in spite of the fact that we told them that they would be reported dead even to their families. We dragged these prisoners around with us till the end of the war.
KEHRL: If the food supplies of the labor brought in from abroad are taken from the German rations then, while we think that we are very rich for having these people, the German rations are in reality reduced, and the decrease in the working capacity of our own workers does more harm than the good done by the new people.
SPEER: But from the figures of this incoming labor we have to deduct those who leave the country because of expired foreign agreements, and the others which we lose because of cases of death or illness. On the whole the increase of labor in our total war economy is not at all so very important. (Interpolation: the more labor we fetch from the East, the more this total figure will increase.)
BACKE: But there is a limit, too, in the number of men we can absorb. At that time we were told that one million was to be taken into the country, from the East. Now we have already got several millions.
MILCH: You cannot count that way. Before all these measures in the second year of the war, the air force had 1.8 million men and today it has less than two million. The whole air armament which is a considerable part of the total war armament, in the course of the war or in the last 2½ years of the war has not even increased by 10 percent. In reality the total increase in this field amounts to about 125,000 to 150,000 men. We are always looking for those people. That is our main problem.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT R-124 DEFENSE EXHIBIT 31
EXTRACTS FROM THE STENOGRAPHIC MINUTES OF THE FIFTY-FOURTH CONFERENCE OF THE CENTRAL PLANNING BOARD, 1 MARCH 1944
_STENOGRAPHIC MINUTES OF THE 54TH CONFERENCE[108] OF THE CENTRAL PLANNING BOARD_
Re: Labor Allocation on Wednesday, 1 March 1944, 1000 hours, at the Reich Air Ministry.
SAUCKEL: * * * I have a Gau armament supervisor in Thuringia and I have just been inspecting the plants in Thuringia. At the railroad car factory in Gotha I have set things going so that within a few days it will be turning out 20 percent of its production again. Everything has been done. But one thing you must bear in mind: Labor allocation as an institution must be independent and must remain so. Furthermore I must ask you not to support constantly the opinion of the armament inspectors: Sauckel must be put under the control of the Ministry then everything will be better. Gentlemen, please see to it that that does not happen this year. As a National Socialist of long standing I am determined to cooperate unreservedly with you, the Minister for Armament and Production, indeed with all those gentlemen, but, in consideration of the difficulty in this sphere of work I must be given the amount of freedom to make decisions of my own which was guaranteed me by the Fuehrer’s decrees and those of the Reich Marshal. I would never have taken on the task without these decrees, because I know it cannot be accomplished without them. I beg you therefore, to create such an atmosphere as is necessary among the lower ranks too so that the Gau labor offices in the first place may be recognized as organizations which are entrusted to me and put at my disposal for keeping the labor commitment in order on the lower levels. * * *
* * * * *
SAUCKEL: I would like to insist on the fact that, in the future also, the S-plants be checked; for the S-plants form a suction pump, and, since it is known all over Italy and France, that whoever works in the S-plants is protected from any interference on my part is proved by the following fact. During the first three months I wanted to take out of Italy 1 million people before 30 May. In these two months hardly 7,000 men have come. That is just the difficulty. The bulk goes to the S-plants, and only the dregs are left for employment in Germany. I would like to achieve yet, that for the important plants in Italy, at least the number of S-plants be restricted, that is that the number of S-plants be not increased.
SCHIEBER: In Italy for every protected plant there is an agreement made. Over, beyond the situation on 15 February or 10 February, S-plants are established only with the approval of the services under me. We have them registered, and only when we aim at an agreement are they declared protected plants.
SAUCKEL: Now the question arises: If in such a protected plant there are more hands than are needed according to German standards, could they be handed over?
SCHIEBER: They are to be combed through but the people combed through are to be put only in other protected plants. Down there in Italy in your services there is a demand for 7,000 hands and more. The gentlemen are right to laugh at us saying: What does that mean, you want people, but at the same time our great task must be the transfer of people! I spoke with Leyers on Sunday and told him that I wished to have a conversation with the Gauleiter about this matter: If the labor offices state that there is still a certain surplus of hands employed, a commissioner appointed by General Leyers must then visit the respective plant together with a commissioner of Gauleiter Sauckel’s; they must examine the situation, and these two gentlemen must then come to an agreement, as to the people they remove from plants. * * * Besides these promises concerning nutrition have not been kept to the extent we wished. The extra food, as we had planned it has not yet appeared at all so that there is no incentive felt; apart from this certain inner evolutions are influencing industry at present in Italy, with the result that especially the leading workmen who are so valuable for us partly fail to come to the factory any more. They wait patiently until, during the next three or four weeks, the elections and convocations in the factories concerning socialization and the introduction of commissars, etc., are over. * * *
SAUCKEL: In Italy, it seems, things are going on smoothly in general, but not yet in France.
MILCH: When workmen are transferred how are their families ensured?
SAUCKEL: Automatically.
SCHIEBER: That is quite easy. If it is possible in any way, we shall have the whole personnel transferred to another factory. * * *
* * * * *
SAUCKEL: Years ago we made an investigation like this in France and saw that in German armament production, corresponding to districts A and B, some 600,000 workers were occupied out of the total of some 2½ to 3 million metal workers we had anticipated. Therefore there must still be some more metal workers hidden in France, people who were formerly in metal trades.
MILCH: So 75 percent are still free, and 25 percent are tied up in the S-industries.
SAUCKEL: We have to deduct the prisoners of war who are now in Germany. But there are hundreds of thousands of skilled workers who, according to the agreements made, have returned to France and Belgium month after month.
* * * * *
SAUCKEL: In reply to that I must ask you the following: What do you want to do now in Germany? In Germany you now have plane construction, the manufacture of highly expensive apparatus, complicated engine construction, you have here in general the most complicated manufactures in the world. If I brought the scum of French manpower to Germany for you what would you get as regards production? We of the Labor Allocation were always of the opinion in the French industries we must under all circumstances maintain a certain level of the trained workers and a certain degree of production. And we wanted to compel these French industries to lower their level of a hundred percent skilled personnel for the benefit of the German industries which have been bled of their skilled hands.
As Plenipotentiary General for the Allocation of Labor I considered my task to be not the transfer to Germany of the scum of Europe, but the bringing of efficient manpower. But a part of your gentlemen in France, and in your Ministry too, had no understanding for this. That I must say quite plainly. It would be mere child’s play for me to bring you the refuse of Europe if you would be satisfied with it. I would simply grab all the whores and gigolos in Paris and put them at your disposal, then I would not have to touch your armament industries. But if I have to provide you with real workers who will prove efficient in Germany, then in France—and that was just my program—we must do the same as we did in every German plant and in every German enterprise: when a German company is split in two, some of the good workers and some of the bad ones had to be given up and not just the bad workers. And French armaments never were harmed thereby. It is a fact, is it not, that a French worker of quality produces the double amount if he is put in a German factory under German discipline, with German supervision and German welfare?
If we agree to re-examine all S-plants—and that is all I ask—and if we take out all superfluous expert workers and assistant workers, then we put them at the disposal of the other French enterprises which need them, to the extent that they need them, and when they are satisfied, I have to request that if I am to carry out my program, then from these plants too, workers must be transferred to Germany. If that is not approved of and it is insisted that the severe formula be observed: S-plants are out of question for labor commitments to Germany, then, according to my experience, this program of January 4 can hardly be achieved. Then you are responsible for the decision of what was better at the end of this year, to have these people in France or in Germany. That is the responsibility you have to bear and which I shift from my shoulders. I was told: Why did you not take the Russian workers away in time, now they are in the Russian regiments. Exactly the same would happen here. My opinion is that the introducing of S-plants was altogether a great mistake which is damaging to the general interests of Germany. The French government jumped to that with the greatest cleverness. * * * That is the way we did it the first year, and up to 700,000 Frenchmen came to the Reich according to the program. These were all decent French workers. From the fall of this year on this came to an end. No more skilled French workers came, nor any others either. It was the entire collapse of the labor allocation built up on the slogan: From now on no worker needs to go from France to Germany.
* * * * *
KEHRL: The consideration which originated at that time with Minister Speer and which led to the arrangement with Bichelonne was the following: If I cannot transfer the people by force from France to Germany to the extent necessary, which is shown, by developments now, and if at the same time I run the danger of having the people leave the plants in which they are now working for fear of being taken by force, then it is a lesser evil for me to try and put these people to work in France and Belgium, in which case I do not have to use German force to get them across the frontier. Then at least I am sure that the people are not running away from the plants in the first place and secondly that additional employment will be brought there.
He sent an invitation to Minister Bichelonne. The conferences took place between the 16th and 18th September. The question was put to Bichelonne to what extent the shifting of industries would be possible, and what additional productions he could place, etc. This caused a change in the policy of production. So far Minister Speer had chiefly shifted to France all the urgent armament productions in those fields in which the German capacity was insufficient. Now he said: I will not only shift this to France, but I will also shift really important war production, which is carried out at present in Germany with German labor, so that I can release German labor in Germany and have this production carried out in France, Belgium, and Holland. There is sufficient capacity in this field in France and labor is also available in sufficient numbers. Therefore a large part of the work can be accomplished there and I can release the people in Germany. Thereby I am serving two ends: in the first place I am setting free German labor and secondly I am utilizing the French workers who are not working at all now because industry is at standstill. And there is still a third factor, that Frenchmen will be ready of their own accord to carry out such production as serves the welfare of the civilian population, because with such work they are no longer in danger of air raids and they are not working directly for the war. So that they will not be considered as traitors to their country, but are working for the advantage of their own country.
This development has been encouraged in the meantime. The time is still too short to make any definite statement as to the results. In some fields the results are already quite exceptional. In some instances we have transferred up to 50 percent and more of the total German requirements to the West and the manufacturing is done there. The transfer figures are rising rapidly from month to month. The coal and power questions are of course great obstacles. We hope, however, to overcome them in the course of this year, because by the middle of the year we shall have increased 25 percent of the power supply in France by water power, the necessary constructions for which will be finished by them, and by the end of 1944 hydroelectric stations will be ready and they will be equal to 50 percent of the present French power production.
The idea in fact is this: to carry out there the work which up to now has been done here and to release thereby German labor. There is yet another reason for this. It has been pointed out by you time after time, Gauleiter, that in these sections of industry, it is not easy to change the workers. According to the Field Marshal’s description of the situation, there is especially a lack of managers and supervising personnel in the works and only German workmen can be considered for such, and every worker, even if technically he is not so suitable, will serve for purposes of management supervision and will lend some backbone to the plant.
As regards the question of the S-plants, Minister Speer put the following question to Minister Bichelonne: Are you in a position to provide the labor for such an extensive shifting program, which involves a certain risk? To which Bichelonne, from his standpoint quite rightly replied: If the people are not running away into the woods for fear of being deported to Germany I shall get them to work in French plants. From this discussion there resulted the idea of protected plants which, as you said, were supposed to represent a protection against Sauckel. Whoever is there is working for Germany and may not be deported to Germany. You said that these plants worked like a suction pump. That is just what they were meant to do. Labor was to be drawn in with a suction process so that the plants were full to capacity and could work for us. The existence of the S-plants cannot and may not be undermined. It is backed by the German promise which was given in all solemnity and which was supported by the signature of my Minister.
* * * * *
SAUCKEL: May I again draw attention to the matter of volunteers and to the entire process of the allocation of French labor. There was never any program carried out in France on a voluntary basis, but the programs have been carried out for the Todt Organization the building of fortresses in France, on the one hand, and for the assignment in France to the plants working for Germany and also to the plants working for transferred industries according to concrete agreements which I made with the French government, on the other hand. The French government fulfilled these conditions last year. It appointed people for the western fortifications and for the Atlantic fortifications, it appointed people for the plants and it appointed people for Germany. In the fall of last year, towards the end of summer, Laval declared for the first time that he was not going to send any more people to Germany and from then on only very few Frenchmen arrived in Germany.
* * * * *
TIMM: Will it not happen that the offices making the demands say one day: But we know that in the French plants there is an excess of skilled workers which cannot be justified?
MILCH: That should be discussed again later with Speer himself. First Speer must have a survey of what has happened as the result of all his agreements.
* * * * *
[90] Tr. pp. 161-162.
[91] Defendant in case of Government of France _vs._ Hermann Roechling. See Vol. XIV.
[92] DR. BERGOLD, Milch’s defense counsel, objected as follows (_Tr. p. 134_): “May it please the Tribunal, I would like to make a final objection against the introduction of the exhibit just submitted by prosecution, namely 41-A, for the following reason: this is an interrogation of Sauckel, who, in conformance with the sentence passed upon him, was executed. I am of the opinion that such an interrogation cannot be used as evidence here, for, since Sauckel was executed, I have no possibility whatsoever to ask him to appear here before the Tribunal as a witness and to cross-examine him concerning his statements. In this statement there are certain things which are not correct, and, due to the fact that the person who made them is dead, they cannot be corrected. The International Military Tribunal frequently ruled that statements made by witnesses and affidavits can only be introduced when it is possible for the defense counsel to bear these persons as witnesses, and to ask prosecution to produce these people for cross-examination. This is absolutely impossible in the case of Sauckel, and I should like to ask the Tribunal to issue a ruling on whether or not these statements can be used as evidence here.
The Court ruled as follows (_Tr. p. 194_):
PRESIDING JUDGE TOMS: The Court has determined that under the Charter and the Ordinance this exhibit is admissible. Its weight, however, in view of the peculiar circumstances attending it, is, of course, still for the Tribunal to determine. This ruling is made after conference with the judges of Tribunal I, who had a similar problem presented, and who made the same ruling as this Tribunal now makes.
MR. DENNEY: If your Honors please, that question will come up again, because we have interrogations and affidavits from other defendants in the first trial, who have since either been executed or have taken their own lives.
PRESIDING JUDGE TOMS: The Tribunal feels that the very broad scope of the section of the Charter and the Ordinance dealing with the admission of evidence justifies the admission of this exhibit.
[93] Defense introduced this paragraph as Defense Exhibit 5. See pp. 509-10.
[94] Another portion of the minutes of this meeting was introduced by the defense as Defense Exhibit 8. See pp. 511-15.
[95] Defendant before International Military Tribunal. See Trial of the Major War Criminals, vols. I-XLII, Nuremberg, 1947.
[96] Another portion of the minutes of this meeting was introduced by the defense as Defense Exhibit 31. See pp. 517 to 523.
[97] Defendants in case of United States _vs._ Ernst von Weizsaecker, et al. See Vols. XII, XIII, XIV.
[98] Same as note above.
[99] Defendant in case of United States _vs._ Otto Ohlendorf, et al. See Vol. IV.
[100] Defendant in case of United States _vs._ Wilhelm von Leeb, et al. See Vols. X, XI.
[101] Defendant in case of United States _vs._ Carl Krauch, et al. See Vols. VII, VIII.
[102] Complete testimony is recorded in mimeographed transcript, 17 Feb. and 4 Mar. 47, pp. 1136-1186, 1445-1457.
[103] Prosecution introduced other portions of this report as Prosecution Exhibit 48-A. See pp. 457-59.
[104] Prosecution also introduced this document.
[105] Defense counsel, Dr. Bergold, explained (_Tr. p. 523_):
“This document shows that the defendant liked to use strong language. It refers merely to the allocation. He speaks of ‘beating’, yet he does not mean this literally but figuratively. The high Tribunal will remember at one time he spoke of whips being used to force certain people to use suggested methods. That is not what he meant.”
[106] Dr. Bergold stated (_Tr. p. 530_): “This document is submitted to show that Field Marshal Milch was very much endeavouring to leave the French workers in France with their own firms and only to transfer orders over there. The International Military Tribunal has accounted as exonerating circumstances in the case of Speer that he established in France the protected plant system (Speer Betriebe); so far as Milch is concerned, we wish to point out that he did the very same thing for the airplane industry and that he tried to act in a reasonable way. I also wish to say that the man always had in mind reasonable economic propositions. Finally the document proves that individual remarks made were of no consequence whatsoever, that they were only verbal flourish which did not lead to any results. For instance, in the case of antiaircraft batteries, the conference passes that point over, which is shown by the last words of Speer and Milch. It is simply a marginal remark. I will also prove that he did not say that on this occasion and that the minutes were changed, because he had difficulties with Goering. I shall show that this passage, criticizing Goering, was taken out of the report because at that time serious difficulties arose between him and Goering.”
[107] Another portion of the minutes of this meeting was introduced by the prosecution as Prosecution Exhibit 48-A. See pp. 467-71.
[108] Another portion of the minutes of this meeting was introduced by the prosecution as Exhibit 48-A, See pp. 484 to 498.
3. THE JAEGERSTAB[109]
_EXCERPT FROM STATEMENT OF THE PROSECUTION REGARDING MILCH’S ACTIVITY IN THE JAEGERSTAB, 13 JANUARY 1947_[110]
MR. KING: If your Honors please, the prosecution begins now the presentation of that phase of its case dealing with the defendant Milch’s participation in the Jaegerstab. I might add that that has to do with the slave labor phase of the Milch case.
First, I wish to say a few words about the background of the Jaegerstab. The Jaegerstab was formed on 1 March 1944 by decree of Albert Speer issued pursuant to an order of Adolf Hitler. Our evidence will show, however, that it was the defendant Milch who conceived and instigated the formation of the Jaegerstab.
The purpose of the Jaegerstab was increased production of fighter aircraft. Fighter plane production had suffered severe set-backs due to British and American air attacks. Defendant Milch and his Luftwaffe had also suffered in the battle for new raw materials.
Fighter aircraft were Germany’s principal defense against bombing raids. Early in 1944 the defendant Milch had concluded that without adequate fighter protection the entire German armament industry would soon be destroyed. After repeated urgings, Milch was finally successful in his efforts to create a special commission of top officials from various ministries to undertake a special effort in the field of fighter production.
The Jaegerstab, therefore, was actually a concentration of experts drawn from various ministries. Our evidence will show that the defendant Milch and Speer were designated as the joint chiefs of the Jaegerstab with Karl Adolf Saur acting as Chief of Staff.
The methods adopted by the Jaegerstab in the execution of its tasks were (1) transfer of German aircraft industry underground, (2) the decentralization of German aircraft industry, (3) quick repair of bombed-out plants.
Our proof will show that the labor for this program, which was the decisive consideration in the discussions of the Jaegerstab, was obtained from three sources: (1) Sauckel Ministry, (2) concentration camps, (3) direct recruitment from occupied countries.
Evidence
_Prosecution Documents_
Doc. No. Pros. Ex. No. Description of Document Page NOKW-017 54 Extracts from the minutes of 527 the conference with air force engineers and chief quartermasters under chairmanship of Milch, 25 March 1944. NOKW-261 70 Chart of the organization of 535 the Jaegerstab drawn by Saur with letter of transmittal to prosecution staff, 14 November 1946. 1584-III-PS 71 Correspondence between Himmler 537 and Goering, 9 March 1944, concerning the use of concentration camp prisoners in the aircraft industry. R-124 48-E Extracts from the minutes of 539 discussions between Saur and the Fuehrer, 6 and 7 April 1944. NOKW-247 61 Appointment of Field Marshal 540 Milch as Goering’s plenipotentiary for the intensification of air force armament. F-824 57 Order of Field Marshal von 542 Kluge regarding compulsory recruitment of labor in the West, 25 July 1944. NOKW-337 75 Extracts from transcript of 544 stenographic minutes of the Jaegerstab Conference of 6 March 1944. NOKW-338 75 Extracts from transcript of 545 stenographic minutes of the Jaegerstab Conference on Friday, 17 March 1944. NOKW-346 75 Extracts from transcript of 546 stenographic minutes of the Jaegerstab Conference under chairmanship of Field Marshal Milch on Monday, 20 March 1944. NOKW-388 75 Extracts from transcript of 547 stenographic minutes of the Jaegerstab Conference of 28 March 1944. NOKW-334 75 Extract from transcript of 550 stenographic minutes of the Jaegerstab Conference of 25 April 1944. NOKW-362 75 Extracts from transcript of 552 stenographic minutes of Jaegerstab Conference on the occasion of the 5th trip of the “Hubertus Undertaking”, 2 and 3 May 1944. NOKW-390 75 Extract from transcript of 553 stenographic minutes of the Jaegerstab Conference of 4 May 1944. NOKW-442 75 Extract from transcript of 554 stenographic minutes of the Jaegerstab Conference on 5 May 1944. NOKW-361 75 Extract from transcript of 554 stenographic minutes of the Jaegerstab Conference during the 6th journey of the “Hubertus Undertaking” from 8-10 May 1944. NOKW-336 75 Extracts from transcript of 555 stenographic minutes of the Jaegerstab Conference on 26 May 1944. NOKW-359 75 Extracts from transcript of 557 stenographic minutes of the Jaegerstab Conference on 27 June 1944. NOKW-320 73 Extract from interrogation of 558 Karl Otto Saur on 13 November 1946, concerning the use of concentration camp prisoners in Jaegerstab construction. NOKW-266 76 Affidavit of Fritz Schmelter, 559 19 November 1946, concerning the organization of the Jaegerstab.
_Defense Documents_
Doc. No. Pros. Ex. No. Description of Document Page Speer Ex. 34 17 Order of Hitler, 21 April 1944, 560 delegating to Dorsch authority for Jaegerstab constructions. NOKW-337 12 Excerpts from the stenographic 561 minutes of the Jaegerstab Conference on 6 March 1944 in the Reich Air Ministry. NOKW-338 13 Excerpts from the stenographic 562 minutes of the Jaegerstab Conference presided over by Field Marshal Milch on Friday, 17 March 1944, 1100 hours, in the Reich Air Ministry. NOKW-365 15 Extract from the stenographic 563 minutes of the Jaegerstab Conference, 12 April 1944. NOKW-334 16 Extracts from stenographic 564 minutes of the Jaegerstab Conference, 25 April 1944. NOKW-442 21 Extract from the stenographic 565 minutes of the Jaegerstab Conference, 5 May 1944. NOKW-336 23 Excerpts from the stenographic 566 minutes of the Jaegerstab Conference on Friday, 26 May 1944, at 10:00 o’clock.
_Testimony_
Extracts of testimony of defense witness Fritz Schmelter 567 Extracts of testimony of defense witness Xaver Dorsch 583
PARTIAL TRANSLATION OF DOCUMENT NOKW-017 PROSECUTION EXHIBIT 54
EXTRACTS FROM THE MINUTES OF THE CONFERENCE WITH AIR FORCE ENGINEERS AND CHIEF QUARTERMASTERS UNDER CHAIRMANSHIP OF MILCH, 25 MARCH 1944
[Handwritten note] To my files Mi. _Secret_ _MINUTES OF THE CONFERENCE WITH AIR FORCE ENGINEERS AND CHIEF QUARTERMASTERS UNDER THE CHAIRMANSHIP OF FIELD MARSHAL MILCH ON SATURDAY, 25 MARCH 1944, AT 10 O’CLOCK_
Dr. Koppert/Lm. 25 March 1944
FIELD MARSHAL MILCH: Gentlemen! I welcome you. I have called you together here in order to discuss with you questions of importance for our German defense.
Beginning with the year 1942, the Luftwaffe put special emphasis upon a considerable increase in the number of fighter planes produced each month which at that time amounted to 200 to 220. It was possible, by July of last year, to exceed the figure of one thousand as the norm, in accordance with our program. Then the heavy raids, especially against our armament industry, began first against the preliminary industry [Vorindustrie] in the Ruhr, then against our fighter and airplane industry itself. The enemy enumerated 65 completely destroyed fighter factories and factories producing parts for fighters in his lists. Beginning in the middle of 1942 we undertook extensive evacuations, and did so to small localities above ground, smaller places, and the like. In so doing, about 4½ million square meters of factory space, productive space, were evacuated. That was the maximum that could be accomplished with the means at our disposal. We were lacking in transport space, we were lacking in machine tools, and primarily we were lacking in skilled workers and managerial forces, more of whom are of course needed in a dispersed system of manufacture than in a centralized system. The extraordinary drafting into the Wehrmacht and just at the end also the SE 3-drive deprived the Luftwaffe armament industry of its key personnel. We have in our employ today approximately 60 percent foreigners and 40 percent Germans, whereby one has to take into consideration that the women work in the factories only half a day. Therefore, the ratio of Germans to foreigners becomes considerably more unfavorable. The ratio is gradually approaching 90 percent foreign with 10 percent German supervising them. The rest of the Germans are concentrated in development factories and the like.
The enemy has now adopted a definite plan—as you as soldiers know yourselves and learn constantly from foreign news—of destroying aircraft production first, and mainly the production of fighter planes and night fighters, in order to be able to deal with Germany as he pleases. The enemy believes that this stage has almost been reached now. There is, however, still some confusion in his news reports. One day he expresses his amazement that the German fighter planes did not appear. Then again the newspapers receive a secret directive: “Unpleasant surprises do occur, so do not emphasize so strongly that the enemy has already disappeared from the air.” On the whole, however, the enemy hopes that it has come to the point where Germany’s backbone has been broken or that at least that stage has almost been reached where the enemy has been granted the possibility of dealing with Germany as he pleases.
Another plan our Western enemies have concerns the questions surrounding the concept of the invasion. The invasion and its success would of course also be favorably influenced by a destruction of German anti-air raid defenses.
We of the Luftwaffe armaments have been asking for over a year already that a strong home defense in the air be set up. We have made efforts to establish the prerequisites necessary for this, namely, the providing of sufficient planes to serve as day and night fighters. * * * Being fully aware that the strength of the Luftwaffe alone is insufficient both as regards quotas and with respect to the workers, etc., in order to bring about an extensive change in the field of air armaments, we applied to Minister Speer and his colleagues to undertake a common special effort in this field. The establishment of a Ruhr staff served as an example for us; it was established at the time when the industry in the Ruhr area seemed to be entirely put out of commission by the continuous raids. At that time the Ruhr staff was set up and the necessary quotas, buildings, etc., were put at its disposal. Thereby the entire situation was changed. Minister Speer and his colleagues, fully aware that without air armaments and without air defense the rest of the armament industry would very soon be destroyed and become useless, agreed to this plan enthusiastically and with initiative. Thus it came about that a definite proposal was made to the Reich Marshal and the Fuehrer: the Jaegerstab was created. The order of the Fuehrer provides clearly that the fighter plane program which the Jaegerstab is starting has priority over all other fields of armament, which means, to be sure, that other important armaments are not to be infringed upon by it. * * *
* * * * *
The Jaegerstab is made up as follows: the direction is in the hands of Reich Minister Speer and myself. Deputy for both of us, and at the same time our chief of staff, is Hauptdienstleiter Dipl. Ing. Saur, who is sitting on my left. Saur is the man who carried out the large-scale armament program for the army and the navy in the Speer Ministry in recent years in an exemplary manner. Saur again and again during the past year and a half succeeded in raising the production figures in all important fields and sometimes even in multiplying them.
Further, I name only the leaders of the Jaegerstab. We have put the question of over-all planning in the hands of Dr. Wegener. Construction matters will be directed by Dipl. Ing. Schlempp. The evacuation underground will be in the hands of SS Gruppenfuehrer Kammler. The supply, one of the most essential factors, and everything in the way of semi-manufactured material that comes to our factories for completion, will be taken care of by Director Schaaf, deputy to Staatsrat Dr. Schieber, the chief of the armament supply office [Ruestungslieferungsamt] in Speer’s Ministry. Dr. Schmelter will take care of labor commitment. Sites suitable for dispersal, confiscations, etc., will be in the hands of Ministerialrat Speh of the armaments supply office. Gruppenfuehrer Nagel of the Organization Speer will be in charge of transportation. The supply of power will be in the hands of General Director Fischer. Engineer Lange will be in charge of machinery, Mr. Nobel of repairs. Reich railroad questions will be in the hands of the President of the Reich railroad, Pueckler. Post Office: Oberpostrat Dr. Zerbel. Health matters: Dr. Poschmann. Social welfare: Dr. Birkenholz. Special problems for Me 262 and steel power units: Captain Dr. Krome. Raw materials and quota system: Dr. Stoffregen. Questions of technical simplification, etc.: Oberstabsing. Klinker. Office manager: Petri.
* * * On the spot the individual gentlemen are then told, supported by the combined authority of the state, the Wehrmacht, and the Party, that is, Saur and me—Speer is unfortunately still on sick leave, otherwise he would also be present—what it is all about. That takes ten minutes. After ten minutes the individual members of the Jaegerstab disappear and get together with the men from the factory who are competent for their sphere of activity. Thus, all pertinent questions are dealt with in the conferences about the commitment of labor, and all competent men, who have anything to do with the commitment of labor meet, especially the president of the competent Provincial Labor Office. Thus it is determined on the spot, in the individual spheres, what the factory lacks. If the circumstances require it, it is immediately demonstrated to the factory that their requests are nonsense. Unreasonable demands and excessive claims are revised. Well-founded demands are immediately filled. While the discussions are still going on, telegrams are sent to the different offices, and the people are already set to work. In general, the people arrive in 24 hours. Unfortunately there are exceptions, for which the Wehrmacht sector is responsible. The Wehrmacht does not work as smoothly and beautifully as civilian offices. It is an error to believe that civilian offices are more bureaucratic than military offices. On the basis of my continuous and extensive experience I can assure you exactly the opposite is true.
* * * * *
* * * Our entire German ball-bearing industry, and that outside Germany, was eliminated one hundred percent by the enemy in a, I must say, brilliant attacking operation: Erfurt, Schweinfurt, Frankfurt on the Main, Stuttgart, Italy. We were faced with the question whether without ball bearings we could produce new planes at all, new tanks, or whether we had to capitulate as an armament industry. For ball bearings are an indispensable factor in modern armament industry. One finds and needs them everywhere, even in places where one does not think of them at first. Now it became apparent, thank God, that the branches of the Wehrmacht had hoarded ball bearings and roller bearings in such large masses that we got along for three months with the hoarded material alone. In this case it was lucky that we still had so much, that so many ball bearings had been hoarded. I have to admit that. But that is not the normal way. It is certain that in the whole period up to now too many spare parts have been requested just in order to gather such hoards. And this in spite of the fact that not everything has been attained by far, but only very large stocks. I should like to say that with the material you have, 20 to 30,000 planes could be newly built or newly equipped without further ado. That is how much material you have! And this does not concern large parts; for in that field I was always strict—it concerns rather all the accessories and apparatus. In considering these figures one has to know that about 52 percent of the total man-hours are spent in equipping a plane and only 48 percent in building the aircraft frame and the engine. Only then does one realize fully the importance for us of all that small junk that is lying around all over. It is not necessary that the troops always take along all their spare parts. * * *
Gentlemen, in this connection I may call your attention to another important point. If I visit an office and find out that something is being hidden there, then I ask for the death penalty for such a crime today! That is fraud! That is sabotage of the German armament industry!
* * * * *
Then there is still the human factor. We often had considerable difficulty with the human factor. The fluctuation there is very considerable. The quota of the Luftwaffe in the distribution of manpower is constantly lowered. The foreigners run away. They do not keep to any contract. There are difficulties with Frenchmen, Italians, Dutch. The prisoners of war are partly unruly and fresh. These people are also supposed to be carrying on sabotage. These elements cannot be made more efficient _by small means. They are just not handled strictly enough._ If a decent foreman would sock one of those unruly guys because the fellow won’t work, then the situation would soon change. _International law cannot be observed here._ I have asserted myself very strongly, and with the help of Saur I have very strongly represented the point of view that the prisoners, with the exception of the English and the Americans, _should be taken away from the military authorities_. Soldiers are not in a position, as experience has shown, to cope with these fellows who know all the answers. I shall take very strict measures here and shall put such a prisoner of war before my court martial. If he has committed sabotage or refused to work, I will have him hanged, right in his own factory. I am convinced that that will not be without effect.
Anyhow, the strangest things occur in the treatment of the workers. It is said that the people collapse, and then one has to find out that they have a furlough of three or four days every eight weeks. That is dirty business of the first order and treason to the country! Then perhaps a construction battalion arrives and is supposed to be put to work. The commanding officer, perhaps some overfed grade-school teacher, declares that the men must drill and must take part in sports! Damn it, the fellows are there to work so that the maximum amount of work will result. One has to act very strictly here. A construction battalion was ordered to Regensburg. The commanding officer was one of those scholars who said he could not billet the men in peacetime conditions and, therefore, he refused to start work. Such a guy should be convicted by a court martial and hanged. I would be grateful if the gentlemen would proceed in that manner. As with me in industry, so every stupidity is possible everywhere else also. As chief, one has to take up these matters. I know what kind of obstacles become apparent. There is bureaucracy. It is not easy to go against bureaucracy. But we have to cut through that also, and if you, Gentlemen, proceed with the right attitude here, then we are already assured of success.
* * * * *
* * * In saying this I do not even consider the fact that the workshops have first-class personnel, whereas we in the Luftwaffe armament industry have Russians, French prisoners of war, Dutch, and members of 32 other nations. Obtaining interpreters alone presents a big difficulty there. * * *
A further question concerns the efforts for housing the machines. That is very important, and I would be very grateful if you would think this matter over also. In this manner you would not only facilitate the question of spare parts but also the scarce supply of materials. Each fighter plane contains about one ton of aluminum. Every small bomber contains four tons of aluminum; and a larger bomber, seven to eight tons. The captured bombers contain eleven to twelve tons of aluminum. There are in any case tremendous amounts of material involved here. Let us take twelve tons as normal for an American heavy bomber, or let us say only ten tons, and let us assume that we actually shoot down 500 such American bombers a month and that we can salvage them over our own territory; that alone means 5,000 tons of aluminum, 5,000 tons: that is 25 percent of the aluminum quota at the disposal of the Luftwaffe. You can see how important these questions are, too. We can certainly count on more Americans being shot down in the future because we will have more fighter planes.
* * * * *
I further ask for support by the Luftwaffe physicians. With all the rabble that we have among the foreign workers there is of course a lot of shirking. At the moment the Russians—that is, the Russian prisoners of war—are feigning a lot of fatigue and illness. The incidence of sickness of one-and-a-half to two percent which we have had up to now has at least doubled and in some factories it has been increased to eight, nine, and ten percent. That is, of course, done by previous agreement. There the official physicians must undertake an examination and if the physicians, who have to be very strict, find out that it is not true, then we return the fellows to work by means of the whip. Then the whip serves as cure.
A further request which is very important from the point of view of leadership! Sometimes we do not know in case of an alert what orders we want to give for our factories. If a factory knows that it is about to be attacked, and it has a few trench shelters but does not have a bomb-proof shelter or the like, then the people simply run away from the factory, automatically at each raid, after the first one, and they usually cannot be caught the next day, either. That applies particularly to the foreigners. We have, therefore, now issued the following order, and have equipped the superiors accordingly with weapons and pistols: as soon as a factory which has already been attacked a few times can count on the raids being aimed at that particular factory again, then the personnel leave the factory; but in closed groups by shops, under the leadership of the man in charge of the shop, and, to the extent that they are German personnel, they leave singing military songs. The people are led away from the factory to a distance of 1,000 or 1,500 meters. There they have to lie down in slit trenches and watch their factory from there, so that they can immediately rush to it after the raid in order to help and to save what can be saved. That is the only correct way to do it. * * *
* * * * *
Gentlemen, you come from the fronts, and some of you were perhaps surprised to see how Berlin looks. I recommend to you, if you still have time today, to drive around in a bus and see Berlin. The center still looks quite nice. But have a look at other districts of Berlin too, or look at Frankfurt or Duesseldorf or whatever all of these places are called, in their present condition; then you will admit to me that the population will not be able to endure this condition permanently; not that there is any danger of a revolution or any such thing as we know it from 1918. But at a certain point a human being just cannot endure any more. It is quite surprising how the population has endured this thing so far or how it always gets on its feet again, when it is led in the proper way by true leaders (Fuehrer) who, thank God, are present among the people through the Party and the rest of the leadership. But you must not forget, Gentlemen, the war of nerves has reached a point which causes us in the leadership group worry. The people cannot endure that forever.
One does not have to see only how the people are working—I have told you that—but also how they live, where they are living today, how they are sleeping today. There are hundreds of thousands of Berliners who have not known any heating for months, who have not been able to take a bath for months, who have not been able to shave with warm water for months, and the like. They are happy if they can still put their warm coffee [Plirsch] in their stomachs in the morning and at noon their soup. And with that they work seventy-two hours. It is a damned difficult affair. Whoever does not understand that and whoever does not say on this occasion: From now on our work will be done quite differently than was the case so far, is a miserable wretch in my opinion. And everyone of us and everyone you appoint has to be trained to accomplish in this sphere what the others have been accomplishing for a long time. We have to do that, we have to increase our production so that we can push the enemy back in the next few weeks and months in the same way as he has advanced to Berlin and farther, step by step.
* * * * *
Please go wherever you are going and knock everybody down who blocks your way! We cover up everything here. We do not ask whether he is allowed to or whether he is not allowed to. For us, there is nothing but this one task. We are fanatics in this sphere. We do not even consider letting anything at all distract us from that task. No order exists which could prevent me from fulfilling this task. Nor shall I ever be given such an order. Now, do not let anything deter you, and get your people to the point that no one deters them. If there is a little hindrance from below, this is not due to ill will but to stupidity. Gentlemen! In the fifth year of war stupidity is a crime!
* * * * *
Gentlemen, I know, not every subordinate can say: For me, the law no longer exists, but he has to have someone who covers up for him, not out of cowardice; but if you act according to the spirit of the old field service regulation, “Abstaining from doing something hurts us more than erring in the choice of the means,” and if, moreover, you keep in touch and immediately clarify difficult points so that something can be done, then we are willing to accept the responsibility, whether this is the law or not. I see only two possibilities for me and for Germany: Either we succeed and thereby save Germany, or we continue these slipshod methods and then get the fate that we deserve. I prefer to fall while I am doing something that is against the rules but that is right and sensible and be called to account for it and, if you like, hanged, rather than be hanged because Papa Stalin is here in Berlin, or the Englishman. I have no desire for that. I would rather die in a different way. But I think we can accomplish this task, too. We are in the fifth year of war. I repeat: The decision will come within the next six weeks!
Heil Hitler! (End: 12:20 hours)
TRANSLATION OF DOCUMENT NOKW-261 PROSECUTION EXHIBIT 70
CHART OF THE ORGANIZATION OF THE JAEGERSTAB DRAWN BY SAUR WITH LETTER OF TRANSMITTAL TO PROSECUTION STAFF, 14 NOVEMBER 1946
Nuernberg, 14 November 1946
K. O. Saur
TO: Mr. King, via Prison Office.
In accordance with your request enclosed please find the organization chart of the Jaegerstab which was founded by decree of Reich Minister Speer on 1 March 1944. The chart was drawn up from memory.
The working methods of the Jaegerstab are disclosed in their essence by the following paragraph from the Armament Staff Charter issued by Reich Minister Speer on 1 August 1944.
“Also in the future in order to prevent the Armament Staff from developing gradually into an extensive agency, the regulation concerning the purely personal membership will be maintained, as was the case for the Jaegerstab. The technical work will be done, therefore, in the office and agencies to which the personal members belong, under the responsibility of the competent office chiefs or agency directors.”
The ministries and their offices or agencies responsible for the different tasks are mentioned individually in the organization chart.
For reasons of clarity, the Jaegerstab, as liaison office, has been framed in red; the technological office, which then was under my own responsibility has been framed in blue. [See legend on chart.]
[Signed] SAUR
TRANSLATION OF DOCUMENT 1584-III-PS PROSECUTION EXHIBIT 71
CORRESPONDENCE BETWEEN HIMMLER AND GOERING, 9 MARCH 1944, CONCERNING THE USE OF CONCENTRATION CAMP PRISONERS IN THE AIRCRAFT INDUSTRY
1879/44 Secret 9 March 1944
Field-command office
Subject: Employment of prisoners in the aviation industry.
Reference: Teletype of 14 February 1944.
5 copies, 5th copy Top Secret State Matter Most honored Reich Marshal,
Following my teletype letter of 18 February 1944, I herewith transmit a survey on the employment of prisoners in the aviation industry.[111]
This survey indicates that at the present time about _36,000 prisoners_ are employed for the purposes of the air force. An increase to a total of _90,000 prisoners_ is contemplated.
The production is being discussed, established, and executed between the Reich Ministry of Aviation and the Chief of my Economic Administrative Main Office, SS Obergruppenfuehrer and General of the Waffen SS Pohl.[112]
We shall render assistance with all forces at our disposal.
The task of my Economic Administrative Main Office, however, is not solely fulfilled with the delivery of the prisoners to the aviation industry, as SS Obergruppenfuehrer Pohl and his assistants take care of the required working speed through constant control and supervision of the work-groups [Kommandos] and therefore have some influence on the results of production. In this respect I may suggest consideration of the fact that in enlarging our responsibility through a speeding up of the total work better results can definitely be expected.
We also have for some time adjusted our own stone quarries to production for the air force. For instance, in Flossenbuerg near Weiden the prisoners employed previously in the quarry are working now in the fighter plane program for the Messerschmitt corporation, Regensburg, which saw in the availability of our stonemason shops and labor forces after the attack on Regensburg at that time a favorable opportunity for the immediate partial transfer of their production. Altogether 4,000 prisoners will work there after the expansion. We produce now with 2,000 men 900 sets of engine cowlings and radiator covers as well as 120,000 single parts of various kinds for the fighter Me 109.
In Oranienburg we are now employing 6,000 prisoners at the Heinkel works for construction of the He 177. With these we are supplying 60 percent of the total crew of the plant.
The prisoners are working without fault. Up till now 200 suggestions regarding the improvement of work have been handed in at Heinkel from the ranks of the prisoners, which were used and were rewarded with premiums. We are increasing this employment to 8,000 prisoners.
We also have employed female prisoners in the aviation industry. For instance at the mechanical workshops in Neubrandenburg 2,500 women are working now in the manufacture of devices for dropping bombs and rudder control. The plant has adjusted the total aerial production to employ prisoners. In the month of January 30,000 devices as well as 500 rudder controls and altitude regulators have been manufactured. We are increasing employment to 4,000 women. The performance of the women is excellent.
In our own plant in Butschowitz near Bruenn (Brno) we produce also for the air force, there however with civilian workers. This plant supplies 14,000 wooden-built rear control apparatus for Me 109 to the Messerschmitt Corporation, Augsburg.
The movement of manufacturing plants of the aviation industry to subterranean locations requires _further_ employment of about 100,000 prisoners. The plans for this employment on the basis of your letter of 14 February 1944 are already under way.
I shall keep you, most honored Reich Marshal, currently informed on this subject.
Heil Hitler! [Initialed] H.H. [HEINRICH HIMMLER]
TRANSLATION OF DOCUMENT R-124 PROSECUTION EXHIBIT 48-E
EXTRACTS FROM THE MINUTES OF DISCUSSIONS BETWEEN SAUR AND THE FUEHRER, 6 AND 7 APRIL 1944
Top Secret State Matter
The Chief of the Technical Office TA Ch S/Kr
Berlin, 9 April 1944 _MINUTES OF DISCUSSIONS WITH THE FUEHRER ON 6 AND 7 APRIL 1944_
* * * * *
16. Reports made to the Fuehrer by myself [Saur] and Field Marshal Milch, based on tables and drawings, as to the achievements of the Jaegerstab stressing the satisfactory cooperation of the new organization with all offices and plants. Reported in detail that plans have been made for the best part of transfers, and that, as a first installment, the decentralization above ground will be completed by August, and, as the second installment, that the most vulnerable plants will be underground by the end of the year.
17. Field Marshal Milch reported on the result of a construction staff meeting of the Central Planning Board according to which the most important building projects only could materialize due to a great tension in general conditions. In spite of this, the Fuehrer demands that the two huge buildings of 600,000 square meters each should be erected with all speed. He agrees that one of these buildings is not to be made from concrete but—according to our suggestion—will be set up as an extension of, and close to, the Middle Plant [Mittelwerk] as a so-called “Middle-Building” [Mittelbau], and that this plant will be placed under the direction of the Junkers Works. Plans have to be made without delay to secure production in bottleneck items of the Junkers Works, production of Me 262 at 1,000 per month, and fighters at 2,000 per month.
Suggested to the Fuehrer that, due to lack of builders and equipment, the second big building project should not be set up in German territory but in close vicinity to the border on suitable soil (preferably on gravel base and with transport facilities) on French, Belgian, or Dutch territory. The Fuehrer agrees to this suggestion if the works could be set up behind a fortified zone. For the suggestion of setting this plant up in French territory speaks mainly the fact that it would be much easier to procure the necessary workers. Nevertheless, the Fuehrer asks that an attempt be made to set up the second works in a safer area, namely in the Protectorate. If it should prove impossible there, too, to get hold of the necessary workers, the Fuehrer himself will contact the Reich Leader SS and will give an order that the required 100,000 men are to be made available by bringing in Jews from Hungary. Stressing the fact that the building organization of the Industry Association Silesia [Industriegemeinschaft Schlesien] was a failure, the Fuehrer demands that these works must be built by the O.T. [Organization Todt] exclusively and that the workers should be made available by the Reich Leader SS. He wants to hold a meeting shortly in order to discuss details with all the men concerned.
* * * * *
The Fuehrer agrees that these items may be used as a basis for future conferences.
[signed] SAUR [typed] (SAUR)
TRANSLATION OF DOCUMENT NOKW-247 PROSECUTION EXHIBIT 61
APPOINTMENT OF FIELD MARSHAL MILCH AS GOERING’S PLENIPOTENTIARY FOR THE INTENSIFICATION OF AIR FORCE ARMAMENT
_Copy_
The Reich Marshal of Greater Germany Chairman of the Reich Defense Council
Berlin, June [sic] _AUTHORIZATION_
The war situation calls for the utmost intensification of the armament capacity of the German Air Force within the shortest time. The goal of the measures to be taken has to be the fourfold increase of the present production in all branches of air force armament. I commission the State Secretary of the Ministry of Aviation, Field Marshal Milch, with the speediest execution of this intensification of armament ordered by the Fuehrer. To secure the attainment of the end at which we aim I confer herewith the most extensive power of authority on Field Marshal Milch within the sphere defined as follows:
1. Shutting-down and seizure of factories, decisions about expropriations and forced leases, seizure and expropriation of construction material in agreement with the Plenipotentiary General for Construction, erection of auxiliary buildings exempted from restricting provisions of the building police, of the office for the supervision of industry, of air-raid protection, social institutions, etc., as far as these provisions are incompatible with the fast completion of the building projects.
2. Confiscation, expropriation, and renting of machinery of all kinds and its distribution to the armament factories of the Luftwaffe. Forced transfer of workers who are unemployed or employed in industry of any kind whatsoever, this not only for the erection of the buildings but also for allocation to Luftwaffe armament factories.
3. Confiscation of raw materials absolutely essential for the Luftwaffe program; only superfluous raw materials may then be distributed in the manner as now. This refers especially to light metals and gasoline.
4. Removal and transfer of key personnel of the entire armament industry irrespective of existing contracts under private law; cancellations of or changes in existing powers of authorization, and issue of new powers; creation of industrial associations, patent associations, merger of companies; creation of new companies, and separation of uneconomically working firms and their coordination or subordination to better managed firms.
5. Deviation from existing regulations about the financing of the war and premiums in cases where the utmost intensification of output cannot be achieved otherwise. In this connection due consideration has to be given to the economical situation and to the financial capacity of the firms involved.
6. All decisions of and all measures taken by my plenipotentiary on the basis of this authorization have to be regarded as if they were ordered by me. These decrees and measures have priority in respect to all other official directions and decrees as far as these are not compatible with the speediest execution of the intensification of the production capacity.
TRANSLATION OF DOCUMENT F-824 PROSECUTION EXHIBIT 57
ORDER OF FIELD MARSHAL VON KLUGE REGARDING COMPULSORY RECRUITMENT OF LABOR IN THE WEST, 25 JULY 1944
Secret [Stamp]
2_a_ [Handwritten]
Headquarters, 25 July 1944
546 [Handwritten]
Commander in Chief West Section IaT No. 1731/44 secret
Reference: 1. OKW/WFST/Qu. (Adm.1) Qu.2 (West) No. 05201/44 secret of 8 July 1944 (_distributed only to Commander in Chief West and the Military Commanders._)
2. OKW/WFST/Qu. (Adm.1) Qu.2 (West) No. 05431/44 secret of 19 July 1944.
(File Notes)
Subject: Procurement of Labor in the West.
With Ref. to 2, Chief OKW has ordered:
“The communication of Field Marshal Von Kluge of 8 July, addressed to the Reich Minister for Armament and War Production, crossed with my order of the same day.” (OKW/WFST/Qu. (Adm. 1) Qu. 2 (West) No. 05201/44 secret).
From this it is evident that, by order of the Fuehrer, under suspension of orders to the contrary, the wishes of the Plenipotentiary for Labor [Sauckel] and of Reich Minister Speer must, in principle, be carried out. Further, to my teletype, the following additional general directions apply in future, as a result of the conference of ministers in the Reich Chancellery on 11 July, about which the Commander in Chief West will have been informed by the military commander:
Rejecting justified misgivings with regard to peace and security in the interior of the country, seizures must be carried out wherever the opportunities referred to in my above-mentioned teletype offer themselves. As the only limitation, the Fuehrer has ordered that no forcible means shall be employed against the population in the actual combat area as long as it [the population] shows itself prepared to assist the German Armed Forces. However, recruiting of volunteers from among refugees from the combat zone is to be carried out vigorously. Moreover, every means is justified to seize as much labor as possible otherwise, apart from [using] the powers granted to the armed forces.
In order to render as effective as possible the measures which have been introduced, the troops are furthermore to be instructed in general as to the necessity of the organization for conscription of labor in order to put an end to the open and covert resistance which has arisen in many instances. The field commandants and the offices of the military administration must give wide support to the representatives of the Plenipotentiary for Labor Allocation and refrain from encroaching on their sphere of activity.
I now direct that the necessary orders in this sense be given and that I be constantly informed about the measures taken and their execution.
_Indorsement of Commander in Chief West_:
In accordance with this, Commander in Chief West has reported the following to the Chief of the OKW on 23 July 1944:
1. I have authorized the execution of the Sauekel-Laval agreement of 12 May in spite of misgivings because of interior security.
2. I will issue more detailed directives for the execution of the measures in the combat zone in accordance with OKW/WFST/Qu. (Adm.1)/2 (West) No. 05201/44 secret of 8 July 1944.
The Commander in Chief West [Typewritten] VON KLUGE Field Marshal
Additional orders will follow.
For the Commander in Chief West The Chief of Staff BY ORDER (illegible signature) Colonel, GSC
Distribution: High Command Army Group B High Command Army Group G Armored Group Command West _Mil. Cmdr. in France_ Armed Forces Commander in Belgium and northern France
For Information:
Commander in Chief West/Ic [Intelligence] IaT (Draft)
PARTIAL TRANSLATION OF DOCUMENT NOKW-337[113] PROSECUTION EXHIBIT 75
EXTRACTS FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE OF 6 MARCH 1944
SS MAJOR: [unidentified] I have already discussed with Lt. Col. Diesing our requirements according to our construction plan in the immediate program. From tomorrow 5,000 prisoners will be in readiness to carry out this measure. For that we need 750 guard personnel.
* * * * *
FIELD MARSHAL MILCH: We must distribute our German people as key personnel. That is, out of three construction companies we can probably make ten complete ones by introducing 70 percent foreigners.
SS MAJOR: They must be skilled workers. In handling the prisoners, it appears best that we should give 5 to 10 of them to one man who knows his job.
SAUR: The construction companies will be dissolved to provide key personnel for teams 10 times or even 100 times their size. That is a question which must be clarified by 10 a.m. tomorrow between the Plenipotentiary General for Construction and the air force construction units on one side and Kammler’s construction staff on the other. That will be clarified by tomorrow and he then must say what he needs. The Todt Organization must take part in the discussion, but I cannot consent to the inclusion of the Todt Organization in the matter as a third leading organization, as we would get confused. The Todt Organization must bleed with the rest. It is the same as your construction companies. It is the donor but he is the organizer and usufructuary. He is by all means the usufructuary. For besides being organizer, he is the usufructuary for the construction sites of the Plenipotentiary General for Construction.
SS MAJOR: Therefore it is important that these construction companies should be under military leadership!
FIELD MARSHAL MILCH: * * * We further appealed to the Fuehrer that we should get the 64 miners who are in Berchtesgaden, as the work there will probably soon be finished. He made the suggestion that we, like the SS, should also train miners in the greater degree and mentioned the figure of 10,000 who would have to be trained one after another because they could not all be trained at once.
SAUR: The SS should be told that the training of miners should rest entirely with them because the SS runs the best mining school.
FIELD MARSHAL MILCH: We must also ask the SS to get more miners from Italy and Slovakia.
SAUR: * * * We must bring more order into the PW base camps [Stalags]. We have made a proposal that the PW base camps should be transferred to the SS. The Italians and eastern peoples should be treated more roughly.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-338[114] PROSECUTION EXHIBIT 75
EXTRACTS FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE ON FRIDAY, 17 MARCH 1944
* * * * *
STOBBE-DETHLEFFSEN: * * * We already count on 100,000 men for the tasks of the Jaegerstab. To transfer them would mean breaking into the rest of the armament economy to an unheard-of degree.
(SAUR: 100,000 without Kammler!)
Including the labor we give Kammler but not including the concentration camp people.
SAUR: Right from the beginning we realized that 200,000 men would be transferred.
STOBBE-DETHLEFFSEN: I have just spoken to Prinzel about it. It is absolutely necessary that the few German key personnel at our disposal should be taken with the concentration camp inmates or with the other subjugated people in such a proportion as will guarantee the best use of this valuable German strength * * *.
* * * * *
STOBBE-DETHLEFFSEN: I am always getting demands for German labor. For example: Here are 5,000 concentration camp inmates, give me 1,000 German workers. I do not fulfill these requests in this proportion; otherwise my German labor would soon come to an end. We have filled only a fraction of the positions. I distribute German workers only in the ratio of 1:10.
* * * * *
MILCH: The air force stresses the importance of getting the whole cave for the purposes of manufacture. * * *
PORSCHE: * * * I shall talk to Weiss again about our getting more concentration camp people for finishing off the work.
(DIESING: We probably shall not get them.)
I’ll get them from the Reich Leader. I already have 3,500. Two of Obergruppenfuehrer Pohl’s men are going to France to prepare everything locally with regard to housing and feeding.
* * * * *
NOBEL: Can one be responsible for foreigners working as airfield control personnel? The repair works say: yes!
(MILCH: Not as pilots!)
I do not think that is intended. The repair works said yesterday that it would be a help to them if foreigners could be used as airfield control personnel. * * *
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-346 PROSECUTION EXHIBIT 75
EXTRACTS FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE UNDER CHAIRMANSHIP OF FIELD MARSHAL MILCH ON MONDAY, 20 MARCH 1944
* * * * *
SAUR: * * * As far as Hungary is concerned, I should be grateful if the Field Marshal would call up Mr. Sauckel and tell him that the whole group mobilized in Hungary should be primarily at the disposal of the Jaegerstab. Large construction [of entrenchments] columns [Schanz Kolonnen] must be formed. The people have to be treated like prisoners. Otherwise it won’t work.
* * * * *
SAUR: Where are the 54,000 Czechs?
MAHNKE: Of the 58,000 Czechs, 17,000 have been earmarked for Czechoslovakia. 31,000 are intended for the Reich, and after that 26,000 have been divided among the special commissions [Sonderausschusse]. 31,000 were for power units.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-388 PROSECUTION EXHIBIT 75
EXTRACTS FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE OF 28 MARCH 1944
* * * * *
NOBEL: The labor situation in the repair sector is very unsatisfactory. Of the 2,000 people promised me before from the Action Sauckel, not one has yet arrived. There is no point in saying that people should apply to the armament department [Ruestungskommando]. The armament departments and inspectorates [Ruestungskommandos and Inspektionen] have not got anybody. If these men are not roped in by higher authority, the repair workshops cannot get any labor. My people are not in a position to stop production because we have not received any men since 11 March.
MEMBER OF THE JAEGERSTAB: I brought this matter up yesterday with Ministerialdirigent Dr. Timm of the office of the Plenipotentiary General for Labor Allocation, and told him that we handed in our request on 17 March, but had not yet received any laborers. He could not tell me anything but will let us know today. I will ask Schmelter, who is coming to this meeting later, to follow up the matter.
MILCH: Tell Schmelter, that if I can help in any way by calling Sauckel, etc., he should let me know.
* * * * *
SCHMELTER: I have received such high demands, for instance today over 3,000, tomorrow over 5,000, and the day after, again over 4,000, that it cannot possibly be that the labor is really needed, or else the firms do not understand the program. What has been received from you, Mr. Lange, has been passed on. It is also to be expected that these laborers will come within the next 10-14 days. I have arranged with Sauckel that I shall give out red tickets for the most urgent demands, first of all a consignment of 10,000. That will do to begin with. These red tickets will have priority, even over other red tickets. Of course, that will cause difficulties over skilled workers. When we have a picture of the number of skilled workers we need, we must decide from which branch of manufacture we can remove them, for Sauckel does not have so many skilled workers. Those who have already arrived are, for the most part, from the East. That is still the most prolific source. Very few come from the West and they are slowly starting to come from Italy. There are comparatively few skilled workers among them. So we must decide what factories are to be closed or restricted and where we shall take away the skilled workers. I can only let you have details in a few days when I have a complete picture of requirements.
NOBEL: If I must speed up repair work in a limited time, I need the labor at once. Since 16 March not one of the 2,000 people that Sauckel was going to send has arrived. That is already two weeks ago. They tell me that if they have to deliver 50 machines they must have 60 people today or tomorrow. But that won’t work because I have not got the people. I have always said—you will not get skilled workers. They answer—then give us others. If we do not fulfill these demands, their confidence in the Jaegerstab will be undermined. This morning I shall get material from Hansen & Company in Muenster. The labor office there is not yet clear about the set-up of the Jaegerstab and the priority of the fighter program. It is the result of the bureaucracy of the authorities. My men have to argue with the authorities and thereby lose valuable time.
SCHMELTER: It is now customary, if one fails to produce something to put the blame on the labor office. I remind you of the Messerschmitt affair.
(MILCH: That is not so in all cases.)
Assuredly! The gentlemen were with me on Saturday. They had got back 50 tool makers from the army into the bargain, which they had had in the meantime, and said nothing about. First, they could not employ them, secondly, they did not need them, and thirdly, they got them elsewhere. Furthermore Sauckel puts the people at the disposal of the repair department. It was immediately reported that the labor offices worked too slowly.
MILCH: You will make things easier for yourselves if you build up gradually a small reserve of a few hundred people, at first 500 which you can later raise to 2,000 so that you can cover immediately any need that arises. Then our work will gain the respect of others. At the moment it is like this—either we must transfer people and leave a gap where it is less vital, or wait until the people are brought in by Sauckel. When one sees the figures that Sauckel has produced and ascertains what the armament industry has received, the comparison is ridiculous.
SCHMELTER: A letter is on the way from the minister to Mr. Sauckel. During the first three months Sauckel has brought in between 300,000 and 400,000 people, but not even a miserable 66,000 red tickets could be honored.
MILCH: I personally cannot get over it! Take the help away from the housewives! In the past year 800,000 domestic servants have been negotiated and we are fighting for 2,000 men!
SCHMELTER: In one year the demand for female domestic servants in Germany has risen by 200,000, the demands of the armament industry during the same period by 600. I have arranged that transports that come from abroad are directed straight to the points of greatest need.
MILCH: Every week 2,000 people come from the East.
(SCHMELTER: Most of them go into agriculture.)
The Jaegerstab has priority over agriculture. Can you not intercept them?
SCHMELTER: I have arranged that. The 2,000 are disposed of; some of them are already at work. But it does not always happen that the reports of the firms are 100 percent correct. We have often checked that up. It often happens that firms take the people and put them into another branch of production but still shout for people for the high priority processes.
(NOBEL: That is not the case in my repair industry!)
FRYDAG: Yesterday, I was in Wiener-Neustadt. The works have a considerable assignment and a hefty increase. Merely in order to get out of the room unscathed I gave them 200 men from the airframes industry.
SCHMELTER: In Wiener Neustadt there was a demand for 1,000 or 1,500. A thousand were supposed to come from Air Fleet 2 in Italy. An engineer official, Weidinger, was going to produce them. On Sunday I received a phone call to the effect that the engineer official could not produce them.
FRYDAG: That is quite right. But you must put yourself in the firm’s place. The firm must have these people.
SCHMELTER: Then I must see to it that I take them from somewhere else.
MILCH: You know our position. We are convinced that you do everything you can. But we must now commit a robbery. We can no longer operate along legal lines.
(SCHMELTER: That is the only possibility.)
There will be abuse but we must accept that.
SCHMELTER: I shall go tomorrow to Mr. Sauckel and tell him that he must give the fighter industry the next transport of workers from the East. The proposal that the fighter industry should not give back the laborers it received who originally worked in agriculture has been turned down by Sauckel. I am commissioned to inform you of this.
MILCH: That is out of the question. Nothing shall go out of the fighter industry!
SCHMELTER: I am commissioned to say that he must have this labor back again.
MILCH: Later, not now! One more thing. We must protect all the factories working for the fighter program. We must say to them: You must not give up people for anything whatsoever except on command of the Jaegerstab. None can touch you, not even the local labor offices and the ministerial authorities; requests for personnel must all be directed to the Jaegerstab. We must put that out clearly as an order.
(PETRI: That is already in previous minutes.)
SCHMELTER: May I request that this order should be extended to the management and repair personnel of the electricity and gas works.
MILCH: I can only do it for the Jaegerstab. I am not doing it for the bomber and other branches either as we have only that special authority.
SCHMELTER: I should like to ask that it should only be done for manufacture and not construction.
MILCH: Agreed! We must write a letter to Keitel of the OKW and a letter to Sauckel saying: Requests are to be made only directly to the Jaegerstab.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-334[115] PROSECUTION EXHIBIT 75
EXTRACT FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE OF 25 APRIL 1944
* * * * *
[page 27]
WEGENER: I have a question for Schmelter: Has the question of the _transfer of western Europeans_ been clarified?
WERNER: On this subject I can say that it is especially difficult for BMW [Bavarian Motor Works], because we can only transfer Russians and concentration camp inmates, and the guards for these are mainly Belgians and French.
* * * * *
WEGENER: As far as I can remember, 200 key personnel are needed for Markirch.
MILCH: Perhaps that must be brought before the Fuehrer again.
SCHAAF: Saur came back and said there was no more to be said on this subject to the Fuehrer.
MILCH: That is out of date now. I have discussed with Saur the fact that we cannot keep up this state of affairs. Saur is of my opinion. It must be discussed once more with the Fuehrer. I can discuss it again with the Reich Marshal. We shall do what we can, but we cannot throw everything into confusion without due consideration. How should we then manage to produce! I am convinced that the Fuehrer will agree as soon as we can put these people reasonably into barracks so that they do not come into contact with the population.
* * * * *
SCHAEDE: Whenever French key personnel are brought to Lorraine, they run away without fail in a short time. This one must tell the firm. Already they do not come back from leave.
MILCH: It will only work if we put these workers into barracks. We cannot exactly treat them as prisoners. It must appear otherwise, but it must be so in practice.
* * * * *
MILCH: I am personally convinced after talking to the Fuehrer that he will agree as soon as it is made reasonable. The people should not be able to mingle with the population and to conspire. Nor should they be allowed to run around free, so that they can cross the frontier every day. Both practices must be stopped.
* * * * *
HEYNE: I have two short points. Yesterday Maehrisch-Truebau was removed from the program because the Quartermaster General told me the previous night that it was possible to move in on the morning of 28 April. The matter is already progressing. Last night I was called up again because the Chief of Prisoners of War Affairs did not quite agree with the new accommodation in Brunswick of the prisoners from Maehrisch-Truebau for some reasons of security.
I should like to ask Major Kleber, who was also yesterday announced as Mr. Saur’s liaison officer with the OKW, to exert some pressure here.
Apart from that, General Schmidt said that there were also some fighter units and suchlike in the barracks; that he could not move out as quickly as that; he would not take orders; otherwise he would go to the Reich Marshal.
MILCH: I am of the opinion that that must be done at once. It’s all the same to me if individual people do object. Protest does not interest me at all, whether from the Chief of Prisoners of War Affairs or from our side.
Kleber, would you be so good as to take care of this?
KLEBER: As far as prisoners of war are concerned I can take care of it, but not where it concerns the air force. That must be handled separately.
MILCH: Naturally. This matter must be handled by us. There was in fact, another proposal but we do not want it. Otherwise someone else will come complaining.
KLEBER: I should like to transfer the prisoners further off to Brunswick.
MILCH: I think it is an excellent idea for the prisoners to go there if Brunswick continues to be attacked.
* * * * *
SAUR: I must come back again to the question of _western European workers_. Make an energetic attempt to make a _compromise within the factories_. I think it will work out. I do not think the Fuehrer will give in even if we put the French into barracks. He has spoken so firmly and for reasons which I cannot but recognize. I am all the more thankful that permission has been given for the Protectorate. I am going to see State Minister Frank on Friday and I shall discuss with him the whole question of dispersal in the Protectorate. I shall like Schmelter to accompany me to Prague on Friday to discuss the question of transfer of workers.
MILCH: I said before that we wanted to carry out the transfer within the factories. Then if something is left over, we should have to approach the Fuehrer again, but only on condition that they are in barracks and that there are replacements for them.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-362 PROSECUTION EXHIBIT 75
EXTRACTS FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF JAEGERSTAB CONFERENCE ON THE OCCASION OF THE 5TH TRIP OF THE “HUBERTUS UNDERTAKING”, 2 AND 3 MAY 1944
* * * * *
[Page 65]
MILCH: * * * I also ask that every time the civilian population is attacked [Translator’s note: by low-flying aircraft], in private cars, on [rail] roads, etc., the local offices make reports accordingly. The Fuehrer has ordered extremely severe measures against these enemy crews who harass the civilian population. There is not the slightest military necessity for this and the Fuehrer intends absolutely to act according to the Japanese pattern. (Enthusiastic applause!) We must only take cases individually so that we have the necessary material and can produce it. We owe that to our boys who are prisoners over there, who will be held as hostages unless we have proper proof.
* * * * *
[Page 110]
SCHNAUDER: * * *
1. At the Heinkel factory at Barth there are 3,300 workers, consisting of 300 Germans and 3,000 concentration camp inmates. Of the 3,000 concentration camp inmates, 1,500 are men. In order to maintain their working capacity it is necessary to evacuate these men too during daylight air attacks. However, there are not enough guards and sometimes there is a deficit of as many as 20. As guards cannot be drawn from any other source, it has been decided that the factory is to arm as guards certain men from its own ranks to guard the concentration camp inmates. * * *
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-390 PROSECUTION EXHIBIT 75
EXTRACT FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE OF 4 MAY 1944
* * * * *
SAUR: 12. Can the arrival of the reported 50,000 Italians be relied on? By what date will the first transport arrive? This wording is, frankly, unintelligible. It was quite clear that the 50,000 Italians were coming so that the transport facilities were guaranteed long ago. How did such a report get into the minutes of 14 April?
(Comment: The camps into which these people are to go don’t even exist yet!)
We shan’t get any further like this! Inform Mr. Schmelter.
FIELD MARSHAL MILCH: Are they coming via Sauckel?
SAUR: No. This is our own undertaking. Pueckel has clarified various doubtful points with Nagel and got ready a large number of vehicles and now all that comes to nothing. Schmelter must report on it tomorrow, not in the sense of whether it can be done, but that this and that must be done, and by such and such means.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-442[116] PROSECUTION EXHIBIT 75
EXTRACT FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE ON 5 MAY 1944
* * * * *
SCHMELTER: Then the transport of the Italians. 50,000 Italians have not yet been transported. It was due to the fact that the escort for the transport has not yet been appointed. The conversation yesterday with the Plenipotentiary in Milan proved that the transport should leave today for this place Woerl (?) [sic] where further distribution will be undertaken. I booked another call this morning but did not get through. I hope to be able to give more details tomorrow.
MILCH: Has a proper reception center been set up in Woerl?
(SCHMELTER: Yes.)
Is it assured that the number of those leaving is in reasonable proportion to those arriving? * * *: [sic] That shall be. A man has been appointed by Schmelter to travel down there especially and control directly the conscription of civilians.
MILCH: Is there someone at the Escort Detachment Headquarters in Italy responsible for seeing that people do not get out and run away during the journey?
* * * [sic] That is what the escorting personnel is there for.
(MILCH: Someone of standing?)
Dr. Wendt is responsible for the whole undertaking.
MILCH: I am of the opinion that, if anyone jumps out, he should be shot; otherwise a thousand will get on and only twenty will arrive there. The Gendarmerie and all military posts must look out for those who abscond on the journey. They will be arrested at once and will appear before a court martial.
(End of meeting 1225 hours).
PARTIAL TRANSLATION OF DOCUMENT NOKW-361 PROSECUTION EXHIBIT 75
EXTRACT FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE DURING THE 6TH JOURNEY OF THE “HUBERTUS UNDERTAKING” FROM 8-10 MAY 1944
* * * * *
GABEL: We must have 1,000 underground workers at once.
SAUR: Definitely.
BORNITZ: The Erzberg [ore mine] has, furthermore, a loss of from 1,400 to 1,500 men per annum due to climatic conditions. It goes up as high as 1,500 meters.
SAUR: Do you give the men up systematically, and to whom?
BORNITZ: Not systematically. They collapse, report sick, and the foreigners do not come back. Some escape too, as in the mountain country it is not possible to seal everything hermetically.
(Comment: A year ago the labor potential of a large concentration camp was thoroughly gone into. That possibility must not be entirely disregarded).
GABEL: Careful! Concentration camp internees are not strong enough to be able to work underground.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-336[117] PROSECUTION EXHIBIT 75
EXTRACTS FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE ON 26 MAY 1944
* * * * *
[Page 31-32]
REICH MINISTER SPEER: With regard to construction it is important that we should not start more building than we can supply labor and equipment for. Equipment is of secondary importance. We must not continue with the mistakes we found in the air force armament industry when we took over, i.e., the beginning of no end of buildings for which, at that time, only 20 to 30 percent of the necessary labor was available.
SAUR: That is the case now unfortunately. We have at least 3 times as many buildings under construction as we have labor available.
REICH MINISTER SPEER: What is the news about the Hungarian Jews?
KAMMLER: They are on the way. At the end of the month the first transports will arrive for surface work on the surface bunkers.
* * * * *
[Page 33]
SCHLEMPP: * * * Dorsch said yesterday that he wanted to bring 100,000 Jews from Hungary, 50,000 Italians, 10,000 men from bomb damage repair, also 1,000 from Waldbroehl (?) [sic]; then he wanted to get something from Greiser’s zone by negotiation, then 4,000 Italian officers, 10,000 men from South Russia and 20,000 from North Russia. That would be 220,000 altogether.
REICH MINISTER SPEER: We have often made such calculations; but the people never came.
* * * * *
[Page 34]
KAMMLER: For all these measures [Translator’s note: A and B construction measures which were the responsibility of the SS], I must take in 50,000 more people in protective custody [Schutzhaeftlinge].
* * * * *
[Page 43]
REICH MINISTER SPEER: We shall carry out a special operation [Sondereinsatz] of our own in order to build up reserves of manpower [Schwerpunkte]. It will bring in 90,000 men in three installments of 30,000.
* * * * *
It will be experts who are called up. And it would be a good thing if one linked up with it the conscription of tool makers within the firms so that one would have a body of tool makers in the armament industry. These people would get leave from this group and would function as armed forces employees. If we make them armed forces employees we have the advantage of being independent of Sauckel’s offices.
* * * * *
[Page 80]
FIELD MARSHAL MILCH: How long do the Italian PW’s actually work here?
SCHMELTER: As long as the factory works. There is a regulation that PW’s must work so long.
FIELD MARSHAL MILCH: Could you not look into this? You can see people on the streets about 4 or 5 o’clock and nobody after that.
(SCHMELTER: I can look into it!)
I do not believe that any Italian prisoner of war works 72 hours.
* * * * *
[Page 81]
SCHMELTER: * * * Dorsch will accompany me to Greiser to try and get 20 to 30 thousand men out of him.
REICH MINISTER SPEER: Kammler had his doubts about that before.
REPRESENTATIVE OF KAMMLER: He didn’t think the 100,000 Jews would come.
SCHMELTER: To that I can add the following. Till now two transports have arrived at the SS camp Auschwitz. For fighter construction we were offered only children, women, and old men with whom very little can be done. * * * Unless the next transports bring men of an age fit for work the whole action will not have much success.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-359 PROSECUTION EXHIBIT 75
EXTRACTS FROM TRANSCRIPT OF STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE ON 27 JUNE 1944
* * * * *
[Page 27]
SCHMELTER: I have another small point to bring up. I said once before that we had fairly large numbers of English and American “Terror Flyers” in air force camps, who cannot be used. It is a matter, in all, of about 17,000 people, approximately half officers and NCO’s who do not need to work. That means that there are 6 to 9 thousand men in camps who just sit about doing nothing. The suggestion that they should be put to work has now been turned down on the grounds that it concerns especially intelligent people trained in collecting information and, apart from that, inclined to acts of sabotage.
SAUR: Can we put them into the manufacture of component parts?
LANGE: Perhaps we can employ them in underground factories.
SAUR: We could employ them in the manufacture of component parts. Who is responsible for this matter?
KRAUSE: The Commission for Prisoners of War; it comes under the Quartermaster General.
SAUR: Will you undertake to put this matter in order? These people must be put at the disposal of the component parts industry. That would be an unbelievable help to us.
SCHMELTER: It must be laid down that these people _all_ go into fighter production or into the component parts industry. Otherwise a part will be sent off elsewhere. The people in question are excellent people, good material.
* * * * *
[Page 31]
SCHMELTER: I have a few more points. Up till now 12,000 female concentration camp internees, Jewesses, have been demanded. The matter is now in order. The SS has agreed to deliver these Hungarian Jewesses in batches of 500. Thus the smaller firms, too, will be in a position to employ these concentration camp Jewesses better. I request that these people should be ordered in batches of 500.
MAHNKE: How many are still there?
SCHMELTER: There are still enough there.
* * * * *
TRANSLATION OF DOCUMENT NOKW-320 PROSECUTION EXHIBIT 73
EXTRACT FROM INTERROGATION OF KARL OTTO SAUR ON 13 NOVEMBER 1946, CONCERNING THE USE OF CONCENTRATION CAMP PRISONERS IN JAEGERSTAB CONSTRUCTION
Q. Were special factories built after the creation of the Jaegerstab?
A. All building of factories above the ground was stopped, and subterranean factories were built. We divided approximately 30 factories into 700 individual workshops to avoid offering targets for attacks.
Q. What kind of workers were used for this construction?
A. The construction was divided into three parts: the two Kammler parts, (_a_) new construction underground, and (_b_) expansion underground, and the Todt Organization part.
Q. This expansion program was directed by Kammler,[118] then?
A. Parts (_a_) and (_b_) were directed quite independently by Kammler. He had full authority from Goering as of 4 March 1944 and was then made a member of the Jaegerstab. * * * The whole affair was carried out by Kammler alone.
Q. And the workers who were used for this purpose were concentration camp prisoners?
A. To my knowledge, they must have been concentration camp prisoners.
TRANSLATION OF DOCUMENT NOKW-266 PROSECUTION EXHIBIT 76
AFFIDAVIT OF FRITZ SCHMELTER, 19 NOVEMBER 1946, CONCERNING THE ORGANIZATION OF THE JAEGERSTAB
I, Fritz Schmelter, swear, testify, and state:
1. That, since about January 1944 until April 1945, I held, in the end, the office of Ministerialdirigent in the Ministry for Armament and War Production (Ministry Speer); that as Ministerialdirigent I was in charge of the Division for Labor Assignment, and from December 1944 until April 1945 of the Central Department for Labor Assignment and Labor Output, and that, as a holder of these positions I was also a member of the Jaegerstab.
2. That Milch and Speer together were in charge of the Jaegerstab; that Saur was the Chief of Staff and was, in this capacity, the immediate subordinate of Milch and Speer.
3. That during its existence the Jaegerstab met almost every day and that these meetings were presided over in most cases by Milch, in the beginning, and later on by Saur; that Speer was very rarely present and only on special occasions; that these meetings took place, first, in the Reich Air Ministry and after this was destroyed in the barrack at Tempelhof.
4. That in the meetings of the Jaegerstab the supply of labor for the Luftwaffe was discussed; that, for the Jaegerstab, the labor requirements necessary to the industry of the Luftwaffe were discussed with the Plenipotentiary for Labor Allocation (Ministry Sauckel); that Sauckel satisfied these requirements as far as possible; that the Chief of Staff, in the Jaegerstab, Saur occasionally also distributed the available labor to the different Luftwaffe plants.
5. That in the year of 1944 the air raids made it necessary to decentralize many of the plants of the Luftwaffe; that this decentralization was ordered by the Jaegerstab; that many factories of the Luftwaffe were transferred into subterranean buildings and that for the completion of these subterranean buildings concentration camp inmates and Jews were also used; that the whole building program of the Jaegerstab was established and controlled by this Jaegerstab itself.
6. That the above facts are personally known to me; that these facts are known to me on account of the position I held and the responsibility it gave me in the Jaegerstab and in the Ministry Speer.
I have read the above statement which consists of two pages in German, and I state that this is the full truth, to the best of my knowledge and belief. I have had the opportunity to make changes and corrections in the above statements. I have given this testimony voluntarily, without any promise of reward and without being, in any way, forced or threatened.
Nuernberg, 19 November 1946. [Signed] DR. FRITZ SCHMELTER
TRANSLATION OF SPEER EXHIBIT 34[119] DEFENSE EXHIBIT 17
ORDER OF HITLER, 21 APRIL 1944, DELEGATING TO DORSCH AUTHORITY FOR JAEGERSTAB CONSTRUCTIONS[120]
Copy
The Fuehrer
Fuehrer’s Headquarters 21 April 1944
To the Reich Minister for Armament and War Production and Head of the Todt Organization, Reich Minister Speer
Berlin W 8
I delegate Ministerialdirektor Dorsch, Chief of the Todt Central Office, to carry out the erection of the six fighter production buildings ordered by me, while retaining his other functions in your sphere of work.
You are to be responsible for taking care of all the prerequisites necessary for the speedy erection of these buildings. You are particularly to effect the best possible coordination with the other war-essential buildings, if necessary referring to me for a decision.
[Signed] ADOLF HITLER
PARTIAL TRANSLATION OF DOCUMENT NOKW-337[121] DEFENSE EXHIBIT 12
EXCERPTS FROM THE STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE ON 6 MARCH 1944 IN THE REICH AIR MINISTRY[122]
* * * * *
SAUR: I see a great many unknown faces and I do not know what business all these gentlemen have here. I suggest that a check be made at the door and that the showing of passes be mandatory. Otherwise there is danger that other people may sneak in here. I demand therefore a stricter control under all circumstances. Furthermore I would ask that gentlemen remain at meetings only as long and no longer as their business makes it necessary. I would therefore request that each gentleman report his presence and state whether he has any matters of general interest. These things could then be taken up first and that would settle that and the man could leave. We only want one gentleman for one subject, not a whole bunch of them.
* * * * *
SAUR: Does the term “construction company”[123] exist at all? I think it does not exist.
DIESING: We have construction companies with the Luftwaffe, among them masons, slaters, window fitters, etc. That is how we arrived at the term “construction company”. We cannot again withdraw the six construction companies which we have taken from Berlin. For each building site we need approximately 100 skilled people, this on the basis of a fixed distribution key and we do not know where to get them.
* * * * *
MILCH: Now we come to the question of foreign exchange. Here the Fuehrer has announced his consent that the requests of the Slovaks to purchase antiaircraft guns, etc., be complied with. Saur has reported orally how many antiaircraft guns have actually been finished and how far we have exceeded the program. This is a good and acceptable method for us.
We have furthermore approached the Fuehrer in order to obtain the 64 miners, at present employed at Berchtesgaden, since the work there should soon be finished. He said that we, like the SS, should train miners on a larger scale too, and named the figure of 10,000 to be trained in successive shifts because one cannot train them all at the same time.
SAUR: The gentlemen of the SS should be told of this, that the entire training of miners is supposed to be done by the SS because the SS has the best school for that.
MILCH: Furthermore we must ask the SS to get hold of further miners from Italy and Slovakia.
SAUR: Barowski (?) [sic] must know that! This question must be cleared up at once, today, in order to agree on the selection with the SS.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-338[124] DEFENSE EXHIBIT 13
EXCERPTS FROM THE STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE PRESIDED OVER BY FIELD MARSHAL MILCH ON FRIDAY, 17 MARCH 1944, 1100 HOURS, IN THE REICH AIR MINISTRY[125]
* * * * *
[Page 13]
STOBBE-DETHLEFFSEN:[126] Probably you have not understood me quite correctly. When I asked this question, I did not have in mind the projects of 600,000 and 800,000 square meters,
(SAUR: But I did!)
but the original 60,000 square meter works. I now ask: shall these 60,000 square meter works now be simply cancelled in consideration of the big works, and are they no longer to be taken into consideration? This seems hazardous to me because we must make the following distinction. The construction capacity of underground works in mountains and caves is entirely different from the one to be reckoned with at such concrete works. It is available for concrete works and consequently it should be used. It was not as if we had to go into caves or worm ourselves into the mountain. The question of the big works is a very difficult one for us from the point of view of capacity. It alone requires another 25,000 workers. We reckon already now 100,000 men for the tasks of the Jaegerstab. To switch to some other work would constitute an inroad of unheard of proportions into the remaining armament economy.[127]
(SAUR: 100,000 without Kammler!)
Including the manpower we give Kammler, but without the people from concentration camps!
* * * * *
MILCH: We have been ordered to carry out these two construction projects by the Fuehrer. If I now take a higher compression ratio and thus attain much higher figures, even this higher figure would not prevent us from having to deal with further shifting afterwards, besides concrete works and cave works, smaller caves, tunnels, etc. It is now doubtless correct to ascertain: (1) What has to be constructed, (2) for whom it has to be constructed, (3) where it has to be constructed. We have to distribute it in such a way that we can efficiently cope with manpower and all the other questions, power, transportation, etc.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-365 DEFENSE EXHIBIT 15
EXTRACT FROM THE STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE, 12 APRIL 1944
_STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE_ _PRESIDED OVER BY HAUPTDIENSTLEITER_ _SAUR, LATER ON PRESIDED OVER BY FIELD_ _MARSHAL MILCH, ON WEDNESDAY, 12 APRIL_ _1944, 10 O’CLOCK IN THE REICH AIR MINISTRY_
* * * * *
SAUR: Please tell this to Schmelter. We are in an incredible situation as a result of lack of manpower. Here we are in the middle of the month already, and the 10,000 people allocated to us according to red slips have not arrived yet. A way must be found to assure priority for red-slip matters over all other allocations. Tell Herr Schmelter to contact Gauleiter Sauckel today. Going further than that, the discontinuation, transfer, or concentration of every other type of production must be brought about by us at once.
SCHAAF: The 4,000 people from Kahla!
LANGE: Schmelter’s people complain particularly because they have no means of making pressure demands to Sauckel which will also be complied with.
SAUR: Field Marshal, the best thing would be for you to approach Sauckel yourself since he is the man in charge of labor allocation.
MILCH: I shall tell him that the 10,000 red slips were not honored.
BALCKE: On that I can report that the requests were sent out on the 5th and that on the 11th they had not yet reached the labor offices. The way is long, it is true. Therefore it is not yet possible for the people to be employed.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-334[128] DEFENSE EXHIBIT 16
EXTRACTS FROM THE STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE, 25 APRIL 1944
_STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE_ _OF 25 APRIL 1944, 10 O’CLOCK IN THE_ _REICH AIR MINISTRY_
_PRESIDED OVER BY FIELD MARSHAL MILCH_
Herr Saur does not appear until towards the end of the meeting.
* * * * *
WEGENER: I have a question for Schmelter: Has the question of the _transfer of west European workers_ been settled?
WERNER: On this I can say that especially for the Bavarian Motor Works matters are particularly difficult because we can transfer only Russians and concentration camp inmates, and the staff used for supervision consists mostly of Belgians and Frenchmen.
* * * * *
KREUTZ: Mueller declared at one time—and he believed he could do it—that he would try and shift a part of the head personnel within the concern.
SCHAEDE: If you bring the French key personnel to Lorraine, I can guarantee you that they would run away within the shortest possible time. That must be told to the firm. Even now they do not return from their vacation.
MILCH: It will work only if we place these people into barracks. It is true we cannot treat them as prisoners of war; the outward appearance must be different, but in actual practice that is just what it must be.
SCHAEDE: I merely wanted to suggest to the firms to take along as few French people as possible so that they would not lose them altogether, and rather follow the system of Mueller.
MILCH: Exactly. And if then there are still some left one can say that this will be limited in terms of time, perhaps to several months, and that in return certain advantages will be granted to them because they will be subject to certain deprivation of their freedom.
* * * * *
MILCH: As early as today at noon, we may face the situation that Bavarian Motor Works at Allach is completely destroyed and that we have to get out. Then we cannot deal with things such as 200 or 300 French people who cannot come to Lorraine. That must be explained to the Fuehrer once more. Otherwise, I see no possibility for carrying through our assignment.
Personally, I am firmly convinced—after the conversations with the Fuehrer—that he will then consent provided it is done in a sensible way. The people must not sit together with the population and they must not be able to conspire. Nor should they have sufficient freedom of movement to be able to pass the green border line. Both of these things must be prevented.
In compensation for these restrictions we can, on the other hand, give these people something and make them happy—be it even only cigarettes.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-442[129] DEFENSE EXHIBIT 21
EXTRACT FROM THE STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE, 5 MAY 1944
_THE STENOGRAPHIC MINUTES OF THE JAEGERSTAB_ _CONFERENCE ON FRIDAY, 5 MAY 1944, 10 O’CLOCK_ _IN THE REICH AIR MINISTRY_
* * * * *
SCHMELTER: I was supposed to report on the employment of labor in the penal institutions.[130] The Minister of Justice has not yet forwarded the complete list of workers available in the penal institutions. I have made another inquiry. Dr. Schmelter (?) [sic] has appointed Attorney Karl as special official in charge. He is the liaison to the Reich Ministry of Justice. * * *
HEYNE: Such conversations have taken place. They do not get us anywhere. The thing we need is a listing of all localities showing how large a number of prisoners are yet available there. Then we must see whether they are required there. Herr Schmelter planned to concentrate the skilled workers in those spots. There are only 2-3 percent skilled workers in all among all prisoners. That is too little.
MILCH: I suggest you are going to submit to me today a letter to Thierack, to wit: Taking into consideration the extraordinary urgency of the work in connection with the Jaegerstab we need this assistance. We have failed for a long time unfortunately to obtain the compilation from the authorities concerned. We need such and such data. I ask him to concern himself personally with the matter and to let us have the material in the very near future.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-336[131] DEFENSE EXHIBIT 23
EXCERPTS FROM THE STENOGRAPHIC MINUTES OF THE JAEGERSTAB CONFERENCE ON FRIDAY, 26 MAY 1944, AT 10 O’CLOCK
* * * * *
(Minister Speer and Field Marshal Milch entering.)
MILCH: I welcome our Minister Speer for the first time in the circle of the Jaegerstab, and would like to express my special happiness and at the same time yours, that you, dear Speer, are again with us, well, cheerful, and in the old creative spirit.
This machinery, created by your orders, accomplished excellent things in the three months of its existence. It has made special efforts to bring the production of fighters and all that goes with them to a high level.
* * * * *
SCHMELTER: The reports of the board of examiners show that a larger number could be deducted from the plants belonging to the Luftwaffe if one succeeds in establishing joint direction for the department of plane construction, the technical plant groups and companies. Up to now they exist separately under three different commands and leaderships, and that would make it possible to deduct more workers. The board of examiners thinks that hundreds of laborers could be deducted if a single command would be established. This must be done by Field Marshal Milch.
MILCH: The Quartermaster General to whom all are subordinate! No one is subordinate to me.
* * * * *
(SCHMELTER: Probably they will work in plants where people do not work for 72 hours.)
Isn’t it possible—to avoid injustice toward our workers—to have our other plants work too, not all of them for 72 hours, but perhaps up to 64 hours? That should suffice if all would do it.
SCHMELTER: I prepared already for the conference of the chiefs of the various offices the suggestion that working hours in civilian production should be increased. There are still many production plants working only 48 hours.
MILCH: Then one can equalize and we need not work all the time for 72 hours.
* * * * *
EXTRACTS OF TESTIMONY OF DEFENSE WITNESS FRITZ SCHMELTER[132]
_DIRECT EXAMINATION_
[Tr. pp. 717-734]
DR. BERGOLD: Witness, will you give us your first name and your last name?
WITNESS SCHMELTER: Fritz Schmelter.
Q. When were you born?
A. On the first of March 1904.
Q. What was your position at the end of the war?
A. At the end of the war, I was Central Department Manager at the Ministry of Armament.
* * * * *
Q. Thank you. Witness, when and in what position did you have to do official business with the defendant?
A. I had some dealings with him on official business after 1944 when I became Chief of the Amtsgruppeneinsatz in the Ministry of Armament. I saw him again after the Jaegerstab was formed, that is, after March 1944.
Q. In your position in the Ministry of Armament, did you have anything to do with the Central Planning Board?
A. I had something to do with them insofar as the chief of staff of the armament office was concerned. He was my chief. I had to write down the necessary figures concerning labor assignments when I accompanied him to certain sessions of the Central Planning Board as assistant.
Q. What month was that, approximately?
A. As far as I can remember the first session in which I participated was in February or March 1944. I did not always participate in these sessions, only in a few of them when I accompanied the man I mentioned before.
Q. Did the sessions of February and March 1944 deal with labor assignments?
A. Yes.
Q. During these conferences, were they trying to clear the numbers or the figures which were announced by Sauckel?
A. In one of the conferences I remember they wanted to make Sauckel a proposal concerning the distribution of labor he wanted to provide. I remember that the Central Planning Board had a written proposal submitted to him concerning requests about labor assignments. Sauckel said that he would acknowledge this proposal but would take care of the distribution personally.
Q. Did they, during these sessions, try to find out whether the numbers and figures Sauckel reported were correct? If he mentioned figures which were too high, did they speak about those matters in this conference?
A. I do not remember that day. But I know that in various conferences the question of reliability of the figures played a great part. There was always a difference between the figures Sauckel reported and those Speer reported.
Q. Did this apply to figures which Sauckel mentioned as having already been brought in or did it apply to figures on labor still to come?
A. That applied particularly to the numbers of laborers who had already been brought. It was not possible to try to control the number of laborers wanted because it was only something that was being planned, nothing else.
Q. That is correct, but from previous experiences, weren’t they in a position to find out that Sauckel’s promises were not being kept?
A. At the time they doubted that the figures which Sauckel reported could ever be brought in.
* * * * *
Q. Is it correct that in your position, as a member of the Speer ministry, or in your capacity as a member of the Todt Organization, you very often participated in the staff meetings of Sauckel?
A. Every month Sauckel would call such a staff meeting where representatives of the most important labor assignment ministries took part. I almost always participated in those meetings.
Q. What other ministries apart from the Ministry of Armaments participated in those conferences?
A. The Air Ministry, the OKW, the Ministry of Economics, the Agricultural Ministry, and I do not think I can remember anything further.
* * * * *
Q. Did the defendant Milch ever participate in those sessions?
A. No. Those were conferences in which the experts of the ministries took part; not the leaders and not their representatives, either.
Q. Who was the chief of the Air Ministry?
A. Goering.
Q. At these staff conferences, did Sauckel ever make any statements saying he brought the laborers voluntarily to the Reich?
A. I remember that Sauckel repeatedly said approximately the following:
“They say that I am forcing laborers to come to Germany. Once somebody said I went to foreign countries with a lasso and caught people and brought them over to Germany. They said I forced them to come to Germany.”
Furthermore, he said:
“I declare all those things are not true. The laborers are brought to Germany by me on the basis of contracts with other governments, as far as there are governments in those occupied territories, or on the orders of the local military commanders or other local German agencies.”
He asked us to tell our superiors his opinion on that question.
* * * * *
Q. Is it known to you that there was an agreement with the French Government according to which one prisoner of war would be released to France for two laborers.
A. Yes.
Q. Is it known to you that the French workers during their activity in Germany got leave once in a while?
A. Yes.
Q. A leave to France?
A. Yes.
Q. Did they ever return from their leave or did they just stay there?
A. The greater part came back from their leave; quite a number did not come back. Part of the laborers who went on leave did not come back. Some of them came back.
Q. Was that the larger part that came back or the smaller part?
A. I did not hear any figures concerning that. As far as I know the greatest of them came back. According to the factory manager, the larger part always came back, but of course I have no exact figures.
* * * * *
Q. Witness, you then joined the Jaegerstab. Do you know anything about the creation of the Jaegerstab?
A. Approximately on the first of March, I do not remember the exact date, I was asked by my chief of staff to go to the Air Ministry where Milch and Mr. Saur were present. He said the air armament was so badly damaged by the air raids that there had to be a fighter program. For that purpose a staff needed to be developed to hold daily conferences which would be necessary in order to increase the fighter production or at least bring it to the same level that it used to be. A number of gentlemen from air as well as from the armament industry were designated to participate in these sessions and to report to their offices what had taken place and put orders into effect.
As a representative of the Armament Ministry, I was assigned to labor assignment. Later on I heard that this Jaegerstab was under the management of Speer and Milch and that Saur was the manager of the Jaegerstab. Later on there were conferences almost daily, first at the Air Ministry and later on at a barracks at the Tempelhof, near Berlin. They dealt, first of all, with the production of the fighters and with all the questions in connection with the fighters and also with labor assignment.
Q. Who directed these conferences?
A. At the beginning Milch participated almost regularly in those sessions and he was the one that actually led or presided over the conferences; formally, that is, Mr. Saur was the speaker most of the time. Mr. Speer very seldom, according to my recollection perhaps three of four times, participated in those sessions, which on those particular days were transferred to the Armament Ministry.
Q. You just said that Milch at the beginning had the formal leadership. From what time on did that cease?
A. After the transfer into the Armament Ministry, or rather, into the Caserne at Tempelhof—I don’t remember the date—Milch did not participate as regularly as he did before. At those conferences, after the transfer of the fighter staff into the Armament Ministry, he only participated once or never.
* * * * *
Q. Witness, concerning the conferences of the staff, there were always verbatim records taken. Is that known to you?
A. Yes.
Q. Apart from those minutes, were any other minutes taken?
A. Yes. An extract of the verbatim record—I want to call it a “result record”—was compiled and these records were sent to all of the offices which were interested in those conferences. Those verbatim records which were taken down by stenographers during the session, according to my knowledge, were sent only to Mr. Speer, and of course they remained with both Saur and Milch. In other words, very few copies were made.
Q. Were these verbatim records ever controlled?
A. No, I don’t think so. I don’t believe that the large records were read or checked by someone else.
Q. Can one say then that the decisions of the Jaegerstab were contained in the records?
A. Not only the decisions but also the more important deliberations that took place. However, when decisions were made, then they were included in the result records.
Q. During these conferences did it ever occur that the participants were not always present?
A. That happened very often because the sessions lasted for a long time and it happened many times that I, for instance, was called out and ordered to take care of my business, at least by telephone, and the members of the Jaegerstab themselves did not always participate in the conferences, but later on—that is, from May on—they had representatives or deputies replace them.
Q. Did those sessions often result in individual discussions?
A. That happened once in a while, particularly when technical questions were discussed where very few experts could say something.
Q. I shall now proceed to the labor assignment within the Jaegerstab. How did the Jaegerstab deal with questions of labor assignment?
A. Along with all the production discussions of other programs, labor assignment questions were discussed at the sessions of the Jaegerstab. I had the task, concerning these labor assignment questions, to pass them through my office chief and so far as the tasks I had with the Jaegerstab overlapped my other duties and tasks with other organizations; in other words, if you want to know exactly or if you want to have a detailed description of what my tasks were in general—
Q. I want to know what you had to do with the labor assignment of the Jaegerstab and what was your main task there; otherwise, we will be here about an hour or so.
A. Among other things, we had the task, on the basis of the reports of the various factories which came over the Armament Inspectorates to me, to write up a proposal how those red slips were to be distributed on each individual production. In the Jaegerstab, I also had the task to distribute those red slips in such a way that the most important factories would get the necessary number of red slips. The red slips were orders to the labor assignment offices or agencies of Speer; in other words, to the Armament Inspectorates and to the armament commandos, and were given from Sauckel to his labor assignment agencies which were to provide preferentially the necessary amount of workers on the basis of those red slips. I furthermore had the task to take care of transfers of laborers who already were in the armament industry by giving respective orders to my agency and requesting Sauckel to carry out the transfer. Since in the fighter production, the question, in the first place, concerned skilled workers only; transfers of this kind were carried out. Skilled workers were no longer assigned to us by Sauckel in 1944. My main activity, therefore, concerned transfers from one of the industries to the other, and as regards the Jaegerstab, in transfers from the destroyed bomber factories or from other aircraft types to the fighter factories which were working full time.
I finally had the task to deal with deliveries of armament to the Wehrmacht soldiers and I had to take care of those. In 1944, through several actions, many laborers were withdrawn from the armament industry and delivered to the army. That concerned particularly skilled workers. It was my task then, together with those responsible for the production, to take care of the distribution in such a manner that the armament industry be hampered as little as possible in their production.
Q. Is it known to you that Milch tried to see to it that no one from the fighter factories had to go to the Wehrmacht?
A. Yes, from all the factories, and particularly from the fighter factories, they tried to send as few laborers as possible to the army. At the beginning, in the early days of the Jaegerstab—in other words, in the months of March and April, approximately—we tried to relieve the fighter program from delivering laborers to the Wehrmacht. Later on, this was very difficult. I know, however, that Milch tried his very best to give as few people as possible to the Wehrmacht from Jaegerstab production, that is, of the Jaegerstab factories.
Q. Witness, you just said that, concerning the request for assignment of workers, you made suggestions to Sauckel. In these meetings there is a statement by Saur that says, “We take care of the labor assignment.” What is correct now? Did you just request them or did the Jaegerstab actually take care of the assignment?
A. The Jaegerstab was not able to give orders to offices which did not belong to the Speer Ministry or to the Air Ministry. In Jaegerstab, very often Saur and perhaps Milch—I can’t remember, concerning Milch—used such words. In reality, however, it was quite different. I appeared at Sauckel’s and I was ordered to tell him about the creation of the Jaegerstab and its importance concerning the fighter production, with the request that when labor was distributed, the Jaegerstab production should be considered in first place. An order to Sauckel was never given by me and I am sure that Sauckel would certainly not have followed my request, particularly as he always and repeatedly stressed the point that he was independent and was responsible only to the leader of the Four Year Plan and Hitler.
Q. When Saur made such a statement, “We take care of the labor assignment,” why do you think he said that?
A. Well, once in a while such strong words were used. I never took this statement very seriously and I didn’t react to it because I knew exactly that nothing would happen afterwards, and nothing really happened. I was sure that the labor assignment should have been taken care of by the Jaegerstab, but it was impossible to take care of that for one single production. Everyone who had something to do with labor assignment could understand that.
Q. Witness, you just spoke concerning boasting remarks. Is it known to you that Milch often used such strongly exaggerated boasting remarks during these meetings?
A. I don’t remember single statements made by Milch but I am sure that they occurred. What I wanted to say now is that it appeared to me that Milch very often, particularly concerning the industry and his own generals, wanted to boast in order to play the strong man. I believe, however, that these statements did not always make the impression he wished to create.
Q. Do you mean to say that they were not taken seriously?
A. Well, not quite seriously, anyway.
Q. Were you present during the conference of the Jaegerstab where Milch made a long speech to the air force engineers and the quartermaster chiefs?
A. I was there part of the time. I remember now. That was the session which took place in the Air Ministry—there were 100 people there at the time, and I have to remind you of the fact that I wasn’t present during all those conferences.
* * * * *
Q. Witness, the prosecution introduced a document during the trial where Goering gives Himmler a fighter group in exchange for the use of concentration camp inmates which were put at the disposal of the air force armament. Do you know anything about that?
A. What fighter group do you mean?
Q. I mean a squadron—a whole squadron was placed at the disposal of the SS, and Goering wanted to have concentration camp inmates from the SS. Do you remember anything about that? It was on the 15th of February 1944.
A. I can’t remember that exactly. Goering, that is the Luftwaffe, put a great number of soldiers at his disposal for immediate production. They got their leave. But if there ever was such an exchange of concentration camp inmates, I do not know today anymore. It could be possible; however, I can’t tell for sure.
Q. Witness, is it known to you that in the Jaegerstab they were often transferred from the construction sector of the Plenipotentiary for chemistry?
A. No. In any case, I don’t know that this was done to a considerable extent. It is possible that it also was said during my presence that the Plenipotentiary for chemical industry had too many workers in the construction sector and a few of them had to be transferred; lots of complaints were made. However, I can’t remember anything concrete.
Q. Witness, can you remember that Milch tried to be able to free certain engineers from Hitler who were working in Berchtesgaden?
A. I believe I can remember that. The question of engineers was discussed very often because this was a big bottleneck in the construction sector. I remember also that, concerning the construction works in Berchtesgaden, it was discussed in this connection and that one hoped to be able to get not only engineers but other skilled workers from the construction works carried out in Berchtesgaden for Hitler.
* * * * *
Q. Witness, is it known to you that the use of concentration camp inmates was carried out in closed groups?
A. Yes, as far as the SS used concentration camp inmates, outside of their own factories, this was obviously only done in larger groups of about 500 to 1,000.
Q. Is it possible that during constructions a few miners or engineers were concentration camp inmates?
A. When the rest of the workers were not concentration camp inmates, then, according to the regulations of the SS, personally, I don’t believe that there were certain concentration camp inmates in there, and I don’t know of any such cases. I know that the SS always required that the concentration camp inmates be taken in large numbers and that they should be assigned in groups and billeted in groups.
Q. In other words, is it possible that the SS also used people of their own as miners, apart from those concentration camp inmates?
A. I couldn’t tell you, because I did not know the situation with the SS. However, that is possible.
* * * * *
Q. The question was: If the SS ever used miners from their own ranks and if they trained them?
A. No. I don’t know anything about that either.
Q. Do you know if the SS had a miners’ school?
A. No. I don’t know that either. I never heard of any miners’ school. The miners learned by experience.
* * * * *
[Tr. pp. 743-759]
Q. What do you know about labor utilization of English and American prisoners of war? That is to say, Americans and British who were captured in Germany?
A. In 1944, that is to say, in my time, no new prisoners of war were used because we didn’t capture any more. So far as I know, British and American prisoners of war were not used in armament factories. Repeatedly, proposals in this direction were made also in the case of noncoms and officers. In the case of officers—it was Polish officers, if I recall, no change in the regulations was made, so far as I recall. Instructions were transmitted to the OKW, but I do not know if anything came of them.
Q. I come now to your two sworn affidavits of 19 November 1946; Prosecution Exhibit 76 is a sworn affidavit of yours of that date. NOKW-266, dated 19 November, * * *.
* * * * *
Q. Did you know that in 1944, in order to protect the aircraft industry, underground and protected factories were built?
A. Yes.
Q. You know who gave the original order for this?
A. So far as I know, the order for this relocation of industries in subterranean plants was given by the Jaegerstab itself. I was not competent in this matter, but naturally I took part in the discussion of the Jaegerstab and heard it there. I heard that it was decided that a bombed-out factory should be relocated to a different place which the Jaegerstab would determine.
Q. That’s no answer to my question. Witness, I asked: Who gave the original order for the construction of these subterranean factories? Do you know that?
A. If I may repeat; you want to know who ordered in the first place that these plants should be transferred to subterranean factories? That I do not know.
Q. Do you know Herr Kammler?
A. Yes.
Q. Do you know from whom he received the order to construct these special subterranean factories?
A. Here again I do not know precisely who gave him the original order. In any event, at the first beginning of the Jaegerstab, Kammler became a member and was commissioned to undertake the construction of subterranean buildings for Jaegerstab protection. The Jaegerstab pointed out to him individual objectives and he reported from time to time how many square meters were now ready. But who first originally gave these orders to Kammler, whether it was Himmler or Hitler or some agreement or something like that, I don’t know.
Q. Was Kammler commissioned into the Jaegerstab because of an order of Himmler or because of some special order elsewhere?
A. I am not able to say. I assume that Himmler also gave him an order. The individual orders, what he was to build, he received from the Jaegerstab.
* * * * *
Q. Did Kammler, within the Jaegerstab, represent Himmler?
A. I do not know his powers or his functions and I cannot say. He was in the construction sector. That I know, but Himmler had charge of more things than construction.
* * * * *
PRESIDING JUDGE TOMS: Will you try to answer these questions as simply and briefly as you can? Were Russian prisoners of war used in the armament industry?
WITNESS SCHMELTER: In the armaments plant Russian prisoners of war were also employed. At what they were employed, I do not know, since they were already there when I came and I did not myself inspect the plants.
Q. Did you ever see Russian prisoners of war either manufacturing or transporting munitions of war?
A. In plants and in transports? No. Neither in plants nor in transports did I see Russian prisoners of war.
Q. That question is perfectly clear and you understand it?
A. I shall repeat it. I was asked whether these prisoners of war worked—whether I saw them in plants or in transport.
Q. That’s right.
A. And I answered in the negative.
Q. Were Russian prisoners of war used in the decentralization of the Luftwaffe after the heavy bombings?
A. Not that I know of. So far as I know, after the heavy bombings Russian prisoners of war were no longer available. They had already been assigned elsewhere. I do know that after the heavy bombings, that is, in the year 1944, new Russian prisoners of war were not used in armaments or in the bombed out factories. It is, of course, possible that the local labor offices used Russian prisoners of war for this purpose, but we in the central offices knew nothing of this.
Q. Will you answer the same questions as to Polish prisoners of war?
A. So far as I know, Polish prisoners of war consisted solely of officers. Only officers were available. The others had been freed. The officers, however, in contradiction to many wishes that were expressed, were not used. At least if they were, I know nothing of it.
Q. Will you answer the same questions as to Hungarian Jews?
A. Hungarian Jews, among other things, were used in the construction of fighters—fighter planes. Female Hungarian Jews were also used in the actual construction of fighter planes.
Q. Were they voluntary workers?
A. No. Those were inmates of concentration camps, prisoners at the disposal of the SS.
Q. So the Hungarian Jews who were employed in the manufacture of fighter planes were forced to work in that connection?
A. The Hungarian Jews, so far as I recall, were offered by the SS to be employed in armament production. At first there were 1,000 of them or 500 who were employed. Then a number of plants said that they wanted such workers and they were then allotted by the SS to these plants and there they were obliged to work.
Q. Then the SS, which was one branch of the German military establishment simply dealt out the Hungarian Jews to anybody who needed them?
A. No. The Hungarian Jews, like all concentration camp inmates, were housed in camps that were either in or near the plants and which were constructed by the SS. They were then taken to work every day, and after the work they were again brought back by the SS to the camps. Also, the supervision of the work, for security reasons, was carried out by the SS. So far as the technical side of it was concerned, it was carried out by the representatives of the plant.
Q. Of course you don’t claim they were paid for their work?
A. That I do not know. I only know the general regulations concerning concentration camp prisoners, and I know them in part. I know that these prisoners, at least toward the end, also received some sort of wages. What the payment was, I do not know. I do know that the plant had to give the SS a certain amount for each prisoner, but what the prisoner himself received, I do not know.
Q. Do you know whether these Hungarian Jews worked through any contract with a foreign government, as was the case in France?
A. Let me repeat the question whether Hungarian Jews worked on the basis of an agreement with a foreign power—foreign government. Was that the question?
Q. Yes.
A. Not that I know of.
Q. I have no other questions. One more question please. You said that you know that Russian prisoners of war were working in the armament factories but you didn’t know what kind of work they were doing.
A. Yes.
Q. Did you ever see them in any of the factories?
A. No.
Q. What do you think they were doing?
A. I guess some of them were engaged in construction. So far as skilled workers were concerned they were certainly working at tasks that they were qualified to do. So far as they were unskilled workers they might have been doing almost anything.
Q. If they were working in munitions factories they were doing something to manufacture munitions, were they not?
A. If they worked in munitions factories then they must, of course, have had something to do with manufacturing munitions. Even if they only worked in the courtyard, or something like that, they still had something to do with the manufacture of munitions.
* * * * *
JUDGE PHILLIPS: Witness, did you ever know of any prisoners of war, especially Russians, being used to man antiaircraft guns?
A. In the construction or in the use of the antiaircraft?
Q. In the use of antiaircraft.
A. Yes, I have heard of that. I heard that Russian prisoners of war were used to man antiaircraft guns of that sort.
Q. Do you have any idea how many were used for that purpose?
A. No, I don’t.
Q. Did you ever see them being used for that purpose?
A. No.
Q. On what fronts were they used?
A. I believe they were used on the home front, not on the actual battle front, but that is simply my opinion.
Q. Against American planes, British planes, and Russian planes?
A. They shot at whatever planes were over Germany.
* * * * *
DR. BERGOLD: Witness, you spoke of female Jews. When were these female Jews employed?
A. I do not know the precise date. It was the summer of 1944. In my estimation, it must have been May.
Q. Let me show you Document NOKW-359, Prosecution Exhibit 75. It is the next to the last document of the prosecution, Stenographic Minutes of the Jaegerstab Meeting of 27 June 1944. You said: “I have a few more points. Up until now 12,000 female concentration camp internees, Jewesses, have been demanded. The matter is now in order. The SS has agreed to deliver these Hungarian Jewesses in batches of 500. Thus the smaller firms, too, will be in a better position to employ these concentration camp Jewesses. I request that these people should be ordered in batches of 500.”
Is this the point from when onward these females were used?
A. Yes. It must have been about this time. The difficulty was the following: The SS demanded that the females should be delivered in batches of thousands only. Most factories could not use such a large number of females. Consequently, the SS was asked if it could not deliver them in smaller groups. That is the reason.
Q. Witness, is there a difference between the concept of “Ruestungsfabrik”, which means armament factory, and “Munitionsfabrik”, which means a munitions factory? Is there a difference in Germany?
A. “Ruestungsfabrik” took care of all sorts of armament production, materials, finishing up the deliveries and so on and so forth. “Munitionsfabrik” is the narrower concept and contents itself with the manufacture of munitions only.
Q. Did the “Munitionsfabrik” belong inside the concept of “Luftruestung”, air armament?
A. So far as the “Luftruestung” is concerned, they did, yes. The limitation of these concepts was not, however, uniform. Unfortunately, we had very few uniform concepts. They were often misused.
Q. Were factories that made sheet metal and so on, armament factories? Did they fall under the concept of armaments?
A. They did, yes.
DR. BERGOLD: Thank you.
* * * * *
_CROSS-EXAMINATION_
MR. DENNEY: In one of these interrogations, on 30 December 1946, you were asked what the Jaegerstab did to bring workers from Hungary into Germany; do you recall that?
A. Yes.
Q. And do you recall that you made reference to certain trips of the Jaegerstab to Hungary?
A. Yes.
Q. You made this statement: “The Jaegerstab, during its existence, made at least a total of 10 to 12 trips”?
A. Yes.
* * * * *
Q. All right. You were asked this question: “Who was in charge of these trips?” And your answer was: “So far as I remember, it was Milch. Milch participated in most trips of the Jaegerstab.”
A. In most of them, yes.
Q. In the same interrogation on 30 December, the record indicates that you made this statement: “I know about 100,000 workers from Hungary; however, these were Jews who were allocated to construction. I know nothing about 8,000 workers who evidently were skilled workers, intended for the fighter production program.”
A. Yes.
Q. You were then asked: “Is it known to you that these 100,000 Jews were used by Todt in the interests of the Jaegerstab?” and you made the following answer: “Yes, that is known to me.”
A. Yes.
Q. You were interrogated on 24 January and asked this question: “Do you know whether the Luftwaffe, in the Luftwaffe industry, used concentration camp prisoners, not in the building program, but for production?” and your answer was: “I don’t know. I don’t think so, except for women. The SS once offered us a lot of women. The difficulty was that, at first, at least 1,000 and later 500 were to be employed. Various firms got women after that, and I think that Heinkel, in Oranienburg, used concentration camp prisoners, not only women, but all the inmates.”
A. Yes.
Q. The answer was yes, if your Honor please. And Heinkel was an airplane factory, was it not, producing the Heinkel plane?
A. Yes.
Q. On November 15, of last year, you were asked if you knew that Himmler used concentration camp inmates for the underground buildings of the Jaegerstab, and your answer: “Yes. You mean the finished buildings, do you not?” And then you were asked: “The underground ones, the completion of the existing caverns or tunnels, or the like, where concentration camp inmates were employed?” and your answer: “Yes.”
A. Yes.
Q. And you were also asked: “Were these constructions built in the interest of the Luftwaffe?” Your answer: “These new constructions? Yes.”
A. Yes.
Q. The next question: “Exclusively in the interest of the Luftwaffe? And did the orders for the new constructions come from the Jaegerstab?” Answer: “Whether other constructions were also built there? Probably, yes.” Question: “I am only interested in the Luftwaffe.” Answer: “Also for the Luftwaffe. I do not know whether for others. I would not like to pin myself down.”
A. Yes.
Q. Later you were asked: “Do you know that prisoners of war were at all employed in air armament?” and you stated: “Yes, I should like to say, the armament plants. The air armament also employed prisoners of war in its plants.”
A. Yes.
* * * * *
Q. In reply to a question: “What was Field Marshal Milch’s position in the Jaegerstab?” you stated, “There were two chairmen in the Jaegerstab, Speer and Milch. In the first session, or rather in most of the sessions, Milch participated personally; Speer did not. Speer was present only in exceptional cases. In his position, Saur, who was at the same time manager, initiated the contact with the rest of the armament industry. Milch was Chief of the Jaegerstab, besides Speer.”
A. Yes.
Q. In the same interrogation of 15 November you made the following statement: “Assignment of labor was involved in every question including every question of production.”
A. Yes.
Q. On 26 November you made the following statement when you were interrogated: “Mobilization of manpower as a matter which is closely connected with production was very much discussed. Everybody had a word to say, had a request for something and they suggested or said I could do better, etc.”
A. Yes.
* * * * *
_REDIRECT EXAMINATION_
DR. BERGOLD: Witness, as to the trip to Hungary, were you present when the committee went to Hungary?
A. No, I traveled only as far as Prague and returned.
Q. Do you know the purpose of this trip to Hungary?
A. Not precisely. I know that there was a question of production to take place in Hungary, but precise information I do not have.
Q. Do you know that there was a definite contract with Hungary?
A. I heard about that subsequently.
Q. Did you then hear that this trip had the purpose of bringing Hungarian Jews to Germany?
A. No.
Q. Thank you. The prosecutor spoke to you of 100,000 Jews. Did you know that these were to be used by Mr. Dorsch?
A. Yes.
Q. And, as far as the tasks that he had, mainly for the construction of bombproof factories?
A. Yes.
Q. Do you know whether the Jaegerstab ordered these 100,000 Jews or whether somebody else did?
A. The employment of these 100,000 Jews in this construction organization took place on Hitler’s orders. I, myself, was not present at this discussion. Dorsch, however, was present and told me that Hitler had ordered—had said Himmler had 100,000 Jews for bombproof factories and was to make them available.
Q. Do you know whether and in what number and when these Jews arrived to carry out this construction work?
A. I do not know precisely the dates. It was in the summer of 1944. Nor do I know whether all of them arrived. Once I concerned myself with the question regarding the guarding of these people. At that time the SS did not have enough guard personnel and Hitler ordered Keitel to provide 10,000 soldiers which were to be withdrawn from the eastern front and to make them available to the SS so that they, the SS, would have the necessary guard personnel. Thereafter, I heard nothing further about the matter and assumed that the Jews for the most part were employed. I deduced this from the fact that I otherwise should have heard of it probably.
Q. I discussed just yesterday with you whether these buildings were ordered by the Jaegerstab. I do not need to return to that question. Were these constructions used exclusively by the Jaegerstab or for other advantages, such as armored cars?
A. Originally they were exclusively planned for fighter construction but I do recall that, as time went on, there were also discussions of using them for other manufacture, for instance, tanks, and this construction was to take place in these buildings. Since, however, I had nothing to do with this professionally, I can only report on this from hearsay. In other words, I know nothing precisely.
Q. The prosecutor quoted to you a statement of yours from an interrogation; I shall ask you now did you make the statement in the interrogation that Milch was responsible in air armament to seek out workers individually?
A. I don’t know how I should understand the word “seek out”; if you mean that he went to foreign countries and searched for them personally, then of course that is wrong. I did state in that interrogation that during my activity in the Jaegerstab in March 1944 no individual actions in foreign countries were carried out by Milch or the Jaegerstab. The manpower was provided by Sauckel exclusively, or to the extent that they were prisoners by the SS, or prisoners of war by the Wehrmacht.
Q. And then they were transferred, as you said yesterday, to other sectors?
A. Yes.
Q. You also said in this interrogation that in most of the meetings Milch was present.
A. At the beginning, I said.
DR. BERGOLD: I have no further questions.
EXTRACTS OF TESTIMONY OF DEFENSE WITNESS XAVER DORSCH[133]
_DIRECT EXAMINATION_
[Tr. p. 1361-1379]
DR. BERGOLD: Please state to the Court your first and last name?
WITNESS DORSCH: Xaver Dorsch.
Q. When were you born?
A. 28 December 1899.
Q. What was your last position in the German Reich?
A. I was Deputy Chief of the Todt Organization, in the Speer Ministry.
Q. On the 28th of December 1946 you signed an affidavit?
A. Yes, sir.
DR. BERGOLD: Your Honor, this is Document NOKW-447, Prosecution Exhibit 74.
Q. Witness, you made the following statement:
“As deputy of Minister Speer in his capacity as Chief of the Todt Organization, I received from Hitler, at the end of April 1944, an order to construct with the Todt Organization six bombproof fighter factories, of which two should have priority.” Can you tell me about the history of this construction?
A. Yes, but I must go into detail.
Q. Proceed.
A. Approximately eight months before this date, I made a suggestion to Minister Speer about how bombproof fighter factories above ground could be built, in this way, not only to secure manufacture, but also so that they would be more secure against bomb damage while being built.
The source was that the Todt Organization in France was doing a similar construction job as a launching site for V-2 bombs. Speer told me that I should take the plans with me on my next visit to the Fuehrer’s Headquarters, and two weeks later I was with Speer, visiting Hitler, and after other matters had been discussed, and before going, Speer mentioned this matter and Hitler said: “We must absolutely achieve bombproof aircraft factories because there is danger that transportation might be attacked, and then we cannot make up the time we have lost.” Hitler wanted large-size, big scale units, in which planes and fighters could be protected from the beginning to the end, because he saw a danger in the fact that transportation could be attacked and interrupted, and then the different parts, if they were made in various factories, could not be assembled.
He said that he imagined the matter roughly as follows: In narrow mountain valleys in Saxonian Switzerland, for example, caves could be dug which would provide these bombproof factory installations. Then Speer said, “Dorsch or the Todt Organization has another suggestion.” Speer said that, and I then submitted to him my plans for the special Todt Organization construction, which, as I said, had already been built in France, and I also pointed out to him that such factories, even as they were being built, were relatively safe against bomb attack.
This was roughly eight months before this date in April on which this commission of which I spoke in my affidavit was given to me. Hitler said to me that it was a matter of indifference to him according to what system these things were built, but that it was important to him that something really serious should be done.
On the next day there was a discussion on the same theme with Goering. Speer’s representative Dethleffsen, as Plenipotentiary for construction matters, and the leader of the main committee for construction, Gaertner, were present. I had to explain again the thought behind this special construction which I was proposing. Goering was enthusiastic and said that that was the solution and that the Todt Organization should begin immediately with that construction. Thereupon Speer said, “The Todt Organization cannot build these factories because it builds only outside the Reich, with the exception of the Ruhr district, and in the Reich itself the Main Committee for Construction should carry out the construction,” and for that reason, he had called the two gentlemen I mentioned above. Goering also said that it was indifferent to him who built the factories, that the important thing was that they should be built soon.
In April of 1944, I was visiting Speer near Meran when a call came that I should immediately go to Hitler. Speer asked me if I had any idea what was afoot, but I did not. I immediately went to Berchtesgaden. There Hitler asked me, “What has become of your fighter production?” I told him that I did not know precisely, because in the Reich the Todt Organization did not do the constructing but another organization. He was greatly excited and said roughly, that he had heard enough about this other organization, that he did not want it, and he demanded that the Todt Organization should take over that construction immediately.
Then the plans were fetched overnight from Berlin. I explained the whole system to him once more. I told him that I could only carry out this construction if it were given priority above all other construction as far as workers, machines, building materials, trucks, and so on—whatever is needed in construction—were concerned. I was given assurances that that priority would be given me, and I then took over this construction project.
I was able to assure myself that the Hauptausschuss Bau—the Main Committee for Construction—which had been in charge before I took over had begun constructions at three locations. On one of these we immediately stopped work, because both architecturally and, as the Jaegerstab told me, technically the factory was no good.
Q. Witness, you then said that the wish to build these bombproof fighter factories by the Todt Organization was communicated to you by the Jaegerstab. What do you know about that personally?
A. I know the following: The Jaegerstab, as far as the entire work of the Plenipotentiary for construction was concerned, was not satisfied with the work. Saur complained continuously about how work dragged on and asked me repeatedly to step in and do something. He called me to his meetings in the Jaegerstab and asked me to develop further plans. I was called up continuously by other gentlemen. I remember Major Dr. Krohmer, who also asked me to step in, and again and again I had to say that that would not do because, I said the Todt Organization did not carry out construction in the Reich. I was pressed continuously by the Jaegerstab, because it was the organization that would benefit from these constructions.
Q. Do you know whether Milch went in that direction too, or only Saur?
A. That I cannot say. I did not speak about that to him myself. I did speak with Saur and a few other gentlemen—I believe with Schlempp who was later representative of the Todt Organization in the Jaegerstab.
Q. When was that first pressure on the part of Saur? Was that before March of 1944?
A. Yes. That was even earlier, but I cannot say precisely. It might have been in February even.
Q. Do you know whether Saur visited the Fuehrer on this matter?
A. I was not present, but I assumed that it must have been so. I cannot prove it, however.
Q. So. This afternoon you told me what you thought Milch’s function was in the Jaegerstab. You used a rather striking expression. Would you like to repeat it here?
A. I called him “the breakfast director”. I ask the defendant to pardon the expression. He shouldn’t hold it against me.
Q. What do you mean by this “breakfast director”?
A. Well, it is sort of difficult for me to tell that.
Q. Milch won’t be angry.
A. Well, I only saw him at a Jaegerstab meeting once, when he invited me and when he asked for the support of the Todt Organization. He explained to me the general situation. He told me what his worries and troubles were, but the real work, the whole functioning of the thing, I don’t believe he concerned himself with. That is why I used the expression “breakfast director,” but perhaps that was a little exaggerated.
Q. I quite understand. After the end of April 1944, when you were commissioned with these construction matters, what did you do?
A. As I told Hitler very exactly, I took Todt Organization units from France and from the Atlantic Wall.
Q. How many were there?
A. 2,000 or 3,000—I cannot remember.
Q. Your affidavit says 10,000.
A. No, that is incorrect. That cannot have been the number in France. The second time that I went to the Plenipotentiary General for chemistry, Prof. Krauch, and told him of the serious situation, and I finally brought him to the point of giving me 15,000 workers from his department.
Q. What workers were those?
A. First of all, in the Baltic States—that was a Todt Organization itself—I took away most of the German workers, and took some elsewhere as additional workers, engineers, experts of one sort or another, machinists. Then came the attack on Leuna on the 10th or 12th of May 1944. That was on the occasion of the first attack on Leuna. I had a talk with Hitler at that time. He said, “This cannot be tolerated—that, at the very moment when we are so in need of oil, workers are taken away from Leuna”.
I then answered him that, first of all, I had undertaken this measure before the air attack, and secondly, it was not a question of cutting down on oil production, but of oil capacity. Hitler took over and said, “No, that cannot be”. Then Speer said, “If we don’t get the workers, we can’t do the building”. Hitler said, “Quiet down, you will get 50,000 Italians,” and then I said, “I don’t believe that”, and I said that for the following reasons: We, the Todt Organization, had such workers from Italy for the construction program Riese in Silesia, but we did not do this via Sauckel but by applying to Italian firms to take over construction commissions in Germany, and then they automatically brought their workers, their directors and architects, and so on, with them particularly after we had assured them that we with our organization—that is to say, with the Todt Organization in Italy—would take care of paying wages, paying for the hospitalization fees, insurance, and so on, but at the moment when workers were fetched by Sauckel, I understood clearly that workers such as we needed would not be provided in any considerable numbers. At any rate, I told Hitler, “I do not believe in these Italian workers, and I won’t believe in them until they have crossed the Brenner Pass.” He then said to me, “You can believe in them because tomorrow Mussolini is signing an agreement that 1,000,000 workers will come to Germany.”
* * * If I may mention it, it is also worthy of mention, that in January, the beginning of January, I was at a conference with Hitler, or rather, I did not take part in it, but I knew of it. There, a new worker contingent was demanded, and in this conference Hitler himself named the number of 250,000 workers for the construction; for aircraft construction. In other words, it wasn’t Speer but Hitler who demanded those workers, especially, and it is possible—that, at any rate, is the way I construe it now—that he was thinking of these fighter plants. Then I asked Hitler to permit me to use 10,000 Todt Organization workers from Southern Russia. I must mention that here, because I did that as Speer’s representative with Hitler. I could not have said to Speer that he should give me these 10,000 workers. I had to do that through Hitler, because the commanders in chief, in this case the commander in chief of the army group in Southern Russia, were in charge of these people and they had to be released by them. Thereupon these 10,000 workers got under way toward Germany. However, they unfortunately arrived very slowly and some of them never got to the fighter plant, but were taken over by Speer to make ball bearings in Wellen, in Thuringia, and then, when no workers came, the plants were to be built by Hungarian Jews. I do not know precisely when it was, but I do remember an armaments conference in Linz—I guess it was about the middle of June or maybe later, but I can’t say for sure—and it was then that the first ones began to arrive.
Q. Were they approved by Hitler?
A. Yes.
Q. Witness, when you of the Todt Organization fetched Italians on your own initiative, were they volunteers or were they more or less forced labor?
A. Precisely in Italy, we had a remarkable achievement because as a matter of principle we turned to Italian firms, gave them commissions and they provided the workers. I believe I can say that the Todt Organization was known for taking model care of its workers. For instance, in Norway and Holland, the Dutch or Norwegian Todt worker received higher wages than the German Todt worker who was working right beside him. I could make extensive statements on that if I wanted to, or if I were given the opportunity.
Q. But that is not an answer to my question, whether they were volunteers or forced labor?
A. They were not forced. They were brought by their firms.
Q. Through the Italian firms?
A. Yes, that was the intention from the very beginning, so that the Italian firms could provide their trained and expert personnel to us, and, in this way, they were simply volunteers; they did much better work than if they were forced.
DR. BERGOLD: No further questions.
_CROSS-EXAMINATION_
MR. KING: Witness, you stated that Milch was only present at a few of the early meetings of the Jaegerstab. May I ask you—
A. What I said refers only to those meetings of the Jaegerstab at which I was present and that was perhaps four or five.
Q. Now, you said, in your affidavit, which has been submitted as a prosecution exhibit referred to by Dr. Bergold, that you received an order for the construction of fighter factories at the end of April 1944?
A. Yes.
Q. Do you recall being present at a conference at Berchtesgaden with Goering, among others, on the 19th of April 1944?
A. I cannot say whether that was the precise date, but I did take part in some such conference.
Q. Do you recall who was present at that conference?
A. Yes. Goering was there, Milch was there, the others I’m not sure about. Saur—I’m not sure he was there. I knew for sure that Milch and Goering were present, but as to the others I no longer recall.
Q. Do you recall what was discussed at this conference?
A. The construction of fighter plants was discussed then, and, if I remember, Goering pointed out that the Todt Organization was to receive all sorts of support but I do not remember the details at the moment.
Q. And a few days later, on 21 April 1944, you received the order from Hitler to build the six fighter plants?
A. Yes.
Q. Do you recall that possible sources of labor were discussed at this meeting? That is, labor for the construction of the fighter factories?
A. I should like to assume that, but I do not remember precisely. Probably all sorts of conditions and possibilities were discussed, but I cannot answer this precisely.
Q. You were discussing a large-scale construction; you must have known where this labor was to come from. Can you tell me what possible sources were discussed at that meeting?
A. I do not know whether or not that question was discussed at this conference. I assume that it was, but that was such a long time ago that it is impossible for me to recall these details. But I was clear in my own mind about that fact. That we needed so and so many workers was of course obvious. I did make the demand that this construction program should receive top priority and I stated previously that I wanted primarily German workers, which was then done, and in the sector of the Plenipotentiary General for chemistry I wanted to take some workers; that was the way in Germany that you got workers. Later, when we of the Todt Organization took over the construction program in Germany, we saw that a large number of construction offices had so little manpower that they had to stop production and there again we found workers. The whole situation was somewhat unclear because when we took over building these fighter factories, the entire construction was turned over to the Todt Organization, and no one could take the responsibility for such important constructions unless he could control the direction of the whole construction program, but, with the best will in the world, I can’t recall the details. There were so many conferences, one followed the other so rapidly, I do not any longer recall.
Q. Who was your representative at meetings of the Jaegerstab?
A. Schlempp, first of all; even before I was commissioned with this task, he was the technical adviser or expert on construction. Saur asked me at that time to regard him as the liaison man between the Todt Organization and the Jaegerstab. Then, about the middle of June, Schlempp became group leader of the unit in Prague, for which reason I provided one of my best men, namely, Knipping and I used him in what had previously been Schlempp’s capacity.
Q. Do you recall that Schlempp, and later Knipping, reported on the progress of it to the Jaegerstab?
A. I am convinced that they did, because that was their job.
* * * * *
Q. Now can you give me percentagewise the breakdown of this labor by groups, that is, prisoners of war labor, foreign labor, concentration camp labor, German labor?
A. That I could only do with the most general estimate, with vagueness. In the case of Kaufering, there were perhaps sixty percent from the concentration camps; however, prisoners of war, as far as I know, were not there at all. The rest must have been Germans. In Muehldorf, where the second factory was, the breakdown was roughly the same, but I really cannot say. I visited each one of these factories only twice. Because of the transportation situation of the Rhine bridges and the hydrogenation plant situation, I did not have the time to visit them.
Q. Now did you obtain any of this labor for the construction project? Do you recall obtaining any of this from Schmelter?
A. I take it that Hitler himself had approved these workers. Our request went to Schmelter, and he was working his own men in that Todt Organization, and in the Jaegerstab, and it was his job to settle the details when they should come, and what they should be paid, and such matters. That was Schmelter’s job, and Schmelter was told that this is a technical staff, and he knew that Hitler had approved the workers, and so it was his job to take care of the details, and to inform the Einsatzgruppe what it should do. I did not carry much of these things in detail after that.
Q. Now do you recall how large a construction was at Kaufering? I am speaking both at Kaufering I and Kaufering II?
A. You mean the technical construction?
Q. Yes.
A. There was one main hall in Kaufering I, three hundred meters long, ninety meters wide, with six stories. Kaufering II conducted production later, but everything was concentrated in Kaufering I.
Q. Do you recall how much of this construction was completed?
A. I should think three-fourths. At the last time I visited this construction shortly before the collapse, the machines were being set in on one side of the building, and that is as far as it went.
Q. And to whom was this plant allocated?
A. That I cannot say. In my opinion the Messerschmitt, but I must be careful in what I say here, because in the last week before the collapse there were negotiations with the armament staff. I cannot remember what that situation was in Kaufering, but in Muehldorf there was constant talk of putting Buna in there. That changed continuously, dependent on the war situation. Once Speer wanted to set up a steel foundry in the fighter factory in the Rhineland, which was later changed.
Q. Please answer the question. Now in these inspections at Kaufering, do you recall any Luftwaffe representatives who inspected these construction sites?
A. That I don’t know. I cannot say. A colonel of the Luftwaffe was there but in his capacity as representative of the armament commando or of an armament office.
Q. Now getting back to this meeting of 19 April 1944, do you recall that Speer was present there?
A. No.
Q. How were your relations with Speer at that time?
A. They were tense. Speer did not regard the Todt Organization as a sort of construction organization. To make a statement, I should have to go into great detail on this subject.
Q. I think that suffices. Now with regard to the recruitment of these fifty thousand Italians, which you discussed with Dr. Bergold, do you recall who was to handle the recruitment of those Italians for work in the Reich?
A. To be sure that I do not make any false statement, is it your concern who recruited the fifty thousand Italians that Hitler approved of?
Q. My concern is through what channel were these Italians that were promised Hitler by Mussolini, through what channels were they recruited?
A. That was to be taken care of by Sauckel, but through the Todt Organization, who had their office in Italy apply to Italian firms ultimately, and that was done through the Todt Organization office in Italy.
Q. Now with regard to these Italians, do you know what provision was made for the guarding of those that were to arrive, that is, en route?
A. Of that I know nothing, because they did not arrive. They were not watched, or guarded at all. They were free workers, there was no reason to guard them.
Q. Now, Witness, outside of Kaufering, can you tell me where and under what names these other fighter factories were to be located?
A. In Muehldorf, and then there was a factory in Vaihingen.
Q. Just a minute. Now with regard to Muehldorf, can you tell me what that was to be used for, who was it to be used by?
A. First it was thought of as a fighter factory, and then, a few weeks before the collapse, there was a conference of the armament gentlemen in Munich, at which it was agreed that it could be used for the manufacture of Buna; in other words, they changed their minds.
Q. What time did that conference at Munich take place?
A. That must have been about the end of March 1945.
Q. Now, with regard to Muehldorf, can you tell me where, primarily this labor was coming from?
A. These were Hungarian Jews. There were Germans there. Where they came from, that I don’t know.
Q. Well, now, with regard to these Hungarian Jews, can you tell me whether that was a result of a special action in Hungary?
A. I don’t believe so, but I don’t know. We were only told that we were going to receive Hungarian Jews. They were already in Germany, if I remember, but where they came from I don’t know because I didn’t concern myself with it.
Q. But you do recall that Hungarian Jews were used on that site?
A. Yes.
Q. Now, with regard to these other factories, we have covered Kaufering and Muehldorf, can you tell me the location of the others?
A. Vaihingen—that was a factory that was already under construction before the Todt Organization stepped in.
Q. Witness, where was that located?
A. V-a-i-h-i-n-g-e-n, and it is in Wuerttemberg.
Q. And how large was that construction?
A. It was a building about 100 meters by 60, four, five stories high.
Q. And do you recall what type of workers was used in that construction?
A. Concentration camp inmates, but I don’t know the number.
Q. And that was in Thuringia?
A. No, in Wuerttemberg.
Q. Now do you recall that any of these factories was to be located in the Protectorate?
A. One was to be erected there, yes, in the neighborhood of Prague but so far as I know they never got around to it. Perhaps the ground work was carried out and the machines were shipped there, but the factory itself was not actually built. Then there was to be another one in the Rhineland. I have already mentioned that.
Q. Witness, with regard to this factory in the Protectorate, can you give me the code name for that factory?
A. No, I don’t know it. It was about 50 kilometers north of Prague.
Q. And that was to be used by what company?
A. I can’t say, I don’t know.
Q. Can you give me any indication of the size of that factory?
A. The one north of Prague? Yes. That would have been about the same size as Kaufering, roughly, but, as I say, I really don’t know whether they got construction under way there.
Q. But you were to construct it?
A. Yes, it would have been done under my supervision, or under my direction. I was Speer’s representative and chief of the Todt Organization.
Q. But you don’t know how far along or whether construction was initiated there?
A. I cannot say for sure. I suppose that they started the construction, but so far as I know they really did not actually get this factory built.
Q. Now, with regard to this factory in the Rhineland, can you tell me where that was to be located?
A. I can’t remember the name any more. I was there once, and I can perhaps locate it on the map. It was west of the Rhine, 70 or 80 kilometers, but I can’t remember the name any longer. It was under construction, and then the construction was interrupted by military events, that is, about the time when the Americans entered the Rhineland on the Ruhr. Nor do I know whether concentration camp inmates were used there.
Q. Do you recall whether foreign labor was used?
A. In this factory? That I cannot say.
Q. You don’t recall constructing any factories for Wiener-Neustadt?
A. No.
Q. Or for the automobile works at Steyr, in Austria?
A. No.
Q. Focke-Wulf, in Bremen?
A. No, in Bremen we only built a U-boat factory.
Q. Do you recall constructing any factories for Heinkel?
A. That I don’t know. I wasn’t really interested in such questions, because I received the data from the Jaegerstab, and the Jaegerstab did the actual construction. The engineer of the Todt Organization built the house, and then the Jaegerstab took care of the rest. There were no discussions on my part with construction firms. Moreover, I didn’t even have time to carry out such things.
Q. But you got your labor through Schmelter, who was a member of the Jaegerstab?
A. Yes, he was a member of the Jaegerstab, and I have already said that he was also the leader of labor allocation in the Todt Organization. He was in charge. At first he was entirely within the Todt Organization, and then later he was what you might call the leader for the allocation of labor in Speer’s Ministry, and was in charge later of the allocation of labor in the Todt Organization. At the same time, he performed the same function in the Jaegerstab, so that automatically there was a connection between the Todt Organization and the Jaegerstab.
MR. KING: I have no further questions, your Honor.
_REDIRECT EXAMINATION_
DR. BERGOLD: Witness, I have one more question. When did these Hungarian Jews arrive at Muehldorf?
A. I do not know about Muehldorf, but I can recall that at Kaufering the first ones came—and here I must guess—at the end or the beginning of June 1944.
DR. BERGOLD: Thank you, I have no further questions.
MR. KING: I have one further question, if your Honor pleases.
DR. BERGOLD: I have just heard that the interpreter was inaccurate. The witness spoke of the end and the middle of June, and the interpreter said “the beginning of June”.
THE INTERPRETER: “The middle or the end of June” is what the witness said, but he is not sure about it.
_RE-CROSS-EXAMINATION_
MR. KING: Now, Witness, with respect to this construction at Kaufering, can you tell me when that was initiated?
A. In May of 1944 it must have begun, the beginning of May.
Q. And that was also true of the other fighter factories that you were to construct under the Hitler order?
A. Perhaps two weeks later the construction in Muehldorf began; the construction in Vaihingen that I mentioned before was already under way, and I took it over. The construction in the Rhineland started considerably later, it could have been perhaps at the end of June; Prague came along much later.
Q. Now, you say that you were at Kaufering on two separate occasions. Did you have any opportunity to—
A. (Interposing) I was in Kaufering three times. Do you want to know when? In May 1944; at the beginning of January 1945; and then once more just before the capitulation, perhaps two or three weeks before the capitulation.
Q. Do you recall anything about the conditions at Kaufering; that is, the conditions of labor?
A. I only saw the construction site. When I was in Munich, Niebermann, who was responsible for construction, told me that the Hungarian Jews were poorly clothed and poorly fed in part. I then told the competent SS man, whose name I no longer recall—but he was there in Munich, in Niebermann’s office—and I pointed out to him that this was the responsibility of the SS and he should see to it that these men were decently clothed.
Q. Witness, do you recall any reports of deaths of Hungarian Jews on the project?
A. Roughly, in October, our physicians told us that the fatalities in Kaufering were higher than normal. I then commissioned that physician to take up negotiations with the SS to improve conditions.
I should like to say explicitly that the Todt Organization was forbidden to enter the camps. The physician tried to send medicines to the camp, and was successful. I can remember a date, namely, one on which I was operated on—that is why I remember it—in November, at which time the physician told me that he had succeeded in bringing these bad hygienic conditions to an end after considerable effort. I remember the date because it coincided with a sickness of my own.
[109] A group of experts, drawn from various phases of German industry and supplemented by representatives of the various ministries.
[110] Tr. pp. 300-1.
[111] Survey is published as part of document in Nazi Conspiracy and Aggression, vol. IV, pp. 120-126, U.S. Government Printing Office, Washington, 1946.
[112] Defendant in case of U.S. _vs._ Oswald Pohl, et al. See Vol. V.
[113] Portions of this document were introduced by the defense as Defense Exhibit 12. See pp. 561-62.
[114] Other portions of this document were introduced by the defense as Defense Exhibit 13. See pp. 562-63.
[115] Portions of this document were introduced by the defense as Defend Exhibit 16. See pp. 564-65.
[116] Another portion of this document was introduced by the defense as Defense Exhibit 21. See pp. 565-66.
[117] Other portions of this document were introduced by the defense as Defense Exhibit 23. See pp. 566-67.
[118] Kammler was one of the leading officials of the Economic Administrative Main Office of the SS [Wirtschafts-Verwaltungshauptamt—WVHA]. See case of _United States_ vs. _Oswald Pohl, et al._, (_Vol. V_), concerning the WVHA which administered the utilization of concentration camp labor.
[119] Document was Speer Exhibit 34 in Trial before International Military Tribunal. See Trial of the Major War Criminals, vol. XVI, p. 589, Nuremberg, 1947.
[120] Defense Counsel, Dr. Bergold, explained (_Tr. p. 580_): “This proves that the Fuehrer himself ordered these large construction works, the execution of which is charged to the defendant.
Although I mentioned before that the Jaegerstab was of the opinion that it could only build one factory, the order was given by Hitler to build six. That was an impossible number. He delegated this duty to Mr. Dorsch. That man had his orders from the Fuehrer and not from the Jaegerstab, which, of course, was no longer responsible for his activities.”
[121] Portions of this document were introduced by the prosecution as Prosecution Exhibit 75. See pp. 544-45.
[122] DR. BERGOLD stated (_Tr. p. 567_): “I introduce this in order to show that the Jaegerstab meetings not always prove who was there at a certain given time and those meetings changed so that as far as the defendant Milch is mentioned, this does not prove he was there all of the time.”
[123] DR. BERGOLD explained (_Tr. p. 568_): “There was introduced by the prosecution and also presented an exhibit from this Jaegerstab conference where the term ‘construction company’ was mentioned in such a way. Those were companies of concentration camp inmates. This explains the term ‘construction company’ clearly.”
[124] Other portions of this document were introduced by the prosecution as Prosecution Exhibit 75. See pp. 545-46.
[125] Chief of the Construction Department in the Speer Ministry.
[126] Ibid.
[127] DR. BERGOLD stated (_Tr. p. 751_): “The prosecution has alleged that these great plants were made by slave labor, and I want to show that this plant in which, according to the allegations of the prosecution, Hungarian Jews were used, was not built by the Jaegerstab and that therefore the prosecution has not proved altogether that the Jaegerstab used Hungarian Jews.
The passage will show in a very short time that concentration camp inmates were not used. * * *”
[128] Portions of this document were introduced by the prosecution as Prosecution Exhibit 75. See pp. 550-52.
[129] Another portion of this document was introduced by the prosecution as Prosecution Exhibit 75. See pp. 554-55.
[130] DR. BERGOLD stated (_Tr. p. 584_): “Your Honors, in all civilized countries, also in Germany, penal prisoners have to work. If concentration camp inmates were put to work in Germany, this was done within the frame of the law which existed in Germany for the employment of criminal prisoners. This was nothing special. This work of concentration camp inmates cannot be considered slave work.”
[131] Other portions of this document were introduced by the prosecution as Prosecution Exhibit 75. See pp. 555-57.
[132] Complete testimony is recorded in mimeographed transcript, 6, 7 Feb. 47, pp. 717-759.
[133] Complete testimony is recorded in mimeographed transcript, 24 Feb. 47, pp. 1361-1379.
4. GENERALLUFTZEUGMEISTER[134]
Evidence
_Prosecution Documents_
Doc. No. Pros. Ex. No. Description of Document Page NOKW-311 62 Extract from interrogation of 597 Hermann Goering on 6 September 1946, regarding Milch’s position as Generalluftzeugmeister (GL).
NOKW-418 136 Extracts from stenographic 598 minutes of GL-Conference, 5 May 1942.
NOKW-407 137 Extracts from stenographic 599 minutes of GL-Conference, 27 May 1942.
NOKW-406 138 Extracts from stenographic 599 minutes of the GL-Conference, 7 July 1942.
NOKW-408 139 Extracts from stenographic 600 minutes of GL-Conference, 28 July 1942.
NOKW-409 140 Extracts from stenographic 601 minutes of GL-Conference, 4 August 1942.
NOKW-412 141 Extracts from stenographic 602 minutes of GL-Conference, 18 August 1942.
NOKW-416 142 Extracts from stenographic 602 minutes of GL-Conference, 26 August 1942.
NOKW-286 144 Extracts from stenographic 605 minutes of GL-Conference, 1 September 1942.
NOKW-245 157 Extracts from stenographic 606 minutes of conference with Goering, 22 February 1943, regarding plans for airplane construction.
NOKW-449 148 Extracts from stenographic 607 minutes of GL-Conference, 2 March 1943.
NOKW-195 143 Extracts from stenographic 608 minutes of conference with Goering, 28 October 1943.
NOKW-180 155 Extracts from stenographic 613 notes on the conference at the Reich Marshal’s on Thursday, 4 November 1943, 11 o’clock at the Junkers Plant in Dessau.
_Testimony_
Extracts from testimony of defense witness Max Koenig 615
PARTIAL TRANSLATION OF DOCUMENT NOKW-311 PROSECUTION EXHIBIT 62
EXTRACT FROM INTERROGATION OF HERMANN GOERING ON 6 SEPTEMBER 1946, REGARDING MILCH’S POSITION AS GENERALLUFTZEUGMEISTER (GL)
* * * * *
INTERROGATOR: Now to the Milch case: Who was commissioned after 1941 with the labor allocation in the Ministry for Air?
GOERING: What am I to understand by “labor allocation”?
Q. Labor allocation consisted of the drawing in of foreign workers or German workers, especially of concentration camp inmates, in order to free them for air force production.
A. This matter went through Udet, the Chief of Supply for the Air Force, until Udet’s death, and then it went through Milch.
Q. In what manner did the Reich Air Ministry submit its requests to Sauckel and the approximate figure for its requirements, the number of workers, etc.? And if Sauckel received such a request from the Reich Air Ministry, how did he undertake the distribution?
A. The requests were made by Milch, it was he who said how many workers the air force needed, and these were forwarded to Speer. Speer then asked Sauckel for the workers for the entire armaments branch, almost for the entire industrial branch, and he then made the distribution. It was he in the end who made the final decision as to how many workers went to the air force for instance, how many to the army, etc. As far as I know, Sauckel had actually nothing to do with the distribution of labor. The contingent was put at the disposal of the authorities. Terrific pressure was continually brought to bear on Sauckel. If the requested number was not brought, he was given hell. I personally presided over a meeting where there were differences between Sauckel and Speer. He wanted to have more, etc. There was a mix-up and that’s how I know it; but the needs of the air force were put forward by Milch, that is the Chief of Supply for the Air Force. When difficulties arose and they did not get the people, and the program threatened to break down, then they came to me and I supported their demands.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-418 PROSECUTION EXHIBIT 136
EXTRACTS FROM STENOGRAPHIC MINUTES OF GL-CONFERENCE, 5 MAY 1942
[Two handwritten marginal notes at top of document:] Mi. 10. Secret
_SHORTHAND TRANSCRIPT ON THE GL-CONFERENCE_ _PRESIDED OVER BY THE STATE SECRETARY, FIELD_ _MARSHAL MILCH, ON TUESDAY, 5 MAY 1942,_ _10 A.M. IN THE REICH AIR MINISTRY_
* * * * *
ALPERS: The reason given is shortage of labor. And in fact there are 2,000 men lacking at Heinkel-Oranienburg.
MILCH: As far as the French are concerned, 60,000 of the ones that we had been promised are still missing.
(Comment: 40,000 are missing.)
If we get those men I would assign 2,000 to Heinkel-Oranienburg.
FRYDAG: The French become worse and worse; I threw out 80 of them who will be sent to concentration camps in Russia. They refused to work. The French say at 4 o’clock: “I won’t work another hour,” and you cannot make them work another hour. This happened four weeks ago all of a sudden, when the first bombing attack on Paris took place, while before that the French were the best people.
MILCH: We were told in Oranienburg that they were good as long as they didn’t get spoiled by our German people.
FRYDAG: It happened here after we got the French from Messerschmitt; according to the French they got a warm meal twice a day there and had their laundry done. We cannot do either. We don’t have a warm meal twice a day either. At Messerschmitt the living conditions were better.
MILCH: Gablenz, I want you to get in touch with Reinecke concerning these French. I demand that if the people refuse to work they immediately be placed against the wall and shot before all the other workers. I ask you to get in touch with the Reich Leader SS and to ask him to discuss the matter with the Fuehrer. Now is the right time; unless we do something effective now, the others will become bothersome. I ask that their being sent to concentration camps be taken into consideration too. I’ll tell you afterwards how you should act in such a matter.
So I do not agree. You should make another proposal. At the beginning you cannot expect more.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-407 PROSECUTION EXHIBIT 137
EXTRACTS FROM STENOGRAPHIC MINUTES OF GL-CONFERENCE, 27 MAY 1942
[Three handwritten marginal notes at top of document:] To my
files Mi. 14
Vossen/Dr. Reynitz/Ca.
Secret
_SHORTHAND TRANSCRIPT OF THE GL-CONFERENCE_ _PRESIDED OVER BY THE STATE SECRETARY, FIELD_ _MARSHAL MILCH ON WEDNESDAY, 27 MAY 1942,_ _9 A.M. IN THE REICH AIR MINISTRY_
* * * * *
VON GABLENZ: Yesterday, the first[135] has exploded in France, at the Arade plant, an explosive, a float, but no damage has been done.
FIELD MARSHAL MILCH: What measures have been taken in consequence?—I want to have a report on what has been done. How many people have been shot and how many hanged? If that guy cannot be found today, fifty men should be selected and if I were you I would hang three or four of them whether they are guilty or not. It is the only way!
(Mahnke hands another letter to the Field Marshal.)
What do you think of that man?
* * * * *
TRANSLATION OF DOCUMENT NOKW-406 PROSECUTION EXHIBIT 138
EXTRACTS FROM STENOGRAPHIC MINUTES OF THE GL-CONFERENCE, 7 JULY 1942
[Two handwritten marginal notes at top of document:] St/R 21
Secret
_SHORTHAND TRANSCRIPT OF THE GL-CONFERENCE_ _PRESIDED OVER BY FIELD MARSHAL MILCH ON_ _7 JULY 1942, 10 A.M. IN THE REICH AIR MINISTRY_
* * * * *
FIELD MARSHAL MILCH: I do not like the engine. I have inspected it and for the time being anyhow, I shall not take the 177 plane as a traveling plane.
With regard to the output of Prague I want to say this: Of course, one must recognize good output, even of a foreigner. On the other hand, as far as the French are concerned, something must be done now. Gablenz, ring up Toennes and tell him that this is a crazy situation [tolle Schweinerei]. However, we would still try first to arrange it in a friendly way through Toennes. If that does not succeed, then I intend to fill the new Heinkel plant in the east entirely with Frenchmen brought down there by force. If they don’t work in France, they may work as prisoners in Poland. After all we have to remember that it is we, and not the French, who have won the war.
* * * * *
TRANSLATION OF DOCUMENT NOKW-408 PROSECUTION EXHIBIT 139
EXTRACTS FROM STENOGRAPHIC MINUTES OF GL-CONFERENCE, 28 JULY 1942
[Two handwritten marginal notes at top of document:] St/R 24
Vossen/Dr. Jonuschat/C
Secret
_SHORTHAND TRANSCRIPT ON THE GL-CONFERENCE_ _PRESIDED OVER BY STATE SECRETARY FIELD_ _MARSHAL MILCH ON TUESDAY, 28 JULY 1942,_ _10 A.M. IN THE REICH AIR MINISTRY_
* * * * *
ALPERS: We have discussed whether a stronger pressure should not be put upon French firms by both our liaison office and by us here. I have talked with the French works managers myself. Actually they are all of the same mind; they are willing to exert pressure, but then the workers will leave them. In France there is no law that binds a worker to his place of employment.
MILCH: As far as we are concerned, that is very difficult. But at the very moment when the deadline is passed for me, I shall say: Now there is no more French production. The workers are sent on leave or taken away immediately for other work. The French always want the proportion 1:5, but they only reach 1:2.3. In reality they have very much more, as we have received only old French junk. If we consider the actual output that we have received, then the proportion is not even 1:0.2, but exactly the contrary: 5:1 in favor of the French! At the present time we receive 8 to 9 planes from the French. I could well imagine that they get out 45 for themselves. I shall shut the shop with a single stroke and have the workers and the machines come to Germany. If it does not work on a voluntary basis, then we do it by compulsory contracts. Perhaps I shall first give them a week to think it over.
(ALPERS: Amio himself is behind. For him the surfaces and tail unit factories are situated just right.)
—It is a fact that, on the whole, these people work in silent opposition. One cannot blame them for it either, it is true, but they should not have started the war.
* * * * *
TRANSLATION OF DOCUMENT NOKW-409 PROSECUTION EXHIBIT 140
EXTRACTS FROM STENOGRAPHIC MINUTES OF GL-CONFERENCE, 4 AUGUST 1942
[Handwritten marginal notes] To my files, personally St/R 25
Secret
_SHORTHAND TRANSCRIPT ON THE GL-CONFERENCE_ _PRESIDED OVER BY FIELD MARSHAL MILCH_ _TUESDAY, 4 AUGUST 1942, 10 A.M. IN THE_ _REICH AIR MINISTRY_
* * * * *
GEYER: In the west there is a danger of the French going on strike in the event of a British attack. In that case, the whole of the engine supply would be severely handicapped.
MILCH: In such a case I would ask to be appointed military commander myself. I would band the workers together and have 50 percent of them shot; I would then publish this fact and compel the other 50 percent to work, by beatings if necessary. If they don’t work, then they too will be shot. I would get the necessary replacement somehow. But I hope the military commander will do his duty. I’m not worried about it. The word “strike” must never be used. For us there is only “living or dying”, but not “striking”. That goes for the educated man as well as for the worker, for the German [Inlaender] as well as for the foreigner. The word “strike” means death for the man who uses it.
* * * * *
GABLENZ: Sauckel also made an effort but he does not have a completely free hand. Lt. Col. Nickolai and Stending are still standing in between.
MILCH: In spite of all, he has brought in quite a tidy number. Sauckel has brought over 1.6 million people to Germany, 1.3 million from the east and the rest from other countries.
GABLENZ: We should not be sorry if Sauckel not only took care of getting the workers, but also of distributing them. That way we would fare better.
* * * * *
TRANSLATION OF DOCUMENT NOKW-412 PROSECUTION EXHIBIT 141
EXTRACTS FROM STENOGRAPHIC MINUTES OF GL-CONFERENCE, 18 AUGUST 1942
[page 1874 of original]
[Handwritten marginal notes on attendance list] St/R 27
* * * * *
[page 1932 of original]
FIELD MARSHAL MILCH: As soon as the figures for August are ready I request an exact account for my report to the Reich Marshal and also for the conferences which I want to hold with Sauckel and Speer beforehand. This account is to show how the labor question has developed, how great the fluctuation is and which nationalities it involves, what real requests we now have to make in the different sectors in order to cover the needs for specialists and for skilled and unskilled labor, how many of them can be foreigners, etc.? What happens to those who leave the industry? Are they being compelled to work elsewhere? Are they, as I proposed, under control in the camps supervised by the SS and considered as being in mild concentration camps, or are these gentlemen allowed to remain outside and do as they please?
TRANSLATION OF DOCUMENT NOKW-416 PROSECUTION EXHIBIT 142
EXTRACTS FROM STENOGRAPHIC MINUTES OF GL-CONFERENCE, 26 AUGUST 1942
[Handwritten marginal notes] St/R 29 Secret
_SHORTHAND TRANSCRIPT OF THE CONFERENCE OF_ _THE DIRECTOR OF SUPPLIES PRESIDED OVER BY_ _FIELD MARSHAL MILCH ON WEDNESDAY, 26_ _AUGUST 1942, 11 A.M. IN THE REICH_ _AIR MINISTRY_
* * * * *
MILCH: Is Quartermaster General 6 here?
(Comment: Yes!)
Do you know anything about it?
(Comment: No!)
Ask about it and inform Colonel Brueckner!
FRYDAG: Another important consideration is the letter, which you yourself have signed, Field Marshal, dealing with the expiration of the labor contracts of the foreign workers. * * *
MILCH: The Reich Marshal [Goering] wanted to bind these people by law at one time, that was one idea. The Fuehrer’s plan would be more favorable. He wishes that the workers be gradually all replaced by Russians for whom there is no longer such a thing as expiration of contracts.
(Comment: But there is a certain transition period!)
BRUECKNER: You, Field Marshal, have yourself put your signature to this matter. The contracts are to be extended till 1 October 1943. I hope that it will be done.
* * * * *
MILCH: On the other hand, a number of these people have been drafted into the armed forces. But if I consider the others, I arrive all the same at a monthly total of about 30,000 who loaf around and fluctuate from job to job. According to the suggestions of the Reich Marshal, these people are to come under the care of Himmler and are to be handled severely there. What has been done, so far, in this regard? Brueckner, you know about this matter, don’t you?
(BRUECKNER: Yes!)
You do not seem to be informed quite correctly. Sometime ago we were quite irritated about the fact that so many workers move about from one factory to another, most of them antisocial elements who do not like to work and whom the firms are possibly glad to get rid of because they do nothing but complain and grumble, do no proper work, are constantly late, shirk work where they can, pretend to be sick, etc. These people were supposed to be handled more severely, and about a year ago the Reich Marshal issued an order and gave the Ministry of Labor the job of dealing with this matter firmly. Then the Ministry of Labor issued an explanatory order which was nothing but a sabotage of the order and the desire expressed by the Reich Marshal. I reported to the Reich Marshal—in the very words which I have just used—that in this case his will was clearly being sabotaged by some lawyers or other poor fellows and that I asked him to take measures against it. He told me that he would talk the matter over with Himmler. That is, I had suggested to him that this matter could only be settled with the help of Himmler’s organization. The armed forces are not in a position to do it. The suggestion had been made that the armed forces should take care of these people in camps but these workers are not ready for that. They have not been condemned and in no way violate the existing laws, but act only against their country which certainly does not yet come within the sphere of the old legal nonsense. That is why Himmler should get these people into his clutches because he can treat them outside the law. My suggestion was that the people should be put into camps or, in part, just get numbers. The person involved would have a passport in which it is entered that he is a German of this or that category, and that his number is so and so. Then there are subsequent entries: At this or that time he did not work, at this or that time he was late, etc. If he “loses” this passport—because he doesn’t want to have it anymore—off he goes to the concentration camp immediately; the same thing happens if he does not show it when ordered to do so. Once every month the pass is checked by the local SD. If it shows that the man has been ill, or late thirty times in one month, then the SD takes him along and gives him a job in which he has to work 14 hours a day and where he is treated in the way he deserves if he is not willing. The Reich Marshal has approved this suggestion. Nevertheless I have not yet seen anything of the kind being carried out.
BRUECKNER: I know that such labor camps have been established.
MILCH: In that case I want you to tell me exactly during the next conference, where these camps have been established, who is in charge of them, and how do we get these honorable gentlemen who do not want to work into them? * * * It is a simple matter to have these people taken care of somehow by the SD. It has only got to be taken in hand. I want to have a report on it as soon as possible. Otherwise I will talk to Himmler about it myself and see that this matter is taken very firmly in hand. I see in these people the greatest danger for the home front.
* * * * *
TRANSLATION OF DOCUMENT NOKW-286 PROSECUTION EXHIBIT 144
EXTRACTS FROM STENOGRAPHIC MINUTES OF GL-CONFERENCE, 1 SEPTEMBER 1942
[Handwritten marginal notes] St/R 31 To my files Secret
_SHORTHAND TRANSCRIPT OF THE GL-CONFERENCE_ _PRESIDED OVER BY STATE SECRETARY FIELD_ _MARSHAL MILCH ON WEDNESDAY, 9 SEPTEMBER_ _1942, 10 A.M. IN THE REICH_ _AIR MINISTRY_
* * * * *
DEUTSCHMANN: Reports have come in from front repair workshops that up to 40 percent of the people simply do not come to work. Because of the difficulties in the food supply they simply go out into the country in order to have something to eat. At the plant Mechanical Workshops [Mechanische Werkstaetten] I have found out that the Poles have not come because Russian pilots had dropped propaganda material. In one case, I have seen that about 50 percent of the workers failed to come.
MILCH: What do you do against that?
(DEUTSCHMANN: For the time being, I did not do anything.)
And where was that?—In Warsaw? In such a case, orders have to be given that these workers get a good beating. And Russian prisoners of war are used to give it to them.
DEUTSCHMANN: Just at the time when the Russians attacked I was planning to have 200 Poles transported to western Germany in order to fill a gap in the hoop production there. The conditions of procurement in Warsaw were such that I could afford it; therefore, I had no special reason to take measures.
MILCH: If those workers stay away from work just as they please then they need a good beating and this punishment is to be administered by Russians. Contact the SD; tell them that these workers had failed to come to work and that I demand that they be punished and not by having their food taken away from them but by the slightly milder punishment of 50 strokes each on their behind.
DEUTSCHMANN: Various unfortunate occurrences have happened together.
MILCH: I don’t care, these occurrences are none of my business. The unfortunate occurrence for the person involved is when he gets his good beating. And he should not fail to get it.
(DEUTSCHMANN: We have already drawn the attention of the Reich Leader SS to it; something is going to be done about it.)
Such occurrences must not remain unpunished, they must not happen. If those people mutiny and do not work, then I demand that some shooting is done at those occasions. We do the same in Poland as the British do in India, with the only difference that the British deal with their own subjects, whereas we deal with the enemy. I want none of our people ever to show lack of action. I make every section chief responsible to take measures to that effect immediately. He is not to administer the beatings himself but to go to the SD and demand that this or that is done. What kind of measures they take we will leave to the SD, but I want to have a report on what has been done in such cases! What do you think would happen to a worker in Germany if he went on strike?
* * * * *
TRANSLATION OF DOCUMENT NOKW-245 PROSECUTION EXHIBIT 157
EXTRACTS FROM STENOGRAPHIC MINUTES OF CONFERENCE WITH GOERING, 22 FEBRUARY 1943, REGARDING PLANS FOR AIRPLANE CONSTRUCTION
* * * * *
MILCH: * * * Just now things are not going well. Sauckel has agreed with Speer and myself that von der Heyde is to go to Paris to ascertain on the very spot what may be taken away. If we want to maintain the program we require an additional 80,000 workmen over there. Sauckel said he recognized that and promised to deliver them. If the promise is kept all will be all right.
REICH MARSHAL: What sense does it make to leave the workers there?
MILCH: There is no good will in France, and you can really not expect it from these fellows. But we will force them to work by not feeding them.
REICH MARSHAL: I can do this here much better.
MILCH: That’ll get us nowhere. We shall then have to shut down the plants in France.
REICH MARSHAL: The fault is this: Sauckel should have said: Milch, there are too many skilled workers in that plant; take so-and-so many out for your German plants; I am going to replace those skilled workers from our French workers pool. Otherwise there is no sense in his taking them away.
MILCH: Until six months ago we piloted the whole French industry by way of the government, but since then we changed and took sponsor-firms. * * *
REICH MARSHAL: I’ll tell Sauckel not to touch our industry at all. But we must do it ourselves.
MILCH: I told Sauckel that we will cooperate on all matters on the very spot, that we will get the thing done but not smash up anything that is producing for us or is going to produce. He admitted that his men had acted wrongly. * * * Speer and myself are of the opinion that he must be incorporated somehow in the Central Planning in order to secure manpower for us as well as the material. Now we got the first workers in November; prior to that date none at all. Of course, by taking into account the many fluctuations he arrives at fantastic figures. We try to diminish the fluctuations with the aid of Himmler and Ley. The military physicians are put in to examine the men. I have proposed that a man who leaves his working place more than three times a year, should be put into a detention camp and be released only when he stays on the very spot. * * *
* * * * *
TRANSLATION OF DOCUMENT NOKW-449 PROSECUTION EXHIBIT 148
EXTRACTS FROM STENOGRAPHIC MINUTES OF GL-CONFERENCE, 2 MARCH 1943
[Handwritten marginal notes] To my files Mi
Secret
_SHORTHAND TRANSCRIPT OF THE GL-CONFERENCE_ _PRESIDED OVER BY THE STATE SECRETARY FIELD_ _MARSHAL MILCH ON TUESDAY, 2 MARCH 1943,_ _10 A.M. IN THE REICH AIR MINISTRY_
* * * * *
MILCH: Another question! All the reports from France show that the French have got their heads full of political thoughts and ideas. On the basis of the news they tell themselves: They are retreating on the eastern front and the English and Americans are gradually getting afraid that the Russians alone will be victorious. The French go on to say: If the promises made to us by the Americans are really kept, our fortunes are made. That has already led to our foreign workers slowly becoming hostile. On principle I have to be informed of every case of swinishness. I do not understand at all why Germany should put up with it when Poles and Frenchmen explain to the people: Today indeed you are still sitting in this work, but later we shall be the owners and if you treat us properly we shall see to it then that you are shot dead immediately and not tortured first. In all these matters energetic interference must be made. I am of the opinion that there should be only two types of punishment in such cases: firstly, a concentration camp for foreigners, and secondly, capital punishment. If a certain number of such hostile elements are removed and the others are informed, they will then work better. Their love for us certainly won’t become any greater, but neither will their hate, for it is already strong enough. In this respect, too, energetic interference must be made and in no case must the workers put up with it. The best method is to give the person concerned one with a sledge-hammer and I shall treat with distinction every man who does something like that whenever he hears such stupid nonsense. We are living in a total war and the workers must be told that they don’t have to put up with anything. Now the question is whether or not the gentlemen believe on the whole that we achieve something worth mentioning with our production in France. For then we must consider that the establishments there will be besieged. Then the French would have to be forced to come to Germany. There I must reflect on whether the available means of compulsion are sufficient. That does not depend on me. But, in the abstract, I see no difficulties in the way of getting 100,000 or 200,000 French workers to Germany, nor do I see any difficulties in the way of keeping them in order. If a case of sabotage occurs in one area, every tenth man in that area will be shot. Then such acts of sabotage would cease of themselves. The western peoples are very much afraid of death, while it is a quite different matter with the Russians.
* * * * *
PARTIAL TRANSLATION OF DOCUMENT NOKW-195 PROSECUTION EXHIBIT 143
EXTRACTS FROM STENOGRAPHIC MINUTES OF CONFERENCE WITH GOERING, 28 OCTOBER 1943
[Handwritten] Notes for Discussion No 116/43/KD st. 4th copy [Signature] MILCH
_STENOGRAPHIC TRANSCRIPT OF THE DISCUSSION WITH_ _THE REICH MARSHAL ON 28 OCTOBER 1943,_ _12 O’CLOCK AT KARINHALL_
Subject: Allocation of Labor. Effects of the Drafting of Laborers.
Participants: Reich Marshal Reich Minister Speer Field Marshal Milch Gauleiter Sauckel General von der Heyde Staatsrat Gritzbach Ministerialrat Dr. Groennert Ministerialdirektor Hildebrand Landrat Berg Lt. Colonel Biesing, GSC Lt. Colonel von Brauchitsch, GSC Director Frydag Dr. Janicke/Dr. Eggeling/Bs
25 October 1943
* * * * *
MILCH: Interesting are the figures on the decrease of prisoners of war where one had believed they would remain stable. Between January and August the figure went down for the Russians from 22,000 to 19,000; for the others, from 48,000 to 28,000. In the summer the prisoners of war decreased from 70,000 to 48,000.
* * * * *
REICH MARSHAL: But here you report to me and to the Fuehrer: From 1 January to 30 September a total of 2,200,000 in manpower could be made available for armament production,
(Comment by SAUCKEL: But not for the first time.)
among whom there are 770,000 prisoners of war. Through allocation 300,000 of these who had been drafted for armament and the armed services, and those who left for other reasons, were replaced, and labor for the most important armament industries was increased by 650,000, from 5.3 million to 5.9 million.
(Reading continued.)
FRYDAG: Those are the total allocations.
(REICH MARSHAL: I took that to be net allocation.)
No, gross.
MILCH: The Luftwaffe has increased by 150,000 men; the army by 240,000; the navy by 50,000; military administration has remained stable. For the Wehrmacht armament alone, there has been an increase of 400,000 men. Then other industries, including state railway [Reichsbahn], postal service, experts basic materials industry, make a total increase of 5.29 million, i.e., an actual addition of 500,000 men in this whole area within half a year.
* * * * *
REICH MARSHAL: Then there is one more question which again belongs here and which in all seriousness must be discussed. Suppose that, in the central sector of Holland, between Arnhem, Utrecht, and Dortrecht, I place at your disposal for three days 15,000 young German soldiers—recruits who have been there eight days, together with their respective officers’ corps for handling the executive—to catch the young Dutchmen (this would have to be carefully prepared, of course)—would you expect good results? It goes without saying that everything must be well organized in advance, transport to move them out, camps to receive them here, far away from the Dutch frontier.
SAUCKEL: Considering the Dutch population figure that amounts to something. However, the same should be done in Poland and France.
REICH MARSHAL: Naturally, after that has been done once, one has to modify the system for the second blow. Then the Dutch people will no longer be out in the streets on Sundays for pleasure promenades.
SPEER: Care should be taken though, not to affect the protected industries which we have established there. Their workers are also out for walks on Sundays.
REICH MARSHAL: First, all of the people must be brought together in a pen [Pferch]; then they will be asked individually who works where, and then the men will be selected accordingly.
SAUCKEL: We should like to set an example. However, I do not like to rely on this alone for the next year; but I should like to ask that one have the confidence in us that, reasonably speaking we are doing things in the right way. The factories which Speer barred to us * * *.
REICH MARSHAL: Really I am not imposing. But when I constantly hear: I could do very much if I only had the executive power, then I am ready to assist you, not permanently, but then, for five days or one week, by putting my men at your disposal. In France also we have training regiments, and the army, too, could arrange to make certain units available so as to make a big push.
SAUCKEL: If I may be permitted to speak quite frankly, the conditions are as follows: All of our Military Commanders, and also our Commissioners General—with the exception of Koch—also the general governors, take the stand that in all of their regions the supreme law is tranquility and order. Also during the present era of war these German people still feel—after all that is typically German—the inherent obligation of maintaining order in their country and of somehow protecting the local population.
(REICH MARSHAL: They do not see Germany, but Seyss-Inquart sees Holland only.)
That is the greatest difficulty which we face, and in spite of the obduracy which is there I am of the opinion that we really have more friends in these countries than we imagine. I shall place my reports at your disposal, among them a detailed report of a Flemish man, an economist who lives with his wife in Weimar, works there, and who at the same time looks after the Flemish people in my district. The matter is as follows: Our highest political authorities in these countries cultivate to some extent social contacts with the local high society; thus in Belgium, bluntly stated, with elite circles, the high financial circles, and leaders of industry. They show to the German commanders in chief a certain demeanor of courteousness and of conventionality and thereby satisfy our gentlemen to a great extent. Under this mask, however, they permit their nearest subordinate organizations to persecute and harass everybody who is in any way friendly to Germany. Unwillingly and without being suspected by our gentlemen [Herren] we have in this manner placed the Germans who were there under pressure. They all have become fearful, and they bar their minds against Germany, and those who really did something for Germany resign.
* * * * *
REICH MARSHAL: * * * Our method of procedure in the expansion of the large air fields, Sauckel, would then be that, we try, first of all, to get a hold of the available labor in the vicinity of the harbors in France, Belgium, and Holland which so far has not been recruited in any manner by Speer or by the Luftwaffe, or by you—just as the Russians do, and as the British now also are doing in Southern Italy and Sicily. There is a scarcity of water there and he who loafs is not permitted to come near the water tap. They are very strict on this point. Now, in the fifth year of the war, we too must be just as strict. And over and above this I still need workers who will be fetched from regions farther away if those from the immediate vicinity are not sufficient. And then come specialists, whom Speer makes available from his organization, the engine operators and so forth. If I am to rearm the Luftwaffe with everything that is conceivable now, I do need a considerable reserve stock of laborers. Technical workers must be included. This is in addition to the number necessary for fulfilling needs arising from actual fluctuation and departure of workers. Now that would have to be considered in detail.
SAUCKEL: May I call attention to the following: That which makes things very difficult for me at the moment is the question of our currency. It is a fact that prices in France, and in the entire west, are very much out of proportion. If we bring the workers to Germany and, according to German standards, we pay them just as well as the German workers, that does not help them at all because their families living in the occupied territories cannot buy anything with the money that the people transfer. I should like to ask you, Herr Reich Marshal, to talk with Reich Minister Funk and the other competent officials so that under all circumstances and with all possible means the German mark will preserve its purchasing power against the French franc, just as it was done on the other side, during the World War.
REICH MARSHAL: All we need to do is to fix the rate of exchange, just as was done at that time with the dollar, i.e., today the German mark equals 20 francs, tomorrow 23, then 27, then 40, etc., etc., up to one million, or one billion. We have had all that. The same holds true for the guilder. One cigarette now costs in Holland 1.50 guilders; formerly it cost 10 cents. I merely have to say: 1.50 guilders equal to 10 pfennigs, or one mark equals 15 guilders.
SAUCKEL: That would solve a big problem in the wage question.
REICH MARSHAL: The same is done in Belgium. I shall schedule a discussion on that with Mr. Funk. With friendly nations it is more difficult; nevertheless, there, too, we have to do it.
SAUCKEL: There is still something I should like to say. If this large-scale recruiting is carried into effect, even with coercion, it is nothing but compliance with laws which were promulgated there by their own governments, except that the governments declare they lack the executive power.
REICH MARSHAL: That is always the excuse; I simply shall give them the executive power.
Well, let me summarize it once more. We undoubtedly are agreed on the fact that what Sauckel brings to us here, and that which to us appears as stocking up, has been subject to a natural compromise and actually a greater number of people was necessary, to make up for the losses. If it had been impossible to obtain more labor there would, of necessity, have been a decrease, merely by reason of the draft, the increased rate of disease during the war, deaths, etc. The decrease in prisoners of war should really be insignificant unless there are modifications; on the contrary, I should like to see that the prisoners of war who had been released, Norwegians, and so forth, be taken again. Insofar as officers are concerned this has been done to a certain extent. It was the greatest nonsense ever committed by us and for which nobody thanks us. We have made prisoners of entire armies and we let them go again. We do not get anything from Norway?
SAUCKEL: No. Even Russians are being taken there, also French specialists.
(REICH MARSHAL: Why?)
The tasks there are much bigger than the population could cope with.
* * * * *
TRANSLATION OF DOCUMENT NOKW-180 PROSECUTION EXHIBIT 155
EXTRACTS FROM STENOGRAPHIC NOTES ON THE CONFERENCE AT THE REICH MARSHAL’S ON THURSDAY, 4 NOVEMBER 1943, 11 O’CLOCK AT THE JUNKERS PLANT IN DESSAU
* * * * *
THE REICH MARSHAL: Give the prisoner-of-war camp [Stalag] commander my greetings and tell him I said the Stalag is the biggest racket in Germany and merely a camp where get-aways are being organized wholesale. The men do not even have to bother to dig a tunnel, since they can walk out freely in broad daylight. The Italians get beaten up when they do not work. * * * It is absolutely useless to take the Italians as soldiers, for they report for duty, it is true, but then they bolt again. We need them here, however, as workers for the 100,000 men operation. In the second place, why do we not get the machines? If I want to have them, I just have to occupy a factory by surprise.
MILCH: There are no transportation facilities to make this possible. We have to let certain plants go on working in Italy, such as ball bearings, steel castings, and others, and we cannot take the people from there. The same applies to the technical sphere. The people there are working for us. All depends on our policy toward the Italians. I have ordered that they can be beaten up if they do not work. I have also given permission that Italians caught sabotaging be sentenced to death. If this measure is not desired by the higher authorities, which seems to be the case, we are powerless; then the Italians in the Reich will not be of any use to us, and they will not do anything down there either. Now the Italian has found the way out, he goes into the militia and, once he is over there, he bolts. There is one other way to make him work; if we do not provide the Italian with food and tell him: only those who fight and work for us will get food.
(THE REICH MARSHAL: That is what the Americans do!)
Why do we not do it? In my opinion we should try to get the machines by force. We can manufacture 1,000 pursuit planes in Italy and the engines for them. The engines will go only through Junkers, the other parts only through Messerschmitt. I should like to have the 109 and the 605 in Italy while they are still working, so that we can modernize our factories. We have the further advantage that the enemy drops his bombs not only on Germany, but also on Italy. We can disperse industry there in small valleys and we need not use the big Milan plants. The situation there is rather favorable.
THE REICH MARSHAL: Above all, this question must be discussed at once with the Fuehrer.
(End of the conference at 11:45 p.m.)
* * * * *
St 149-43 III gK [Stamp]
Top Secret
The Reich Marshal of the Greater German Reich Adjutant’s office Adj. 2019-43 top secret
[Pencil note] For my files
Berlin W 8 Leipziger Str. #3 Telephone: 120044 Headquarters, 12 Nov. 1943
2 copies, 1st copy
[initialed] Mi 15 Nov.
To the State Secretary for Aviation and Inspector General of the Air Force, Field Marshal Milch.
Reich Air Ministry
Forwarded herewith for your attention and further handling are the uncorrected stenographic notes on the conference at the Reich Marshal’s [Office] on 28 October 1943.
Inclosure:
Notes on conference No. 116-13
Top Secret—4th copy.
[signature] BRAUCHITSCH Lieutenant Colonel, GSC and Chief Adjutant
EXTRACTS FROM TESTIMONY OF DEFENSE WITNESS MAX KOENIG[136]
_DIRECT EXAMINATION_
DR. BERGOLD: Will you please give the Court your first name and second name?
WITNESS KOENIG: Max Koenig.
Q. When were you born?
A. 19 August 1897.
Q. What was your last position in the war with the Wehrmacht?
A. Lieutenant colonel in the reserve.
Q. And where were you?
A. With the commander of the Luftwaffe in Rechlin in charge of the testing station.
Q. Is it known to you, Witness, whether and what sort of orders, if at all, Milch gave with reference to the treatment of so-called terror pilots?
A. My department was subordinate to the GL, and therefore received orders from that office concerning the treatment of pilots who had made emergency landings, and such orders were to the effect to inform the Buergermeister [mayors] and the councillors that the prisoners who had made emergency landings should be sent to Oberursel at once.
Q. Then were these orders given or were they repeated in certain cases?
A. I myself went there in 1942 to that office and I remember very well that the first orders in this respect were given in 1943 and then in 1944.
Q. Have these orders provided for the taking of prisoners of all pilots by the Luftwaffe and taking them to Oberursel?
A. The GL ordered, followed by the threatening of heavy punishment if the orders were not followed, that all pilots who bailed out or made emergency landings should be taken at once in the quickest way possible to Oberursel.
Q. Did you transmit these orders to the mayors and councillors of your district?
A. These orders were passed on by the commander of the testing station to the ground organization of the base, passed on to all Buergermeister and the city councillors.
Q. Can you confirm that these orders came from Milch?
A. They came from the GL. It was even ordered how we should proceed. As far as I can recall we were ordered, among other things, that the contents of their pockets should be taken away from the pilots and sent to Oberursel with an accompanying letter.
Q. Did you know at that time that the Party wanted the pilots to be treated in a different manner?
A. I did not know that for we in Rechlin had hardly any contact with the Party.
Q. Therefore, you never corrected orders from the Party? Or would you have done this?
A. No. We were subordinate to the GL, and, therefore, we could only take orders from that superior office.
Q. Witness, what do you know within your office as to how concentration camp inmates were treated?
A. I should say this: When labor was requested for the building of a pillbox, we were given a detachment from Oranienburg. These prisoners were housed by the evacuating of our testing station, that means our German soldiers, in Laerz, and prisoners from the concentration camp at Oranienburg were moved into the billets of the German soldiers. There were about a thousand of these.
Q. Were the barracks in good condition?
A. They were not barracks in the bad sense of the word. They were the best billets which we had at our disposal in Laerz. They were new buildings and contained, apart from the living rooms, a theater room, and a big kitchen with, I believe, four stoves. I know the camp because I visited it repeatedly.
Q. Witness, what orders did you receive for treating of those people by the GL?
A. I remember two orders that were to the effect that all those who actually worked, whether foreigners or concentration camp inmates, should be treated well in order to save their good health and in order to increase their production.
Q. What has been done for that purpose?
A. As far as their health was concerned, under this order, I repeatedly saw to it that I obtained medical supplies from the hospital [Revier] of Rechlin.
Q. What you call the Revier is the hospital ward?
A. “Revier” is the sickroom which, considering the bigness of the agency, is approximately the equivalent to a hospital * * *.
Q. Let us go back to concentration camp inmates. What has been done in health matters?
A. Near Rechlin, there was an estate called Boek. This estate consisted of several thousand acres and apart from potatoes and turnips also produced wheat. On orders from the GL we received from that estate for the commando in Laerz and for the concentration camp and for the foreign workers large quantities of goods produced there.
Q. These concentration camp inmates; were they exploited unfairly?
A. I can say this—I myself was in the hall east from there up to the building of the commander, which was about a kilometer and a half. The foreign workers and concentration camp inmates lived in smaller and bigger groups and worked in such groups, but I could always observe them when I walked along the lanes. It seemed that when the civilian and other employees there were still working, the concentration camp groups had already stopped working because they had to be in their camp at a certain time. The time they needed to march to and fro was part of their working hours.
Q. Were they told to work particularly fast, or particularly heavy?
A. I can say this that I could really judge them because after all I saw them almost daily. Their work was not particularly slow, it wasn’t particularly fast. And one couldn’t say they were driven on.
Q. Were these people happy or did you hear complaints?
A. Should complaints have occurred I would have been the first to hear about them for it would have been my job to hear them, because I headed the particular office for food and treatment which was the liaison office between ourselves and the Stalags. I even listened at times to outbursts of joy. And from the liaison office we bought everything, beginning from cigarettes and other small gifts, foodstuffs, etc. This was used both in the camps and foreign workers, and the foreign workers were always running about freely there.
Q. Did your office ask for concentration camp inmates or were they sent to you by labor exchange on the basis of assignment of labor?
A. We had to use two ways, we had to use two channels here—one through labor exchanges and the other through the GL who ordered labor for us and on the basis of our application with the labor exchanges and the GL, this special commando and attachment came, whether on the basis of our application I really don’t know.
Q. Did you request concentration camp inmates or simply workers?
A. I may say quite frankly here I asked for German workers and I expected they would turn up but as we were under orders to maintain secrecy, neither did I think of foreign workers nor concentration camp inmates.
* * * * *
_CROSS-EXAMINATION_
MR. DENNEY: Just what was your job in Rechlin?
A. I was I B or I Bertha—that means an organization, and my job was looking after the army.
* * * * *
Q. Well, in your position having to do with figures you possibly were concerned with labor in Rechlin?
A. From Rechlin we were ordered to build a shelter in Laerz, and to carry this out we had to ask for labor.
Q. Didn’t they consolidate requests for labor and give them to you and you would send them up?
A. Requests were sent on to the labor offices on the one hand, and on the other hand to the GL.
Q. And they were sent by you?
A. They were sent by the commanding officer of the testing station, that is, to say, my superior officer.
Q. But you got them up and gave them to him to send them on?
A. I worked on them and passed them on to my commanding officer.
Q. You said that you had concentration camp workers—you also had foreign workers didn’t you?
A. There were about 1,000 concentration inmates and a certain number of foreign workers—Russians, French, and Italians.
Q. Did you have any prisoners of war?
A. Yes. We had some prisoners of war.
Q. How many people were employed there altogether?
A. In Rechlin, prisoners of war and foreign workers, Germans, altogether there were 4 to 5 thousand.
Q. Well, now we have got 1,000 concentration camp workers. So that leaves 3 to 4 thousand. How were those broken down among prisoners of war, foreign workers, and Germans?
A. Prisoners of war, roughly 500. There were about 300 foreigners, and the rest were German civilians and German military personnel.
Q. Now, these concentration camp workers, were they guarded?
A. They were guarded in their own camps and in some cases on trucks were taken to their places of work on the east Boek airstrip.
Q. And the foreigners, were they guarded?
A. I think they were at first a little guarded or, let us say, not at all.
Q. How about the prisoners of war?
A. The prisoners of war were under a similar condition as there were not very many guards at our disposal—guards were very few.
Q. You talked about the concentration camp people marching back and forth. Were they marching under guard?
A. Yes. They marched under guard.
Q. In the stockade?
A. They were in large camps or huts under stockade and under guard.
Q. Was there barbed wire around it?
A. Yes. There was barbed wire.
Q. And guards walking around?
A. And guards, yes.
A. Armed guards?
A. Yes. They were armed.
Q. Now, you told about passing on these orders about the terror fliers to the Buergermeister [mayor]. The order that you spoke of that you got from the defendant?
A. From the GL.
Q. The GL was Field Marshal Milch?
A. That was Herr Milch.
Q. And you gave those orders on to the Buergermeister about the so-called “terror fliers”?
A. The Buergermeister and county councillors.
Q. And then one day you heard about four fliers who had parachuted or made a forced landing—anyway they came down—and you sent your soldiers over there and you were told that they were not available?
A. No. The officer came back and said that the police had arrested the four pilots who had made a forced landing, contrary to our order and contrary to the regulations where the telephone number of our airfield had to be passed on to the Buergermeister. The report to the Buergermeister had the purpose to inform the airfield as quickly as possible so that from there a truck could pick up the pilots.
Q. Which police had taken these four fliers?
A. Unfortunately, I do not know. The officer of the airfield came back and reported that the police had fetched them. He didn’t see the police. He merely was informed by the Buergermeister of this.
Q. And then what did you do? Did you call the Buergermeister up?
A. No. We passed this on to the airfield and the airfield reported this to the Luftgau. The Luftgau is the next superior office above the airfield.
Q. Did they ever get these four fliers back?
A. No.
Q. They never got them back?
A. I do not know where they were taken to.
Q. You were the second man at Rechlin. You know that these orders were passed on to the Buergermeister that you received through your immediate superior from the Generalluftzeugmeister?
A. I was not the second man. I was E commander—commander of that office. I was purely an expert in I B. I was concerned in this because Colonel Petersen of the SD commando ordered the airfield should make investigations because of the Milch order to the effect that every pilot should be at once taken to Oberursel.
Q. At any rate, you didn’t do anything about this after you heard it?
A. Oh, yes. The report was immediately sent to the Luftgau that the pilots had been taken away.
Q. Did you send the report?
A. No. The report had to be sent by the competent office of the ground organization—namely, the airfield.
Q. You never made any effort to find out what happened to these four Allied fliers?
A. Oh, yes, that was passed on at once and the airfield having received it sent it on to the Luftgau and continued to work on this matter. What happened at the end I could not possibly find out because the Luftgau, the next highest office, had to report on it through those channels of command.
Q. You never tried to find out, did you? Did you ever call up anybody over at the Luftgau and ask them what happened to these four fliers?
A. No. I could hardly do that because I belonged to the testing station and there was a certain amount of dualism. It was rather like air activity on the one hand and the ground organization on the other.
Q. You knew what the Hitler order was about terror fliers, didn’t you?
A. Yes. I learned about this much, much later after this emergency landing in 1944. I heard about this in 1945 when I was interrogated in Munich by the Reich Marshal Special Court.
Q. What nationality were these pilots?
A. I could not say that. I assumed they were Americans, but I could not say that with certainty because we never saw the insignia of the aircraft nor even the pilots themselves as we did not take them prisoners.
Q. Were there any SD units around where you were?
A. In Rechlin itself, no, but my chief, Petersen, and I myself learned later on that we were supervised by the SD service.
Q. You say that in your position you would have heard complaints from any of the workers, of whom you had four to five thousand of whom approximately two-thousand were made up of concentration camp workers, prisoners of war, and foreign workers. You never got a single complaint from any of those people, is that right?
A. No. I can only confirm that repeatedly the foreign workers gave expressions of their gratitude for having this liaison office, which consisted of a sergeant, and for the additional supplies which they thus got from the Stalag. Strictly speaking, we would have been forbidden to enter the concentration camp compound because it was part of Oranienburg, and Oranienburg was an SS agency.
Q. So you never were inside, were you, in the concentration camp?
A. I went repeatedly there. I myself attended the hospital hours. That is to say, I looked at the ill people before they saw the doctor and I asked the doctor afterwards if he needed anything, and thereupon I got the medical supplies from the airfield and for that purpose I was able to do this because I was supported by the order of the GL.
Q. The Generalluftzeugmeister was able to arrange it so you could go into the camp and look around?
A. On the basis of the order where it was my duty to look after the people that they should be well-treated and well-looked after and, therefore, I was admitted into their compound.
Q. And the compound was under the jurisdiction of the SS who had jurisdiction over * * *.
A. (Interrupting) Yes. That was under the jurisdiction of the SS.
Q. And they had jurisdiction over all of the concentration camps?
A. I didn’t know that but all I know is that they came from Oranienburg and that the regulations concerning that compound came from Oranienburg.
Q. You knew that Himmler was head of the SS?
A. I heard about that in 1945.
Q. In 1945 you found out that Himmler was the Reich Leader SS?
A. Yes.
Q. I have no more questions.
JUDGE MUSMANNO: Witness, you mean you did not know, before 1945, of the power Himmler had in the SS?
A. No, your Honor. Particularly in the testing station we did not discuss that nor did we receive many reports there. The attitude of my chief—I may perhaps say here, of the GL himself—it was known what their attitude was towards the Party. We ourselves were under the Gauleiter of Mecklenburg who supervised us. Therefore, we went to no trouble to look into other matters.
PRESIDING JUDGE TOMS: This testing station was in Germany, wasn’t it?
A. Yes. Rechlin is roughly 120 kilometers northeast of Berlin on the Muelef Lake [northwest of Berlin on Lake Mueritz].
Q. And an officer of the German army, 120 kilometers from Berlin, didn’t know who Himmler was until 1945?
A. Of course, I knew that Himmler was a Party member but that Himmler had all the concentration camps under him I really didn’t know until very much later.
Q. But you knew he was head of the SS?
A. I knew that he was an SS commander. I did not know until then that he was the head of the SS.
JUDGE PHILLIPS: How many concentration camp victims did you hear were killed up to 1945, starved to death and killed?
A. I did not know that and I only learned it from press notices which came out in connection with the Nuernberg trials.
Q. How many concentration camp workers were killed in your camp?
A. Nobody was tortured or killed in our camp; not even one man.
Q. Did any of them die a natural death while you were there?
A. Nobody died; I can confirm to the Court that both the health and the individuals’ happiness was such that there was neither case of death nor complaint.
PRESIDING JUDGE TOMS: The name of this concentration camp I must know. What was it?
A. The camp was near Rechlin and was an agency attached to Oranienburg.
Q. That was Oranienburg you were talking about?
A. It must have been a branch of Oranienburg. Up to my resignation on 31 January 1945, neither a torture nor a fatality occurred there. I said that before, your Honor, and I should like to repeat it.
Q. Don’t repeat it.
JUDGE MUSMANNO: How many inmates were there in this camp; what was the population of this camp?
A. The camp was roughly about 1,000 people strong.
Q. And how long were you there?
A. From October 1942 until 31 January 1945.
Q. And you say that in approximately three years’ time there was not one death in this camp?
A. Your Honor, the camp was not founded in 1942; as far as I can remember, it only came at the end of 1943 or early in 1944. I cannot give you the exact figure of the arrivals. I think it must have been at the end of 1943 or the beginning of 1944.
Q. And in all that time there was not one single death in the entire camp?
A. Your Honor, I had not heard of one single case of death. Should one case of death have occurred, it is possible that the SS in Oranienburg would have been told. We ourselves had not heard of one case of death in that camp, but during the day we assigned SS men in various groups.
Q. Do you mean this camp was functioning as a health resort?
A. On that, I can say, your Honor, that after the end of the war, I heard that before the end of the war when people left, they left very reluctantly, because there they were given food just as much as was corresponding to their performance and, in turn, they were actually able to work there.
[134] Generalluftzeugmeister was translated as: Aircraft Master General, Air Ordnance Master General, Chief of Supply for the Air Forces, Chief of Air Forces Special Supply and Procurement Service, Director of Supplies, and Director General of Air Force Equipment.
[135] Word is missing in German original document.
[136] Complete testimony is recorded in mimeographed transcript, 17 Feb. 47, pp. 1189-1204.
B. Medical Experiments
a. Introduction
The defendant Milch was charged with participation in criminal medical experiments. On this charge he was acquitted. Both the judgment and the concurring opinions deal extensively with this topic; also Volume I of this series, and the first part of the present volume, contains considerable documentation from Case I (the Medical Case) on the same medical experiments for participation in which the defendant Milch was indicted. Hence, only a small portion of the evidence on medical experiments offered in the Milch Case has been included in the present volume. Some of the prosecution documents which were directly related to the defendant Milch have been included here as well as the testimony of the defense witness SS General Wolff. Documents NO-285, NO-289, NO-224, 343-A-PS, and 343-B-PS, published as part of the Medical Case, were also introduced in the Milch Case. Further defense testimony on this topic may be found by consulting the official record.
The following defendants in Case I (the Medical Case) testified as witnesses for the defendant Milch: Hans Wolfgang Romberg, Wolfram Sievers, Hermann Becker-Freyseng, Georg August Weltz, and Rudolf Brandt. In addition, six other defense witnesses testified regarding the medical experiments: Erich Hippke, Walter Neff, Dr. Leo Alexander, Siegfried Ruff, Karl Wolff, and Gerhard Engel. See list of witnesses for dates and transcript page references on pages 889-90.
b. Evidence
PROSECUTION DOCUMENTS
Doc. No. Pros. Ex. No. Description of Document Page NOKW-041 113 Sworn statement by Hermann 626 Goering, 27 September 1946, concerning Milch’s position as Inspector General of the Luftwaffe.
NO-219 83 Letter from Dr. Rudolf Brandt 626 to Dr. Rascher, 27 April 1942, concerning medical experiment report for Himmler and Milch.
NO-261 89 Letter from Milch to Dr. 626 Hippke, 4 June 1942, concerning availability of low-pressure air chamber for experiments.
1607-B-PS 115 Letter from Dr. Rascher to Dr. 627 Brandt, 20 July 1942, concerning report on high-altitude experiments.
1607-A-PS 115 Letter from Himmler to Milch, 628 25 August 1942, concerning Dr. Rascher’s report on high-altitude experiments.
1617-PS 111 Letter from Himmler to Milch, 629 13 November 1942, concerning Rascher’s transfer to the Waffen SS.
NO-262 119 Letter from Dr. Hippke to SS 631 Obergruppenfuehrer Wolff, 6 March 1943, concerning Rascher’s transfer to the Waffen SS.
TRANSLATION OF DOCUMENT NOKW-041 PROSECUTION EXHIBIT 113
SWORN STATEMENT BY HERMANN GOERING, 27 SEPTEMBER 1946, CONCERNING MILCH’S POSITION AS INSPECTOR GENERAL OF THE LUFTWAFFE
I, Hermann Goering, swear, depose, and state:
That I am the former Reich Marshal of the German Reich and the former Commander in Chief of the Luftwaffe, that I have personal knowledge of all the facts stated here, and that I know these facts because of the position and responsibility which I had in the German Reich.
That in approximately 1939 the former Field Marshal Erhard Milch was appointed Inspector General [Generalinspekteur] of the Luftwaffe and that as such he was directly responsible to me for the performance of his duties.
That the Inspector General of the Luftwaffe was in charge of all tasks and responsibilities, with the exception of those which were concerned with tactical operations (the latter were handled by my Chief of Staff). The supervision of the inspections, as well as the affairs of the health and medical inspections, was included in the tasks of the Office of the Inspector General. Special questions, however, such as the number of hospitals to be put at the disposal of the individual air fleets, fell within the province of my Chief of Staff.
That Generaloberstabsarzt [Lt. Gen., Medical Service] Dr. Erich Hippke was Chief of the Medical Service [Sanitaetswesen] of the Luftwaffe during the years 1941 till 1944 inclusive; that the Office of the Chief of the Medical Service was directly responsible for the execution of all medical research and experiments; that the Office of the Chief of the Medical Service, i.e., Hippke’s office, was directly subordinated to the Inspector General, the former Field Marshal Milch.
I have read the foregoing deposition consisting of two pages, in the German language, and declare that it is the full truth to the best of my knowledge and belief. I have had the opportunity to make changes and corrections in the above statement. I made this declaration voluntarily without any promise of reward, and I was not subjected to any duress or threat whatsoever. Nuernberg, 27 September 1946.
[Signed] HERMANN GOERING
TRANSLATION OF DOCUMENT NO-219 PROSECUTION EXHIBIT 83
LETTER FROM DR. RUDOLF BRANDT TO DR. RASCHER, 27 APRIL 1942, CONCERNING MEDICAL EXPERIMENT REPORT FOR HIMMLER AND MILCH
Top Secret
XI a-59
Fuehrer Headquarters, 27 April 1942
1198/42 Bra-N
To SS Untersturmfuehrer Dr. Sigmund Rascher
Munich
56 Troger Street
Dear Comrade Dr. Rascher:
The Reich Leader [Himmler] has seen your letter of 16 April 1942. He has shown the same interest in this report as in the one you sent recently. He would like you to make up for him an over-all report on the experiments carried out to date, which he would like to present personally to Field Marshal Milch.
Kind regards to your wife and yourself,
Heil Hitler! Yours
[initialed] R. Br. SS Obersturmbannfuehrer
TRANSLATION OF DOCUMENT NO-261 PROSECUTION EXHIBIT 89
LETTER FROM MILCH TO DR. HIPPKE, 4 JUNE 1942, CONCERNING AVAILABILITY OF LOW-PRESSURE AIR CHAMBER FOR EXPERIMENTS
The State Secretary for Aviation and Inspector General of the Luftwaffe
Berlin W 8, Leipziger Street 7, 4 June 1942 Telephone 12 00 47 Dear Herr Hippke!
According to the agreement with the Reich Leader SS the low-pressure air chamber for experiments in the neighborhood of Munich is still to be available for two further months.
Moreover, Stabsarzt Dr. Rascher is, in addition to his tests in the Luftwaffe, to be on duty for the present for the purposes of the Reich Leader SS.
Heil Hitler! Yours
Generaloberstabsarzt Professor Dr. Hippke
Berlin-Tempelhof.
Copy
SS Obergruppenfuehrer and General of the Waffen SS Wolff
Berlin SW 11.
Heil Hitler! and kind regards, Yours, [signature] MILCH
PARTIAL TRANSLATION OF DOCUMENT 1607-B-PS PROSECUTION EXHIBIT 115
LETTER FROM DR. RASCHER TO DR. BRANDT, 20 JULY 1942, CONCERNING REPORT ON HIGH-ALTITUDE EXPERIMENTS
Stabsarzt Dr. Rascher
Ahnenerbe RF-SS
Munich, 20 July 1942 Top Secret
SS Obersturmbannfuehrer Dr. R. Brandt
Berlin, RF-SS.
Very esteemed Dr. Brandt,
Enclosed please find a copy of the work of myself and Romberg, “Experiments for Rescue from High Altitudes”.
On 14 July 1942, I was ordered by the Reich Leader SS to send you the above-mentioned report. The Reich Leader wants that report to be forwarded to Field Marshal Milch, accompanied by a letter from him, asking Milch to receive Romberg and me for a lecture. I believe to have understood correctly that the Reich Leader thought you would submit to him a letter to that effect for his signature.
I was very glad to hear that the Reich Leader was satisfied with the result of the work at Dachau and with the film, and that he ordered an intensive continuation of the work in that field.
I recommended Romberg for the War Merit Cross 2d Class [“Kriegsverdienstkreuz II. Klasse”] on the request of SS Obersturmbannfuehrer Sievers. SS Standartenfuehrer Dr. Wuest ordered me to notify you hereof.
The Reich Leader furthermore decided on 14 July 1942 that the prisoner Sobota and the two prisoners who work in the dissection room in Dachau should be released and transferred to the group “Dirlewanger.” The exact names are in possession of SS Obersturmbannfuehrer Sievers. The Reich Leader has also issued an order to that effect to Major Suchaneck.
I thank you cordially for everything and remain
Heil Hitler! [handwritten] Very faithfully yours, [Signed] DR. S. RASCHER
TRANSLATION OF DOCUMENT 1607-A-PS PROSECUTION EXHIBIT 115[137]
LETTER FROM HIMMLER TO MILCH, 25 AUGUST 1942, CONCERNING DR. RASCHER’S REPORT ON HIGH-ALTITUDE EXPERIMENTS
Field Headquarters, 25 August 1942
Field Marshal Milch
Secret Dear Milch:
Enclosed please find a report about experiments for rescue from high altitudes, which have been carried out by Stabsarzt Dr. S. Rascher and Dr. med. H. W. Romberg. I saw a film[138] produced by Dr. Rascher.
I consider the results of those experiments as so important for the air force, that I beg you to receive Dr. Rascher and Dr. Romberg
I consider the results of those experiments as so important for the air force, that I beg you to receive Dr. Rascher and Dr. Romberg that, after having seen the film, you will also refer the matter to the Reich Marshal because of its importance.
I would be obliged if you could let me know your opinion in time.
Friendly greetings and Heil Hitler! H. H. [initials of Himmler] 27 August 1942 [initial illegible]
1 Enclosure
TRANSLATION OF DOCUMENT 1617-PS PROSECUTION EXHIBIT 111
LETTER FROM HIMMLER TO MILCH, 13 NOVEMBER 1942, CONCERNING RASCHER’S TRANSFER TO THE WAFFEN SS
The Reich Leader SS
Berlin, SW 11, 8 Prinz Albrecht Street
Field Command Post
13 November 1942 Secret
Dear Comrade Milch:
You will recall that through General Wolff I particularly recommended for your consideration the work of a certain SS Fuehrer Dr. Rascher, who is a medical officer of the air force reserve [Arzt des Beurlaubtenstandes der Luftwaffe].
These researches which deal with the behavior of the human organism at great heights, as well as with manifestations caused by prolonged cooling of the human body in cold water and similar problems which are of vital importance to the air force in particular, can be performed by us with particular efficiency because I personally assumed the responsibility for supplying asocial individuals and criminals, who deserve only to die [todeswuerdig], from concentration camps for these experiments.
Unfortunately, you had no time recently when Dr. Rascher wanted to report on the experiments at the Ministry of Aviation. I had put great hopes in that report, because I believed that in this way the difficulties, based mainly on religious objections to Dr. Rascher’s experiments—for which I assumed responsibility—could be eliminated.
The difficulties are still the same now as before. In these Christian medical circles the standpoint is being taken that it goes without saying that a young German aviator should be allowed to risk his life but that the life of a criminal—who is not drafted into military service—is too sacred for this purpose and one should not stain oneself with this guilt; at the same time it is interesting to note that credit is taken for the results of the experiments while excluding the scientist who performed them.
I personally have inspected the experiments, and have—I can say this without exaggeration—participated in every phase of this scientific work in a helpful and inspiring manner.
We two should not get angry about these difficulties. It will take at least another ten years until we can get such narrow-mindedness out of our people. But this should not affect the research work which is necessary for our young, splendid soldiers and aviators.
I beg you to release Dr. Rascher, Stabsarzt of the reserve, from the air force and to transfer him to the Waffen SS. I would then assume the sole responsibility for having these experiments made in this field and would put the results, of which we in the SS need only a part for the frost injuries in the East, entirely at the disposal of the air force. However, in this connection I suggest that with the liaison between you and Wolff, a “non-Christian” doctor should be entrusted who ought to be not only a fully qualified scientist but also a man not prone to intellectual theft and who could be informed of the results. This doctor should also have good contacts with the administrative authorities so that the results would really obtain a hearing.
I believe that this solution—to transfer Dr. Rascher to the SS, so that he could carry out the experiments under my responsibility and on my orders—is the best way. The experiments should not be stopped; we owe that to our men. If Dr. Rascher remained with the air force, there would certainly be much annoyance; because then I would have to submit to you a number of unpleasant details caused by the arrogance and presumptousness which Professor Dr. Holzloehner displayed in the Dachau military post—which is under my command—during conversations with SS Standartenfuehrer Sievers about my person. In order to save both of us this trouble, I suggest again that Dr. Rascher should be transferred to the Waffen SS as quickly as possible.
I would be grateful if you ordered the low-pressure chamber being put at our disposal again, together with the differential pumps [Stufenaggregatpumpen], as the experiments should be extended to even greater altitudes.
Cordial greetings and Heil Hitler!
TRANSLATION OF DOCUMENT NO-262 PROSECUTION EXHIBIT 119
LETTER FROM DR. HIPPKE TO SS OBERGRUPPENFUEHRER WOLFF, 6 MARCH 1943, CONCERNING RASCHER’S TRANSFER TO THE WAFFEN SS
The Inspector of the Medical Service of the Luftwaffe
Berlin W 8, Leipziger Street 7, 6 March 1943
File No. 2299-43 secret Inspectorate
Dear Obergruppenfuehrer Wolff!
State Secretary Milch has given me your letter of 21 November last year—Diary No. 1426/42 top secret—regarding the release of Stabsarzt of the Luftwaffe Dr. Rascher to the Waffen SS.
I am prepared to release Stabsarzt Dr. Rascher from the Luftwaffe, even after the Reich Physician of the SS, SS Gruppenfuehrer Dr. Grawitz explained to me that he was unable to give me a replacement; I shall put him at the disposal of the Waffen SS if Rascher himself desires this release. I shall ask him about that.
Your conception that I, as the responsible director of all medical-scientific research work, would have been opposed to the chilling experiments on human beings and so retarded their development is erroneous. I immediately agreed to the experiments, because our own previous experiments on large animals were concluded and supplementary work was necessary. It is also highly improbable that I, who is responsible for the development of all possibilities for rescuing our airmen, would not do everything possible to further such work. When Rascher explained his wishes to me, I agreed with him immediately. The difficulties, Mr. Wolff, lie in an entirely different sphere: it is a question of vanity on the part of individual scientists, every one of whom _personally_ wants to bring out new research results, and very often it is only with great effort that they can be led to work unselfishly for the common good. None of them is without guilt in this respect; Rascher is not either.
If Rascher wants to build up his own research institute within the framework of the Waffen SS, I have no objection. All research work within the field of aviation medicine—that is, altitude—moreover, is under my scientific supervision in my capacity as director of German aviation medicine. This institute would then be under the supervision of the Reich Physician of the SS, SS Gruppenfuehrer Dr. Grawitz.
Momentarily, however, this work _cannot_ be carried on because its continuation would require a low-pressure chamber in which not only the _altitude_ of the stratosphere, but also the stratospheric _temperature_ can be established. But there is no such chamber available in Germany as yet; a large chamber is being built in the new Berlin Research Institute for Aviation Medicine, and I hope I shall be able to have it completed in the course of this year.
If Rascher, on the other hand, wishes to conduct other experiments not concerned with altitude and chilling problems, these would not be under _my_ supervision (_aviation_ medicine) but under the supervision of the Medical Inspector of the Army (_military_ medicine), whom he would have to contact.
I am going to talk over all these problems with Rascher in old comradeship, and I shall again notify you.
With respectful compliments and Heil Hitler! [Signed] HIPPKE
[137] When this document was introduced, Dr. Bergold made the following statement (_Tr. p. 457_): “Please let me have the photostatic copy of the original, so that I can make a statement.
“I merely wanted to find out on the copy, whether there was any ‘receiving’ mark. Later on, in the course of the introduction of evidence, I shall prove that all letters which are not signed with a red pencil and do not carry the initials ‘Mi’ were never seen by the defendant Milch but were forwarded directly. This letter does not show the initials ‘Mi’.
(Stepping forward and showing the Tribunal the document) “May it please the Tribunal: Milch, whenever he received the letter, added his initials ‘Mi’; at all times, when Milch received a document, he indicated the receipt with a date; he initialed with a date. These letters, which do not show the initials, were received by his office but were not shown to him. At a later date, I can prove this. I just wanted, at this time, to call the Court’s attention to it.”
[138] When this document was read, Presiding Judge Toms asked (_Tr. p. 458_): “Mr. McMahon, do you know whether the film referred to in this letter is available?”
MR. MCMAHON: As far as we know, your Honor, it is not available. In regard to the one [letter] just referred to, I would like your Honor to understand that the copies which we have come from the secret files of Mr. Himmler, therefore, cannot show the initials of Milch, and so, in fact, would not show that Milch had seen that. This letter was received from the files of Himmler and would not have the initials of Milch, saying that he had received this particular letter.
C. Curriculum Vitae and Excerpts from the Testimony of the Defendant Milch
TRANSLATION OF DOCUMENT NOKW-269 PROSECUTION EXHIBIT 59
_A SHORT CURRICULUM VITAE OF FIELD MARSHAL ERHARD MILCH_
Date Position Activity 30.3.92 Date of birth. 24.2.10 Officer candidate First Foot Artillery Regt. 18.8.11 Lieutenant Recruit training. 1.8.14 Lieutenant Adjutant, 2d Bn., Reserve, First Foot Artillery Regt. 2.7.15 Lieutenant Air Force, Reconnaissance Observer. 18.8.15 First Lieutenant Air Force, Reconnaissance Observer. Winter 16-17 First Lieutenant Air Force, Adjutant of a unit. 1917 First Lieutenant Chief of the Fifth Air Squadron. 1918 First Lieutenant Detached service, commander of an Inf. Company; Detached service, commander of a Field Artillery Battery. 18.8.18 Captain Air Force, commander of 204th Air Squadron, commander of Sixth Fighter Group. 1919 Captain Commander of 412th Border Guard Squadron. 1920 Captain Detached service, commander of Police Air Squadron. End of 1920 Captain Resigned from military service. 1921 Lloyd-Ostflug, later Civilian air transport Danziger Luftpost company, Operation chief; Civilian air transport company, Manager. 1922 Junkers-Luftverkehr & Head of Traffic Danziger Luftpost Department—Organizer of air lines with Switzerland, Austria, Hungary, Latvia, Lithuania, Poland. 1923 Junkers-Luftverkehr & Id. Danziger Luftpost 1924 Junkers-Luftverkehr & Head of air expedition to Danziger Luftpost South America. Business travel to the U.S.A. 1925 Junkers-Luftverkehr Head of General Administration. Nov. 1925 Deutsche Lufthansa Member of Technical Board. Summer 1928 Deutsche Lufthansa Id. and Business Director. 30.1.33 Id. and Deputy Reich Id. concurrently with Commissioner for direction of aviation under Aviation supervision of Goering. March 33 Deutsche Lufthansa and Id. in the Reich Ministry of State Secretary Aviation. May 1933 Join NSDAP Party member without assignment of tasks for Party. Sept. 1933 Activated as Colonel Party membership suspended. 1934 Brigadier General Reich Air Ministry and Deutsche Lufthansa. 1935 Major General Reich Air Ministry and Deutsche Lufthansa. 1936 Lieutenant General Reich Air Ministry and (Air Force) Deutsche Lufthansa. Inspector General of the Air Force 1938 General 1.9.39 General To operational Air Force. 11.4.-5.5.40 General Commander of Fifth Air Fleet. Since 10.5.40 General Inspector General. 19.7.40 Field Marshal Inspector General. Nov. 41 Field Marshal Id. and Chief of Air Force Material (Development, testing, procurement of Air Force material). April 42 Field Marshal Central Planning Board; Allocation of raw materials. March 44 Field Marshal Establishment of “Jaegerstab”. Raising output of fighter craft. 20.6.44 Field Marshal Resign posts of State Secretary and Chief of Air Force Material. Jan. 45 Resign post of Inspector General. March 45 Field Marshal Hitler declines my reinstatement. 4.5.45 Field Marshal Taken into British custody in Holstein.
1 November 1946. [Signed] ERHARD MILCH
EXCERPTS FROM THE TESTIMONY OF DEFENDANT MILCH[139]
[March 11]
Erhard Milch, the defendant, took the stand and testified as follows:
JUDGE MUSMANNO: The defendant will raise his right hand and repeat after me: I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will withhold and add nothing.
(The defendant repeated the oath.)
JUDGE MUSMANNO: You may be seated.
_DIRECT EXAMINATION_
DR. BERGOLD: Witness, I do not have to tell you the same thing I tell all the other witnesses; namely, that you should speak slowly and all that. You have heard that several times.
Give your full name.
DEFENDANT MILCH: Erhard Milch.
Q. When and where were you born?
A. On 30 March 1892, in Wilhelmshaven.
Q. Who were your parents?
A. My father was a clerk with the Kriegsmarine [navy], and my mother was born Vetter.
Q. What education did you have?
A. I attended the Gymnasium in Wilhelmshaven, and then from 1905 on I went to the Joachimsthalsche Gymnasium in Berlin.
Q. When did you matriculate?
A. In February 1910.
Q. What did you study then?
A. I didn’t study, but four days later I went to the First Foot Artillery Regiment in Koenigsberg in East Prussia, and I joined that regiment as a cadet.
* * * * *
Q. Witness, what was your position in the Third Reich in 1933?
A. I was State Secretary at that time; at first, it was not called a ministry. It was called the Reich Commissar’s Office, because formal measures for the formation of a ministry had to be considered both with the Reich President as well as the Reichstag. At first, Goering was Reich Commissar and I was Deputy Reich Commissar for Aviation. I think it was in March that the Reich Ministry was formed; and at that moment I became State Secretary.
* * * * *
[March 12]
Q. * * * Witness, is it correct to say that in your capacity as Inspector General you had to make trips abroad too, that is, you had to take care of the comradely relationship with the air forces of other countries?
A. * * * Perhaps I can look up some notes to check the dates of my trips. The visits which I made were only, some of them, in my capacity as Inspector General. Some of them were made for purely personal reasons, relations with people. For instance, the first visit which I made at the request of Van Zeeland, the Belgian Prime Minister, that must have been about 1936. I visited Belgium. The Belgian Ambassador in Berlin, Count Kerkhove [Kerchove de Deuterghem], was a personal friend of mine. One day he asked me to go to Belgium with him; the Prime Minister Van Zeeland would like to see me. I was very astonished at this idea and I asked him what the matter was. I then told him that I had to have the permission of my superior officers. I received it. This was an entirely private journey. The purpose of the trip, as I realized in Belgium, was that Van Zeeland wished to come to terms with Germany, not only formally but full-heartedly. Belgium, since the First World War, had a treaty with France and was under an obligation to come to France’s aid militarily by agreement with France. Van Zeeland wished to renounce that treaty, and he wished to have similar terms with France as with Germany. Belgium was also prepared in economic matters, which was a very urgent point for Germany at the time, to make concessions, far-reaching concessions. The visit started with a brief call on the King, who did not refer to the purpose of the visit. This was purely a courtesy call, but this call gave support to my trip. I saw that the Prime Minister acted in accordance with his King. The plan as such—although as I emphasized several times I am not a politician and it was not my intention to interfere in foreign office matters, but here von Neurath entirely agreed with my visit. He had not the bureaucratic mind—the plan impressed me. Rather, I saw the possibility to create friendly relations between Germany and Belgium, and via Belgium to France, and later on via France to England itself.
I was convinced that the over-privileged policy of balance of power no longer applied since the First World War. The powers in Europe had been dislodged too much and joint friendship between France and Britain was definitely a British interest in that sense.
When I returned I reported orally to von Neurath who entirely agreed with that point of view. I also reported to Field Marshal von Blomberg, who, apart from Goering, was my military superior. He took the same line. I reported to Hitler and Goering. Both received my report but did not express their own opinion. To my question whether and what I could tell the Belgian Ambassador, I was told that would have to be done through other channels, not through me. My orders had come to an end by giving this report. This was my first visit and it was entirely unofficial.
Then I went to Belgium in May 1987. At that time, as a Luftwaffe man, I was officially received by the Commander in Chief of the Belgian Air Force, General Duvivier; also by the Minister of War and other officials. That was a very friendly visit which also led to very good personal relations between ourselves and their pilots.
I was particularly interested in Belgium because in the First World War Germany had marched through Belgium, had violated Belgian neutrality, and had to make up for this now. I believed that the views as expressed by Belgium on both occasions were aimed at finally burying the hatchet. I assumed that there was a direct connection between my Belgian visit and a visit by the French Ambassador Poncet who came to call on me in my office and extended an invitation by the French Government on the occasion of the International Exhibition. That visit took place from 4 to 9 October 1937 in Paris with the full approval of Goering and Hitler. The visit was most impressive since I believe it was the first time since 1867 that a German officer was able to pay an official friendly visit to France. The French told me with the greatest satisfaction that that was the first time the French Company of Honor had presented its arms since the Prussian Crown Prince had visited Paris in 1867.
The French made great efforts to make the visit a success and I must say they succeeded all along the line. The main point was joint military inspections. Very cordial words were exchanged with the generals of the French Air Force. I was accompanied by Udet and Count Kerkhove [Kerchove de Deuterghem] who also had very good relations with France from other times. The central point perhaps of the visit and its real purpose occurred after a lunch given by Pierre Cot, the Minister of Aviation. On my other side the Foreign Minister was sitting, and also the Minister of the Navy was there. After lunch the three French Ministers, Wilmer, the Commander in Chief of the French Air Force, Udet, and myself remained in a special room and the French Foreign Minister asked me to take home with me some propositions made by his office.
I should add that our German Ambassador in France was also there, also in the smaller circle. When I said that I didn’t want to interfere in his business, he himself did not take any notice of it. He said that the most important thing was to report to Hitler on my impressions. He himself could not approach Hitler. The Ambassador was then Count Welczeck. I was extremely surprised; I had no idea. I couldn’t imagine that the Head of State should not see his own Ambassador. On that basis I said I would only act as a postman, and as such would transmit what I would be told. I would give my very best own will.
The contents of the conversation were to have a far-reaching agreement between the two countries, the main purpose being to establish a really permanent and lasting peace between the two countries. I was able to take over this assignment with the best conscience in the world. After all, I said yesterday what I thought of military events in Europe in the last thousand years. My impression was that the Foreign Minister was very serious in this business, nor did I have any suspicions that this might be a political trap and the Air Minister Cot who was always described as communist in Germany, gave me a very good impression indeed, and our conversations were very intimate and very frank.
The French Foreign Minister at that time was called Delbos. The farewell on the Le Bourget Airfield led to fraternization between all of us, and between ourselves and five or six of the highest French generals. I must not forget that one of the oldest French generals, General Keller, expressed with tears in his eyes that he was convinced that the thousand years war between France and Germany was now a matter of the past. We also were deeply moved.
On 9 October I flew from Paris to Berchtesgaden and reported to Hitler at once. He ordered me to report to him as soon as I had returned. I may perhaps say quite generally I could only see Hitler if Goering gave me permission or ordered me to do so, or, of course, if Hitler himself ordered me to come and see him. I myself could not go and see him as I was merely a subordinate.
In the presence of Udet I gave a report to Hitler lasting over two hours on the evening of the 9th of October, when my impression was still very fresh. Hitler listened very attentively, asked a number of detailed questions. I could tell him all about the various details which we saw and heard, not so much the military ones, but the political details. I could never talk enough about these things. After all, it was a fairly long conversation with the Head of State. I recommended all these things very warmly and I asked him to take this extended hand and he would represent the greatest glory if he would succeed in coming to a lasting agreement with France based on the very far-reaching economic community between the two countries.
I compared this with the time of the German Customs League prior to 1870 when the German states were linked together only through this Customs League. I recalled to his memory that both countries, France and Germany, had been a unit and a community for centuries at one time, and what was greatness at that time today merely meant a normal state. I want to express in particular that nobody pleaded that the two countries should be politically linked together but that political collaboration was a necessity.
On 11 October, two days later, the Italian Ambassador called on me—
Q. Just a minute. I have to ask another question. Is it correct that during this conversation you also offered to go as a special envoy to France and to complete this task?
A. Oh yes, I told him that Count Welczeck should be called to Hitler in order to give a report. Hitler said no, that is not necessary. I then said that he must have somebody, if he wished to pursue this matter, who enjoyed his confidence and also the confidence of the government to which he was sent. I told him that I was prepared at all times to serve under Welczeck as a special envoy only for that one task. I explained to him that I regarded Welczeck as a man who enjoyed the confidence of the French Government, and that it would be a pity if Hitler would not see that man more frequently.
Q. Witness, did Hitler take a position on this question or did he keep silent again as he did before?
A. Apart from putting questions to me he didn’t say anything decisive at all. After all, I was not a Foreign Office official, and I could hardly expect him to do so. Perhaps later on I can describe what I did as far as Neurath is concerned.
Q. But before that I would ask you one more question. In Belgium and in France were you told why you of all persons were approached by these foreign countries and had the confidence of these countries?
A. The Belgians were explicit on that point. When I told Count Welczeck that, after all, the Foreign Office was concerned here; that it would not serve any useful purpose, he replied, “That will not be read higher up. If you are the soldier coming to Hitler, he will listen to you, for, after all, soldiers are your trump cards at the moment. Also we have confidence in you, confidence that you will at least be able to see Hitler; and he also has the confidence that you personally will do your best in this respect.”
Q. Witness, at that time did others also approach you, other diplomatic representatives, and lend you their confidence?
A. Yes.
Q. Did you have the confidence of Mr. Messersmith?
A. Oh, yes, Mr. Messersmith; but that was before all this. I think that really took place in 1933, ’34 or perhaps in ’35. He visited me three times. When he was the Consul General of the United States, he had some difficulties with some American subsidiary companies in Germany. One was Standard Oil, as far as I recall. I asked him why he wanted to see me since that was not my business. Then he said that he had full confidence that I would look after his interests. He had been told by other diplomatic representatives that I was able to help him.
Q. All right. Now, Witness, we come to the steps you took after your report to Hitler, the steps you took later on. I ask you to tell about that briefly.
A. Perhaps I’ll do that. It was after my visit to England.
Q. Very well, go ahead.
A. On 11 October 1937, the Italian Ambassador came to see me. That was Professor Attolico. He told me that the Italians had got very excited at my Paris visit. It was believed that I had gone to make arrangements there which were in contradiction to German-Italian agreements. I calmed him down at once without giving him too many details; but he asked me to pay a brief visit to Italy before going to England. We had been asked to go to England on the 17th of October. An air force exhibition in Milan was the occasion; and I was asked to open that exhibition on the 12th of May. That, of course, was headlined by the Italian papers. Attolico came and saw me after this and expressed his gratitude. He said that Delbos had put a trap in front of me.
PRESIDING JUDGE TOMS: The witness gives the date as the 12th of May. Is that what he meant for the exhibition in Milan?
A. 12 October.
PRESIDING JUDGE TOMS: What year?
A. In October 1937. I went to Italy and then to England. The visit had been arranged by the Royal Air Force as a reply to the visit paid to us by the Royal Air Force in January 1937. At that time figures were exchanged between us on planned armaments, that is to say the figures concerning bombers, fighters, and so forth, by agreement with Goering and Hitler. Here again the intention existed to know exactly what the other was doing. The other point was the intention to come to terms on all these questions.
The visit to England lasted until 25 October. England had quite a lot to show. The air force was very well organized and had first-rate personnel. The visits were very cordial. Political conversations of an official nature were not held; but unofficially we spent an evening in a club, in a very small circle of ten people, perhaps less than ten. Lord Swinton, who was then Minister of Aviation, took part, as well as the leader of the opposition, Mr. Churchill, and Lord [Rt. Hon.] Amery, Secretary of State for India, and from the British Air Force, Lord Trenchard.
We had brought General Stumpff and of course General Udet. This was more in the nature of a personal contact and political questions were not touched upon. The other hosts had told me before, “Today you meet your first and second best enemy. Don’t be confused by this; but if there is an attack, hit back.” That is what happened; but it was a very jolly evening.
Before we took off again, that is to say on 24 October, Mr. Eden, the Foreign Secretary, rang me up. He said that he had been busy all the time before, but could I see him now. I said that I should be delighted but that a program had been arranged for us by the RAF to visit an airfield tomorrow. I asked that if the program could be changed, would he please contact the RAF. He told me that perhaps that would be a bit too complicated and asked if perhaps I could see him later on. I could be with him in two hours and thirty minutes since that was how long my aircraft took from Berlin to London at that time. Unfortunately I never saw Mr. Eden.
I reported about that trip to England on 2 November. The report took over two hours. Hitler was much more accessible than when I talked to him about France. I reported particularly my talk with Mr. Churchill and drew his attention to the seriousness which was expressed. Hitler immediately interrupted me. He said, “Please do not worry at all; never in my life will I do anything against Britain. The basis of my whole policy is collaboration with Britain.” These words calmed me considerably. I immediately explained to him once more that the way to come to terms with England would be by Brussels and Paris, and I explained why.
I saw von Neurath on 11 October on the trip to France; and on 28 October I reported to him on my trip to England in great detail. All I could tell him at the time was what Hitler had said or had failed to say about France. Neurath again was very impressed with me for having worked for him in this sense. I was in agreement with him that without any further invitations by him or Hitler I must not take any further steps.
Then on 1 November 1937 I went and saw Field Marshal von Blomberg who at that time was Commander in Chief of the Armed Forces, that is to say, Goering’s military superior. I reported to him. Blomberg in all things entirely agreed with me, as had Neurath. Goering at that time did not have enough time to see me. I asked on several occasions to be allowed to report to him on these very important matters; but this did not happen because he simply declined.
Q. Witness, I think we can leave this field now. Will you only explain briefly to the Tribunal whether you received foreign delegations, and of which nations, and what happened at those occasions?
A. I said before that the British had visited us in January 1937. After that I had perhaps five or six visits from Englishmen. The French paid a return visit in 1938. On that occasion again we returned the very cordial welcome which the French had given to us. We showed the French our troops and factories. Yesterday, reference was made by the witness Vorwald[140] to this, who said that we only showed what the troops had at their disposal at the time and what expressly had been permitted to be shown by Goering, after a request had been made by the competent department of the General Staff. I know that somebody has alleged that Hitler at the end of the war said I had shown secret methods to foreign visitors and damaged Germany thereby. That is a slanderous statement. It was alleged that I had shown radar instruments, and at that time we didn’t have any radar at all.
* * * * *
Q. Witness, were you ever Goering’s deputy in this capacity, and how long?
A. Until 1937 I was his deputy, and all offices in the Luftwaffe which were subordinate to him were also subordinate to me. This applied to the execution of orders. From 1937 onwards I was his deputy only in my own sector, and this automatically as Chief of the General Staff in his field, which applies also to the Generalluftzeugmeister. In any case it was within my capacity to deputize for Goering in all matters as I was the second senior officer of the Luftwaffe, and this was done only by way of rank. But Goering reserved the right to appoint a deputy in general, that is, especially always only for the Luftwaffe. This authority he did not confer upon me. Even when he was on leave he kept this right, he retained his command. I agreed with this arrangement personally.
* * * * *
Q. Witness, what was the position at the beginning when you took over the duties of GL? What measures did you take, and what was your aim?
A. I can be brief in this connection, at least in regard to the first point. General Vorwald yesterday spoke at length about it. No useful developments for the immediate future were available. No bomber aircraft of a new type was in existence, and as to mass production we stood very poorly, as I previously described to you. Painstakingly we had reorganized on 1 September, and it was only because of the extreme devotion of industry and because of the faithful service rendered by our German workers and those who helped them that it was possible to, shall we say, bring about a miracle.
The production figure in bombers was reached once more in the shortest of time, in the spring of 1942. There was not a single individual instance where our program as we had set it for ourselves was not reached. This was something extraordinary. In the case of fighters, there was a good type of fighter aircraft, or even two; namely, the Focke-Wulf and the Messerschmitt, but there were no engines for those fighters. We had to use incomplete engines to equip these aircraft, and on the strength of my experience collected in my capacity as director of the Lufthansa, I had to have tests carried out. My testing department in Rechlin was excellently staffed, the commander being an excellent pilot and technician, and it was due to their devotion that in a few months we managed to get even these new engines ready although, according to human estimate, we could not expect it. It was more through luck than intelligence that we got that.
Now that was the situation as I found it. The new organization, of course, had not been started up, and I had to collect a few new, extremely good experts. The men who were working there independently were rather downhearted for a long time. As experts they had lost any doubt in the outcome of the war, and they did not believe that it would be possible once again to start up our armament program.
The total number of aircraft in production was something in the neighborhood of 800. That included trainer aircraft, transports, liaison aircraft, such as the Storch; it even included towing aircraft which were to be used for parachutists. As far as fighters were concerned, production of those, when it was removed from under my care, had increased by only about ten percent, although ’37, ’38, ’39, ’40, ’41—four years—five years—had elapsed. The saddest fact was that among those 800 there were only 200 fighter aircraft, although both on the British front and in the East, fighter planes were necessary. The Russians had at their disposal a very large number of bombers, and even if they were an elderly type, after all, we did have to have fighters to keep them in check, and since the transport extended from the North to the South over 2,000 kilometers, a large number of fighter units had to be used in that campaign. This arm could not be supported with 200 fighters. We needed more.
The demand which I found from the General Staff, which of course made all demands and had them confirmed by Goering, amounted to a total of 360 fighters which were to be obtained in 1942. It was said yesterday that immediately I ordered a considerable increase. Several figures have been mentioned by various witnesses. Actually, these increases were not decided upon in one day. To begin with, it was to be doubled and a few days later I said, “Let’s make it 1,000; that’s a round number,” and later, in fact, there were 3,000 and later even we planned 5,000. We knew at about that time just what we had to expect from our enemies. We knew the types they had.
America, in the initial period, still published their production figures correctly subdivided according to types, and we also had an excellent intelligence, and from analyzing aircraft that had been shot down and from the numbers which were coded, and which could be deciphered by an expert right away, we could discover right to the very last number what they had produced. That was production that had been actually carried out, and the figures found in the United States were not fictitious. Industry, although with a certain amount of reticence and difficulty, but certainly afterwards quite clearly fulfilled these figures. I still know exactly that the plan ran to about 8,000 aircraft, and was achieved, and that figure included four-engine bombers. Production under Britain’s rearmament, too, was learned in detail, and I remember at the time Great Britain was either already producing 800 four-engine bombers a month or was just about to produce that number.
You could calculate from that the number, the quantity of bombs which could be brought to Germany, and regarding the function and size of the bombs, of course we knew about that too. This was, of course, the reason that previously as Inspector General I demanded that the entire force should be built to defend our home country, this being the fundamental principle of warfare, since without armaments and life at home, battles at the front were unthinkable. I shall later have to come to this question in more detail because I am probably the man who remembers this most accurately, and as long as I am still about I would like to state this clearly once again, because this is one of the most important questions which probably existed in every war. This was the biggest struggle that went on, and as I look back on it today I am surprised that I did not despair over that struggle myself.
Q. Witness, those measures which you planned, were they dictated by the thought that with the campaign against Russia the situation of Germany would become desperate?
A. As I said earlier, the war on two fronts was the stab in the back of this war as far as I was concerned, that I thought excluded victory once and for all, and the only remaining question now was just how badly fleeced we might escape from this whole affair. It was no longer possible in my opinion to end this war by force of arms. It was only possible by means of arms to attain a somewhat satisfactory final position on the strength of which political and diplomatic steps would have to take place. In order to achieve such a final position it was necessary in the first place that Germany should be protected against destruction, because once the war potential was destroyed it was immaterial whether the fronts collapsed a little earlier or a little later. They could not be held any longer. This thought, unfortunately, was not understood by our leaders, or rather they did not agree with it and turned it down and just did not come to it. The end did not come until there was hardly one stone left intact.
Q. Witness, in this connection I should like to ask you to show the correctness of your present report and to prove that from the very start you had these thoughts, and to submit to the Tribunal the remark you had made in your diary when the Russian campaign started.
A. I wrote in it, “The attack against Russia: the first day 1,800 aircraft destroyed, mostly on the ground. The Russians left them there. They didn’t expect that we would attack. They overestimated our intelligence.”
Q. What did you want to say by these words, “They overestimated our intelligence?”
A. Well, the Russians might have thought that no opponent would be so foolish and so stupid to attack them now and create a war on two fronts.
* * * * *
[March 13]
Q. Witness, do you know at what point the Central Planning Board was ordered and how did the creation of this institute come about?
A. Its creation must have taken place during the last days of March 1942. It originated from a discussion which Speer had with Hitler in the latter’s headquarters. At the time when Speer had taken over armament there was no higher authority which was acting according to clear-cut points of view when distributing raw material. Until then we had been receiving raw material through a certain department of the OKW. This department in turn had been getting it from the Four Year Plan. The OKW was distributing to the army, navy and air force but this department had no expert knowledge. Consequently the continuity of armament suffered under this. Speer quickly recognized the state of affairs and without my having previous knowledge of it he tackled this question when talking to Hitler. As a result Hitler appointed Speer as the central planner for this subject. Subsequently Speer made the request that I should take on this task together with him, since Speer had been in the armament business rather briefly and since he said I would be able to help him—at least this was the way Speer discussed the matter with me shortly afterwards; I, myself, hadn’t been at that conference. Following this, on 2 April 1942, Speer and I together went to see Goering since Speer considered that this task, which, after all, was connected with the Four Year Plan, should be discussed with Goering. Goering expressed agreement but he demanded that a representative of State Secretary Koerner, who was in official contact with the Four Year Plan should enter the Central Planning Board. I know that Speer said at this point: “It seems to me three are rather too many for this job”, and I said “Well, I am only too willing to drop out. I have enough work as it is,” and Speer interfered and said that was out of the question. Goering said: “No, it is my view that there can be three.” That is how the composition of the Central Planning Board was realized. I can anticipate at this point that very much later Minister Funk joined the Central Planning Board as a force which was done at the instance when the so-called “War Production”—and in this case we are not talking about the armament business but civilian requirements and the like—was transferred from Funk’s Ministry to Speer’s Ministry.
Q. Witness, did you, within the framework of the Central Planning Board become the armed forces’ or air forces’ representative?
A. No, right at the very beginning that had been decided upon by Hitler that, namely, that in no way was I to look after my own interest there, that is to say, the interest of the air force, that I should be above the Party. Later on there were demands from the navy, which had not known about this arrangement. They, too, wanted to have a representative in the Central Planning Board. * * *
Q. Witness, what were the actual tasks of this Central Planning Board?
A. The tasks had been communicated to me by Speer and had been confirmed through Goering. There was only distribution of raw materials to all holders of priority permits.
Q. Witness, what is what you call the “holder of a priority”?
A. Well, the armed forces are such priority holders, and within the armed forces the navy, army, and air force are holders of these priorities. The coal industry holds these priorities; the steel industry; the textile industry; the German cities and municipalities, for their municipal requirements; the power supplying industry.
Q. What about agriculture?
A. Most certainly agriculture, for agricultural machinery requires steel, requires coal, requires all sorts of things. Altogether, the forms according to which we used to distribute, and which contained the word “armament” on the left, contained on the right all the civilian purchasers, all the buyers. There were approximately 40 to 45 civilian holders of these priorities.
Q. But then what did the Central Planning Board have to do with the Four Year Plan, to which there seemed to be some sort of formal connection through Speer?
A. The Central Planning Board as such had nothing to do with the Four Year Plan; only Speer, in his capacity as Armament Minister.
Q. Did you ever report to Goering about the Central Planning Board?
A. No, with the exception of that first meeting on 2 April 1942, when the matter was reported to him. Apart from that meeting, I have never talked to him or with him about the Central Planning Board. * * *
* * * * *
Q. From whom did the Central Planning Board have instructions?
A. Directly from Hitler.
Q. Through which channels were they given?
A. Speer was with Hitler practically every week, for the reason of army supplies, or other questions, sometimes staying with Hitler for several days. On such occasions Hitler would mention his most important problems. For instance, he would mention the sequence of priorities of the various armament branches, which I explained to you yesterday. Quite automatically, through this, the approximate priority ratings were laid down. However, within the individual spheres, because of the events of the war, there were current changes: At one moment one type of tank, and then at another moment, another type of tank; or first one type of gun, and then another type of gun, would be more important. That, of course, necessitated considerable rapid changes in the allotment of raw materials. That was the case, and to an even stronger degree, in the case of munitions, so that currently, probably during every such conference which took place in his office, Hitler used to express special wishes, which of course meant orders for us.
I personally took part in such conferences on nine occasions. Occasionally Speer would take me along to have me appear on the stage there, as he would put it. However, that ceased almost completely during the last years. Anyway, I know for certain, according to my documents, that I was there nine times.
Let me add at this point that State Secretary Koerner[141] was never there. Speer did not think that it was necessary for him to be taken along, and Koerner would not impose his presence either.
Q. So that during such a meeting for the receiving of orders of the Central Planning Board, Koerner was never there?
A. No, he was not there, and he did not know about it either. He didn’t know, therefore, how strongly Hitler interfered in this sphere by giving orders.
Q. But didn’t you always report to him, either you or Speer, in the case of the meetings of Central Planning Board?
A. It might have come as an aside during the meetings; one of us might have said, usually Speer, “Hitler has given this or that order,” but that wasn’t anything very noticeable to Koerner.
Q. Was it only because of the Central Planning Board that Speer went to see Hitler?
A. No, that was one very small portion of all the other discussions, because Hitler was interested, to an extraordinary degree, in army armament, and even right down to the most minute detail. He himself decided, on his own initiative, the thickness of armor on armored fighting vehicles; he decided upon the caliber and type of gun which should be fitted to tanks; he decided the thickness and the caliber of antitank defensive armor; he himself laid down, personally, the supply rate of ammunition for every type of gun. I had an awful lot of difficulty with him over antiaircraft ammunition in that connection, since Hitler would never depart during that time, from anything which he had once laid down. He had changed a great deal from his prewar days.
* * * * *
Q. Witness, it is your opinion that even this first record of the Central Planning Board meeting is inexact and does not correspond with the true discussions which took place?
A. May I state quite basically in connection with this that I hardly ever had my deputy with me when I went to the meetings; he had a lot of other assignments and their meetings went on for several hours. Koerner’s deputy, the representative whom he brought along, always kept the minutes in the sense of observing Koerner’s meaning. Sometimes I did read through these brief minutes, and I might say that I pointed out to Koerner and Speer that facts always seemed altered considerably, but all three of us used to laugh about it, and with a flick of the wrist we used to consider it quite unimportant to have these minutes altered afterwards because all of these minutes appeared of no importance whatsoever. What was important were decisions of the Central Planning Board, and they were taken down most exactly, and they contained to my knowledge only contingencies of raw materials such as we had distributed. * * *
Q. Witness, on this occasion we might touch upon the value or lack of value of the so-called verbatim minutes, now that we have come to this subject, don’t you think? These verbatim minutes, which are very comprehensive, very voluminous, even with reference to one meeting, there was a whole volume it seems. Were they examined?
A. No. That wasn’t possible. I might have examined one or the other minutes at the beginning, and I did on one occasion try to make improvements, but I found that it contained so many mistakes that the time of reading and improving them would have amounted to fifty percent more time than the actual meeting. These meetings often went on for four or more hours or so, and I really did not have the time to sit down for something like six hours afterwards in order to put the minutes right. I know that there wasn’t any one who read through them, and I didn’t really know why these records, these verbatim records, were prepared. I thought perhaps it was a question of supervision for us, and I had no cause to state that I would not allow myself to be supervised. If you went to the pains of having one stenographer who would do nothing but write, but who was stumped by the fact that we sometimes spoke too quickly or not too clearly; a stenographer who often sat far away from the man who was speaking, or who didn’t know the name of the man who was speaking, there was bound to be a lot of muddle in that respect. He didn’t know whether the man who was sitting on the left was talking or his neighbor on the right, and one mistake after another occurred. I gave it up pretty quickly after looking through these minutes. I once asked the others whether they read through the minutes and they just laughed at me, and said that they had more and better jobs on hand, and I said so had I.
Q. Witness, you have just said that these stenographers who sat on the side could quite often not even distinguish between the speaker, whether it was he or his neighbor. What was the custom; did you remain seated while you were speaking, or did one always rise?
A. No, no, we all stayed seated; we all remained seated and the stenographer couldn’t always see who was speaking because on certain occasions a lot of people were there. If you invited one man to a meeting in Germany, then possibly he always brought his entire staff along so that he could answer all the questions; and if you invited one, sometimes fifteen or twenty showed up. I sometimes asked whether these men didn’t have anything else to do because we were not really concerned with details, only with the basic, larger points, and they used to say, well, everybody is invited.
Q. Witness, did it happen that specific orders were given to stenographers to alter certain points or omit them? So that apart from accidental mistakes, deliberate mistakes were being made?
A. I have recollections of many occasions that Speer, who used to sit next to me, would shout to the stenographer across the room and say, “Leave that out, what the Field Marshal just said.” Unfortunately, notorious before this Tribunal are the expressions and words I used, which were not always too carefully chosen. I have always said during my entire life what came to my mind at the moment, and I, as a soldier, was never taught to hide my opinion. But sometimes, in order to refreshen sometimes boring meetings, I used rather forceful language to shake up the others a bit so that they would at last come out with their true opinions, because many of the people were only there as experts on individual points. Quite often ministers were there; even in Germany a minister and a field marshal have a fairly high-ranking position; and the German is rather more inclined to speak too much than too little. Now, if they found that I too would use strong expressions on one occasion, or another, then they would loosen up a bit and they would start talking, since they felt that I had let go too. I was keen to have clarity, and that the cat wouldn’t always run around the hot porridge, because, after all, we had to know the truth and the real background.
Since Speer was much more cautious and much more courteous, never having been a soldier, I could allow myself the exhibition of freedom, and unfortunately I did.
Q. Yes, unfortunately. So that statements of that kind of yours were either stricken or they were altered?
A. That warning of Speer’s only came into force if I stated my criticism of the higher leaders too severely. If, for instance, somewhere Hitler had given assignments or orders which, to my view, were wrong, or even as to orders coming from Goering or other people, the Minister of the Interior or the Minister of the Police or some other person, then I even here would state my frank criticism amongst these people. Usually I didn’t have any other possibility to state my deviating opinion, and I had the inner urge to say it out aloud. Speer, in my interest, would have it struck out, and he told me a few times afterward, “For heaven’s sake, do be careful. They will hang you one day.” But of course he meant by the German side. Sometimes when I myself became aware of the fact that in my criticism of these high-ranking gentlemen I had gone too far, I would say to the stenographer, “Leave that out.” And on one or two or three occasions I said, “Change it. Put someone else in there as having been referred to,” because I myself discovered—mind you, I wasn’t always aware that I criticized too severely, but since Speer told me so a few times, I controlled myself a little more—that I had said too much and that it was a mistake, and so I intervened myself.
* * * * *
Q. Witness, after our discussion concerning labor questions, in connection with the decree concerning the Central Planning Board, I want you to answer my question now, whether and what powers the Central Planning Board had with reference to the Plenipotentiary General for Labor, Sauckel?
A. The Central Planning Board had no power to issue orders to Sauckel.
Q. Who was it that gave Sauckel’s orders?
A. Sauckel’s office had been formed by Hitler’s Decree. However, after that it was taken into the Four Year Plan, so that formally Sauckel was under Goering immediately. However, he received his orders from Hitler himself.
Q. As you said, the Central Planning Board had no powers toward Sauckel?
A. None whatsoever.
Q. However, don’t you know that Speer tried to win influence over Sauckel? Did that occur in his capacity as a member of the Central Planning Board, or did that occur in his capacity as Armament Minister?
A. It only occurred in his capacity as Armament Minister.
* * * * *
Q. Witness, on this occasion I would like to ask you, what then do you know about these concentration camps during the war?
A. I only knew of two concentration camps, namely, Dachau and Oranienburg. I visited Dachau personally in 1935; in other words, before the war. That was the only time that I visited a concentration camp, except for now as a prisoner of war. What there was inside the concentration camps I do not know. In 1935 there were only Germans in there; and I was very much surprised to learn after the collapse of Germany that there were also foreigners in the concentration camps. I did not know that. I am quite convinced that none of my collaborators knew about these things in the concentration camps. We had been told at the time that in these concentration camps criminals of various categories were being detained. What I saw in 1935 were habitual criminals. I thought it a very good idea that these people be not allowed to walk around freely. When we were there these people had to tell us their sentences; and there were several barriers full of people, and there the average criminal record was twenty to thirty times rape of small children. Therefore, I, being a father, believed that it was best for these people to be locked up.
However, I know that there were political people there; and I saw them, too. There my opinion differed. But I was told that those people were there on a temporary basis and would only be kept in there for a longer period of time if they actually committed active sabotage against the state. At Dachau most of the political people who were being detained there as prisoners in 1935 were members of the SA, on account of the Roehm Putsch in 1934, and that was the basis and reason for their being there.
I should like to add that I asked to be allowed to visit that concentration camp at the time, together with other officers of my branch, in other words, of the Luftwaffe, because during my meetings and conversations with foreigners, I repeatedly heard the statement, particularly from the British, “We understand your Hitler’s system very well. There was no other way for you to go. However, we do not understand your concentration camps.” That is why I decided to get some sort of a picture for myself by seeing the camp. It took a little while, but finally I got the permission to visit the concentration camp. That at the time was my only contact with the question.
Q. What was your impression of the camp? Was it clean?
A. In 1935, well, yes, at that time it looked very well. There were good barracks, absolutely waterproof, with two cots, one above the other. Our barracks always had the same system anyway; and I was the only one to get that principle in the Luftwaffe, so that there was quite a revolution among the soldiers in the army. I witnessed one of their meals. There was a good portion of food, meat, vegetables, potatoes, quite a lot of soup. The people were thus well-fed. Of course, they had to work. The work they did was not an easy task. Cleanness was noticeable. The beds had sheets with a special design on them. The entertainment of the people was taken care of. There was recreation. They had a special room where they could hold speeches. They had facilities for writing and reading. There was an excellent library there which even according to its size and contents was very interesting. I looked through the index one time. The man in charge of the library was a Gruppenfuehrer of the SA and also a concentration camp inmate. I saw the bakery, saw the butcher shop.
At that time I am sure that there were no cruelties and no inhumane equipment of any kind. Of course, I could not speak to these same individuals and ask them how they like it in there. We were allowed to talk to these people; but each of them was allowed only to say what his sentence was.
Q. Did you see what kind of work these inmates had to do?
A. That was very hard. They worked on their own equipment, I believe, not only for the camp but for all sorts of purposes and for the SS. In other words, they made furniture for themselves and for the Waffen SS for instance, cupboards, chairs, stools, tables. They also had a locksmith shop there. As far as I know they did work outside the camp as well.
I believe there were special commands for cutting down trees; there were special commands for splitting stones. However, I cannot go into detail because I inserted this visit into one day—it was in the afternoon after I had an inspection of the troops in Munich, which inspection I finished about 9:30 in the morning, and at four o’clock in the afternoon I had another inspection to carry out of the Luftwaffe, and in between I saw the camp. I myself ate or tasted the food which the German inmates had, and I thought it was very tasty, good, and sufficient.
Q. Witness, at a time following that, did you ever hear, even if only rumors, that inhumane acts were being committed in the concentration camps?
A. I cannot remember that anything had been mentioned in that connection—anything that had anything to do with the truth or that seemed like the truth. I can confirm the fact that there were quite a few rumors during the war. However, all our efforts to find where these rumors originated were not successful. We were not able to find out anything at all. I had very few connections with the SS itself.
Q. I shall come back to the SS later on. Now, Witness, as witnesses have said, you yourself saw to it that persons in concentration camps were freed, or were not committed to the concentration camps. Can one not draw the conclusion from that that you were of the opinion that it was not very good in the concentration camps; that bad things were happening there, because in general one who has committed a criminal offense is not protected from imprisonment?
A. At the beginning I was quite convinced that these concentration camps were just a temporary measure. I knew from the press that they had done the same thing in Italy under the Mussolini regime, and that then, after a few years, these institutions had been dissolved—at least that’s what I heard at the time—and, since many things were being imitated here in Germany which Mussolini’s Italy had done, I saw at that concentration camp nothing but such an imitation. That certain abuses would occur there, I could understand, because, after all, the National Socialist movement itself, in its early beginnings, was a revolutionary group. Even if it weren’t so, at least that’s what people said. I thought that these things were only the childish diseases of the new regime. However, if I ever heard anything, if anything was brought to my own personal attention, then I thought it my human duty to help. That the parents of anybody who is sent to a concentration camp or something are always convinced of his innocence, can be understood and every one of us today knows how unpleasant that is. However, certain other reasons prevailed at the time, when a family wrote: that is probably the case with one of the cases which was submitted here in an affidavit. The main reason was not that the man was a Social Democrat leader. No. He was blamed for other things, and they had to be cleared up. That is why my help took a little bit longer here, and I believe that the man was vindicated. The reproaches which they made to him, and which came from those greatest pests whom we had at the time, the informers, had to be refuted by bringing counter-evidence.
Q. That’s enough, Witness. Now such people were taken out of the camp by you. Then I’m sure that they came to see you and thanked you for it?
A. No. They didn’t do that and I did not pay too much attention to that. I told their parents and their relatives to restrain them from doing that. Maybe they wrote a letter though, sometime, but I did not do it in order to get their thanks and appreciation.
Q. Witness, didn’t you ever speak to anybody who had been released from a concentration camp and who then would have given you more details about the concentration camp?
A. I never spoke with anybody who had been released from a concentration camp—at least, not that I know of. I never spoke with anybody about his experience in a concentration camp. However, during my captivity, I heard through other people that no one else ever heard about such things either, because these people were not only prohibited from speaking, but they were also so scared that they followed that order to the very letter.
* * * * *
Q. Witness, you also visited factories, didn’t you, and you saw eastern male or female workers there, didn’t you?
A. Yes.
Q. What was your opinion about these people. Didn’t they complain to you or anything?
A. I regarded it as absolutely natural that whenever I visited a factory it was natural for me to talk to these workers, even if, in my official capacity, I had nothing to do with that question. However, as a soldier I was accustomed to act in that way. On each occasion I asked them how they were, how the food was; I looked at the people and I saw how they were clad and what kind of an impression they gave, generally speaking, whether they looked healthy, whether they looked satisfied or not. I saw Russians, and also Russian prisoners of war. Then I saw Russian female civilian workers, namely, Ukrainians. I saw Frenchmen, namely French civilian workers. There could have been prisoners of war among them, but they were wearing protective overalls over their clothes. There could have been workers from Slovakia, who considered themselves our allies, but they were very, very few. Then there were quite a few Italian workers there, those who had come on a voluntary basis at the time; those so-called “Imis” (Italians who revolted against Mussolini and were sent as prisoners of war to work in Germany) I did not see.
Q. Did eastern workers, male or female, ever complain to you concerning their work?
A. No, they did not. On the contrary, the general impression of these female Ukrainians who worked on the Junker 52’s was a very pleasing one. The girls were singing; they were well fed; they were well dressed; and they answered my questions in a nice, cheerful way. I spent about 20 minutes with these girls. There were quite a few pretty ones among them, and towards the end they flirted with me, and the girls were laughing all the time.
* * * * *
Q. Witness, I will now enter into the question of what the Central Planning Board has to do with labor questions at all?
A. The Central Planning Board had considerable difficulties connected with the question of getting raw materials. The acquisition of raw materials was originally the tasks of the Ministry of Economics and then of Speer in the Armament Ministry. On such raw materials depended the armament program.
The pacemaker among all these raw materials for the armament program was steel, but the pacemaker in turn for steel was coal or coke production. That was the biggest bottleneck, since, unfortunately, during the first years of the war the youngest and strongest age groups of miners had been called up for military service. Hitler had given us the order to develop a steel production program amounting to 3.2 million tons per month. This was to be done by Speer, and Speer had succeeded in reaching the figure of 2.6 million tons, but that was the maximum. Hitler’s armament program, however, had been based on the figure of 3.2 millions. Hitler had demanded these armament programs and the experts had calculated the amount of steel they needed for those programs.
We in the Central Planning Board discussed the possibilities of getting up to 3.2 million tons of steel, and Speer being the man for that part of the production, ordered the men from the steel manufacturers’ union to come and see him in a conference in which all steel problems, through the self-administration of the industry, were dealt with. Speer was in agreement with me, this is an aside which I must add, to the effect it was a mistake to direct industry through the state, but that industry ought to govern itself through committees of their own, coming from their own ranks, and in this sense of course, these main committees and rings which we have talked about must be understood.
These gentlemen from the Reich Association Iron stated that the possibilities existed that 3.2 million tons of steel could be manufactured, subject to certain conditions. In that connection the main prerequisite was a very much larger allocation of coke. Apart from that they wanted certain additional matters for their own production, some labor too. I remember the question of smelters which was submitted at the time. I am not an expert, but at that time I did gather that we were concerned with specialists with very considerable ability and knowledge, since otherwise a few handful of men wouldn’t have been brought into our conversation. At any rate, the main problem was coal.
Speer, anyhow, during one of our conferences, sent for the men representing the coal industry. Such a Reich Association Coal had existed for some considerable time. These people stated that there was enough coal in the mines but that human manpower was lacking to bring it up. Speer in his capacity as Armament Minister now asked them to tell him in writing what was needed. Now, these men apparently reported the figures regarding workers they had, and during those conferences with the coal representatives, always, of course with reference to the question of steel, it was stated that all efforts on the part of the Armament Ministry would have to fall down because of the labor shortage.
Speer, as he told me, mentioned this to Hitler dozens of times. It was here for the first time that various controversies arose between Speer and Sauckel.
* * * * *
The first difficulties between Speer as Armament Minister and Sauckel came to Hitler for decision. Speer said, “I’m short of workers”. Sauckel said, “I have fulfilled all your demands”, and as proof he submitted his figures. Between the figures which Speer had and those which Sauckel had, no comparison was ever possible. They were based on different suppositions. Speer was unable to obtain the basis for the figures which were at Sauckel’s disposal. In their conflict Hitler took the side of Sauckel. He wished thereby to exercise pressure on Speer to increase armament. Speer was unable to do so because he did not have the workers who had to produce coal.
This struggle went on through the years. At first Speer still hoped that Sauckel would still bring the workers into his factories until in the summer of 1943 he gave up this hope. In the Central Planning Board this, of course, was discussed, and it was also discussed how much steel we could obtain for the next three months and how we could distribute it. Always there was this contrast between the figures—Hitler wishes to have 3.2 million tons of steel; we can only distribute 2.6 millions because Speer is quite unable to produce more. The consequence was again that Hitler reproached Speer for not producing more steel although Sauckel had supplied the workers. The Central Planning Board was not responsible for the quantity of raw materials at his disposal. Speer asked me to give him my support in this question. I did so quite frequently in the meetings and also when I reported to Goering because we wished to convince Goering that we did not have the workers so that Goering would intervene with Hitler in that sense.
But I was unable to obtain Goering’s support. Goering took Hitler’s side, and he said, “The workers are there”. All that was left now was for Speer in the first line and we ourselves who wished to help him in the second line to attack Sauckel. Sauckel escaped all meetings for a long time. Sometimes he sent a representative, and in some cases he himself appeared, but he and his representative pursued the same policy by giving us a lot of figures and alleging they had fulfilled everything. Our doubts in these figures increased. Hitler became more and more impatient and the reproaches for Speer towards the end of 1943 became insufferable. Whereas Hitler supported Speer until roughly the middle of 1943 and regarded him as one of the first collaborators, the relations became much more cool later on, and I explain that mainly through this conflict. I myself had the same annoyance both with Goering and with Hitler, who maintained in opposition to me that I had been given all of the workers.
Our mood wasn’t very nice about this, obviously because although we had no personal ambition we did not wish to be blamed for something that we were not responsible for, bad armament, and to have stated that because of bad armament the war had been lost. That reproach, of course, we could foresee, and it was obvious that we fought against it with every means within our disposal. We felt ourselves to be quite innocent in this field, but in order to prove our innocence, we were missing one link in the chain, and that was to show beyond doubt that Sauckel’s figures were untrue. They were not wrong by accident; they were deliberately forged, in our opinion, because Sauckel wished to impress Hitler with his own efficiency in his ability to fulfill all the demands of Hitler in the sphere of labor.
Sauckel pursued that policy up to 4 January 1944. Only when there was a conference with Hitler on 4 January 1944, of which I was a participant, did he there say for the first time to Hitler, “Up to now I always fulfilled all your demands, my Fuehrer. Whether that will still be possible with the new demands of four million workers, I can no longer guarantee.”
Q. Witness, we will come later to this conference. Now, I ask you to go back to answer one question. Did the Central Planning Board have authority to request labor and to distribute it?
A. A clear “no” to both parts of the question. The question of labor was discussed in the Central Planning Board only in the interest of Speer because Speer needed help and knew I would always give him my support. * * *
* * * I may claim, for example, that throughout my activities, anyway shortly after the beginning of the war, that is to say, on 9 November, there were about sixty production managers of factories—no, not managers but so-called men of trust [Vertrauensmaenner], elected by workers—these men came to me and I found out they wanted to ask me to get their rations increased. At that time the whole nutrition was based upon lower rations; these people in our high industries were not entitled to the supplementary rations for heavy workers, and these people explained to me that now that there was a war, and they were forced to work in different factories from peacetime, their housing was much further away from their places of work, and in the morning and at night they had to travel longer; and, therefore, their food was insufficient. That gave me the idea to apply for a new supplementary ration and as we became very set in this question, it became possible to achieve that supplementary ration which was now for the benefit of all workers. And I have now gotten hold of documentary evidence that supplementary rations were also given to foreign workers; that was a supplementary ration for foreign workers working long hours. As this documentary evidence shows it is an affidavit actually the food of German and foreign workers was the same. But I also wanted to say that it is quite possible that there are cases where this principle was not observed, but that was against the will of the German Government if it happened.
Q. Witness, that means that neither the labor office nor the Armament Inspectorate were under your supervision, as the GL.
A. Yes that is quite correct.
Q. But Speer has testified that until the very end you did not renounce the command of the air industry. What could you say to this effect?
A. If Speer should mean that my personnel official, in the way I described before, talked with his, Speer’s armament office, once a month, then it is quite correct; but my officials might have used these occasions, and how far he worked with my name on these occasions I do not know. I hope he did so in order to get his point through. I was never present. I never heard how these negotiations went on. Should Speer mean, however, that my work in that field was the same as his in his field, then he makes a mistake, for I did not have that organization nor did I have the task. My field was only a very specialized one compared to Speer’s field. * * * I might add perhaps, that Speer did not know my organization; of course we never discussed it. He knew, of course, that I had a technical office; he knew that I had a planning office, and he also knew that I had an economic department for the contracts of industry. After all, he fought a battle to take the whole economic department into his sphere, and when I said he couldn’t possibly do it, he waited until the whole armament industry came under his charge. We two always settled everything in a friendly manner after that up to the last moment. Even if there were a certain amount of conflicting interests, which sometimes were quite considerable, particularly between our subordinate officers—there were quite severe battles between those subordinate officers at times—but we always poured oil on the troubled waters, Mr. Speer and I.
Q. Witness, but couldn’t it be, that in the sphere of the Central Planning Board in presenting the labor demands of your industry, you spoke for your own interests?
A. I cannot recall, and I have read some of the records, but in not one of them, there is not one word said that I had any special demands for the Luftwaffe. Apart from the fact that once or twice I remarked that I was equally badly off, that I didn’t get anything, but that doesn’t mean that I was looking after my interests in the GL. If I talked about workers at the Central Planning Board, I did so at Speer’s request, to give him in the armament industry all the support. Speer was particularly pleased when I played the wild man and became a little strong. He once told me, “you are much better at this than I am; I am only a civilian; I can’t do it as well as you can”. And sometimes he pepped me up and said “Speak a little more fiercely, please”, which I was only too delighted to do for him. That was meant to achieve something which you may wish to ask me about a little later on: How we could get Sauckel to speak clearly. How we could get rid of the suspicion that we through our inefficiency cannot bring German industry up to the high level, to the right level.
* * * * *
Q. Witness, during these conferences of the Central Planning Board did it happen that the bulk of the workers was discussed, or was it rather a question of bringing new workers into Germany?
A. No, it was only the labor question as such, only inasmuch as it was important for the increase of raw materials in accordance with Hitler’s order, and indeed always as an attack on Sauckel in order to get him to give us the people or to say he cannot do it. As we knew he could not supply them, our main demand which we wished to achieve was an open statement by Sauckel, “I haven’t got the workers whom you need”.
Q. Witness, but if your air force industry, for instance, either the labor offices or the Armament Inspectorates had made requests to Speer, and when your planning office had checked these demands in order to find out what was really necessary and what was unnecessary, was it a matter of proposing what kind of workers you wanted to have and what kind of workers should be distributed into these different production programs? Was it a question of deciding whether you needed German workers or rather more foreigners?
A. We did that in one sense, that for certain factories we simply had to have skilled workers, which we asked for, but never did we ask, “Give us foreigners; give us prisoners of war”, and so forth. Our wishes were to the effect to have Germans, but it was quite clear to us that there weren’t enough German workers to fulfill the demands. Had they been available, one needn’t have used prisoners of war or recruited foreign workers or sent the prisoners of war to work unless they volunteered for it.
* * * * *
[March 14]
JUDGE PHILLIPS: The Tribunal understands you to say that Polish prisoners of war were changed into civilian workers and that you no longer considered them to be prisoners of war. How were they changed into civilian workers from prisoners of war?
A. Personally I cannot give you many details about this because that happened as early as 1939, and at that time I was not connected with the armament question. How it was worked I do not know. All I can imagine is that there was no longer a Polish Government and that the Governor General gave the order; whether any Polish office was asked, I don’t know; it is only in the files here that I found something about some Polish regional authority. I cannot give you any more clear details.
DR. BERGOLD: May it please the Tribunal, perhaps I can clarify the matter.
PRESIDING JUDGE TOMS: Let’s let the witness clarify it. Witness, you are an old soldier. You have been a soldier for many years. How do you transfer a prisoner of war into a civilian, by discharging him?
A. Yes, he must be released from being a prisoner of war, and then there are various possibilities. One possibility would be—and this was resorted to by Germany—to make him a free worker and tell him that “You are being released, but you must do some work. That is the conditions which we put to you. You are being paid properly, and otherwise you live as a free man.”
There is also another possibility, which was the way chosen by the Americans, by which a prisoner of war is released and then regarded as an internee. I think that that procedure is not quite so favorable for the man concerned.
Q. You just transposed them from prisoners of war to civilian prisoners, then?
A. No, they were no longer prisoners. They were properly released, but they signed a document which obliged them to do some work for Germany.
Q. You imprisoned them by a document instead of in a stockade?
A. They were no longer locked up, Sir. The Polish workers—I saw them in the country, for instance—live quite freely.
Q. Could they go where they liked?
A. They could not change their places of work without permission. For instance, if they were allocated to a farmer, they had to stay with that farmer. Only if there were special reasons could they change their place of work. Then they were transferred.
Q. That is what you call freeing them?
A. It was not complete freedom, but it was a better status than previously when they were prisoners of war.
Q. What would happen to one of these free workers if he walked away from his place of employment?
A. Sir, that is what I do not know myself. But may I say something else? A German worker was not allowed to change his place of work either. Freedom for a German was not any bigger than freedom for a Pole, as long as the war lasted.
Q. The German went home to his family every night, did he not?
A. These Polish soldiers—I cannot speak comprehensively because I am not particularly well informed here—but those I saw were young people, and they lived with the farmer’s family.
Q. Witness, you don’t mean to tell this Tribunal seriously that the Polish worker, the former prisoner of war, had the same freedom of movement that the German civilian had?
A. I cannot speak on all fields of life because I do not know. All I do know was that he was under the obligation to remain with his employer, but, as I said before, the German worker had to remain with his employer.
Q. Oh, well, we had that in the United States, for that matter. I still don’t remember your answering my question: What would happen to a Polish worker who chose to walk away from his place of employment?
A. I am unable to answer that. I know of no such cases, nor was I told about one.
DR. BERGOLD: May it please the Tribunal, the defendant cannot know, because he was a soldier, what the Polish worker had to do. Like the German worker, the Polish worker would have been punished and brought before a tribunal because he broke his contract, and he would have received a small punishment. Thousands of German workers have been punished for the same reason, and I have defended many a German worker for the same charge. That would have happened—nothing else.
PRESIDING JUDGE TOMS: Let me ask you, Dr. Bergold. Did you ever defend a Polish worker for walking away from his employment?
DR. BERGOLD: Yes, I did.
PRESIDING JUDGE TOMS: I have no inclination to dispute you.
DR. BERGOLD: I defended quite a few foreign workers in wartime, not only Poles, but Frenchmen, Belgians, and Dutchmen.
PRESIDING JUDGE TOMS: Oh, maybe Belgians, Dutchmen, but Poles—?
DR. BERGOLD: Yes, definitely. I am prepared to make that statement on oath, Sir.
DEFENDANT MILCH: May I supply an observation of my own on the Polish question? Shortly before I was taken prisoner, I was in the country in Schleswig-Holstein. In that region the only foreigners there were Poles. Those Poles on the estate where I was, perhaps 30 or 40 of them, said that they did not wish to return home, that they would ask to be allowed to remain on the estate just as did their colleagues in the neighborhood. These people were dressed very neatly on Sundays. They looked very clean and healthy. They could not be told from any German in the neighborhood there except for certain racial distinctions. All of them had bicycles. On that bicycle they went on Sundays to the nearest pub and met their girl friends and danced, and they told me themselves that never before had they been so happy as they were in Germany. That was at a time when the British were 50 kilometers away from their village.
PRESIDING JUDGE TOMS: Perhaps that is why they were so happy.
A. No. They said that they did not want to leave there now. They wished to remain.
Q. I think you misunderstood my point. Perhaps their happiness arose from the fact that the British were only 50 kilometers away.
A. No. I understood what you were trying to say, Sir, but I also talked to the German employers there. I was there in a totally private capacity, and I knew these people quite well. They were friends of mine, and they told me that they were quite satisfied with their Poles, and they also said that the Poles had done very good work and that the Poles had asked to be allowed to remain after the collapse, because in those days they did not wish to return to Poland and they were quite well looked after here.
May I ask the Court to believe me that we in Germany were not all of us hangmen and people who delighted in other people’s misery. I may say here that I think that the majority of the German people are good-hearted and that they treat other people well and that these people did not know that in some isolated places there were isolated criminals who polluted our good name for a long time to come. The people are suffering from that now, and they will suffer in the future. That is what depresses all of us the most. Otherwise, one has to take the point of view that all Germans are criminals and then it might be justified to hang the lot. Then, please start on me.
* * * * *
DR. BERGOLD: Witness, after this question was discussed, you received information that this employment of foreign workers was admissible. Could you tell me now what you knew before, prior to that moment, concerning this question?
A. I know that after the First War, the question of deportation of Belgium workers had been examined by a committee of the German Reichstag. I know that this parliamentary committee examined people like Hindenburg, Ludendorff, I think also Mackensen and others; and that many questions were discussed, including that of Belgian civilian workers. As far as I can recall, that committee was presided over by a man who had been given the Nobel Prize, Professor Schuecking; I think that was his name. However, I was very interested in it, and closely followed it because Hindenburg whom I worshipped, was put before a court; and as far as I can recall, no sentence was passed upon that score; and nobody was reproached that international law had been violated. At that time the Hague Convention existed and the first Geneva Conference had taken place. I am not very well informed, but I think that was so.
* * * * *
Q. Witness, I shall now come to the 54th meeting, concerning two points there. Witness, during that meeting[142] Sauckel mentioned that only a very small percentage of those sent to Germany came on a voluntary basis. This statement has been mentioned repeatedly in this trial and I want you to say something about that.
A. I might say that I do not remember having heard these words from Sauckel. It is possible that I was not there at the moment when he said that. However, it is possible that I overheard that remark, because during those long meetings, we had discussions among each other. We were also interested in other questions. During those long meetings there was at least one meeting, probably more, during which our concentration was not quite what it should have been. Had I heard it, I would have believed Sauckel just as little as I believed all the figures he gave us, because Sauckel had stated the contrary not long before. I know exactly it was not so long before that he had declared how well his system functioned and how he brought all these laborers on a voluntary basis.
* * * * *
Q. Witness, I shall now leave the meetings of the Central Planning Board and come to single questions in that connection. What do you know about the use of British and American prisoners of war?
A. According to my opinion and as far as I know, they went into the respective camps and they were not used for labor. I never saw such a prisoner of war any place.
Q. * * * What orders did you have toward the middle of January 1943? What orders did you receive from Hitler?
A. On 15 January 1943, in the evening I was called up and summoned to go to Hitler’s Headquarters the next day for a special mission. As far as I know, I believe that it was General Bodenschatz who called me to the Fuehrer’s Headquarters. The following morning I reported to Goering, who happened to be in Berlin at that time. Goering knew that the question of food for Stalingrad was involved. Stalingrad had been encircled for months, and the whole Sixth German Army was in it. On the 16th, in the morning, I flew to Hitler’s Headquarters in East Prussia; and then Hitler either in the afternoon or in the evening gave me the information that I should proceed to Czechoslovakia immediately by air in order to supervise Stalingrad’s food supplies from there.
Q. Witness, make it a little more brief, please.
A. Yes. I tried to carry out this mission. When I received the mission, the last airfield had been lost. The Russians had taken them. We looked for smaller places which were rather difficult to find there in those mountainous areas; and within the next few days we succeeded in carrying out a considerable air lift of supplies. However, it was too late. The resisting force of the defenders had broken down; the people were starving; they had hardly any vehicles or horses. They could not get the food from the landing places for the planes because they were too weak to do so. They could not carry the containers so that the air lift of supplies in the case of Stalingrad could not be kept up after the end of January or the beginning of February.
Q. Did you have a serious accident then?
A. Yes. At that moment when I wanted to fly into Stalingrad, before I hit the airfield, I was hit by a railroad engine, and I was seriously injured.
Q. Then you went back to Hitler?
A. I carried out the mission first. Then when Stalingrad had fallen, I withdrew and went to see Hitler and told him that I could not complete my mission. He told me, however, that it was not I who had not carried out the mission but that it was his fault. He said he gave me the orders too late; he had wanted to give the orders to me much earlier but had been talked out of it.
Q. Witness, during that occasion, did you tell Hitler your opinion about the war and the general situation of the war?
A. It was on 4 February when I reported back to Hitler. Hitler on that particular day was very crushed due to the loss of Stalingrad. It was not possible to have a quiet talk with him. He did not receive me at first, or my chief of staff, namely, General of the Tank Corps Model, who had a corps within that fortress. We both were under the impression that day that we would not be able to speak to him. However, he told me in a few words, “Now, go right ahead to your GL task, manufacturing. Now we will have transport planes in the first line, transport planes, and more transport planes.” He was talking about Stalingrad. He thought that had he had more transport planes he would have been able to keep Stalingrad.
With respect to Stalingrad, I had a long discussion with him on 5 March. That was the last time I saw him. That was about a month later. I was ordered to see him because he wanted to give me the mission to build high-altitude and fast bombers and put them in the first line of production. Those now were more important than transport planes. I availed myself of that opportunity on that day and had prepared myself in order to tell him my opinion about the general situation. That discussion took place in the evening. I had dinner with him alone. That was shortly before 9:00 o’clock; and it lasted until 3:15 a.m. Then in contrast to all other discussions I had with him, I was the one who was speaking all the time.
* * * * *
I told him first of all the truth about Stalingrad; and I told him that the question of leaving an army was a military mistake, when according to military and strategical points of view it should have withdrawn, something which had been suggested both by myself and by the army. It was a mistake; and it did end with the loss of 350,000 men on the German side. However, a withdrawal in time would have saved the greatest part of these soldiers. I told him that, after all, the Russians were not as anxious to attack as that; that in the winter they themselves were in a difficult position for attacking a German army and they would not have dared. I told him then that that point was the last turning point in the fate of the war. I told him that I had tried to reach him before the Russian campaign. However, I had been unable to do so because it had been forbidden. I said that the time was now five minutes past twelve. We use that expression in Germany when something is completed; when it is finished. I told him that by that I meant that the war was lost. I apologized for not considering his nervous condition. There was no time for that any more. I thought it my duty to tell him my sincere opinion; as a field marshal I thought myself entitled to do so.
I knew that he did not want to hear this. However, I wished that he would hear me in spite of that. He could do with me whatever he wanted to afterwards. I remembered, however, that he himself before the war had used strong words against the bad advisers of Wilhelm II, who out of cowardice, had not told him the truth. In no case did I wish to stand before my own conscience with such a reproach on myself. He told me then, “Yes, you can say today whatever you wish to say.”
I told him then that he was no more in a position to attack in the East. That those attacks which had already been developed, he should stop. That he could only defend himself, and I was of the direct opinion that instead of building great fortification works in France and Norway, that during the whole of the spring, summer, and autumn, he should concentrate on fortifying the Dnieper position, which lay about 800 kilometers behind the Russian front, with all the means at his disposal, with fortifications of concrete, etc., in a great width, between two-hundred and three-hundred kilometers depth, and in that way there would be strong fortifications and good shelter for soldiers, with good equipment and food and ammunition, and that then he should take the troops back to that position for the winter, and that he should give up the whole territory in front of that fortification, out of which he would not get anything at all, neither oil, coal, nor ore. By doing that he would shorten the length of the Russian front, and in such a way that the maintenance of those soldiers on the line would be much easier. Apart from that he should take more care of the eastern forces, and I am quite sure that on the whole eastern front of two-thousand kilometers, of about ten million German soldiers, not one million of them were fighting and he should take measures to change that. That was the only point he carried out later on, and unfortunately only towards the end of November of that year and the result was that the fighting infantry units on the whole eastern front amounts to 265,000 men of the army. It was impossible to hold that front with such a small number.
I furthermore suggested to him that a great personnel change should be made, namely, he himself should give up command over the army, that he should place a simple general in that position. As it was, he held before the German people a responsibility, which he could not bear. He was no soldier in that sense, since he was not trained for that. I suggested to him to dissolve my own branch as an independent Wehrmacht unit and to put the Luftwaffe entirely under the Wehrmacht, since there was no strategic air force any longer.
Now what I had to say was special for the army, and this was certainly of a personal nature, namely, to remove Reich Marshal Goering from the Luftwaffe, and give him a different task. I said also that it was now the opportune moment for the Reich Foreign Minister also to be removed from his position.
Q. Would you give the name?
A. Von Ribbentrop. I suggested to him that the Field Marshal be put in charge of the units at the front, and I gave as a reason that Keitel was too lenient in reference to Hitler, and did not know how to get his ideas across to Hitler; that he should have somebody who would force him to observe correct military measures. I told him then that the most important task in my opinion was the home defense of Germany; the air home defense of Germany, and to consider as having the highest priority; and also the fighter production should be placed in the first place, and armaments. I showed him the figures of the English, the American and the Russian armaments explicitly, and I showed him how these armaments would have their effect over Germany, and also at what point, or at what time this would happen. I reported to him that many false reports were made to him, and I gave him an exact instance. I told him that he overestimated himself, and his allies, and that he also underestimated the Russians, and the attitude of Stalin personally, and that that had led to the Stalingrad collapse, and he should be quite clear as to the facts if the attack was continued in the East; that he could hold the Dnieper position, and that if he held that position, the air defense would be able to prepare a military preparation for peace if the enemy would see that this crushing of Germany from the air was no longer possible and if the Russians would see that they would not be able to cross the Dnieper without being crushed; that I am sure with that preparedness which should be started at once, we ought to be coming to a peace. It might be possible to get away with bearable peace terms if they would act immediately.
Then I also discussed the peace question, and I told him he might make a real peace with France without taking territory, and I was sure that France would still consider that. The same applied to Belgium, and also Holland, as well as Norway. A peace with these countries would then induce the greater powers of the Western countries to be able to conclude peace with Germany which would be endurable.
Those were the main points of my opinion. I do not wish to recite details. He listened to and interrupted me only once, and that was on the question whether he could or could not attack in 1943, and I remember exactly that I said to him more than twenty times, “You cannot attack” and first he said in a quiet way, then got more excited and more excited until he was very cross, and knocked on the table, “I must attack.” I told him at the end, “I know I am very impolite, I don’t want to discuss this question of attacking anymore. But be convinced I shall not change my opinion.”
Then he waited for a short while, and I began to speak of something else, and then suddenly he said, “What would you say, Milch, if I would only make a short attack in order to be able to push through the Russian preparations before they can start developing.” I answered, “Wait a minute, it is a defensive measure, because a soldier carries out his defense by attacking in turn,” and he said, “Then we agree on that point.” I said, “No, I don’t think we do. If you are successful you will continue. I would say all the troops should go back after forty-eight hours that no matter what. Think of Verdun in 1916 when the same mistake was made; when they did not succeed in getting through on a surprise attempt, they went doggedly on.”
* * * * *
Q. Witness, what was the development after Stalingrad of your relationship to Hitler and Goering?
PRESIDING JUDGE TOMS: Before you go on, will you ask for the date of this conference of Hitler’s again?
A. It was on 5 March 1943.
* * * * *
On the question of how my relationship to Hitler and Goering developed later on I have to say the following: It became worse and worse from time to time. It was due to a struggle which I had about the German air defense which contradicted Hitler’s idea of waging war, for this was the specific field of the Luftwaffe and I as Inspector General of the Luftwaffe was forced to make suggestions. I did not let this matter drop, and I repeatedly brought it to the front, in contrast with political proposals or proposals in the field of the army and navy, which were outside of my field of tasks and which I could not bring to anyone’s attention unless Hitler gave me his permission or if he wished me to.
Q. With respect to this conference, did you inform him of the fact that you wanted to have Goering gone?
A. Yes. I did. I told Goering about that. I did not want to stab him in the back.
Q. Then, what happened to your relationship with Goering?
A. I do not believe that this single incident had any influence on our relationship, which was bad anyway. Goering was not the kind of a man who would hold it against me. He had a certain understanding of the circumstances. There were other things that he did not like about me.
* * * * *
[March 17]
Q. Witness, the last time you were giving us a description of the suggestions you made with Hitler with regard to achieving a change. What was the impression you had afterwards as to whether he was going to follow your suggestions or not?
A. At that time I first of all hoped that he would somehow react to my suggestion, because in the case of the Stalingrad assignment which had been given to me although too late, I saw indications that at that time he still had confidence in me, and also in my military ability. During the following weeks and months I waited for something to happen, but nothing did. In the spring of 1943, after my conference, new attacks were ordered by him on the eastern front. He was not making an attack for the purposes of defense, he was going to try to reestablish the front along the Volga River. He was also going to try again to advance towards the Caucasus. It was only in November 1943 that he followed one of my suggestions, namely, to ascertain how many men were fighting in the East, as I said last Friday, and I need not repeat it. The attack was catastrophic, but in spite of that, no basic changes were made after that. All the other suggestions, political, military, and those regarding the personnel, were not followed. Through that I lost my last hope, namely, that a final basis favorable to Germany could be established to bring an end to this war through political means, in other words, peace negotiations, which might have had certain prospects of success.
Q. Witness, now I shall have to put to you this question. Why, after you recognized that fact did you continue your activity at all. What were the reasons which made you place your service at their disposal at all?
A. The main reason was that I was responsible to my people, and even if all the plans failed to materialize, I, nevertheless, still had one last hope at least, that a proper air defense could be arranged for Germany in order to protect our home country and the people from the worst, and the destruction of their homes and places of culture. That was my main reason.
Q. What then are the steps that you took in order to achieve your last final aim for the German people?
A. After 1941 I had a constant struggle, I would like to say, with Goering and with Hitler in order to achieve an air defense which I considered necessary. My last effort then was the foundation of the Jaegerstab.
* * * * *
Q. Witness, you have just testified that you had founded the Jaegerstab in order gradually to leave your post. Did that further have any other purpose, for instance, the removal of existing difficulties outside your own department?
A. Yes. Air armament within the entire armament program had very small, very negligible powers. As Hitler especially demanded army and naval rearmament, Speer’s Ministry for years had encroached on a large scale in all matters which were important for my industry. As a result experts and other workers had been simply taken away from us. The armament inspectors and district military administrative authorities, both of whom were under Speer, were able to carry this through. It was merely by accident that I learned of this in individual cases, when, for instance, one of the industrialists happened to come to see me. We raised objections but we could not alter the situation, I mentioned this the other day. I wanted to use the Jaegerstab in order to transfer part of this responsibility for air armament to Speer and his ministry so that such encroachment, which was particularly noticeable where materials were concerned, should no longer happen.
The man who had approximately the same task as my own in Speer’s Ministry was Mr. Saur. Saur was a very clever man, very able, very energetic, and since he was always sent to report to Hitler personally, he knew Hitler and his intentions very well, and he knew therefore that Hitler was not so keen on air armament, and from that he drew the conclusion which led to these encroachments into our sphere. I was very anxious to have him join the Jaegerstab so that there too he would share in the responsibility. There was a struggle about this with Speer until it finally came about that Saur joined the Jaegerstab. I did not want to found the Jaegerstab without him, and it turned out that Saur now tackled this new task very energetically and he did in fact succeed to some extent in bringing Hitler at least to a standstill. But Hitler’s views and Hitler’s orders he could not change. Apart from that it was necessary, if I wanted to transfer armament work to Speer, for the final armament would have to go through Saur’s hands eventually, so it was essential that Saur should be included right from the start.
Q. Thank you. Did you give him responsibility to a small or a large extent within the Jaegerstab?
A. Let me answer that like this: I gave him as much freedom of action as possible, since he was going to take it over later, and it was his nature that when any matter was placed in his hands he took it up very energetically, and I was happy to see that he was going ahead so vigorously.
Q. Witness, you have made notes about everything you did during the war. Can you tell this high Tribunal whether you gradually withdrew from the Jaegerstab and how many meetings you participated in each month?
A. In March, I participated in 15 meetings—they took place daily—and two trips. In April, I participated in eight meetings, and one journey. In May, I attended five meetings and took part in two journeys. In June I attended two meetings only, and had also two journeys. In July, I didn’t attend any meetings at all, neither did I participate in any journey. I took more active interest in the journeys, totaling seven, in order to go into the provinces and show that the handing over of my task to Saur was taking place with my agreement. These are the figures: March 15, then eight, then five, then two.
Q. You mean the meetings?
A. Yes; that applies to meetings. In other words, I participated in a total of 30 meetings.
Q. But there was one more on 1 August 1944, wasn’t there?
A. That was after my retirement. It was a meeting when Speer was in the chair, in which the Jaegerstab was now finally discontinuing its work, as the tasks of the Jaegerstab were now being incorporated with ordinary armament under Speer in the armament staff. It was a purely formal meeting of handing over, and I deliberately took part, so as not to create the impression that I was leaving reluctantly or that I was angry about anything, for, of course, the exact opposite was the case.
* * * * *
Q. Witness, did the Jaegerstab have anything to do with workers?
A. Do you mean building workers?
Q. I mean generally speaking, for the moment.
A. I see. Well, you have to draw a clear dividing line. There were two completely different conceptions for us, armament workers and building workers. Armament workers came through the existing channels; in other words, requests were made to Sauckel by the industries, and Sauckel fulfilled, or did not fulfill such requests. Information about this first of all went to Speer’s Ministry through the Armament Inspectorates, and secondly, there were statistical reports monthly from industry to air force. Building workers, on the other hand, did not concern any of us at all, not even statistically speaking; that is, insofar as the GL was concerned and his representatives on the Jaegerstab. This was entirely a problem for Todt’s Organization. We knew absolutely nothing about this problem as far as we were concerned.
Q. Witness, did the Jaegerstab include a representative of the GBA, the Plenipotentiary General for Labor, Sauckel, on its board?
A. I cannot at this moment recollect that accurately, but I believe not. As far as I know, for these questions there was only a representative from Speer’s Ministry. That was Mr. Schmelter, who has been a witness in this trial, and who on his part used to hear our requests and take our requests to his ministry to help as far as he could.
Q. In order to help in labor problems did Schmelter have to go to Sauckel on his part?
A. Yes, quite decidedly. He, on his own initiative, could not distribute workers because he did not have any workers reserves of any kind.
* * * * *
Q. Witness, the construction work which Hitler stated had to be constructed either by Kammler or Dorsch, was that all for the purpose of the Jaegerstab or also for other armament purposes?
A. I know that these constructions were meant for many other purposes because if these questions were discussed in the Jaegerstab I repeatedly heard Saur or some of his representatives saying, “We wish to change this; we want to use this for making tanks; or here, for instance, we will have V-2 rockets.” That is how it fluctuated. In any case, I know that the subterranean constructions or tunnels were meant for other armament purposes.
Q. Witness, did you ever hear about the fact that for the construction of the surface concrete factories concentration camp inmates were to be used?
A. I heard about that in the Jaegerstab, I believe; and that is how we can explain Kammler’s task.
Q. Witness, in your capacities as GL, as member of the Central Planning Board, or member of the Jaegerstab, what did you have to do with the concentration camp inmates? Did you apply for those?
A. No, we had nothing whatsoever to do with it. But they were requisitioned for industry through channels which I did not know at the time. At that time I knew from a conference that in Oranienburg, at Heinkel’s, people were being used from the concentration camps which were near there. I heard one of my men say that the work that was being done over there was good work, I myself did not see these inmates working. However, at that time I was convinced of the fact, through my visit to the concentration camp of Dachau in 1935, that these were, in the main, only German criminals.
* * * * *
Q. Witness, did you hear in connection with labor for concrete construction work, that Hitler gave orders for the use of one hundred thousand Jews, or did the Jaegerstab request this?
A. I am sure that the Jaegerstab did not do that. I cannot say for sure if before the collapse I knew anything at all about this matter. I know from the record that Hitler is said to have had a conference on 4 January 1944 about this question. However, I know that that conference lasted for quite a few days, I believe, from 1 to 4 January. I participated for a very short time in that conference on 4 January. I do not know, or I cannot recall, if during the time I was there they discussed that point.
Q. Did you later on find out that Jewish concentration camp inmates were used in this construction?
A. I never found out for sure.
Q. However, in the sessions of the Jaegerstab they had discussed that point?
A. I cannot remember anything about it. Many things were discussed there every day, so that it is not quite possible to remember every detail that they discussed.
Q. During those conferences or meetings, the number of which you had mentioned, did you always participate in these conferences?
A. No. I was called out very often. I left on my own initiative sometimes in order to make certain arrangements in connection with my other fields of work; otherwise, I should not have been able to do any work whatsoever in my other spheres. At that time I had the whole set-up of General Foerster under my orders, and also the entire training of the Luftwaffe; on top of that were the questions of the Inspectorate General and his problems.
Q. Witness, I shall come now to your speech of 25 March 1944, which has been repeatedly mentioned here, Document NOKW-017, Prosecution Exhibit 54. It is your speech to the chief engineers of the Luftwaffe and the chief quartermasters. It says here at one point that for construction a few hundred thousand laborers were being used who had been withdrawn from other places. By that don’t you mean those 100,000 Jews we just mentioned?
A. No. Under no circumstances. At that time workers had been transferred for these purposes from many other constructions which were already under way.
Q. Witness—
A. May I add to that, this: I could not possibly imagine why Jews should be used as construction workers. Therefore, I am sure that it would have struck me if I had heard that, for Jews are not used as carpenters and bricklayers. They are mostly people who work in offices, and one could hardly expect construction work from them. I don’t believe that I myself, as a man who has never done that kind of work, would be of any use for it.
Q. Witness, explain to us now the purpose of this speech of yours, which uses rather strong language.
A. During the severe air raids we had lost many stocks of material, mainly of parts. The new output of these parts could not possibly keep pace with the destruction. There was only one way left, namely, to take these parts from troops’ stocks. The troops had large stocks over which the GL himself had no power of disposal whatsoever. He just gave the orders for the manufacture of them. The requests of the troops, in my opinion, were always too high—4.2 billion marks’ worth of parts were being ordered at that time, that is proof of it. If we wanted to have these planes, which were half ready, in time, it was possible only if the troops would give us some of their parts. Prior to this conference many attempts to that effect had been made, but the Quartermaster General, because of the veto of his chief quartermasters and chief engineers, had refused my wishes. I was very annoyed about that. Saur came to see me and stressed once more that the completion of the planes was impossible. He thought that in the army that would have been taken care of long ago, but in the Luftwaffe there did not seem to be any definite power to give orders, and he would take this matter up with the higher authorities. That, for the second time, made me very cross, and when this conference took place immediately after these things, I spoke in very strong terms in order that the Quartermaster General with his staff should give me the parts that were needed. That was the purpose and the aim of the whole thing, and contrary to what had happened before, when they had refused me those parts, the harsh military speech I made was crowned with success.
Q. Witness, in this speech there are certain passages which in themselves have nothing to do with those aims you just mentioned. I would like to show you these passages. At one spot you come to the question concerning labor, and you say that the portion assigned to the Luftwaffe in the allocation of labor had been constantly diminished, that the foreigners were running away and not keeping their contracts, and that if a foreman reprimanded or beat one of these young laborers who was engaged in sabotage, he, the foreman, got into trouble; and that the international law could not be applied here and that you would see to it yourself that the prisoners, with the exception of the Americans and British, were removed from the power of the military organization—then, if a man committed sabotage, he should be hanged in his own factory or workshop. What does that have to do with this speech and these aims that you mentioned?
A. As far as prisoners of war were working with the Luftwaffe itself, the Quartermaster General and the Chief Quartermaster had something to do with it. This was to be a threat to that department, namely, that certain rights would be withdrawn from them. Of course, I could not do that. I don’t believe that Goering would have followed such a suggestion of mine either.
I have no excuse whatsoever for these words which I used. I have now had the time to read this passage in peace, and I cannot understand it myself. I can only repeat that I myself was in an impossible position. I could see what was coming, and I could no longer help my people. At that time—I do not wish to say this as an excuse, but just in order to explain—I was still suffering very badly from my accident, and I could not quite get over the concussion, because at that time I could not possibly be absent for one minute. I knew that because my doctor was worried about me and he tried to help me with all sorts of drugs and medicines.
Q. Witness, a number of witnesses who were here have stated that very often you had outbursts of rage. At the time when you made that statement did you have the sincere wish to carry through these measures?
A. No. I can say that with a good conscience. Never, never in my life did I do such a thing, and I believe that he who really knows me knows exactly that, on the contrary, I was different. However, at that time I simply had to give vent to my feelings, and I could not use strong words to the people I really wanted to use them on. That was not consistent with the discipline you have in an army. I also have to say that immediately after such a discussion I myself no longer knew what I had said during one of those outbursts of rage. Even today I could not say for sure that I said that. However, I cannot deny it.
Q. Witness, did you at that time use such wild expressions with reference to these Luftwaffe gentlemen, and did you threaten them as well?
A. Yes. I did. I read now that I did so. I am very sorry even today that I used such strong words against my comrades.
Q. Later on in another place you said that people who acted as if they were sick ought to be whipped to work and that the whip should be used as a medicine. That is a similar statement?
A. That was just silly talk, so to speak, and I also used strong words about myself and called myself an idiot once in a while.
Q. Did you ever issue orders to drive people to work with the whip?
A. Never, and I am sure that I myself would have intervened in such a case.
Q. Did you ever have anybody hanged because of sabotage at any time.
A. No. First, I did not do it. Second, I could not do it. I never had anybody punished for sabotage in any way because that was not within my competency, not even in the few instances where sabotage had actually taken place.
Q. Witness, weren’t you afraid, however, that if you spoke like that before this circle of men, that those people would actually act according to your words?
A. In this circle there was nobody who could possibly have the power to carry out such things, and second, I believe that everybody knew me, because my friends even at that time had told me that I had lost my control over myself. It was a very good thing that nobody took me seriously at such a time. I also always promised myself that I would not burst into rage again. However, at that time I did not have full control over myself because the situation was becoming more serious every day. Moreover, I knew that all this could have been avoided, that it had never been necessary to go to war, but if so, that the war could have been terminated long ago, and apart from all this, if nothing else, the destruction of Germany could have been avoided. That thought did not leave me alone day or night, and that actually contributed to these explosions. When everything was over, from that day I became more quiet.
Q. Witness, those people you spoke to were soldiers, were they not?
A. Yes.
Q. Could those soldiers, according to your knowledge, have possibly been led to carry out these orders which were against international law?
A. No, never. They quite rightly thought, as people often told me, that I was crazy during such outbursts. I myself was in no position to judge that, however.
Q. Witness, however, a certain number of measures in contradiction to international law were carried out in Germany. Did you know anything about that, could you have thought then that maybe you were also causing such measures against international law?
A. No. I did not know about that, with the very few exceptions that were discussed here. However, I never connected them with myself. There never was any connection at any time.
* * * * *
[March 18]
Q. Witness, after you received the Knight’s Cross in 1940, did you receive any distinctions from Hitler, any decorations?
A. Yes, I did, in 1940 I received the promotion to a field marshal, and that was also in 1940. After 1940 I did not receive anything which I considered a distinction as a soldier, because the bonus I received in 1942—yes, I will refer to that later—I couldn’t see any distinction in that as a soldier.
Q. Will you now talk of this bonus which you received? Give us some details about it.
A. Hitler sent his adjutant on my 50th birthday, with a picture of Hitler, that is, a photograph, with a dedication, and a letter in which he congratulated me, and there was a check inside to the amount of 250,000 marks. Hitler wrote in his letter that he knew I was leading a very modest life and he would like to give me in this way the possibility of making it a little pleasanter.
I thanked Hitler, and I told him that I gladly accepted the money, because after all I could not refuse it, as a compensation for the fact that I had earned a little less by this amount than I would have earned if I had remained with the Lufthansa, because my salary in the Lufthansa was twice as high, and even later on, three times as high as the money I received from the State. Consequently, I did not consider that as a gift exceeding my merits.
Q. Witness, did the Air Ministry not offer you a bonus, also?
A. That was not a bonus but the President of the Air Ministry told me that the industry wanted to give me a present to the value of 50,000 marks. I told him that I rejected this present; it looked to me like bribery. He immediately withdrew the offer, especially as he knew that never in my life had I accepted a present from industry while I was in government service.
* * * * *
Q. Was it possible for you to remove directors of industry, or to appoint them?
A. No. Either there were limited companies [G.m.b.H.], or shareholder companies, and they had their own organizations, their own administrations. The shareholders appointed the board of directors and the board of directors decided who was to be the general manager, and we never interfered with that.
* * * * *
Q. Witness, will you explain to the Tribunal how overburdened you were with work during all these years?
A. May I refer to my field of tasks which is shown in one exhibit?
DR. BERGOLD: May I ask this Tribunal now to see the charts which are in the document book—the first document?
* * * * *
A. Until the end of 1941 my main task was that of Inspector General of the Luftwaffe. From that point onward, the work as GL took the first place, while in my capacity as Inspector General I was continuously travelling by plane. But as Inspector General I was tied more closely to the Berlin ministry. Oh, I beg your pardon, I mean to say as GL. There we had meetings every day; and in my capacity as GL I took over a technical staff in the Ministry of over four thousand. I reduced this staff to about half; but in spite of that the number of conferences and meetings could not be reduced. Therefore, I had to go through the incredible amount of papers which were to be read and also the papers which had to be signed; and I had to take them home in the evening. I think that always amounted to two large suitcases and sometimes even three of them. On the average I would work at home until 2:00 o’clock, a.m. The reading was the main task because in all technical matters I had to be up to the mark myself; and that was not very easy for me because, after all, I had not studied technique but rather was a self-taught man as a soldier who had been a pilot. In the morning I would start my duties at 9:00 o’clock or at 9:15. Generally I would eat my lunch at my desk, and often I even ate my dinner at my desk, so that I had the impression that I was overburdened with work. Even apart from these two functions, as GL and Inspector General of the Luftwaffe, the direction of the different other offices in the Ministry made quite a lot of work for me, though in my last position the excellent General Foerster took most of the work off me.
Q. Witness, are the offices correct as they are shown on this chart which I have submitted to the Tribunal, and can you confirm them as such?
A. Yes.
DR. BERGOLD: May it please the Tribunal, this concludes my interrogation; and I make room now for the prosecution.
_CROSS-EXAMINATION_
MR. DENNEY: You testified as a witness before the International Military Tribunal on behalf of the defendant Goering, did you not?
A. Yes, I did.
Q. And in the course of your testimony before the Tribunal you stated that you were the second highest officer in the air force?
A. Yes, that was my rank.
Q. So that the only one who ranked higher than you was Goering?
A. Yes.
Q. And that continued up until the time when you told us this morning that you completely withdrew, which, I believe was some time in January of 1945?
A. Yes. May I remark here that from 1937 several officers were in the second place. That is to say, the chief of the general staff, the chief of the personnel office, and also the GL. We were all of the same rank, as it were, but I was the most senior officer among them.
Q. And under Goering there were really four echelons; that is, the chief of staff, the inspector general, the GL, and the director of the personnel office?
A. Yes. They were all equal to each other.
Q. Goering was on top, and then came these four in a parallel line below him; is that right?
A. Yes, under Goering.
Q. And you, from 1941, November, following Udet’s death until sometime in the middle of 1944, held both the office of GL and inspector general?
A. That is correct.
* * * * *
MR. DENNEY: If your Honor pleases, I ask that this be marked Prosecution Exhibit 133 for identification. This is a letter, dated 1 April 1943. The writer of the letter is Sauckel, and the letter is addressed to the defendant.
“Most honored Field Marshal,
“I take the liberty of enclosing in confidence three copies of the speech I gave in Poznan on 5 and 6 February 1943, on the occasion of the Reich and Gauleiters meeting and beg you kindly to peruse it. The figures contained in this speech refer to the end of the year 1942. Of course, the figures given concerning utilization of labor have again increased in the meantime. I would ask for your continued sympathetic understanding of the interests of manpower utilization, and your understanding and assistance in my task as far as possible. On my side, I can assure you that I always have asked the offices of the labor allocation administration subordinate to me for close and successful cooperation with all departments, and that I will do so for the future too.
“Heil Hitler, “Yours respectfully, [Signed] “Sauckel”
And, on the 7th, the last page, the defendant acknowledges receipt of this letter:
“Most esteemed Gauleiter,
“I thank you most cordially for kindly transmitting to me the speech you made in Poznan on 5 and 6 February 1943 on the occasion of the Reich and Gauleiters meeting.
“Heil Hitler! Yours.”
* * * * *
Q. Do you recall receiving it from Sauckel on 1 April 1943?
A. No. At the beginning of April I wasn’t there the first few days. I see a remark, by somebody else, on this document. It probably says—I can’t read it very well—“for the files of the Central Planning Board”. Perhaps this letter may have been submitted to me later on—I do not know whether I replied myself. I certainly did not read the report because otherwise I would be able to recall the figures.
Q. But you did initial the letter, didn’t you?
A. I do not know. I do not recall it at all.
* * * * *
MR. DENNEY: On the copy that your Honors have, I believe it’s apparent in the upper left-hand corner of the first page, the defendant’s initials appear there, as well as on the original letter.
* * * * *
Q. Now, do you ever recall saying that you would put the German workers into concentration camps, the ones who did not work well?
A. When I talked about slackers, I referred to education by Himmler, but not to sending them into concentration camps. Himmler had other training places for workers where such people who were disinclined to work were being trained by making their supplementary rations dependent on their production.
Q. Don’t you recall that you asked that certain camps be set up especially to take care of these German workers who weren’t doing well?
A. I did not say that we should make a special camp, but that they should go to the training camps which already existed and we could get them back from there. I do wish to emphasize here these were people, Germans, who did not do their duty towards their Fatherland. I thought it justified that such people should be trained.
* * * * *
MR. DENNEY: Witness, I believe you said you kept a diary?
A. A diary? You could not call it exactly a diary, I only took some short notes concerning my stay, and I jotted down a few key words which conveyed generally the most important matters.
Q. That was lost, was it, or destroyed, when you were captured?
A. It has not been lost. I still have it here.
Q. That is what you are referring to?
A. If I look up where I was at a particular day or what personalities I met, I refer only to the most important questions, not to everything, I can see whom I was with. Sometimes there is a table of contents, too, which is more detailed, according to the interest I had in those questions. For instance, for 28 October, which you referred to a while ago, I only have the following: My dispute with Goering he had reported to Hitler; he had not obtained anything, and now he started to vent his bad humor on me. Then comes a short note again that there was a conference afterwards with Goering. That was in Karinhall. It went on for the whole day. It was one hour from Berlin by car. I noted down that Speer was there, that Sauckel was there, Grawitz, von der Heyde, and some others. There is no mention what subjects were discussed, but the attendance of Sauckel clarifies the matter for me. That is an example of how I would enter these notes in this book.
Q. Insofar as you recall, you were at that meeting on 28 October?
A. Yes, indeed. I have found it here in my book.
* * * * *
PRESIDING JUDGE TOMS: Mr. Denney, let’s get an unequivocal answer to this. Did you put the initials on the letter from Sauckel?
MILCH: The “Mi”, yes, indeed.
Q. You wrote that?
A. Yes, I did. I wrote it. Somebody else wrote “to the files—”
Q. Never mind what somebody else wrote. Now, on the first page of the pamphlet, the printed speech, there are some initials. Did you write those?
A. On the cover, yes; I did, “Mi, 6/4”, that is what I wrote.
Q. All right.
MR. DENNEY: Do you recall saying that Americans were never assigned to work in any of the airplane factories?
MILCH: Yes, I said that.
Q. This is Document NOKW-364, which is a partial translation of the minutes of the Jaegerstab, held on 19 June 1944. The cover page, which is photostated here in the German, which will be given to the Secretary General, bears the initials of the defendant.
PRESIDING JUDGE TOMS: Is this a new exhibit?
MR. DENNEY: Yes, your Honor. This will bear Prosecution Exhibit Number 135 for identification, if your Honor pleases. Document NOKW-364, a partial translation of the minutes of the Jaegerstab of a meeting held 19 June 1944. On the covering page there appear the initials of the defendant. Perhaps the Secretary General would be good enough to let Mr. Blakeslee have the original so the cover page can be shown to the defendant. Just show it to him, Mr. Blakeslee.
(The document was handed to the defendant.)
* * * * *
MR. DENNEY: Do your records show that you attended a conference of the GL on 4 August 1942?
A. Yes, indeed. These discussions were twice a week. (_NOKW-409, Pros. Ex. 140._)
* * * * *
JUDGE MUSMANNO: Curiosity consumes me as to what would happen if an officer inferior in rank to yourself took you at your word and actually executed a number of these workers or prisoners of war. Would that officer then be punished?
A. No one was there who would have been in a position to do that. Apart from that, all those who were under my orders knew me and my way of handling things. They knew that I didn’t mean it, and apart from that they always laughed about my remarks when I let myself go, as they said.
Q. In other words the comment of the Field Marshal in a matter of this seriousness was really of no value?
A. Because the people knew that I got excited very easily about certain things, and these incidents here have been selected and produced. From every one of these meetings which took place twice a month, there was a long report and owing to one or other of these reports, maybe once or twice, there would be a certain outburst or explosion, and then, as we soldiers were accustomed to do, we would just get mad, that is all. However, I didn’t intend to do anything about it and I spoke to those under my orders when the opportunity offered. They pointed the matter out to me. They knew exactly from my words that this was not meant seriously. They knew exactly that no such order had been given and that I myself would never cause anybody to be punished, not even then when it might have been justified, for the very simple reason that I did not have the power to administer punishments.
JUDGE PHILLIPS: Mr. Denney read this paragraph to you, Document NOKW-409, Prosecution Exhibit 140. I understood you to say this, that the paragraph did not contain your attitude there, that you never gave such an order, that when you were worried you sometimes used strong language as a soldier would. Didn’t you say that?
A. Yes.
Q. Well, now whether you meant it or not, you would say these things, and by so doing you counseled and advised others under you at a meeting over which you presided to do such things. Whether you meant it or not you did that, didn’t you?
A. No, I never gave an order by using these words, because my people spoke with me, and they knew afterwards from my words that I never meant it earnestly.
Q. Didn’t you say, “I would band the workers together and have fifty percent of them shot. I would then publish this fact and compel the other fifty percent to work by beating if necessary.” Did you say that or not?
A. I do not remember having said that. However, three days ago I believe I said that, when I had such a rush of blood to my head, due to that injury I had, and I couldn’t remember what I had said at that particular moment. I just burst out with rage.
Q. Well, if you did say that, you were advising and counseling others to do that, were you not?
A. No, that was not a counsel or an advice to anybody else. On the contrary, it was known that if someone had done such a thing I would have intervened myself.
* * * * *
[March 20]
JUDGE MUSMANNO: Since we are on the subject of Jews, I would like to refer to something which occurred at the first trial. Now you are not compelled to discuss this matter if for any reason you prefer not to, but you will recall that you were cross-examined by Justice Jackson on the subject of your being Aryanized. Do you recall that?
A. Yes, I recall it.
Q. Now you gave an explanation at the trial which, however, was not definite, it seems to have left something in mid-air, and since you have given us quite a long autobiographical sketch of yourself, if you would care to enlighten us on this point, you are free to do so.
A. My point of view is as I stated at the time.
Q. Yes.
A. That point of view I still adhere to.
Q. Let us see. You were asked certain questions and gave certain answers as follows:
“Question: At that time” (Goering had referred to 1933) “Goering had you—we will have no misunderstanding about this—Goering made you what you call a full Aryan; was that right?
“Answer: I do not think he made me one; I was one.
“Question: Well, he had it established, let us say.
“Answer: He had helped me in clearing up this question, which was not clear.
“Question: That is, your mother’s husband was a Jew; is that correct?
“Answer: It was not said so.
“Question: You had to demonstrate that none of your ancestry was Jewish; is that correct?
“Answer: Yes, everybody had to do that.
“Question: And in your case that involved your father, your alleged father, is that correct?
“Answer: Yes.” [There the inquiry rested.]
A. Yes.
Q. Just what had to be done to demonstrate that you were a full Aryan, and why did the question arise?
A. The first time that question arose was in 1933, and the occasion was the following: The president of the German Aero Club was reported as being adverse to the Hitler regime, and I protected that man. Following that, a man who was a member of the SA sent a letter to Goering, and I may add that this was a man who was trying to become a state secretary in the Air Ministry, and he had been deeply hurt when he, an old Party member, had to take second place to me. In this letter he said that State Secretary Milch was not a full Aryan. This happened in the summer of 1933. Goering forwarded this letter to me, and I went to Goering. Following that I was asked to submit my family tree. That is how this matter arose.
Q. In other words, you had to establish that no Jewish blood flowed in your veins, is that correct?
A. Yes, that is what I was supposed to do.
Q. And you established that to their satisfaction?
A. That was established.
* * * * *
Q. * * * Now, I understand you to say that the first time you learned of the proposed war against Poland was on 21 August, and even then it was not very clearly indicated that a war could actually be unleashed, and that further it was not until the very end of the day, that is to say, at five o’clock in the afternoon of 31 August that you were directed to put the Luftwaffe, or all your forces, in readiness for the attack. Is that correct? Is that what you said?
A. On 31 August, not to get ready, but I received the order: “The attack starts tomorrow,” that was the order for an attack, whereas, over-all preparations had been made previously at the meeting which took place with Hitler on 22 August, only then there was still the possibility of negotiations which were still going on. These negotiations came to an end on 31 August at 1700 hours.
Q. Did you not tell this Tribunal that after the meeting of 23 May 1939 you were convinced that war was not intended?
A. 23d of May?
Q. Yes, 23 May 1939?
A. Yes.
Q. That you had no intimation that Hitler intended an aggressive war on Poland?
A. Yes, because at that time, according to my recollection, Hitler stated again and again that he was certainly going to settle the Polish problem, but that he would not allow war to break out.
Q. And that you had called to his attention the necessity of manufacturing bombs, because you believed that hostilities might break out?
A. That was before that date, before the 23d, and also after the 23d, because I myself did not share Hitler’s optimism. Although he may not have intended to wage war, his policy might nevertheless have led to war, for he alone was not the deciding factor, the others would have something to say as well.
Q. And that assumption lulled you into the conviction that there would be no war, since he refused you authority to manufacture bombs?
A. Today I must assume that, at that time I was not aware of it.
* * * * *
Q. When did you first learn that an attack on Russia was intended?
A. At the beginning of January 1941—I beg your pardon—yes, that is right, 1941, on 13 January actually. It was then that Goering, during a conference with a large circle of commanding officers, informed us that one’s attention should be turned to the East, as Hitler was fearing an attack by the Russians.
Q. Yes, and you finally came to the conclusion that the declaration of war, or rather, the undeclared war against Russia was a crime against Germany.
A. Yes.
Q. Did you think it was a crime against Russia?
A. Yes, against Russia also.
Q. Also?
A. Yes.
Q. Now, you endeavored to see Hitler to persuade him not to enter this war.
A. Yes.
Q. And your immediate circle, your military friends, realized that it was foolhardy to provoke a war with Russia and thereby establish two fronts?
A. Exactly the way I saw it, yes. My immediate circle were of the same opinion as I was.
Q. And all the generals were of the same impression—that it was hopeless for Germany, and that further it was tragic and suicidal to Germany to allow Hitler to take over the control of the armed forces? You were practically unanimous in that belief, were you not?
A. This was never discussed in any larger circles.
Q. But you have testified—it is in the record—that you were all of that belief.
A. It transpired at a later stage, when it was discussed, that they were all of the same opinion.
Q. When was that?
A. Later on in the course of the war.
Q. When did you realize that it was a mistake to have Hitler as Commander in Chief of the Armed Forces?
A. I, personally?
Q. When was it thoroughly recognized, even though not expressed at a public meeting among the generals, that it was suicidal, a great mistake, to have Hitler as Commander in Chief?
A. That was the general point of view after Stalingrad. That is when it became general.
Q. And when was that?
A. That was the end of January 1943.
Q. Yes. You still had two and a half years of war ahead of you?
A. Yes.
Q. Why didn’t you do something about having Hitler removed?
A. It was my duty toward my people to keep allegiance to him. I had sworn an oath of allegiance to Hitler. I am only a human being who can see this world subjectively and I cannot presume to be an impartial judge on such questions. Moreover, I believe that in the whole of Germany’s history there is not one instance of soldiers rising against their military commander. I certainly do not know of one.
Q. Even though you realized that Hitler was leading Germany into stark annihilation and unspeakable hardship, and even though all the generals were of that same belief, yet you upheld this fetish of an allegiance which was destined, and very clearly so, to bring unparalleled misery to the people that you professed to be faithful to?
A. Your Honor, I personally did not presume to say that my judgment was right, and that Hitler’s judgment, and the judgment of all those around him, was wrong.
Q. Then, you modify your statement that Hitler was wrong? You say that he might have been right?
A. No, no, I am not saying that. What I am trying to say is that it was my point of view that the question whether the head of the state was to be overthrown or not was a matter for the constitution, and that for this eventuality the constitution and the state must surely have powers, means through which in such cases there could be intervention; but then it could not be the task of any individual general to take steps in such questions, which were, after all, unlawful.
* * * * *
[139] The defendant Milch testified in his own behalf on eight full trial days (March 11, 12, 13, 14, 17, 18, 19, and 20, 1947). His testimony is recorded in 581 mimeographed pages (_Tr. pp. 1696-2276_).
[140] Wolfgang Vorwald, former Commander of Luftgau (Air Force Administrative Command) VII, Munich.
[141] Defendant in case of United States _vs._ Ernst von Weizsaecker, et al. See Vols. XII, XIII, XIV.
[142] Doc. R-124, Pros. Ex. 48-A, Conference of 1 March 1944, pp. 484-498.
V. CLOSING STATEMENTS
A. Closing Statement of the Prosecution[143]
MR. CLARK DENNY: We close today the trial of a major war criminal—a leader in a slaving operation, the enormity of which is without historical parallel; a principal in a crime of murder in the ironic masquerade of scientific progress which has shocked alike the world of medicine and the world of laymen. The evidence set forth before the Tribunal has shown that Erhard Milch was primarily implicated as a leader in a program to bring laborers into Germany by force, of allocating them to the various segments of the German war economy, and of munitions.
We deal here with a top military and economic planner who at all times was fully informed as to the aims and objectives of the Nazi plan. Unlike his colleagues Speer and Sauckel, Milch entered the conspiracy early. The defendant was one of a small group of men who constituted the leadership of the Reich.
Before dealing directly with the responsibility of the defendant for the crimes charged in the indictment, as shown by the evidence, we should like to review, briefly, the law applicable to these crimes.
_THE LAW_
The indictment charges and the evidence has connected the defendant with a wide variety of crimes incident to the enforced labor program of the Nazi regime. In themselves, these crimes are not new except in their enormity. In domestic law they have, from ancient times, borne such familiar titles as assault, battery, murder, kidnapping and pillage. In international law the principles which protect the individual from undue interference with his person and his personal freedom have given rise to a series of kindred precepts governing the conduct of a nation which has gained factual control over the citizens of another state. We shall consider briefly some salient precepts and prohibitions of international law up to, and including the provisions of Control Council Law No. 10.
Much of the labor which supplied Germany with the tools of total war was exacted from people who had been uprooted from their homes in occupied territories and imported to Germany. Displacement of groups of persons from one country to another is the proper concern of international law insofar as it affects the community of nations.
The law has recognized that some conditions may justify the transfer of people from one country to another. Correspondingly, and with much more relevance to the present case, international law has enunciated certain conditions under which the fact of deportation becomes a crime.
If the transfer is carried out without a legal title, as is the case where people are deported from a country occupied by an invader while the occupied enemy still has an army in the field, the deportation is contrary to international law. The rationale of this rule lies in the supposition that the occupying power has prevented temporarily the rightful sovereign from exercising power over its citizens.
Articles 43, 46, 49, 52, 55, and 56 of the Hague Regulations, which limit the rights of the belligerent occupant, do not _expressly_ specify as a crime the deportation of civilians from an occupied territory. However, Article 52 states the following conditions under which services may be demanded from the inhabitants of occupied countries:
1. They must be for the needs of the army of occupation; 2. They must be in proportion to the resources of the country; and 3. They must be of such a nature as not to involve the inhabitants in the obligation to take part in military operations against their own country.
Insofar as this section limits the conscription of labor to that required for the needs of the army of occupation, it is clear that the use of labor from occupied territories outside of the area of occupation is forbidden by the Hague Regulations.
The illegality of the deportation of civilians in territories under belligerent occupation was demonstrated in the First World War when the Germans attempted a deportation program of Belgian workers into Germany. This measure met with world-wide protest and was abandoned after about four months.
Among the voices raised in protest against the deportation of Belgians by Germany in 1916-1917 was that of Lansing, Secretary of State. He wrote:
“The Government of the United States has learned with the greatest concern and regret of the policy of the German Government to deport from Belgium a portion of the civilian population for the purposes of forcing them to labor in Germany, and is constrained to protest in a friendly spirit but most solemnly against this policy which is in contravention of all precedent and all principles of international practice which have long been accepted and followed by civilized nations in their treatment of noncombatants in conquered territory.”
Other protests were lodged with the German Government by Spain, Switzerland, Netherlands, and Brazil, all neutral countries. International lawyers all over the world condemned Germany’s action in the strongest terms.
The opposition in the German Reichstag accused the government of violating the Hague Convention and refused to vote for the war budget.
It is worthy of note, in passing, that the defendant has testified at this trial that he knew of this effort at deportation of labor on the part of Germany in the First War and that he was much interested in the investigation conducted by a Reichstag Committee concerning this matter. He could not have followed this investigation, as he admits he did, without learning that the deportation in question was a violation of international law.
The second condition under which deportation becomes a crime occurs when the purpose of the displacement is illegal. A conspicuous example of illegality of purpose is found when the deportation is for the purpose of compelling the deportees to manufacture weapons for use against their homeland or to be assimilated in the working economy of the occupying country.
An attempt has been made by the defense in this trial to show that persons were deported from France into Germany legally and for a legal purpose, by pointing out that such deportations were authorized by agreements between Nazi and Vichy French authorities. This defense is both technically and substantially deficient. Many of the Vichy Government’s highest officials, who held office by reason of and under the protection of Nazi power, have been punished for treason by the present legitimate government. And, too, the agreements themselves were illegal—because they were exacted under duress, and because they were void _ab initio_ because of their immoral content. It is common knowledge that even the puppets of Vichy did not of their own accord agree to the Nazi deportation measures. It is equally clear that these agreements were _contra bonos mores_. Then, too, it was illegal for any French Government to conclude agreements which provided for the compulsory mass deportation of French workers to aid the enemy’s war effort. At the time of the agreement between Germany and Vichy there was merely a state of suspension of hostilities. French resistance had not ceased, and the outcome of the war continued to be uncertain. Lastly, the deportation agreements were invalid because their manifest purpose was to aid Germany in the commission of the crime of aggressive war. That an agreement in furtherance of an act which is illegal in international law is invalid has been stated by various authorities. For example, Professor Charles Cheney Hyde, of Columbia University, defines as internationally illegal “agreements which are concluded for the purpose of, and with a view to, causing the performance of acts which it (international law) proscribes.”
Professor Hall, page 382 of the 8th Edition of International Law (1924), declares:
“The requirement that contracts shall be in conformity with law invalidates, or at least renders voidable, all agreements which are at variance with the fundamental principles of international law and their undisputed applications * * *.”
Lauterpacht on International Law by L. Oppenheim, in volume I, page 706, states:
“It is a unanimously recognized customary rule of international law that obligations which are at variance with universally recognized principles of international law cannot be the object of a treaty.”
The final condition under which deportation becomes illegal occurs whenever generally recognized standards of decency and humanity are disregarded. This flows from the established principle of law that an otherwise permissible act becomes a crime when carried out in a criminal manner.
A study of the pertinent parts of Control Council Law No. 10 strengthens the conclusions of the foregoing statements, that deportation of the population is criminal whenever there is no title in the deporting authority or whenever the purpose of the displacement is illegal, or whenever the deportation is characterized by inhumane or illegal methods.
Article II (1) (_b_) lists under war crimes “ill-treatment or deportation to slave labor or for any other purpose, of civilian population from occupied territory.” It is clear that Law No. 10 establishes the following separate and distinct crimes: ill-treatment of civilians from occupied territories; deportation to slave labor of such civilians; and deportation for any other purposes of such civilians.
The prohibition of deportation of civilians from occupied territories irrespective of the purpose, as stated in Control Council Law No. 10, is a recognition of the principle of international law that a power in belligerent occupation has no right or authority (title) to deport the citizens of the occupied territories. The separate specification as a war crime in Law No. 10 of ill-treatment of civilians from occupied territories is a recognition of the rule of international law, as heretofore discussed, that even an otherwise lawful deportation (by an authority having title and for a legitimate purpose) is rendered illegal where the deportees are ill-treated.
Without entering into a detailed discussion of the evidence, it should be pointed out at this point, that all these conditions for criminal deportation were abundantly present in the enforced labor program of Germany during the 2d World War, and that the _knowing connection_ of the defendant with all phases of illegal deportation has been established.
Article II (1) (_c_) of Control Council Law No. 10 specifies certain crimes against humanity. Among these is listed the “deportation * * * (of) any civilian population * * *”. The general language of this sub-section, as applied to deportation, indicates that Control Council Law No. 10 has indeed unconditionally condemned, as a crime against humanity, every instance of the deportation of civilians. Under this sub-section, there would seem to be no room for argument as to the legality of any agreement on the part of any government, legitimate or illegitimate, which allows deportation of its subjects in time of war.
We come now to a consideration of the crime of enslavement. Whereas Article II (_b_) names deportation to slave labor as a war crime, Article II (1) (_c_) states that the “enslavement * * * (of) any civilian population” is a crime against humanity. Thus, Law No. 10 treats as separate crimes, and different types of crime, “deportation to slave labor” and “enslavement.”
Article II (_b_) does not specify as a crime the detention (as distinguished from the deportation) of civilians for use as slave labor or for any other purpose. However, the section does stipulate that any atrocities or offenses against persons which constitute violations of the laws or customs of war, _including but not limited to_ deportation to slave labor, are war crimes. Use or detention of persons from occupied territories for slave labor or for any other purpose, in and of themselves, _do_ constitute violations of the laws and customs of war. Ergo, such use or detention is a _war crime_ within II (1) (_b_) of Law No. 10.
The _crime against humanity_ which is termed “enslavement” in Article II (1) (_c_) of Law No. 10 is susceptible of two meanings. It can be understood to embrace the initial act of deprivation of the freedom of another, and an act whereby such deprivation is continued, or either of them, or it may be interpreted as referring only to the initial measures whereby a person is deprived of his freedom.
It is the contention of the prosecution in this case that all phases of the slave labor program, the taking, the transportation, the detention, the use and the inhuman treatment of foreign workers as practiced by the Nazi state and participated in by the defendant, constitute enslavement within the meaning of Article II (1) (_c_). No sufficient reason appears for the limitation of the crime to the mere initial act. In every true and complete sense a person is enslaved from the moment when his liberty is taken from him until the time when it is restored to him. It is more than probable that if Law No. 10 is intended to limit the crime of enslavement to the initial measures under which a person was deprived of his liberty, there would have been some definite indication, either in the language or in the context of the statute.
Even if we were to concede the narrowest possible meaning for the term “enslavement” in Article II (1) (_c_), so as to understand by it only the first acts of deprivation of liberty, all acts under which such people were kept in an enslaved status would be crimes against humanity, because the same section defines as such any atrocities and offenses committed against the civilian population. By express proviso “enslavement” and “deportation” are only illustratively mentioned, and “other inhuman acts committed against any civilian population” constitute crimes against humanity.
The result is that whether we adopt the broad interpretation of the term “enslavement” or the narrower one, the deportation, the transportation, the retention, the use and the inhuman treatment of civilian populations are crimes against humanity. The prosecution charges that the defendant was criminally connected with all the phases of the slave labor program, whether these divisions be comprehended within the technical term “enslavement” or be divided between the crime of “enslavement” and that of “other inhuman acts.”
We shall now make brief comment on the subject of the treatment and use of prisoners of war. The Hague and Geneva Conventions merely codify the precepts of the laws and usages of all civilized nations. Article 31 of the Geneva Convention provides that “labor furnished by prisoners of war shall have no direct relation to war operations.” Thus the Convention forbids:
1. The use of prisoners of war in manufacture or transportation of arms or munitions of any kind, and
2. The use of prisoners of war for transporting material intended for combat units.
The Hague Regulations contain comparable provisions.
The essence of the crime of the misuse of prisoners of war derives from the kind of work to which they are assigned—in other words, to work directly connected with the war effort. The prosecution would like to recall to the court the evidence which connects the defendant with both the _illegal employment_ of prisoners of war and with their abusive treatment. The Tribunal will recall that the defendant ordered the murder of prisoners of war who attempted to escape. We will discuss this crime more fully later. It will be remembered that there never has been a substantial denial of the fact that prisoners of war were used to man German antiaircraft batteries. Nor is it subject to doubt that prisoners were used in air armament industries over which the defendant exercised supervisory control.
We now come to the consideration of the basic charges and the law governing the defendant’s complicity in, and responsibility for, the Medical Experiments Program. The fundamental crime with which the defendant is charged in this connection is murder. Also involved are various atrocities, tortures, offenses against the person, and other inhuman acts.
The applicable provisions of Control Council Law No. 10, Article II, are (_b_) war crimes, (_c_) crimes against humanity. In connection with the criminal Medical Experiments Program, the prosecution submits that the defendant is guilty of—
(_a_) War crimes, namely violations of the laws and customs of war, as the medical experiments performed upon involuntary persons, some of them nationals of countries at war with the German Reich, involved the commission of murders, tortures, and other inhuman acts.
(_b_) Crimes against humanity, namely medical experiments performed upon involuntary German nationals and nationals of other countries, in the course of which, brutalities, murders, and other inhuman acts were committed.
Before we pass from the law involved in this case to a consideration of the evidence, we wish to mention the legal basis for the prosecution’s contention that the defendant must share the guilt which attaches to the slave labor program and the conduct of medical experiments upon unconsenting human beings. Control Council Law No. 10 defines for us the theory upon which this trial proceeds in Article II, paragraph 2, when it says:
“Any person without regard to nationality or the capacity in which he acted, is deemed to have committed a crime as defined in paragraph 1 of this Article, if he was (_a_) a principal or (_b_) an accessory to the commission of any such crime, or ordered or abetted the same or (_c_) took a consenting part therein or (_d_) _was connected with plans or enterprises involving its commission or_ (_e_) _was a member of any organization or group connected with the commission of any such crime_. * * *” [Emphasis added.]
Without wishing to limit the scope of the testimony in this case, the Tribunal’s attention is directed to the evidence which has established that the defendant, as a member of the Central Planning Board, and the Jaegerstab, and as Generalluftzeugmeister, and in every one of his capacities, was connected with “plans and enterprises” for the commission of war crimes and crimes against humanity, and was a “member of organizations and groups”, within the meaning of subdivisions (_d_) and (_e_) of paragraph 2, “connected with the commission of such crimes”.
Count One, paragraph 6, of the indictment charges the defendant Milch with guilt in the murder of prisoners of war who had attempted to escape from enforced labor in German war industry. The gist of this crime is murder, which is, and always has been, prohibited by every country which laid any claim to civilization. It was specified as a war crime under the Hague and Geneva Conventions and under the provisions of Article II of Control Council Law No. 10. The evidence which connects the defendant with this crime will be discussed in another part of this summation.
Law Number 10, Article II, paragraph 3 provides that the death penalty or lesser sentences may be prescribed for the commission of war crimes and crimes against humanity as defined in the statute.
We turn now from the law to the evidence. In the presentation of its case in chief, the prosecution first offered evidence to describe the slave labor program in Germany in all its stark terror. It then turned to a presentation of the proof which connected the defendant with the slave labor program in two of his principal capacities, as member of the Central Planning Board and as member of the Jaegerstab. Next there was put in evidence the documents which established the defendant’s connection with the medical experiments, and finally, after the defense had put in its case, the defendant was confronted with the evidence of additional documents which connected him with the detention and mistreatment of slave labor in his capacity as Generalluftzeugmeister. In summing up the evidence the prosecution wants to keep roughly the same order. It will deal in turn with the evidence of the defendant’s activities as member of the Central Planning Board and as member of the Jaegerstab. The documents relating to the defendant as Generalluftzeugmeister will then be dealt with and, in conclusion, the defendant’s implication in the criminal medical experiments will be discussed.
When, in the course of presenting the evidence, we first turned our attention from the general documents which established the body of the crime of slave labor to the documents which were to prove the defendant’s connection with that crime, we asked the Court’s attention to certain key words which we said would run like small threads through our proof. These words were cited to be “procurement, allocation and use”. It was stated that we would often use them. We offered many documents to prove Milch’s connection with each of the functions described by these key words. Once again, we ask the Tribunal to keep these words in mind.
The Central Planning Board, which was established in April 1942, served as a means of consolidating in a single agency all controls over German war production. The minutes of the Central Planning Board which have been submitted to the Tribunal reflect the dominant role played by the defendant at meetings of the Board.
The best evidence of the scope and authority of the Central Planning Board is contained in the Board’s own minutes. The first conference of the Central Planning Board was held on 27 April 1942. The duties and responsibilities of the Board were announced in these words:
“The Central Planning in the Four Year Plan (decree of the Reich Marshal of Greater Germany [Goering] of 22 April 1942) is a task for leaders. It encompasses only principles and executive matters. It makes unequivocal decisions and supervises the execution of its directives. The Central Planning does not rely on anonymous institutions difficult to control but always on individuals and fully responsible persons who are free in the selection of their working methods and their collaborations, as far as there are no directives issued by the Central Planning.”
Then, six months later, on 20 October 1942, the statutes of the Central Planning Board were published and distributed. A portion of these states:
“The Central Planning Board created by the Fuehrer and Reich Marshal in order to unify armament and war economy deals only with the decision of basic questions. Professional questions remain the task of the competent departments which in their field remain responsible within the framework of the decisions made by the Central Planning Board.”
It is addressed to: “The highest Reich authorities, the Reich Protector, the Governor General and the executive authorities in the occupied countries.” The letter of transmittal stated in part:
“Enclosed I send you for your information the statutes of the Central Planning Board with the request to support the office of the Central Planning Board in every possible way in its work, and to direct, more particularly, your section chiefs and reporters to forward all information requested orally, or by writing, in the shortest possible time. By this collaboration by your section chiefs and reporters, the building up of larger machinery in the framework of the Central Planning Board is to be avoided.”
The International Military Tribunal found that the Central Planning Board “had supreme authority for the scheduling of German production and the allocation and development of raw material”.
It needs no emphasis that the effective performance of these functions necessarily involved the Board in the requisitioning and distribution of labor, and the records of the Board, which have been submitted, leave no doubt that the Board exercised the authority conferred upon it in the field of labor. The International Military Tribunal in its opinion found that the Board requisitioned labor from Sauckel with full knowledge that the demands could be supplied only by foreign forced labor, and that the Board determined the basic allocation of this labor within the German war economy.
In assessing the guilt of the defendant Funk, the Court said:[144]
“In the fall of 1943, Funk was a member of the Central Planning Board which determined the total number of laborers needed for German industry, and required Sauckel to produce them, usually by deportation from occupied territories. Funk did not appear to be particularly interested in this aspect of the forced labor program, and usually sent a deputy to attend the meetings, often SS General Ohlendorf, the former Chief of the SD inside of Germany and the former Commander of Einsatzgruppe D. But Funk was aware that the Board of which he was a member was demanding the importation of slave laborers, and allocating them to the various industries under its control.”
Bearing in mind the fact that Funk was a minor member of the Board, how much greater is the responsibility of the defendant who was a dominant figure on the Board throughout its existence.
There is no need to review in historical detail the defendant’s personal participation in the criminal activities of the Board. A few references to the pattern for 1944 will suffice. The Tribunal will recall that Albert Speer, the other dominant member of the Board, was ill during most of this period.
On 4 January 1944, demands were made at a Hitler conference that Sauckel produce four million new workers from the occupied countries. The defendant was present at the conference, and at this meeting, Sauckel, in pledging himself to perform his recruitment tasks, indicated that the demands could be met only by Himmler, and the promise of assistance was forthcoming from the Reich Leader SS.
The allocation of this labor to the various sectors of the German economy was determined by the Board at its 53d meeting. The defendant was the presiding officer at this meeting. The chart compiled by Milch and found in his files shows his personal knowledge of the sources of the labor being allocated.
Sauckel was, however, unable to satisfy completely these demands. He reported this inability at its 54th meeting. This meeting of the Board was presided over by the defendant, and the minutes which we have submitted show the subordinate position occupied by Sauckel with respect to the Board. The Tribunal will recall Sauckel’s opening statement:
“Field Marshal, gentlemen, it goes without saying that we shall satisfy as far as possible the demands agreed upon by the Central Planning Board.”
And then later on in the meeting:
“If I am to fulfill the demands which you present to me * * *.”
We shall not review in detail the minutes of this meeting, but the Tribunal’s attention is again directed to the fact that Sauckel was questioned closely by the defendant who suggested that the Wehrmacht be assigned to the task of assisting in the recruitment drive. The defendant suggested that French workers be coerced by a system of premeditated starvation. In dealing with the problem of Italian laborers, the defendant suggested that only those who went to Germany or worked in protected factories be given food.
As a further means of meeting the manpower shortage, consideration was given to possible measures for increasing the productive power of prisoners of war. Accordingly, on 5 March 1944, a conference was held at the Fuehrer Headquarters. It is evident from the minutes which have been submitted to the Tribunal that the defendant was in attendance. The Tribunal will recall that the decision was made to give the direction of the Stalags to the SS, in order to increase the production power of the prisoners. This was not to apply to the Americans or the English. The Tribunal will take judicial notice of the methods of the SS.
On 7 July 1944, Sauckel issued a report showing new manpower placed at the disposal of German war industry during the first half of 1944. We shall not review in detail this report, but merely state that it is proof of the Board’s directive to Sauckel.
This report, however, showed a deficit, and on 11 July 1944 a further conference was held to solve the question of how greater compulsion could be exerted on persons to work in Germany. The defendant has testified that he was in virtual retirement from production matters since late June 1944. Yet the record of this conference shows that he was present. The result of this conference was the greater utilization of the Wehrmacht in the recruitment of forced labor. The directive of Field Marshal von Kluge, which has been submitted in evidence, makes specific reference to the results of this conference.
Here, in brief, we have the picture. The defendant and the Board, of which he was a dominant member, requisitioning forced labor from Sauckel, allocating this labor to the various sectors of the German war economy, and later improvising new and more brutal techniques of force and terror for the recruitment of new labor.
The defense, besides denying the power and authority of the Central Planning Board, has challenged the authenticity and accuracy of its transcripts. The prosecution has been compelled to rely upon these minutes for much of its proof.
In this connection, it might be said that these same transcripts constituted the basis for findings of fact by the International Military Tribunal. They are quoted in the decision of that Court.
The statutes of the Central Planning Board, mentioned a few minutes ago, show the extreme care taken to insure the accuracy of reporting these meetings, as well as action taken or ordered to be taken. The statutes of the Board provide in part:
“In order to have the conferences properly prepared and to have the execution of the decisions supervised, the Central Planning Board appoints an office. This office consists of the deputies appointed by each of three members of the Central Planning Board; one of these three deputies shall be appointed chief of the office.”
Then follows a handwritten marginal note which I shall omit.
“In accordance with the attached distribution of work the office appoints reporters. These reporters are at the disposal of all members of the Central Planning Board. The office appoints one reporter to keep the record.”
And then, tasks of the office:
“The office prepares the meetings of the Central Planning Board in such a manner that the members of the Central Planning Board have the agenda and the material of discussion 24 hours in advance. For this purpose the office conducts preliminary talks with the competent departments, etc.
“On the strength of the record made by the reporter, the office sees to the execution of the decisions of the Central Planning Board by the competent agencies, and sees to it that the deadlines fixed are complied with.
“The members of the office keep the members of the Central Planning Board informed between the sessions.”
The minutes of these meetings which have been submitted to this Tribunal show that these proceedings were recorded and transcribed with characteristic German detail and accuracy. We need only refer to the charts and tables, and the remarks quoted in the transcripts. Of the 59 meetings fully covered by these official reports, 41 were prepared and signed by Ministerialrat Steffler, who was personally responsible for the accuracy and completeness of these reports.
Without the Central Planning Board the slave labor program could not have functioned.
_THE JAEGERSTAB._
Here we have the defendant in immediate contact with the slave labor program at its peak. By the testimony of the defendant, it was he who conceived and instigated the formation of the Jaegerstab. Speer and the defendant constituted its leadership. Speer’s participation was nominal and it was the defendant who directed its activities and acted as its chairman. Speer was ill during part of the Jaegerstab’s existence and has stated to the Court that he did not preside at a meeting.
The Jaegerstab assumed control over fighter production when the exploitation of foreign forced labor in air armament had already reached unparalleled heights. On 16 February 1944, the defendant had told his colleagues in the Central Planning Board that “our best new engine is made 88 percent by Russian prisoners of war.” On 25 March, he told his engineers that soon the percentage of foreign personnel in the aircraft industry would reach 90 percent. Reich Leader SS Himmler, reporting to Goering on 9 March 1944 on the employment of concentration camp personnel in the aircraft industry, stated that nearly 36,000 prisoners were employed and that an increase to 90,000 was expected. The formation of the Jaegerstab is partly explainable in terms of the battle to increase the manpower resources available for fighter production.
The Jaegerstab was assigned top priority. Projects for the recruitment and commitment of manpower were discussed by the Jaegerstab. The evidence presented before the Tribunal has shown that questions of manpower were time and time again referred to the defendant. We have seen him agreeing to use his prestige and influence upon Sauckel in efforts to obtain new workers for aircraft production. When manpower in sufficient numbers was not forthcoming through normal channels, the Jaegerstab did not shrink from other methods of obtaining its labor. When necessary the Jaegerstab recruited its own labor, either directly or by engineering “snatching” expeditions for the seizure of manpower arriving on transports from the East.
The defendant’s frank admission to his subordinates that “international law cannot be observed here” characterizes best his own participation in the activities of the Jaegerstab. Where, as was the case with France, transfers of production facilities were concerned, the defendant advocated the stripping of the country and the deportation of its people as prisoners of war. When the discussion turned to PW’s, the defendant was quick to suggest their transfer to places under air attack. When the transportation of Italian civilian conscripts directly recruited by the Jaegerstab for service in Germany was in question, it was the defendant who advocated the shooting of those who attempted to escape.
The Jaegerstab was no mere discussion group. As an agency with absolute authority over fighter production, the Jaegerstab acted by orders and directives. The Jaegerstab fixed hours of labor and conditions of work. It was the Jaegerstab, for example, which established the 72-hour work week in the aircraft industry.
In addition to its jurisdiction over fighter production, the Jaegerstab was charged with the program for the decentralization of the German aircraft industry, both to above ground bombproof installations and to subterranean locations. Much of the labor employed in both phases of the project was concentration camp labor. The defendant must have known this fact.
One phase, the transfer to new installations underground, was under the immediate supervision of SS Gruppenfuehrer Heinz Kammler. Kammler was a member of the Jaegerstab. Where, as was the case in some instances, labor was not forthcoming in sufficient quantity, Kammler informed the Jaegerstab of his intention to take large numbers of persons into protective custody for use on his projects. Members of the Jaegerstab knew that manpower shortages on the construction projects were at least in part due to the high death rate. The conditions of employment on the projects have not been substantially disputed. The Jaegerstab was well informed of these conditions. While on trips with the Jaegerstab, Kammler visited these projects and his fellow members of the Jaegerstab were well advised as to the manner in which workers employed on them were treated. Where it was necessary to hang thirty people merely as an example to others, Kammler reported this fact to the Jaegerstab.
A second phase of the program, the transfer of fighter production to bombproof factories above ground, was carried out for the Jaegerstab by Stobbe-Dethleffsen and later Xaver Dorsch. While Stobbe-Dethleffsen and Dorsch were immediately in charge, it was the Jaegerstab which received the funds and raw materials necessary for the carrying out of this project. When sufficient progress had not been made under Stobbe-Dethleffsen, the Jaegerstab demanded that Dorsch carry out this program. The defendant was a leader in the planning which preceded Dorsch’s appointment.
By the testimony of Dorsch, Milch was one of a small group which worked out with Goering the details of the project, including the question of manpower. Dorsch was represented on the Jaegerstab by Schlempp, and later Knipping, deputies designated for this particular purpose. Schlempp informed the Jaegerstab on the progress of the work, both orally and in writing. Dorsch received manpower from the Jaegerstab. This was the immediate concern of Schmelter.
Early in April 1944 the defendant represented the Jaegerstab at conferences with Hitler where the decision was first taken to carry out deportations. Shortly thereafter, the defendant received written confirmation of the results of this conference, as did Himmler, who was to procure the workers. Progress reports were made and delivery dates agreed upon. Then came the disappointing news that the first transports arriving at Auschwitz consisted primarily of old men, women, and children. Later on there were reports as to the successful allocation of this personnel. The testimony of Dorsch shows that these Jews were used on the construction projects, that the conditions under which they lived were intolerable, and that the death rate on the project was excessive.
In closing this phase of the case, it is submitted that the defendant never resigned from the Jaegerstab. While it is true that the defendant at Goering’s behest was removed from certain offices in the Air Ministry in the summer of 1944, he retained his membership in the Jaegerstab until its dissolution, the prosecution contends.
As Generalluftzeugmeister the defendant had complete control over aircraft production. In this field his authority was unlimited. In particular it has been shown that the defendant requisitioned labor for the aircraft industry with knowledge of the brutal and inhumane techniques employed in recruiting these laborers, and that he gave directives for the criminal treatment of these laborers at the centers of production.
There is evidence that the defendant presented the labor demands of the aircraft industry to Sauckel. The Tribunal will recall that in his affidavit Sauckel stated that it was the defendant who produced the manpower figures for aviation. In view of the position occupied by Sauckel in the slave labor program, this statement is of special importance.
The statement of Sauckel is in agreement with the statements of Hermann Goering, the defendant’s superior in the Luftwaffe. In his interrogation the former Reich Marshal stated that the defendant was in charge of the division for labor employment in the Air Ministry and that the industry demands for labor in air armament were made by the defendant.
Even the defendant’s collaborator Albert Speer testified to the same effect when he stated:
“The requests of the air armament industry for laborers were presented by Milch and he did not permit anyone to take this right away from him until March 1944.”
The defendant as Generalluftzeugmeister was acquainted with the methods employed in recruiting this manpower. In fact, many of the practices indulged in by Sauckel were formulated at conferences at which the defendant was in attendance. The Tribunal will recall that the defendant was present at a conference in which Goering announced his plan to use the Luftwaffe in the recruitment drive to capture laborers in Holland. The Tribunal’s attention is also drawn to the Generalluftzeugmeister meeting of 25 January 1944 in which methods for the more expeditious deportation of young Czechs for work in the Luftwaffe were discussed.
The defendant also knew that prisoners of war and concentration camp personnel were included in the manpower he was requisitioning and distributing to the aircraft industry. We have seen him trying to increase their numbers in the industry under his control, and we have seen him ordering and abetting the inhumane treatment of this labor.
As chief of aircraft production, the defendant regulated the treatment of foreign forced labor in the German aircraft industry. The defendant fixed hours of labor and conditions of work and by directives to his subordinates set basic policies for the handling of this labor within the industry.
Where foreign workers refused to work, the defendant ordered that they be shot. When these wretched slaves attempted to revolt, the defendant directed that some of their numbers be killed, regardless of personal guilt or innocence. In the case of prisoners of war who attempted to escape, the defendant ordered that they be shot.
When the “contracts” of workers under his control expired, the defendant ordered their compulsory extension, and when workers attempted to change jobs, he advocated that they be put in concentration camps.
In the case of Italians who refused to work, the defendant ordered that they be beaten and so informed his chief, Goering. And where Frenchmen refused to work in French factories under his control, the defendant stated that he would deport them by force and bring them to Germany or to the East. Similar policies were applied by the defendant in the case of Polish workers.
No more need be said about the Generalluftzeugmeister. The Tribunal has seen the documents containing the minutes of the meetings. The documents dealing with this phase of the case are particularly revealing in showing the fanaticism of the defendant and the enthusiasm with which he recommended ruthless treatment of the hapless victims of German occupation policies.
We will now restate the pattern originally presented in terms of the proof brought forward at the trial in order to ascertain to what extent the defendant’s culpability has been established with reference to the medical phase.
First, the body of the crime. The prosecution contends that in violation of the laws of war and all the laws of humanity criminal high-altitude and freezing experiments were carried on by Luftwaffe physicians.
The testimony of Dr. Erich Hippke, the Medical Inspector of the Luftwaffe, is of interest on this subject. Hippke stated that Dr. Rascher, a Luftwaffe physician at the time, came to Hippke with a proposal to use prisoners as high-altitude experimental subjects in May 1941.
Hippke was in a receptive frame of mind, for it was essential that the scope of these experiments be widened and new human subjects were needed. The researchers working on the tests had developed a certain immunity so that results of self-experimentation did not give a true picture of the reactions.
With the aid of Himmler and the SS, the Luftwaffe was able to proceed with the experiments which were allegedly necessary in the interests of German military aviation medical knowledge. But lest one be inclined to believe that these pressure experiments were considered as minor nuisances to the subjects concerned, with no real dangers, note the words of Dr. Hippke:
“I asked him,” speaking of Rascher, “how he would be able to obtain such persons for experimentation, and he justified himself by saying that he had connections with the SS who had charge of such penal prisoners. There were such penal prisoners in Dachau and he would be in a position to obtain them for these purposes. I myself, because of my inner personal feelings on the matter, was very much against these experiments and could not make up my mind whether I should approve such experimentation.”
From the very beginning of the plan to conduct these experiments, Dr. Hippke had strong mental reservations concerning the moral principles involved in the task which the Luftwaffe doctors were about to undertake. During the coming year Hippke weighed the problem, and it was with some misgiving that he finally allowed his doctors to begin the experiments, saying to them: “Please, children, go carefully.”
But, tragically enough, his “children” did not go carefully. Instead, they ran amuck with their scientific apparatus and tests. The pressure experiments which were supposed to have been helpful to fliers of the Luftwaffe degenerated into so-called “X-experiments”, which meant “execution” experiments.
Seventy to eighty persons were murdered during the spring and summer of 1942 when the pressure experiments were carried on at Dachau.
During the subsequent freezing experiments a comparable number of concentration camp inmates forfeited their lives to the sadistic Dr. Rascher and his Luftwaffe associates.
Dr. Romberg himself admits having seen three persons die in the low-pressure chamber and concedes that at least nine other deaths may well have occurred when he was absent from his post at Dachau.
Wolfram Sievers,[145] the manager of the Ahnenerbe, the SS Research Institute, witnessed the death of an experimental subject in the freezing tank.
There is adequate evidence that the low-pressure and freezing experiments were carried out by Luftwaffe physicians for the benefit of the Luftwaffe. There has been no valid denial of the fact that the defendant was the Luftwaffe official responsible for the deaths and cruelties suffered in these twin torture chambers, the pressure chamber and the freezing tank.
Now, let us examine in more detail the second basic charge of the prosecution, namely, that the defendant was officially connected with these experiments which violated the laws of war and humanity.
We have the “Wolffy” letter of 20 May 1942 in which the defendant tells Obergruppenfuehrer Wolff of the SS that “the altitude experiments carried out by the SS and the Luftwaffe at Dachau have been finished.” In this same letter Milch announces that experiments in connection with perils on the high seas would be important; that the necessary arrangements have been made and, since the low-pressure chamber is no longer needed, it must be moved from Dachau. Thus the defendant has entered the picture and established his official connection with the high-altitude experiments and the low-temperature experiments, which proved to be considerably more than mere harmless chilling tests.
If, as the defendant contends, he was not officially responsible for these Luftwaffe medical experiments, then it should follow that other persons connected with them would not take cognizance of the defendant in this matter. The contention is ridiculous.
The witness Wolff had the following to say regarding a meeting he had with Milch in August or September 1942:
“Thereafter, we had discussed our official questions. I inquired about how he was, and if everything between the Luftwaffe and the SS was all right. During that occasion we also spoke about these experiments very shortly, if at all, and we spoke of the invaluable help which the SS was giving us by providing these voluntary inmates, which was helping us with our medical material which could be used at the front.”
It is to be noted that they talked about the experiments and Wolff asked how the Luftwaffe SS relations were. It is submitted that this demonstrates that Wolff regarded the defendant as the top man in the Luftwaffe Medical Experiments Program, as indeed he was.
Then there are the two letters addressed to Milch by Himmler and Wolff, substantially alike in content; Himmler’s, dated November 1942, in which he cites the opposition that exists among “Christian medical circles” to conducting experiments on helpless, involuntary concentration camp inmates. He refers to the narrow-mindedness of such medical men, which “will take at least another ten years” to remove. But this narrow-mindedness did not trouble the consciences of Himmler or the defendant Milch. Decidedly not. In the words of the Reich Leader SS: “We two should not get angry about these difficulties.”
The prosecution submits that Himmler would not have written a letter in this tenor unless he was certain that his good friend Milch would be in complete agreement with his views.
And how did Himmler regard Milch in connection with the experiments? As a casual onlooker, with a purely academic interest in the results obtained? No, Himmler knew that Milch possessed the over-all command, the ultimate authority in the Luftwaffe; that the Inspector General of the Luftwaffe was the man to refer to whenever a question arose as to the disposition of the pressure chamber or the status of Dr. Rascher. Witness Himmler’s request in his letter:
“I beg you to release Dr. Rascher, Stabsarzt in the reserve, from the air force and to transfer him to me to the Waffen SS. I would then assume the sole responsibility for having these experiments made in this field and would put the results, which we in the SS need only for the frost injuries in the East, entirely at the disposal of the air force.”
The logical corollary to this statement is inescapable. _If_ Rascher was not transferred to the SS and remained with the air force, the responsibility would not be Himmler’s alone. And we must remember that Rascher did not leave his Luftwaffe post until the year 1943 _after_ the experimental atrocities had been largely completed. Then where did this responsibility rest? Himmler had no doubts; it was on the shoulders of the defendant.
Nor did Karl Wolff, Himmler’s right-hand man, have any doubts as to the responsible person in the Luftwaffe, with reference to the medical experiments. He, too, wrote to Milch requesting that Rascher be released from the Luftwaffe and transferred to the SS. Here was a man, who, by his own testimony, “had a good comradely relationship” with the defendant. On the direct examination, Wolff testified regarding his connection with Milch:
“Q. In your position during the war did you have any official dealings with Milch?
“A. Yes.
“Q. In what connection?
“A. During peacetime—that is, from 1933 on, until 1939—there was a personal cooperation between Milch and me. _All difficulties between the Luftwaffe and the SS were handled at personal conferences in a very comradely way. This usage also took place during the war._”
It is because of the situation above described, that the prosecution has called Wolff the liaison man between Himmler and the SS on the one hand, and the defendant and the Luftwaffe, on the other.
The testimony and affidavit of Walter Neff, the Dachau prisoner who later became a block leader in Dachau, is of interest. This man saw Rascher often. Was Milch’s name mentioned by Rascher in connection with the medical experiments? It was. In his affidavit, which he did not repudiate when testifying before this Court, Neff said:
“The name of Field Marshal _Milch_ was frequently mentioned in Dachau. Every time I asked Dr. Romberg how long the cars and the low-pressure chambers would remain in Dachau, he assured me that _Milch_ would attend to everything. Dr. Rascher said to me that he had communicated with Milch personally and that the cars would remain in Dachau as long as he specified.”
Dr. Siegfried Ruff,[146] an important figure in the medical experiments program, head of the research section of the DVL, recognized the defendant Milch as the supreme authority in the experimental program. In his affidavit Ruff said:
“The entire medical research for aviation was under General Dr. Erich Hippke, in his capacity as Chief of the Medical Service, until 1944, and subsequently under Professor Dr. Schroeder. As Chief of the Medical Service, General Hippke was immediately subordinate to Field Marshal Milch * * *. The chain of command for these experiments was Milch—Hippke—Ruff—Romberg.”
Again there is the chart drawn up by Dr. Oskar Schroeder,[147] outlining the official Luftwaffe channels through which orders flowed from Milch to Hippke, and from Hippke to the various doctors engaged in the actual process of experimentation. Schroeder thus knew definitely that Milch was the Luftwaffe Chief in the medical experiments program. He later succeeded Hippke as Medical Inspector. Consequently, his chart is entitled to material weight in the proof offered by the prosecution.
Rudolf Brandt,[148] adjutant to Himmler, often had occasion to deal with correspondence between the Luftwaffe and the SS, regarding the experiments. In referring to Himmler’s request that Milch order Dr. Rascher to be transferred to the SS, Brandt wrote a letter to Wolfram Sievers, of the Ahnenerbe Society, stating—
“I assume that the _Field Marshal will of himself give the necessary orders_, and then confine himself to sending a brief answer to the Reich Leader SS.”
And Sievers writing to Brandt about the use of the low-pressure chamber says—
“The putting at our disposal of the low-pressure chamber, however, will be possible then _only if the Reich Leader SS writes in person to Field Marshal Milch concerning this_.”
These two men, Sievers and Brandt, were not uninformed of the course of the medical experiments nor of the competent personnel in the Luftwaffe and SS in this matter. On the contrary, Sievers admitted witnessing the death of an experimental subject in the freezing tank, and the subsequent autopsy, while Rudolf Brandt stated in his affidavit—
“Field Marshal E. Milch and Professor Hippke, Inspector of the Medical Service of the Luftwaffe, were fully informed about the low-pressure experiments. Actually these experiments could not have been conducted without the knowledge and approval of these men, as they were conducted for the benefit of the Luftwaffe and the experimenting persons were mostly Luftwaffe physicians.”
In the eyes of other persons, the defendant was the dominant force behind the Luftwaffe participation in the Medical Experiments Program. The defense has brought forward no adequate proof to show that they were mistaken. It is the conviction of the prosecution that no such proof exists.
The Commander in Chief of the Luftwaffe, Reich Marshal Hermann Goering, was thoroughly familiar with the organization which was his brain child, the Luftwaffe, and the way it functioned. What importance did Milch’s position have in Goering’s mind?
His affidavit reads—
“Included among the responsibilities of the Office of the Inspector General was the conduct of all research and experiments and of all matters pertaining to health and sanitation inspection * * *.
* * * * *
“That Generaloberstabsarzt Erich Hippke was the Sanitation Inspector of the Luftwaffe during the period from 1941 through 1944; that the Office of the Sanitation Inspector was directly responsible for the conduct of all research and medical experiments; that the Office of the Sanitation Inspector, of which Generaloberstabsarzt Erich Hippke was the head, was directly subordinate to the Inspector General, former Field Marshal Milch, and that former Field Marshal Milch was responsible for all action taken by Generaloberstabsarzt Hippke, or by the Office of the Sanitation Inspector or its subordinates.”
It has been established that criminal experiments, high-altitude and freezing, were carried on at Dachau by Luftwaffe physicians, working under the orders and supervision of competent Luftwaffe authorities.
We have shown that all Luftwaffe personnel connected with, or knowing about these experiments, from those closest to the place where the experiments were conducted—Dr. Rascher, and Walter Neff—to those high up in the positions of command—Goering and Schroeder—looked to Milch as the ultimate authority in the Medical Experiments Program. An investigation of the attitudes and convictions of the SS officials concerned in this program discloses the same picture.
Could all these men have been mistaken? Were they writing to and referring to the wrong man when they contacted the defendant? To put forward such a proposition is to deny the facts. There was no error, the facts are indisputable.
The defendant was and is officially responsible for the Medical Experiments Program of the Luftwaffe.
Lastly, we come to the question of the defendant’s knowledge of the experiments which were being carried out at Dachau for the Luftwaffe.
Throughout direct examination by his defense counsel, the defendant has consistently denied receiving reports authored by Rascher or in any other way being informed of the criminal nature of those experiments, until the time of this trial.
However, he was very much interested in altitude experiments as such. The following excerpt is from his testimony under questioning by Dr. Bergold:
“Q. Witness, how far were you interested in these high-altitude experiments in question as GL?
“A. We were interested in the real altitude tests as I know it exactly, because I want to state this figure as 13,500 meters, and we added 500 meters in order to get a square figure. However, we knew that this last 500 meters, which I have mentioned, we were not too interested in that. We were only interested in the first place in cabin planes, too, after a certain test had been carried out on 388-cabin suits, whether it did not succeed or fail, because a person could not move properly the way those suits were, due to low pressure up there in the air is felt much more than here on the ground.”
The Tribunal’s attention is directed to this figure of 14,000 meters, which is approximately ten miles. Milch wanted that altitude simulated in the pressure chamber and the human reactions studied.
It was on 20 May 1942 that Milch wrote his letter to Wolff. Here he said that Hippke had reported to him that the altitude experiments carried out by the SS and Luftwaffe at Dachau were finished. Mention was made of Rascher’s availability for the forthcoming experiments dealing with sea perils. And Milch stated that the low-pressure chamber could no longer remain at Dachau. In this one letter, the defendant demonstrates his knowledge that the SS and the Luftwaffe were conducting, and had completed, altitude experiments at Dachau and that Dr. Rascher was involved.
There is the letter of 4 June 1942 to Hippke, wherein the defendant exhibits his authority in regard to the low-pressure chamber and the tasks of Dr. Rascher.
On 25 August 1942, Himmler wrote to the defendant enclosing the report on the high-altitude experiments. Moreover, he asked Milch to receive Drs. Rascher and Romberg for a lecture and presentation of the film on the experiments. Himmler suggested that Milch refer the matter to the Reich Marshal “because of its importance”.
This last statement should dispel any possible doubts as to the attention accorded these experiments by official German military circles. In fact, the defendant himself admitted discussing the experiments with Goering on 13 September 1942. The defendant spoke of Himmler’s interest in the program, and the apprehension felt by the Medical Inspector Hippke, although “he did tell me that everything was all right.” The disposal of the pressure chamber was settled in this talk with Goering.
The defendant has said that the experiments, reports, and other aspects of the matter were not known to him, partly because he had no time for this, and partly because he had no technical knowledge of the subject. He would have this Court believe that the experimental program was a minor matter—one that the Inspector General of the Luftwaffe would not pay close attention to. Yet we have seen that it was important enough so that Himmler was frequently corresponding with the defendant or others on the subject. It was important enough for the defendant to bring the matter to Goering’s attention, even to the details of the disposition of the low-pressure chamber.
On 31 August 1942, the defendant wrote to Himmler, acknowledging receipt of the report on altitude experiments, and telling Himmler that he was “informed about the current experiments”.
While on the stand the defendant attempted to explain this letter by referring to the usage of German Ministries, where the form “I” means the Ministry as such. But he admitted that he had written the closing sentences of this letter “I remain yours, as ever, etc.” Here he did not deny that “I” was used in its ordinary sense. It is neither logical nor capable of belief that in the same letter to Himmler, defendant would use the word “I” in two different senses.
It was also on 31 August 1942 that Hippke discussed the experiments with the defendant, expressing _doubts_ and _misgivings_. In reply to Milch’s question, Hippke told him that these doubts had not been substantiated.
Thus it can be seen, from Milch’s testimony itself, that a cloud of suspicion and evil hovered over the entire Medical Experiments Program.
It is useless, indeed futile, to punish the perpetrators of criminal acts on the one hand, and to ignore those in high positions who have made possible the commission of the crimes. The defendant has belabored the term “duty” in the course of his testimony. He has spoken of his solemn oath to Hitler and to the German people. It would seem that it was incumbent upon the defendant to acquaint himself with the activities of his subordinates, at least to the extent that he should have known that people were being murdered in experiments, which from the evidence, were useless as far as the advancement of the knowledge of aviation medicine is concerned.
The present case is not without judicial precedent. A close analogy can be drawn between it and a recent case decided by the Supreme Court of the United States, _in re Yamashita_ [U. S. Reports, Vol. 327, October term 1945, Nos. 61 and 672]. The procedural and jurisdictional questions therein decided are of no moment to us now, but the facts of the Yamashita case are similar to those of the Milch case, and the opinion rendered by the Court is particularly in point in the matter of responsibility for senior officers.
General Yamashita was the Commanding General of the 14th Army Group of the Imperial Japanese Army in the Philippines.
Upon surrendering to United States Forces, he was indicted and tried as a war criminal before a Military Tribunal on the following charge—“while commander of armed forces of Japan at war with the United States of America and its Allies, unlawfully disregarded and failed to discharge his duty as commander to control the operations of the members of his command, permitting them to commit brutal atrocities and other high crimes against people of the United States and of its Allies and dependencies, particularly the Philippines, and he * * * thereby violated the laws of war.”
The Court summed up the issue as follows:
“The question then is whether the law of war imposes on an army commander a duty to take such appropriate measures as are within his power to control the troops under his command for the prevention of the specified acts which are violations of the law of war and which are likely to attend the occupation of hostile territory by an uncontrolled soldiery, and whether he may be charged with personal responsibility for his failure to take such measures when violations result.”
The Court cited Articles 1 and 43 of the Fourth Hague Convention of 1907, Article 19 of the Tenth Hague Convention, and Article 26 of the Geneva Red Cross Convention of 1929. It then stated—
“These provisions plainly imposed on petitioner, who at the time specified was Military Governor of the Philippines, as well as commander of the Japanese forces, an affirmative duty to take such measures as were within his power, and appropriate in the circumstances, to protect prisoners of war and the civilian population. This duty of a commanding officer has heretofore been recognized and its breach penalized by our own military tribunals.”
The Court thereupon denied the petition for certiorari and leave to file petitions, for writs of habeas corpus, and prohibition.
In the case of the medical experiments, we have a much less complex situation. There is no question of a senior officer in an occupied country, rather we are faced with a simple direct chain of command problem: Milch—Foerster—Hippke. Had Milch given the order, the experiments would have been terminated, but no order of termination was given—people were murdered and Rascher remained in the Luftwaffe until he was transferred to the SS in March 1943. The defendant had an affirmative duty to know what was going on, and an affirmative duty to act so as to stop the experiments. That he was ignorant of the true state of affairs is unbelievable in view of the letters and the testimony of those who were below him. Field marshals are not made as are noncommissioned officers. The road is a long one in any army from the position of private to the lofty peak of a field marshal. The defendant would have you believe that his powers were similar to those of a private first class. Yet we have seen him, high in the councils, a confidant of Hitler, one who could disagree with Goering, whose deputy he was on occasion, a man who was so thoroughly skilled a soldier that he seriously requested an assignment as a division commander, although his service had been in the air force for a decade prior to the request. If the defendant was not the responsible officer in connection with the medical experiments, then the scourge of the Wehrmacht has not touched the continent of Europe. There is no one who knows better than the defendant the principle of responsibility in any army. By holding the office which he held, he had the duty to control the activities of those who were his subordinates, to insure that they conducted themselves as soldiers and not as murderers. He has failed woefully in the task.
We have concluded now our remarks regarding the criminal activities of the defendant in his various capacities with respect to the slave labor program and the medical experiments. It remains only for us to deal briefly with the defendant’s participation in the murder of two Russian escapees, to discuss his defense of irresponsibility because of a bad temper, to discuss the use of PW’s, and to touch upon the testimony of some of the witnesses who appeared in his behalf, and the record of the meeting of 23 May 1939.
The defendant has maintained that he knew nothing about the shooting of the two Russian officers who attempted to escape in February 1944. We have his own statement, made at a time when the general situation, from the Wehrmacht’s point of view, was acute but not forlorn. The International Military Tribunal has stated in its judgment concerning Fritz Sauckel,[149] speaking of a statement made by Sauckel at a Central Planning Board meeting, “Although he now claims that the statement is not true, the circumstances under which it was made, as well as the evidence presented before the Tribunal, leave no doubt that it was substantially accurate.” The word “circumstances” as there used refers to a meeting of the Central Planning Board on 1 March 1944. Milch made his statement at the prior meeting held on 16 February 1944 (53d). The letters submitted by the defense in connection with this episode are interesting. The first and second from Schmidtke on 10 January, and from Gangolf on 13 January, refer to a similar incident other than that with which we are here concerned. The third letter from Winterstein on 12 January says nothing about the deaths. The affidavit of Prell, other than stating that the deaths occurred on a Saturday, is of no value. The witness Barthelmess, who made an affidavit though a resident of Nuernberg, was not called. The affidavits of Klein and Popp were offered; each is in a prison camp in the American Zone, yet neither was called. The letter of Janko recites the facts in a context suggestive of the words used by the defendant when he described the incident in the 53d meeting of the Central Planning Board on 16 February 1944. Here, too, it is submitted that the circumstances under which the statement was made leave no doubt that it was substantially accurate. The defendant boasted of his prowess as a commander who ordered executions when he would impress those who curried his favor at the Central Planning Board meetings, but now he says he had no authority to give orders and if he had given them, they would not have been obeyed.
The defendant has offered, as a plausible reason for the employment of Russian, French, and Italian prisoners of war, the fact that various historical events made it unnecessary to abide by the terms of the convention concerning prisoners of war. The witness von Neurath testified that Russia had renounced the conventions in question, and hence Germany could renounce them as to Russia. As for France, it is contended that the alleged government headed by Pierre Laval had concluded an arrangement with the Reich which made it legal to employ prisoners of war in tasks forbidden by the Conventions. A similar reason is advanced for the use of Italian prisoners, the concluding of an arrangement between the Reich and Mussolini. The International Military Tribunal made a finding with respect to this matter.[150]
“The argument in defense of the charge with regard to the murder and ill-treatment of Soviet prisoners of war, that the U.S.S.R. was not a party to the Geneva Convention, is quite without foundation. On 15 September 1941 Admiral Canaris protested against the regulations for the treatment of Soviet prisoners of war, signed by General Reinecke on 8 September 1941.”
I might add that Admiral Canaris was a member of the German Navy. Resuming the quotation—
“He”—Canaris—“then stated, ‘The Geneva Convention for the treatment of prisoners of war is not binding in the relationship between Germany and the U.S.S.R. Therefore only the principles of general international law on the treatment of prisoners of war apply. Since the 18th century these have gradually been established along the lines that war captivity is neither revenge nor punishment, but solely protective custody, the only purpose of which is to prevent the prisoners of war from further participation in the war. This principle was developed in accordance with the view held by all armies that it is contrary to military tradition to kill or injure helpless people * * *. The decrees for the treatment of Soviet prisoners of war enclosed are based on a fundamentally different viewpoint.’
“This protest, which correctly stated the legal position, was ignored”.
The defendant was a soldier of some experience, he knew it was improper, even criminal, to have the Russian prisoners work in the Luftwaffe factories, but he paid no attention to the breach of this duty of the soldier. The manner in which the Reich bludgeoned a treaty from the French is too well known to warrant discussion. It cannot be contended with any seriousness that the French prisoners of war, who were negotiated into slavery by a puppet government, were voluntary employees of the Germans. Indeed the witness Le Friec has testified that when he was taken to work in the airplane factory, he was told that he would “work on baby carriages”. The position of the defendant with reference to Italian prisoners of war and their illegal employment is still more absurd, if that is possible. The Wehrmacht had moved into Italy early in the war, and in 1943, when the Badoglio government concluded an armistice with the Allies, the Wehrmacht continued to occupy the northern part of Italy as an occupying power. They allegedly made a treaty with the by then tottering shadow of the former sawdust Cæsar and proceeded to bring the Italian prisoners of war to the Reich to work. Here again the soldiery had been sold into bondage by their former chief. The record shows that the Russian, French, and Italian prisoners of war were used to work in airplane factories. Whether they made the fighter plane, Me 109, or the jet fighter, Me 262, or the transport plane, Ju 52, is of little moment. In the total warfare in which the Reich was engaged, there is one certainty, that nothing was being constructed which was not part of the war armament program.
The International Military Tribunal stated in this connection—[151]
“Many of the prisoners of war were assigned to work directly related to military operations, in violation of Article 31 of the Geneva Convention. They were put to work in munitions factories and even made to load bombers, to carry ammunition and to dig trenches, often under the most hazardous conditions. This condition applied particularly to Soviet prisoners of war. On 16 February 1943, at a meeting of the Central Planning Board, * * * Milch said: ‘We have made a request for an order that a certain percentage of men in the Ack-Ack artillery must be Russians; 50,000 will be taken altogether. Thirty thousand are already employed as gunners. This is an amusing thing, that the Russians must work the guns’”.
That every aircraft factory in the Reich had antiaircraft batteries to protect it goes without saying. Who would know better than the defendant that such use was made of the Soviet prisoners of war? Further, this type of artillery was a part of the Luftwaffe and not a separate branch in the ground forces, as it is in the U.S. Army. The witness Foerster has testified that Soviet prisoners of war worked at the gun positions. If the number two man in the German air force could not have done anything toward arranging that the prisoners of war did not work in the factories, or work the guns, then no one in the Wehrmacht could have done anything about the situation.
We have heard much of the defendant’s violent temper and the resulting statements which, witnesses assert, were never taken seriously by those who heard them. The explanations offered by the defense are as frivolous as the alleged outbursts were frequent. It would have been difficult, if not impossible, for one who occupied the positions held by the defendant, to accomplish anything if his subordinates had to sift all of the strong statements he made, in an effort to determine which of them were seriously said. Further, his strong statements about the procurement and treatment of laborers are closely aligned with the grim reality as we have seen it. We submit that this man of violent temper believed in, and consciously advocated, the ruthless measures he recommended, and that his subordinates, to the best of their ability, complied with his recommendations. It is not reasonable to assume that one with his power could have made statements, of the kind of which we have heard here, and that he would then rely on the good offices of those who were around him to insure that nothing was done as a result of these statements. The Reich was not a country of innocent victims of one tyrant, but rather it was composed of a series of tyrants, each like the master tyrant, each with his own group of subordinates, who carried out the wishes and whims of their respective chiefs. If all men who held positions of authority in the Reich are to be believed when they say that they were personally opposed to criminal excesses, then we have the fantastic conclusion that these crimes were committed in the face of influential and unanimous opposition.
The witnesses produced by the defense left a little to be desired. Without indulging in exhaustive detail, a few statements made by some are worth comment.
The witness Koenig said that he didn’t know Himmler was head of the SS until 1945.
The witness von Brauchitsch did not know families were broken up and sent to concentration camps. It was this man, the aid to Goering, who passed on the Terboven letter of May 1942 to the defendant. The Court will recall that the letter told of the attempted escape and the resulting concentration camp detention of the Norwegians. It was the defendant who said that an attempt to escape by a prisoner of war is an honorable thing. Would not a similar effort on the part of some Norwegians merit something less than a concentration camp? Brauchitsch had said a little earlier that he did not know that foreigners were in concentration camps.
The witness Felmy has stated that some Yugoslav partisans were sent to Germany as laborers.
The witness Schniewind, who was present at the conference of 23 May 1939, did not under any circumstances gain the impression that aggression was announced.
The witness Vorwald, a subordinate of the defendant and hence his concern for these proceedings, may be assumed as being something short of disinterested, was thoroughly glib and exceptionally agreeable. He even agreed with the statement, on cross-examination, that the forces of the Reich were no longer in Africa in 1943. It is a matter of historical record that the invasion of that Continent began in November 1942 and that the campaign was concluded in the spring of the following year.
The witness Koerner, still laboring under the spell of the former leaders, stated that he believed Goering to be the last great man of the Renaissance.
The last witness of whom we shall speak is Karl Wolff. In his affidavit he spoke of meetings between Himmler and Milch over coffee and cigars. He spoke of the great cultural works of the SS. Was he speaking of Dachau and Mauthausen? With some vehemence, he insisted that he had deported only 1,050 Jews from all of Italy. He knew nothing of Dachau that led him to believe that anything unusual was happening there; although he did say that, in his visit there in 1942, the place was so clean that one could have eaten from the floor.
These represent a fair cross section of the witnesses, all of whom had roles of varying importance in the tragedy with which we are here concerned. Even as the defendant contends that he knew nothing of what went on, so do they echo the same refrain.
Much time has been spent in attempting to discredit the Schmundt record of the 23 May 1939 meeting. The Court is familiar with the findings which have been made by the International Military Tribunal on this subject. There has been no additional light thrown on the matter by the evidence here presented to indicate that the Schmundt record is anything other than a correct record of the events which transpired at the meeting.
We wish to discuss now in conclusion one document offered by the prosecution. This we have saved until the last because we believe that of all the evidence presented by the prosecution it is most typical of the defendant as a man and as a Nazi. We refer to the minutes of the conference of air force engineers and others which was presided over and was addressed by the defendant on 25 March 1944. This document, like so many others in this case, was initialed by the defendant.
The defendant stated that, as of the date of the conference, “We have in our employ today approximately 60 percent foreigners * * *.”
He continued, “The ratio is gradually approaching 90 percent foreigners, with 10 percent German managers.”
These are statements by a man who said he did not know about the extent to which foreign labor was used in his own industry, let alone in Germany. He stated that—
“The Fuehrer order provides clearly that the fighter plane program, which the Jaegerstab is starting, has priority over all other fields of armament * * *.”
He showed knowledge of the production of tanks and infantry munitions. He spoke of having the air force production “to an extent safely underground” in four months’ time. It is here that he stated that he was head of the Jaegerstab and that Saur was his deputy and Chief of Staff. Touching on his conferences with the various plant officials, he stated—
“On the spot the individual gentlemen are then told—supported by the combined authority of the State, the Wehrmacht, and the Party, that is Saur and me, Speer is unfortunately still on sick leave, otherwise he would also be present—what it is all about.”
He commented on labor—
“Thus, all pertinent questions are dealt with in the conferences about the commitment of labor and all competent men, who have anything to do with the commitment of labor, meet, especially the president of the competent provincial labor office. Thus it is determined on the spot, in the individual spheres, what the factory lacks.”
This is the man who has constantly maintained that he had nothing to do with labor. One can readily imagine a session between the Luftwaffe field marshal and a labor office chief.
We have heard the defendant deny and re-deny any knowledge of the slave labor program as such, let alone the extent to which it went. It is our contention that anybody who walked the streets of Germany could not have failed to have become aware of the activities which were being carried on by Sauckel and his henchmen.
He makes an interesting reference to bureaucracy:
“It is an error to believe that civilian offices are more bureaucratic than military offices. On the basis of my continuous and extensive experience, I can assure you exactly the opposite is true.”
This from one who would have the Tribunal believe that his staff and officers were one big happy family who ran things in a rather casual catch-as-catch-can fashion.
Speaking of the arrival of laborers, he said—
“In brief, the people arrive there and are put to work there. If any doubts exist as to whether a request is justified—for the people are not requested by numbers, but as electricians, blacksmiths, fitters, turners, as unskilled laborers, as foreigners—then this is settled. If the result shows that the request for people is not justified, then the matter is referred to a commission and this commission examines the facts within 48 hours. If it becomes apparent that dirty dealings are going on, my special court martial is called into play, and it hands down a quick decision.”
This from a man who has stated that he had no power to give orders. He stated further, “the normal work week in our industry is 72 hours.” The witness Krysiak testified that they worked 84 hours at the factory where the Mauthausen inmates were employed.
Speaking of the difficulties that resulted from the hoarding of spare parts by the various foremen, he said—
“Now it is your task to teach these people some sense and to put the entire system of hoarding on a sensible basis. I therefore ask you, as the senior authorities in the field: teach that to these people by force. There is no sense in writing letters. Such letters are not read. They would not understand them anyhow.”
The wish of a field marshal is as an order, and he advocated the use of force on his own people. The extent to which he urged that they go was expressed a few lines further on when he stated—
“Whoever hoards supplies must be punished immediately. By punishment I also mean shooting. For if these people are told what is at issue here, and they still try to hide parts of their supplies or to cover them up, that is dirty dealing and a crime against Germany. I want to say that very clearly and I want to say it in very sincere words, so that you yourselves will realize that we are dealing here with a question which is of decisive importance for Germany’s well-being, that we are not dealing with an ordinary point of discussion but with a question which decides about the life and death of Germany.”
He advocated killing Germans, not slackers but hoarders. He consciously used strong language, yet he would have it believed that he never spoke harshly except in a rage and that nothing ever came from his outbursts. He indicated knowledge of the overall figures on the breakdown of working hours.
“In considering the figures one has to know that 52 percent of the total man-hours are spent in equipping a plane and only 48 percent in building the aircraft frame and engine.”
He has said that he was powerless to do anything about requests from industry, yet he stated—
“If I want something from industry, then industry comes and says, ‘Yes, I have those and those requests.’ Only then can I do what you want.”
He again speaks of the death penalty when he says—
“Gentlemen, in this connection I may call your attention to another important point. If I visit an office and find out that something is being hidden there, then I ask for the death penalty for such a crime today. That is fraud. That is sabotage of the German armament industry.”
Can it be seriously contended that these words were regarded by the listeners as mere outbursts?
Next we have another illuminating passage on his attitude toward prisoners of war.
“Then there is still the human factor. We often had considerable difficulty with the human factor. The fluctuation there is very considerable. The quota of the Luftwaffe in the distribution of manpower was considerably lowered. The foreigners run away. They do not keep any contract. There are difficulties with Frenchmen, Italians, Dutch. The prisoners of war are partly unruly and fresh. The people are also supposed to be carrying on sabotage. These elements cannot be made more efficient by small means. They are just not handled strictly enough. If a decent foreman would sock one of those unruly guys because the fellow won’t work, the situation would soon change. International law cannot be observed here. I have asserted myself very strongly and, with the help of Saur, I have represented the point of view very strongly that the prisoners, with the exception of the English and the Americans, should be taken away from the military authorities. The soldiers are not in a position, as experience has shown, to cope with these fellows who know all the answers. I shall take very strict measures here and shall put such a prisoner of war before my court martial. If he has committed sabotage or refused to work, I will have him hanged right in his own factory. I am convinced that that will not be without effect.”
These words are strangely reminiscent of his speech at the 53d meeting of the Central Planning Board. He knew he had advocated and participated in flagrant violations of international law and here he went on record on this subject.
We see the defendant making a “big request” of the Quartermaster General and calling for “energetic action” by the chief of supply. This was a meeting of considerable moment and these statements did not go unheeded.
He spoke of the laborers.
“* * * We in the Luftwaffe armament industry have Russians, French prisoners of war, Dutch, and members of 32 other nations. The obtaining of interpreters alone presents a big difficulty there.”
Then he adds—
“We, the Quartermaster General and Generalluftzeugmeister, have already agreed that we are to balance the personnel also. Above all it is necessary that the member of the troops be treated in exactly the same way as the industrial worker.”
We have a strong statement concerning the feelings of the German worker. He said—
“By unjust treatment the German worker means that the treatment is not the same for all. That is what makes the German worker indignant. He wants everyone to be treated the same way. He wants justice and does not want to be ill-treated in words or any other way. He cannot stand it and he is right in not being able to stand it.”
The defendant advocated that the German worker be carefully handled. The Tribunal has heard from the witnesses Ferrier, Le Friec, and Krysiak how the foreign workers were handled.
He outlined the working program for the Easter week end—
“Finally I ask that the troops receive the fundamental order to work on Good Friday, the Saturday before Easter, and on Easter Monday in the same way as the people in the factories. The soldiers just do not have to go on furlough either. They must be told why.”
Are these the words of a man who is without authority to issue orders concerning the troops?
He acknowledged his employment of Russian prisoners of war and advocated that shirkers among the factory laborers be whipped back to their jobs. He said—
“I further ask for support by the Luftwaffe physicians. With all the rabble that we have among the foreign workers there is of course a lot of shirking. At the moment the Russians—that is, the Russian prisoners of war—are feigning a lot of fatigue and illness. The incidence of sickness of one and a half to two percent which we have had up to now has at least doubled, and in some factories it has been increased to eight, nine, and ten percent. That is, of course, done by previous agreement. There the official physicians must undertake an examination and if the physicians, who have to be very strict, find out that it is not true, then we return the fellows to work by means of the whip. Then the whip serves as cure.”
He again spoke of orders that have been given.
“If the factory knows: Now we are going to be attacked, and it has a few trench shelters but does not have a bombproof shelter or the like, then the people simply ran away from the factory automatically at each raid after the first one, and they could usually not be caught the next day either. That applies particularly to the foreigners. We have therefore now issued the following order, and have equipped the superiors accordingly with weapons and pistols: As soon as a factory which has already been attacked a few times can count on the raid’s being aimed at that particular factory again, then the personnel leave the factory, but in closed groups by shops, under the leadership of the man in charge of the shop, and, to the extent that they are German personnel, they leave singing military songs.”
Are superiors armed with weapons and pistols to lead contented German workers away from a factory in case of an air-raid? Little wonder that the foreigners who had been brought in like chattels ran away when the opportunity presented itself. Were these workers who were fleeing, voluntary workers?
Commenting on the gravity of the task of fighter production, and the importance of the months of April and May 1944, he said—
“That will be decided in six to eight weeks. If we succeed in this, then we will once again have time to carry out all the other tasks and jobs of this war and can also achieve greater successes in other fields.”
Were the “other fields” tasks to be accomplished in the sowing of seeds of the Reich’s culture?
The defendant has said that he knew nothing about the living conditions of the foreigners. It is obvious that he knew something, for he said—
“I also ask you to be of considerable assistance in the question of lodging in connection with the question of the relationship between our military personnel at the airfields and the workers. If we bring the people over to work, we also have to provide them with places to live. As far as foreigners are concerned, this has to be done in some suitable way. They cannot be put together with our people, just like that. But they should not be so far away from the airfield that one cannot get them to work at all.”
No, don’t let them live with the native workers, but be sure that they live close enough to the factory so that they can put in their 72 hours a week!
The importance of the fighter program is emphasized when he said—
“There are no laws of bureaucracy, there are no regulations, there is nothing at all as important as the task of winning the war.”
The defendant could not agree with anything that Hitler stood for after March 1943. He was trying to get out, but here he speaks of Hitler and his henchmen—men who, he said, were leading Germany to certain catastrophe:
“It is quite surprising how the population has endured this thing so far and how it always gets on its feet again when it is led in the proper way by true leaders who, thank God, are present among the people through the Party and the rest of the leadership. But you must not forget, gentlemen, war nerves have reached a point which cause us in the leadership group worry.”
He has said that he was not a wholehearted Nazi, but here he referred to himself as one of the true leaders and this at a time when the hands on the clock tolling the hours of the Reich were approaching twelve. Yet he would have you believe that he was a minor man.
He did not confine his speaking efforts solely to the Luftwaffe; he was one of the leaders, and as such it was natural that he should address the armament feeder industry. On that subject he said—
“What I am telling you today was told the other day to the entire armament feeder industry—that includes the blacksmiths, foundries, crankshaft workers of the iron producing industry, etc. They were likewise exhorted to produce the maximum. In the same way the Gauleitungen, all of the provincial offices, wherever we were, were addressed by us to that effect. But everyone considers that if he does not do his duty, we do not ask whether there is a law, we ask only that he is the responsible one, and that we will seize him no matter who he is.”
His first peroration is indicative of his attitude.
“Please go wherever you are going and knock everybody down who blocks your way! We cover up everything here. We do not ask whether he is allowed to or whether he is not allowed to. For us, there is nothing but this one task. We are fanatics in this sphere. We do not even consider letting anything at all distract us from that task. No order exists which could prevent me from fulfilling this task. Nor shall I ever be given such an order.”
Yes, the defendant was a fanatic. Too, he was one who could cover up. It was a willful man who could say that.
There is an interesting statement concerning the number of employees of the Luftwaffe. The defendant set it at 1.8 million. This is somewhat in excess of the .5 million figure that one witness mentioned.
It has been insisted that he had nothing to do with labor, it has been insisted that he could give no orders, yet in his second peroration to the same speech, he said—
“We have given orders that will make you laugh. Some labor control office or other suddenly declared that the Jaegerstab was not entitled, according to paragraph so-and-so, to establish a 72-hour workweek; it was not valid. I said: The gentleman is herewith informed, if he should say such a thing once more, he will be picked up; I have excellent cellars in this house. Then the opposition disappears immediately. But you have to count on such things, and the difficulty for you is that, in order to get through all the junk, one should clean out, first of all, a whole lot of little pigsties. Something will come out of this whole affair with us, yet. Whoever of my technical people from the Ministry does not earn his keep with the Jaegerstab now, and does not cooperate, I guarantee that he will never appear again in this Ministry, in the machine where I give the orders.”
Is this the man who said he could not have people sent to concentration camps? The witness Krysiak was “picked up” for having said in 1940 that Germany would lose the war. He was arrested by the Gestapo as the result of a private conversation. It is unbelievable that a field marshal could not, and did not, exercise the same power.
Today is the third anniversary of the speech of 25 March 1944 made by the defendant. His closing remarks on that day detail decisively the philosophy of the then field marshal of the Luftwaffe. Those assembled had been listening to their chief since midmorning. The hour was late. The hands of the clock were past twelve. Germany was in the fifth year of war. The defendant was concluding his speech. He said—
“Gentlemen, I know, not every subordinate can say: for me the law no longer exists, but he has to have someone who covers up for him. Not out of cowardice, but if you act according to the spirit of the old field service regulation, ‘Abstaining from doing something hurts us more than erring in the choice of the means’, and if, moreover, you keep in touch and immediately clarify difficult points so that something can be done, then we are willing to accept the responsibility, whether this is the law or not. I see only two possibilities for me and for Germany; either we succeed and thereby save Germany, or we continue these slipshod methods and then get the fate that we deserve. I prefer to fall, while I am doing something that is against the rules but that is right and sensible, and be called to account for it, and, if you like, hanged, rather than be hanged because Papa Stalin is here in Berlin or the Englishmen. I have no desire for that. I would rather die in a different way. But I think we can accomplish this task, too. We are in the fifth year of war—I repeat: The decision will come during the next six weeks. Heil Hitler!”
The time is at hand for another decision, a decision which will follow the dictates of sound reason. The record which will be made by this Tribunal and its judgment will be one that shall give courage to peaceful free men everywhere. Indeed, the defendant is fortunate that the decision in the present case is in the hands of those who do believe that the law exists and will continue to exist. There is no place for passion or for prejudice in the ceaseless tasks, the seeking of truth and the establishing of justice.
[143] Mr. Clark Denney delivered the closing statement before the Tribunal on 25 March 1947, Tr. pp. 2436-2488.
[144] Trial of the Major War Criminals, vol. I, p. 306, Nuremberg, 1947.
[145] Defendant in case of United States _vs._ Karl Brandt, et al. See Vol. I.
[146] Defendant in case of United States _vs._ Karl Brandt, et al. See Vol. I.
[147] Same as preceeding footnote.
[148] Same as preceeding footnote.
[149] Trial of the Major War Criminals, vol. I, p. 321, Nuremberg, 1947.
[150] Ibid., p. 232.
[151] Ibid., p. 246.
B. Closing Statement of the Defense[152]
DR. FRIEDRICH BERGOLD: May it please the Tribunal. In my opening statement I drew a picture of the defendant Milch which differs considerably from the description given by the prosecution. It is my hope that in the long course of producing evidence I have given proof that my conception is the full truth.
According to the testimony of the witness Richter, the affidavit of the witness von Mueller and according to the defendant Milch’s own testimony, nobody can doubt that Milch has never been a good National Socialist. His love for peace and his longing for a final understanding between the nations of Europe, especially between Belgium, France, England, and Germany, became completely obvious. No one who believes in justice would refuse to believe him if he states that he regarded the war as a misfortune. He was also one of the few intelligent men to admit Germany’s defeat in the First World War. There was no proof supplied that in any way prior to 1933 he supported any armaments. His testimony and military affidavit from von Mueller have shown that under his management the Luftwaffe was always a peaceful instrument of communication among the nations. It is to be regretted that the examination of foreign politicians, such as Van Zeeland, Pierre Cot, and Delbos, were not permitted, because only then the personality of Milch would have been shown in its true light. He must have been a peaceful and just man; otherwise, all these statesmen would not have had confidence in him. Even the witness delegate Messersmith, whose affidavit, Document 1760-PS, was introduced in the International Military Tribunal proceedings, affirmed that Milch condemned the coercive methods of the Nazis. He was different from the other Party members, so that after 1937 he lost Goering’s confidence. At that time he asked to be allowed to retire but in spite of his threat of suicide, he did not obtain that permission.
Such a man of such a past must be believed when he testified that even in 1939 he had no knowledge of Hitler’s aggressive intentions. Milch had misgivings about Hitler because he regarded the measures taken against Czechoslovakia as a breach of peace, and he was sufficiently intelligent to see that Britain would no longer tolerate such violations. Hitler was dishonest with him and always put before him his intentions for peace, even forbidding him the manufacture of bombs. The defendant never requested the manufacture of bombs because he intended to lead a war of offense, but only because, understanding the international situation, he was convinced that England would fight against the Nazi regime.
Up to that time, your Honor, nobody can find any inconsistency in the defendant’s outlook. It was no offense if he requested a Wehrmacht for his country in view of the world situation, and therefore he favored a reasonable rearmament. As long as all nations were peace-minded and maintained armies, Germany had the right to maintain armed forces as well. I beg you to remember that the defendant demanded from his superiors that rearmament should be effected in a slow and reasonable manner and that he had differences with them on account of this.
It was not for nothing, your Honor, I repeat that. Only for one to keep all these things in mind will it be possible to judge whether or not the defendant’s statement regarding the conference of 23 May 1939 is correct. A man who loves peace and works for peace was present at that conference and states today, or testified that the speech in question did not contain any mention of aggressive war against Poland or any other country. He even testified in this courtroom that this speech did not have the contents as it is laid down in the Schmundt protocol.
I realize that the International Military Tribunal came to the conclusion that the Schmundt protocol is correct. All defendants and witnesses who were heard at that time declared that the contents of the speech were not of so aggressive a nature as it is laid down in the minutes. The defense counsel made a mistake at that time of not calling all the witnesses which I requested. Nobody went to the trouble of critically examining the text of the record. I can understand why the IMT reached a different conclusion, having heard only the defendants’ general objection, which remained unsubstantiated in detail. Nowhere is it yet permissible in law to maintain the verdict of a previous court when new and better evidence has been submitted.
The witnesses Warlimont, Schniewind, Engel, and Raeder stated that several passages of the Schmundt record contained a number of false assertions regarding Hitler’s words. Warlimont testified that he was not present, although he is listed as among those present. Milch’s testimony made it absolutely definite that Goering was not present. If there were only so few persons present and there were mistakes made concerning the presence of persons, the record must have been made up a long time after the event, otherwise no faults of that kind would have been possible. Schniewind testified that a number of points contained in the Schmundt record were never discussed at that time at all. He had the opinion that many ideas laid down in the record were borne out at a later period, that is to say, 1940. These ideas concerned, for example, the use which could be made of war production after the defeat of France, the importance of aircraft carriers for convoys, the collaboration of Italy, and the break-through of the Maginot Line by this force, about Japan, and last but not least, the so-called Fuehrer Decree. By the statement of Felmy it is proved forever that the so-called Fuehrer order was given only on 12 December 1940. Even Raeder stated that the principles of the Fuehrer order were laid down at another occasion and that they were accordingly carried out afterwards. This other occasion was given by the statement of Felmy. Also Raeder did not hear anything about Japan; he considered it impossible that Italy and the break-through of the Maginot Line were discussed and he also states that nobody mentioned a better production of cruisers. He also testified that in that meeting a two-front war was not mentioned because he, as an officer, would have noticed that. Furthermore, he testified that Belgium and Holland were not referred to and that after the speech Goering did not open a debate. Even though the witness was not present at all times, it is rather strange that he should not have heard mention of any of the very points not heard by the other witnesses. The defendant Milch gave you the precise details of those points of the speech which were not mentioned at the time, and he was even in a position to tell you when these various points were first conceived.
Who, assuming responsibility for justice, can still seriously maintain the findings of the IMT now that these precise statements have shown us the errors of the Schmundt record? A record containing so many grave mistakes is no longer of probative value and can never be made the basis for any judgment. I am convinced that after this trial the historians of the whole world will regard the Schmundt record as the product of a later period, i.e., between the fall of 1940 and the spring of 1941 and that they will regard it as the result of time, drawn up to make Hitler, then regarded as the victor, seem possessed of a prophetic gift which in reality he never had.
The conference did take place on 23 May 1939; that is true. Its real topics, however, can no longer be stated on the basis of the Schmundt record. Thus, the statements made in the first Nuernberg trial gain a different and greater significance. Never again, therefore, will it be possible for anyone to say that on that occasion Hitler preached war and the enslavement of Europeans.
There is yet another argument possible against this record, which, it is alleged, also contains the plan for slave labor. Document EC-194, Exhibit 8, and 016-PS, Exhibit 13, submitted by the prosecution, show in all clarity that the use of European peoples in German armament works was a measure forced by the emergencies of the war and that the idea was born and realized only by the military difficulties resulting from the war with Russia.
With clean hands and a pure heart, Milch entered the war in August 1939 having previously advised Goering to fly to Britain to prevent the war. He himself became the victim of Hitler’s deception, and he himself believed that the war had been forced upon Hitler. Who can disregard justice to such an extent as to reproach Milch with having held that belief? It is his misfortune, but not his guilt, to have been deflected from the truth by misleading propaganda. Who would so misinterpret patriotism, heretofore regarded as one of man’s noblest instincts, as to reproach Milch for having done in 1939 his duty as a soldier?
He never prepared any aggressive wars. In every case he was informed shortly before the event, and nothing is more typical of the opinion his superiors held of him than the fact that he chanced to hear about the preparations for the war against Russia through a subordinate, who had been told of Hitler’s plan before the field marshal was told. The first Nuernberg trial has already shown that Milch saw Goering at once in an effort to prevent that war. Goering himself admitted this. Milch’s good intentions were of no avail because Goering turned him down. As Milch’s superior officer, he even went so far as to forbid Milch to see Hitler and to tell him that he, Goering, would prevent Milch from being admitted to Hitler’s presence.
One of your Honors, in putting questions to the defendant, aimed to show that it might be regarded as incriminating to the defendant that he did not resign in 1941 or at least in 1943. Your Honors, only if one has lived in Germany these last years is it possible truly to judge that problem. As I said in my opening speech, one can judge the man only against his background, through his upbringing, from which usually nobody can escape no matter in what country he lives. Milch was brought up as a soldier. He absorbed ideas which for centuries were regarded as true and inviolate laws. It is no guilt for him not to have freed himself from them. I have said this once before.
At that time nobody in Germany was in a position to protest against certain events, against certain aims of the Party. All that one could do was to criticize things within one’s own immediate circle and tell one’s intimate collaborators how to improve matters. If in Germany anybody had attempted at any time to express criticism publicly, either by word or by publicly resigning, nobody would have been the wiser for it. This system was so ruthless and its stranglehold over public opinion so great that it would and could suppress anything.
You need only remember that during the first IMT trial it was shown that von Papen’s criticism in his Marburg speech was completely withheld from the German public. Had Milch done anything, nobody would have heard about it, and his action would have been useless, perhaps senseless, as nothing would have been changed for the better. Your Honors may not know that six to eight generals, including General von Falkenhausen, once Commander in Chief in Belgium, and Colonel General Halder, one of Germany’s highest and best leaders, were thrown into concentration camps because they had deviated from Hitler’s line. This is not connected with 20 July 1944. Nobody in Germany knew about this. Pictures of General Count Sponeck were sold as of a hero two years after this man had vanished into a concentration camp. Such were the lies and the deceptions of Goebbels’ propaganda. We have learned since the end of the war that prior to 20 July 1944, there were 50 to 60 generals in Moabit prison, without anyone in Germany knowing anything about that. You will understand the full falsehood of propaganda when you recall the base distortions by which the dismissals of Generals von Blomberg and von Fritsch were announced to the German public.
Believe me, your Honors, protests in Germany were not possible at that time. The only result would have been the futile death of the protesting person. If Milch had attempted to fly abroad, his whole family—such were the detestable methods of those in power—would have been put to death on the basis of what was known as family responsibility.
Milch cannot be reproached with not having refused service and allegiance. No soldier could do this. Should a member of the Anglo-American Air Forces suddenly have refused to go out on an operation which would bring death to innocent women and children, he would not have been regarded as a hero. He would have been put before a court martial.
That Milch did not participate in an attempt on Hitler’s life, who would accuse him of that? Although he was an energetic man, the defendant was, because of several concussions of the brain which he suffered, inclined to terrifying fits of rage, or ranting speeches, but the evidence has shown that in his heart of hearts he was kind and soft. He would ameliorate sentences already passed, and as the witness Richter testified, he compensated for a fine, which he inflicted himself, by secretly passing into the family of the punished man a very large sum of money, larger than the fine itself. The witness Vorwald expressly stated that basically Milch was a man soft of heart, who conducted himself *self soft, who only in a rage caused by disease and worry utters harsh words never followed by action, is not capable of murder. Thus, no just man will charge him with not liquidating Hitler, and Milch did what in his conscience he felt to be possible and necessary. He had the courage of telling the dictator to his face what he thought of the situation. He demanded that Hitler desist from his plans, dismiss the most important men, such as Goering, Ribbentrop, and Keitel, give up the supreme command, and establish a cabinet of equal powers, and he finally desired that peace should be brought about.
Your Honors, it would be easy to say that as a field marshal he did not thereby endanger himself. The statement of the next witness Krysiak, the fate of the generals which I mentioned to you, show what was done in Germany to men who did such things, but the defendant went one step further. He succeeded in inducing Goering also to demand the end of the dictatorship and the instituting of a Reich cabinet. Your Honors, this means that this defendant thereby risked his life. He could not foresee that nothing would happen to him. That nothing did happen to him was not due to his rank, but to Hitler’s opinion that this man was not yet dispensable. Everybody can only be sentenced according to his potentialities. Your Honors must not compare conditions in your free and noble country to those in Germany. Only the German world as it was should be the basis of your judgment here. It is not true to say that Milch gave his continued support to the objectionable aims of the Party. He continued to do his duty because, as he testified, he wished to prevent the worst from happening to his people, the total destruction of the cities and of Germany’s culture. It was his constant hope to organize the defense in such manner as to prevent bombing warfare from taking its full effect, that same bombing warfare which is the scourge of mankind, whatever one may think of its military value. Would it be for us to judge him on the fact that he did not obtain his aim because of the stupidity and failings of his superiors? Milch furthermore testified before you that by an improved defense he hoped to achieve better peace terms for his people. I can assure your Honors that since 1941 Goebbels’ propaganda told the German people time and again of the horrible terms the enemy would impose on them in the event of peace. That included an item to the effect that the whole of the German male population would be castrated should Germany lose the war so that the German people would perish. Who has the courage to say it is despicable for a man of battle to organize a defensive system under the news impact of such items in order to obtain better peace terms?
It would be a distortion to say that Milch thus believed Hitler’s aim of destroying Europe, for he knew that the war was lost. He was intelligent enough to see that with the lost war the end of Hitler’s ideology would come. It was not the Party he wanted to serve when he hoped for less severe peace terms with a better defense, but a lost war that would not mean the loss of the legal rights of a whole nation as is the case unhappily today. Only he who comprehends and understands all these things can appreciate Milch’s actions and judge them fairly. And later, when he saw that his objective of saving the German people from the worst would fail, Milch withdrew from the regime. He could not resign on his own. That, for a soldier in Germany, was an impossibility. He did not choose to act dishonorably, which no one can expect from a decent man. In Germany soldiers are removed from their offices only by their superiors. Thus, as he put it himself, Milch could only organize his own elimination from office by gradually transferring his tasks to Speer’s Ministry. As his superiors thereupon regarded him as superfluous and were glad to be rid of this man, Milch was finally free. Then began the scheme on the part of his superiors to liquidate him. Such was the position of Milch, the man, and such by and large were his motives. For him to have acted in this and no other way is not dishonorable, and only he can cast the first stone who never in his born days gave in to public opinion in defiance of his better judgment, who has never considered his superiors, and who proved himself to be above his upbringing, and had the courage of fighting for his convictions even with the most brutal methods.
Before dealing with the details of the indictment I should like to make these basic points. The prosecution created the impression that under the conspiracy count it would hold Milch responsible for everything in totality that was done in connection with labor assignments and experiments within the confines of the Luftwaffe, nay, within the confines of the German government departments. This is not admissible. The indictment may be referred to Control Council Law No. 10. Nothing is mentioned there that conspiracy to commit crimes against humanity or war crimes constitutes a punishable offense. Only conspiracy against peace is punishable. The way the law is formulated, particularly count 2 of Article 2, makes it clear beyond doubt that activities listed therein only concern participation but no independent types of crime. Where there is an independent crime then also in the case of war crimes and crimes against humanity there would have to be a provision similar in count 1-A, Article 2 of the Control Council law where a crime is defined as “participation in a common plan or conspiracy for the purpose of committing one of the crimes above set forth.” In this connection the verdict of the IMT must also be considered. At the end of the sixth part of the verdict it states:[153] “Count one, however, charges not only the conspiracy to commit aggressive war, but also to commit war crimes and crimes against humanity,” but the Charter does not define as a separate crime any conspiracy except the one to commit acts of aggressive war. Article 6 of the Charter provides: “Leaders, organizers, instigators, and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.” In the opinion of the Tribunal these words do not add a new and separate crime to those already listed. The words are designed to establish the responsibility of persons participating in a common plan. The Tribunal will therefore disregard the charges in count 1, that the defendants conspired to commit war crimes and crimes against humanity, and will consider only the common plan to prepare, initiate, and wage aggressive war. And under figure 8, the IMT states further:[154] “As heretofore stated, the Charter does not define as a separate crime any conspiracy except the one set out in Article 6(a) dealing with crimes against peace.” The verdict was so formulated because the Charter was unclear at this point. As above stated, the Control Council law contains no such provisions, so much the less because in this case conspiracy does not constitute a separate crime. The provision set forth in Article 2, paragraph 2, No. 6, “whoever was connected with this planning or execution”, is only a form of individual defense and cannot be put on a par with the concept of the common plan or conspiracy. Article 2 defines clearly the type of crime referred to in paragraph 1, namely (1) the individual crime of violation of peace; (2) conspiracy against peace; (3) individual war crimes; (4) individual crimes against humanity; and finally, the form of participation in paragraph 2. Therefore, it is rendered that a so-called conspiracy to commit war crimes and crimes against humanity is not a punishable offense.
It has to be examined therefore whether Milch made himself guilty of any individual type of participation. It would have to be shown that either as a principal or accessory he participated in a crime or that he especially ordered or initiated it. It would have to be proved that he gave his approval for a definite crime. That approval, however, cannot refer to a general approbation but can only be considered as participation in crime if, by his approval, he strengthened and stiffened the criminal will of the perpetrators. It must therefore be made clear that he knew of the individual crimes and that he intended to put them into action by means of his approval. Even in that case his subsequent approval would not suffice; since still nowhere in the world is anyone punished because of an inner or moral attitude. Finally, it must be examined whether Milch was connected with the planning or commission of such crimes. Here again it must be understood, of course, that this connection must be capable of causing the crime, and that Milch knew about the connection and therefore the crime. The question of membership in any organization or association which was connected with the execution of crimes requires special examination. It is clear that mere membership, as such, in any organization wherein any member may at one time have committed a punishable act cannot make every other member of that organization punishable. Otherwise a monstrous situation would arise where the commander in chief of a large army was punishable if any member of that army committed a war crime. Where in this world in all time has it happened that in such a huge organization as wartime armies’ soldiers did not at one time or another commit punishable acts? This is inevitable and it occurs in all armies. It can therefore only be a question here whether the organization or the association of which the defendant was a member had as its particular purpose the commission of war crimes or crimes against humanity.
Letter (_f_) of Article 2, paragraph 2, must be considered here. Since Milch is not charged with a crime against peace, it would also have to be especially proved that he participated in the common plan of conspiracy for the commission of crimes against the peace. That he held high office cannot of its own make him punishable. This is also evident from the Tribunal of the IMT who acquitted three persons who held equally high office in Germany.
Bearing in mind these points of view, one has to examine the individual counts of the indictment. In answer to the prosecution’s charge that Milch in February 1944 had ordered two Russian officers to be shot, Exhibits Milch 40 to 44, and the testimony of the witness Vorwald have proven that the said officers were shot on the basis of an expressed order by Hitler who received, through political channels, the report of the incident earlier than Milch. Exhibits Milch 40 to 44 and the testimony of Vorwald have made it clear that Milch, first of all, had no possibility of issuing such an order, and secondly, that he did not cause its being ordered, and thirdly, that he only gained knowledge of the incident after the officers had been shot.
The witness Vorwald was in a position to testify that Milch even angrily protested against such an order.
The passage in the record of the 53d meeting of the Central Planning Board of 16 February 1944 contained in Defense Exhibit 11, can therefore not be made the basis for a judgment. Whoever, knowing the German language, reads the text critically must realize that the utterances of Milch recorded therein are contradictory in themselves and, therefore, cannot possibly contain the real statements made by Milch. They are contradictory to the true course of events; they are contradictory to Milch’s real authority, and finally, they are contradictory to the inner attitude of the defendant who himself angrily described this act as a crime.
It is significant for the question of the probative value of all verbatim records submitted to consider that such recording of the true events is found here. Such records containing such mistakes cannot be made the basis for a judgment. If we assume, however, that Milch really made these utterances which are so wrong, then this passage would remove all doubt that Milch during moments of excitement was no longer master of his thoughts and words and, therefore, cannot be held responsible for them. It would be a serious offense against justice, however, if judgment was to be pronounced on the basis of such stenographic notes taken by an unknown person who may have been in error.
Milch is furthermore accused of having abetted, participated in, and been connected with cruel and inhuman experiments carried out on concentration camp inmates at Dachau. I believe that here, too, evidence has shown that Milch is innocent. It has been proved by the clear, although long-winded, deposition of the witness Hippke that the defendant had heard for the first time on 31 August 1942 that human experiments were being carried out on others than the volunteering members of the Luftwaffe; that is, at a moment when the high-altitude experiments were already completed and when the freezing experiments were about to be completed.
In this connection I recall that the final report on freezing experiments was available in print already on 10 October 1942, so that these experiments too must have been completed by a considerably earlier date. On 31 August 1942, the defendant learned merely from Hippke that human experiments had been carried out on criminals who had been sentenced to death and who had volunteered to obtain a pardon. He was told expressly that nothing had happened so far during these experiments. It is obvious that experiments as such do not in themselves constitute an offense against humanity, whether or not they are in use in some foreign countries. At any rate much evidence has already been submitted by the defense in the medical trial, proving that, also in democratic states of the world, experiments have been carried out and are being carried out on volunteering criminals, experiments which constitute a danger to the life and health of the experimental subject.
The prosecutor has submitted in evidence his last exhibit, Document 1971-PS, Prosecution Exhibit 161, showing irrefutably that Himmler too had ordered that only men sentenced to death are to be used for these experiments. Hippke did not even misinform Milch. That, besides the experiments which were of importance to the Luftwaffe, Himmler had also started secret experiments is shown from this very Exhibit 161 because therein Himmler directs Rascher to continue these special experiments on which he had reported to him and even to carry out revival experiments.
Both witnesses Ruff and Romberg have testified unanimously that nothing has happened during these experiments. Death casualties had occurred during Rascher’s own experiments which he carried out on Himmler’s behalf. Only the aim of these experiments remained unclear to the witness, which is now being clarified by Exhibit 161, but Milch had no knowledge of all this. He fully believed what Hippke told him, nor did he ever have any cause to distrust Hippke and he could not distrust him more as he knew that high-altitude experiments had already previously been carried out on Luftwaffe personnel of his own air force without any danger being involved. Not even Hippke has had any knowledge of cruelties and death casualties. How much the less can be proved that the defendant could have had any knowledge. It does not say anything against the defendant that he had signed already before 31 August 1942 some letters which had been submitted to him by his offices. Nobody has been able to state that Milch had dictated these letters at all. It could not even be proved that he had seen or read the letters from the SS to which these letters refer. It is impossible for a man who has such a burden of work and such a large sphere of tasks as the defendant to take care of every trifling matter in his office, that these letters—which to anybody who has no knowledge of the underlying facts appear harmless and unimportant—could also not arouse the defendant’s suspicion. Should he be charged with responsibility for them then, this would be a responsibility which could not be borne by anybody. This would mean to overestimate human working capacity. It is the very idea of any great organization to relieve the chiefs or the heads of attentions to details in order to make them free for the main tasks. If such a man were to be asked to take care of everything, then the organization would be unsuccessful and no man in the world could form a great work comprising many people, and no man in the world would be willing to head such an organization if the chief of the organization should be held responsible for everything that his subordinate agencies commit. Everybody has the right generally to trust his subordinates as long as he has no reason to distrust them.
Hippke’s descriptions were unimpeachable and gave no reason for misgivings. His tenure of office at that time was irreproachable so that Milch had not to distrust Hippke’s activities and all the less so because already at an earlier date human experiments had been carried out by the Luftwaffe in a manner above reproach. Milch has testified to the effect that he had not read the report on high-altitude experiments. Evidence has shown that he has not seen the film nor could he have cause for this film to be shown, only if he would have stayed in Berlin, but he was not even in Berlin on that day; therefore, he could not become suspicious from what occurred. Likewise Milch never received the report on freezing experiments nor did he ever get a final report on this matter.
Finally, Milch had no reason to distrust the fact that the SS participated in the experiments. He knew that Hippke was part of it and was therefore entitled to believe that everything was in order. Therefore, Milch was neither a principal in nor an accessory to, nor has he ordered or instigated these experiments. He has never given his consent to the crimes committed because he had no knowledge whatsoever of them nor was he connected with their planning or their execution, nor was he a member of any organization aiming at the commission of such crimes. It is not the aim of the Luftwaffe to carry out such criminal experiments, and with the DVL he had nothing to do at all. It is irrelevant that at that time Rascher was a member of the Luftwaffe. Exhibit 161 proves that Rascher received the orders to execute the crimes as a member of the SS from Himmler himself and also carried them out in that capacity. Finally, it must be said that the Wolff letter of November 1942 was only written after the crimes were committed. It has not been proved that Milch ever saw this letter. He was not in Berlin when the letter arrived. That he has testified. The letter was sent to the Medical Inspectorate which only answered it in 1943 as Hippke has testified. Also, the fact that Rascher was transferred to the SS had nothing to do with the defendant. That was a matter settled outside of his competency. The personnel chief of the Luftwaffe was at no time subordinated to him, and it must also be taken into consideration that, according to the evidence, Milch had no knowledge of Rascher’s having committed any crimes. One cannot charge Milch with the fact that Rascher referred to him. The testimony of Neff and Defense Exhibit 56, the affidavit of Punzengruber, have shown to this Tribunal that Rascher was a confirmed liar whose statements have no probative value and, therefore, I believe that Milch in this matter too has shown to this Tribunal his complete innocence.
Before I go into the charges against Milch for his participation in the so-called slave labor program, I must make a few fundamental statements. I shall begin by examining the question as to what extent the Hague Convention on land warfare and the Geneva Convention of 1929 were valid for the treatment of Russian prisoners of war. By the statements of witness von Neurath, it has been confirmed that the U.S.S.R. in 1919 specifically withdrew from the Hague Convention on land warfare as well as the former Geneva Convention. Jurists will not dispute the fact that a formal withdrawal from agreements is of greater importance in the relations between states than the act of joining such a convention. Even if one were of the opinion that the Hague Convention on land warfare and the Geneva Convention represented merely the codification of already existing international law, so that the state that did not join the conventions would also be bound to this already existing international law in all details, even in such a case the expressly stated withdrawal from such a convention must mean also a withdrawal from the natural international law. If this were not the case, the withdrawal from such conventions would be an act without meaning which such intelligent politicians as those found in the U.S.S.R. would never undertake. Nor is this conception of mine contradicted by the expert opinion offered in the first Nuernberg trial (_Canaris Doc. No. EC-338_)[155] because this expert opinion is only concerned with the order of Hitler and Keitel regarding the killing and cruel treatment of prisoners. It is, of course, clear that inhumane acts do not become permissible because of withdrawal from conventions. What we must examine here, however, is purely the question whether or not, and for what activities, such prisoners of war may be used. Detailed regulations of international law, which in themselves do not contain atrocities, can in my opinion be nullified by expressly withdrawing from a convention codifying existing international law. Finally, we wish to draw attention to Article 82, paragraph 2, of the Geneva Convention of 1929 which contains the following regulation: “If in wartime one of the belligerents is not a member of the convention, the regulations of this convention remain valid, nevertheless, for the belligerents who have signed the convention.” This does not mean that the signatories are bound to the Geneva Convention also with regard to the treatment of soldiers of a nonsignatory power, but only with regard to soldiers of the signatories who are at war. Article 82, paragraph 2, of the Geneva Convention, therefore, states that with regard to the relations of nonsignatories the convention is not valid. The regulation was made so that it should not be thought that if a nonsignatory participated in the war the Geneva Convention would not apply to that war.
That my opinion was shared by the U.S.S.R. becomes clear beyond doubt from Defense Exhibit 49 presented by me, which contains the decision of the Council of the Peoples Commissioners of the U.S.S.R. of 1 July 1941. This decision does not mention any limitation with regard to the use of prisoners of war for labor except for the regulations under number 25. According to this, prisoners of war may not be used as workers in the battle zone nor for the personal needs of the administrations, or by other prisoners of war (orderly services). Defense Exhibit 51, concerning employment of German women prisoners of war in Russia, also reveals the same conception of the U.S.S.R.
The objections that not Russia’s conception but that of the United States of America matters here is not justified. Existing regulations between two states can only be judged on the legal relations valid for those two states. If both states regulate a given question in agreement with conclusive acts in the same way, that regulation becomes international law valid for the relations of those two states and must be taken into consideration by all other states. It is the right of sovereign states to regulate their relations as they wish. Other states have no right to interfere in the right of sovereignty and they must acquiesce in the legal conception existing between those two states regarding any issue concerning their citizens. Therefore, legal opinions of another state must not be taken as a basis for the judging of actions which occurred between the nationals of these two states.
As in Milch’s sphere of competency Russian prisoners of war were used neither at the front nor as orderlies, he cannot be found guilty so far as the treatment of Russian prisoners of war is concerned.
All this also applies to the treatment of the Russian civilian population whose rights could have been cared for by the Hague Convention for land warfare alone. Here, too, Russia’s express withdrawal from the convention is of great importance.
In my opinion it cannot be argued that Germany attacked Russia and that, for the reason, employment of the civilian population would be illegal even if this were not illegal in itself. That alone would mean that Germany would be bound to the regulations and that Russia was not. From the point of view of international law, this is an impossible situation. For two belligerent states, there cannot be a different international law.
Moreover, the validity of the regulations laid down in the Hague Convention for land warfare can be cancelled by a special factor which precludes lawlessness. In all codes of law of the civilized world, the law of so-called emergency situations exists. This conception of law must also be applied to international law. That Germany was in an emergency situation in the sense that the use of the civilian population for labor in the occupied territories was only caused by the emergency situation, I showed in detail a little while ago. Modern war means total war and as such has suspended, in several points, international law as it existed up to now. It is uncontested that according to the Hague Convention for land warfare actions of combat against the civilian population are forbidden. Modern air warfare, having as its aim total annihilation of armament and production of the enemy, brought with it to a great extent warfare against the civilian population without any of the belligerents regarding such combat actions as forbidden according to the Hague Convention on Land Warfare. This also applies to the total blockade of a country which aims at starving the population of that country. These comprehensive ways of waging war which hit all classes of the population permit, in my opinion, to a state which is at war, especially on account of the fact that its civilian population is brought into the strife, to use for its purposes labor from occupied countries so as to maintain its production and armament.
Concerning the relations of the other nations involved in the war, there is no doubt that for the above the Hague Convention on Land Warfare and the Geneva Convention of 1929 are valid. But it is just as clear that it is left to the nations to change and abolish these regulations by special agreements between one another. A good example here is the Armistice Treaty signed in 1944 between the Russian and Romanian governments according to which Romania had to pledge itself to put at the disposal of Russia a large number of people for reconstruction purposes. Complying with this agreement, in January 1945 many thousand members of the Romanian state were deported to Russia by compulsion and against their will. This case shows what, in such matters, may be legal and valid. Moreover, that agreement was made under some force of bayonets, as in all history is usually the case with every treaty between a conquered and conquering state. The Defense Exhibit 47 proves that in the case of Germany the Control Council (_see sec. VI, number 19 of the Proclamation No._ _2_) imposed on the German authorities even without a treaty, but simply on unilateral orders, the same obligation, i.e., to put at disposal labor for personal services inside and outside Germany. That such orders could naturally only be fulfilled by the German authorities by means of a labor service law will not be contested by anybody.
These one-sided orders given by the victor to the vanquished, whether they be issued on the basis of an armistice brought about by force of arms or on the basis of command or law following the unconditional surrender of a state, are not contrary to law.
It should, therefore, be stated that the rules of the Hague Land Warfare regulations can be suspended between two states. I have given proof for the fact that there were between Germany and France agreements whereby the French population had to make themselves available for work in Germany, first, by volunteering, and later, on the basis of a law for compulsory labor issued by the French Government. No restrictions were laid down to what extent and for what purpose these people were to be employed.
The objection has been raised that the Vichy Government was a government of traitors, but it was that government which concluded the armistice with Germany, and throughout the war all Frenchmen, including those in de Gaulle’s camp, would raise passionate protests when they thought that one of its articles had been violated. Thus, they all acknowledged that an armistice could be concluded and was concluded. Once you acknowledge the existence of an armistice agreement, you cannot, logically or legally, deny the legality of the government which has concluded the armistice. You must eat your cake as it is and you must not pick out the plums alone.
As for the situation in Holland and Belgium, both those countries surrendered unconditionally. According to international law Germany was, therefore, in a position in its dealings with the authorities of these countries to regulate the labor commitments of the civilian population unilaterally in the same manner as this has now been handled in regard to the German population by the Control Council.
As far as Poland is concerned, that country, on the basis of the partitioning agreement between Russia and Germany, had lost its sovereignty. That such partitioning agreements can abrogate the existence of a state has already been historically proved by the former partitioning agreements of the bordering countries in regard to the Polish state. Moreover, the agreements concluded between the victorious nations after this war have abrogated the sovereignty of the German state over very large areas in the East and thus have created new sovereignty for the population of these territories. Germany released the Polish prisoners of war and could at any time issue legal labor directives as regards the Polish civilian population since the latter were under German sovereignty.
So far as the Italian prisoners of war are concerned, the evidence has shown that the Mussolini Government, which at the time was the covenant government in that part of Italy not occupied by the allied forces, made them available for work in the armament industry, especially after Germany had to manufacture armaments for Mussolini’s Italy. Here it should also be mentioned that Milch’s opinion that Italian prisoners of war who fled from a transport should be shot does not mean a cruelty. All countries of the world have prisoners shot who attempt to escape as proved by me in Defense Exhibit 26. So far as the civilian population of other southeastern states are concerned, they were only recruited and employed as free workers based on approval by the legally existing governments of these countries.
In addition, it is interesting to point out that the agreement between France and Germany, according to which France was supposed to allocate French civilians for the labor commitment in exchange for the release of prisoners of war, had a parallel in the discussion of the question regarding the fate of German prisoners of war still in allied countries. In France, in particular, the request has been made to make possible the release of German prisoners of war by making available German civilians as workers in place of the prisoners of war. This, too, is evidence to the effect that such an agreement is not contrary to international law.
That, your Honors, is the legal position as I must present it.
In regard to the question of guilt, a special point has still to be considered. All legal theories consider that the defendant is not liable for punishment if after careful consideration and careful inquiries he has gained the conviction that his action was permissible. It has been shown that in Germany prisoners of war and foreign civilians were being employed within the war production even at the time when Milch had not yet taken over the office of the GL (Generalluftzeugmeister—Air Ordnance Master General). In other words, he was already confronted with the situation, the exploitation of which he is being reproached for today.
The testimony of the witness Vorwald and that of the defendant himself showed that Milch made inquiries from the competent authority as to whether the employment of prisoners of war and foreign civilians which he planned to use was admissible under the existing regulations. He has testified here that he received an affirmative answer. Furthermore, he testified that the admissibility of the utilization of foreign civilian workers was discussed soon after the First World War in a large staff committee of the German Reichstag. The chairman of that staff committee was Prof. Dr. Schuecking, a legal authority of repute, who had become known throughout the world as a passionate champion of pacifism and democracy. This committee, as the defendant gathered from the discussions held at the time, could not and did not find that employment of foreign civilian workers in armament industry was inadmissible.
Impressed by his earlier experience, the defendant had the right to believe the information given to him by his superior office that employment of foreign manpower and of prisoners of war was admissible. Moreover, this information was not issued without reason. The reasons given for it were rather in accordance with the reasons which I have described in detail above. How should Milch, who is not a legal expert, who as a layman did not understand anything about applicable international law, how could he form a different opinion? It is the right of every citizen to believe the legal information supplied by his superior and the concomitant authorities, for no one can impose upon a citizen the duty to undertake on his own independently an examination of the legal questions involved. In a modern state this would result in an untenable situation whereby every one of the citizens would acquire his own conception of law. Differing opinions abroad Milch was not in a position to hear since he was not allowed to read foreign newspapers nor listen to foreign broadcasts, nor did he do so.
He acted in good faith, and that has to be considered in his favor today, the more since he knew and may well have assumed that these measures were only temporary and were forced by the necessities of war.
[At this point the following discussion took place:]
PRESIDING JUDGE TOMS: Is it a principle of the German law that ignorance of the law is an excuse for violating it?
DR. BERGOLD: It is a principle inasmuch as if somebody has been misled by his superiors on the significance of the law. Everybody must inquire what the law is, but if his superior authorities give him certain information, he can rely on that.
Q. Suppose a person is advised by his own counsel as to the law, and counsel is wrong, does that excuse the client?
A. The client’s lawyer is not sufficient. The authority must be a government official.
Q. Well, suppose a high government official, a man in high authority who was not a lawyer, advised his subordinate as to his legal rights and duties, and that advice was wrong?
A. That would mean that there would be an excusable error, an excusable legal error.
Q. If, for example, Goering, who was a person in high authority, advised Milch that he had the legal right to go out and shoot a person, would that be justification for Milch’s doing so, legally?
A. No. Because as to the question of whether you can commit murder or not everybody knows about that; but the point as to whether the employment of foreigners was admissible under international law is a very tricky legal point, and there, of course, there is a difference.
Q. You mean that every one is supposed to know that he cannot shoot a man.
A. Yes. Everybody knows that.
Q. But everyone is not supposed to know that he can force a man to unwilling labor?
A, No. He is not obliged to know that. That is why Milch applied to receive this information about international law.
Q. You make a distinction between homicide and slavery?
A. Yes. I make a difference not, perhaps, as in this exact example, but I make a difference between the natural knowledge of law, which everybody has, and special questions and special knowledge not shared by everybody in the state. The point whether you can kill or steal is common knowledge, but the question whether international law permits the employment is not something which everybody knows. This question is one which only specialists and legal experts can decide, and if any man concerned tries to obtain information as to whether it is permissible, and obtains that information from a specialist of a governmental department who says, yes, then it does not become permissible in itself, but we have what is known as an excusable legal error.
Q. Would you take the same position as to enforced civilian labor?
A. Yes, on the whole question whether anyone can employ foreign workers or prisoners of war.
Q. I would like to get this straightened out.
A. There are a number of other difficult legal points which I need not go into here. This is certainly an example of what occupies us here.
Q. That is true. I want to get your position perfectly clear. I think it is—
A. Let’s take, for example, the question whether, in any foreign country which is occupied, the occupier may issue occupation money; let’s assume that this is punishable according to some international regulation which is difficult to interpret and which a layman is not in a position to know. Now, if the Reich Bank, as expert, told the governor of the occupied country that it was permissible, then the chief of this occupied country, the military authority, would have an erroneous opinion for which he could not be held guilty.
Q. Now, that theory of law becomes a very uncertain guide, does it not? It depends upon interpretation of not the lawyers, nor the professors, but of high government officials; they make the law.
A. No. My client inquired of the competent offices, not of Goering, but of the competent offices, namely the legal departments. In all the ministries there were legal departments, also in the Reich Air Ministry and in the Wehrmacht itself. They employed specially trained experts. I draw your attention to—
Q. Just a minute. Then the head legal experts make the law as far as the defendant is concerned?
A. No, no, he does not make the law but he tries to, and that is, of course, the legal error that—
Q. He makes the law by which the defendant may govern himself?
A. Yes, for this special case, as long as he does not hear an opinion to the contrary, let’s assume.
Q. Oh, what happens after he does hear the opinion to the contrary, then which law does he abide by?
A. In that case he can act no longer at all. If he acts, he acts on what is known from the Roman law as “eventual dolus”, an evil intention, in case he comes up against the law. I assume that the term “eventual dolus” is known to your country, too.
Q. Supposing that he gets two conflicting opinions from the legal ministry, or one of the legal advisers in a high place tells him he may do a thing, and another in an equally high place says he may not, how does that solve the dilemma?
A. In that case he must not commit the act, because his attention has been drawn to the difference in the legal opinions, and that is where we have the “eventual dolus”. If he does not depend on it, and does it on his own risk, then in that risk he committed a wrong.
Q. I am frank to say that this is a new and startling legal theory. Did you understand that?
A. Yes. I understood.
PRESIDING JUDGE TOMS: Well, we have your position.
[Dr. Bergold continues.]
His good faith, however, was reinforced by the fact that all the measures against English and American prisoners of war, which are being objected to, were not carried out. That the reasons expressly stated for this were that no agreement except a change in the regulations had been conveyed normally to the British and American prisoners of war. Whoever has the least psychological insight will understand that the observing of the Geneva Convention principles towards those two countries must have made the deviation from them in respect to other countries appear to the defendant as authorized, all the more as this deviation had been based on presence of other agreements, or the lack of other protective measures.
As far as the question of actual recruiting and using of manpower is concerned, a differentiation must be made between recruiting, bringing foreign laborers to the country, and their treatment on the whole on the one hand, and on the other hand their use within Germany in the labor assignment.
May it please the Tribunal, the case in chief, and the submitted documents of the prosecution, especially the Exhibits No. 13, 14, 14-A, 15, 15-A, and 17 eliminated any doubt as to the fact that Sauckel alone was competent for the recruiting of foreign laborers and their transport to Germany and for the treatment of the foreign workers, and that Hitler over and over again confirmed against the attacks of Speer that he was the only competent man. Not one single document has been submitted which would show that Milch participated in the recruiting, transfer to Germany, and treatment of the workers. The witnesses Speer, Koerner, Richter, Hertel, Eschenauer, Pendele, Vorwald, as well as Milch himself, have testified under oath that neither they nor the defendant knew anything about all the abuses which have become evident in the sphere of Sauckel’s work.
I call your attention to Document 407-II-PS, Defense Exhibit 3, which reveals how Sauckel always and everywhere emphasized that he took care of the foreign workers to the best of his ability. In this exhibit he makes the assertion that foreign workers have never in the history of the world been treated as well as they were treated by him in this most severe of all wars. The testimony of the witness Schmelter and of Milch has shown that Sauckel had made the same declarations and told the same lies to them also. There is no need for any further statement to the effect that the recruitment and even the forced transport of the workers into the Reich on the basis of an order could have been carried out in an absolutely humane manner and that all these atrocities, murders, and tortures which took place need not have occurred. Such actions are not of necessity connected with such events. The fact that in the East and in France, parts of the population were called up and drafted by classes by means of labor service decrees could not and did not have to make Milch suspicious. Forced drafting of people occurs in all countries which have a compulsory military service or labor service. Examples of the latter are Germany and Bulgaria. The latter state had ordered service according to each group before the Hitler regime existed, and how could Milch, after all, have found out about the inhuman acts in the recruitment and transport into the Reich and the treatment within the Reich? Obviously, only if he had observed such incidents himself or if complaints reached him through his subordinates or through these foreign workers themselves.
Milch testifies here in a creditable manner that during the entire course of the war he had never observed such conditions. During all these years he made his trips by plane and, in some exceptional cases, by special train; that in this way he could naturally not observe such facts is quite clear. The witnesses have confirmed that they never reported abuses to him. The only things he heard were isolated complaints that the food was inadequate at times or that there was a lack of clothing and shoes. In themselves, these were conditions which resulted at the time from the wartime emergency and applied also to the German civilian population. All of the above-mentioned witnesses and Milch have, however, confirmed that Milch on his own part immediately ordered that the conditions should be remedied.
These incidents, however, cannot be called inhuman acts or atrocities, cannot be called crimes. The witnesses Pendele, Hertel, and Vorwald, as well as the defendant himself, have testified that the foreign workers never brought any complaints to the defendant. They all expressed their happiness. It may be that they shied away from complaining to Milch. That, however, was not Milch’s fault. He had the right to believe the assurances of the persons he questioned, the more so because his conversations with them were carried out in the friendliest, even the most cheerful manner.
Now, how could Milch have found out about these incidents? I have already mentioned that he could not obtain knowledge about that from foreign reports, because he did not receive such reports. Thus, it should be established that Milch was not responsible, first, for the directive for the so-called slave labor; secondly, the recruitment of manpower; third, the inhuman acts perpetrated in connection with this, the transport to Germany, and the crimes connected therewith, and finally, fifth, the treatment of foreign workers in Germany and the atrocities committed in connection therewith.
He knew nothing at all about them. He did not commit these crimes; neither as a principal nor as an accomplice. He neither ordered such crimes nor instigated them. He did not take a consenting part in them either. On the contrary, he always eliminated minor abuses and constantly saw to it that the conditions of the foreign workers were ameliorated by special gifts. He was in no way connected in a causative manner with the planning or execution of these crimes, and here I refer you to my earlier legal statement, for he would have had to know about them, that such atrocities, murders, and other inhuman acts occurred in connection with the recruitment, transfer to Germany, and treatment within Germany if he is to be held responsible for them. Neither did he belong to the organization which was connected with the recruiting, transport, and treatment, namely, the Organization Sauckel. If at all, he could be charged only with the utilization of foreign workers.
No just man who values that name can, by virtue of knowledge subsequently acquired, condemn the actions which a defendant committed at an earlier time in ignorance of what later became known. Today the whole world is full of the horrors which have been brought to light. It is not true, however, that these horrors were desired by the supreme leadership. That Sauckel acted independently here and that he alone bears the guilt is shown by Defense Exhibit 3, in which Sauckel lied to Hitler, saying that workers had never been treated so well as by him.
I do not wish to defend Hitler. As a German, I myself have every reason to raise the most bitter and serious charges against the man whose account of guilt can never be paid up, but here it must be said that Hitler could hardly have included the commission of atrocities and murders in his plan for the foreign workers, for if that had been the case, Sauckel would not have had to lie as he did. Then he would not have had to pretend to his lord and master that he was treating the foreign workers so well. Such lies, such deceit, are practiced only by the subordinate who is aware that he has violated instructions and that he can be punished by his superior.
Document R-124, Defense Exhibit 32 shows clearly that in two cases Sauckel acted against Hitler’s instructions in committing his crimes. Therefore, even Sauckel’s labor organization was not created for the purpose of committing atrocities, murders, and other inhumane acts. Sauckel and a number of his subordinates made themselves guilty on their own accounts, and as guilty persons they strove to keep secret and to cover up their crimes. That the defendant cannot be responsible for these secret acts is hardly to be doubted.
I realize that in answer the prosecution will remind me of all the documents with severe statements by Milch which have been submitted to the Tribunal. This is a serious count of the indictment, but one can achieve clarity on the complex of questions thus brought up only if one considers whether Milch made these severe statements only against foreign workers and prisoners of war or whether they were simply a part of his nature.
The witnesses Richter, Foerster, Hertel, Eschenauer, Pendele, and Vorwald have confirmed that Milch in his tantrums threatened even his German subordinates, his best workers, with hanging and shooting, and here in this room several men have appeared on the witness stand whom the defendant shot or hanged in words. This clearly shows that the defendant was not one-sidedly filled with hatred of the members of foreign nations; besides, this was hardly to be expected in the character of a man who for years energetically worked for peaceful collaboration with other peoples and who despised the racial doctrine and the idea of the “master race”. Rather, it makes it clear that he threw out such wild expressions only when he was excited, so that his subordinates acquired the habit of laying bets on the number of people who would be shot, when they knew that exciting matters were up for discussion. I read a number of passages to you from the notorious speech before the quartermasters and fleet engineers, in which he raged against those present and against himself in the same terms as he used against the foreigners. And in other documents submitted by the prosecution, one can find such expressions used against Germans, against members of the leading class of the German people, and against German workers. All this proves that an unfortunate inclination of Milch is here expressed for which, like a sick person, he cannot be held responsible, especially since he never carried out the punishments which he threatened. All the witnesses whom I have called to the stand from Milch’s entourage have testified that he used such terms only in tantrums. These tantrums occurred frequently, and always when he had met with major difficulties in the way of his work to save Germany from complete destruction. He was a sick man. He suffered several very serious accidents, all with severe brain concussions. It is an old experience of medicine that such people are easily excitable, and you must not forget how much this man had on his mind. He was a clairvoyant. He knew that the war was lost for Germany. He realized what horrors Germany was doomed to through the increasingly violent air war. He knew what help was possible in the distress of his people, and he had to stand helplessly by while his short-sighted and perhaps malevolent superiors frustrated, hampered, and prohibited all his precautions. In such severe physical distress, even a healthy man would become so irritable that he would be subjected to violent outbursts of anger. How much more violent would these outbursts be in the case of the sick defendant. His distressed soul housed in a suffering body, helplessly exposed to its worries, reacted in this way to relieve the tension.
Many witnesses, in particular the witness Vorwald, have told you that when such excitement occurred the defendant even changed physically, that the back of his neck became red and swollen and that afterwards he no longer knew what he said while he was in such a state. That this testimony, especially that of the witness Vorwald is true, is shown with actual certainty by the incidents between the defendant and Goering on the occasion of the report on the crimes committed by Terboven in Norway on the civilian population, and Document R-134, Exhibit 159 of the prosecution. The prosecution without justification bitterly reproached the defendant for failure to protest against this monstrosity. The defendant in his defense was not able to answer that he had done so. Vorwald has testified that this process took place in connection with an outburst of anger about precisely that incident, and because the testimony of Vorwald that the defendant did not remember afterwards what had happened during his period of excitement is true, the defendant was not able to carry out a full answer in his own defense because of his excitement. He did not remember. Your Honors, it is clear you have achieved deep insight into the souls of men. Therefore, surely you are able to judge that this incident has revealed the truth of what the defendant and his witnesses have told you. Otherwise he would be able to cite his protest as a defense against the charge of the prosecution.
Now, I assume that the prosecution will object that these fits of rage occurred much too frequently and that they are therefore not a pathological symptom but a normal expression of his character. Your Honors, this can be disputed by a very simple consideration. The so-called GL (Generalluftzeugmeister—Air Ordnance Master General) meetings took place twice a week. That means that from the time when the defendant took office there were a total of about 160 meetings. In addition, there were 60 meetings of the Central Planning Board. Finally there were about 30 Jaegerstab meetings, altogether about 250 meetings in which the defendant participated. The meetings lasted many hours. According to my concept the average number of pages of verbatim transcript of the GL was about 200 for a single meeting, or about 30,000-32,000 pages for the GL alone. If one includes the transcripts of other meetings then one comes to figure approximately at least of about 35,000 pages for all the transcripts at a conservative estimate. This is an enormous figure from all these many meetings. From all these many, many pages of transcript, the prosecutor has been able to submit only a very few pages with only very occasional extravagant statements. Therefore, the question is asked whether this was the normal tone of the defendant. It is also significant that in the meetings of the GL, such outbursts occur much more frequently than in the transcripts of the Jaegerstab or the transcripts of the Central Planning Board. In the GL meetings the defendant was in his own realm among us “parson’s daughters”, as the witness Vorwald said. Such outbursts naturally occurred there more often because according to experience a human being can let himself go more easily among his most intimate friends than among his subordinates. Nevertheless the outbursts remained isolated.
How curious is it that the emotional disturbances of the defendant occurred repeatedly in connection with the same subjects of discussion, for example, in the question of the work done by the French industry, the French people, the question of so-called slackers, or the discussion of threatening and inciting remarks made by foreigners. Sometimes several outbursts occurred at brief intervals, one after the other. Why, your Honors? Because the matters that excited the defendant were not settled. But this leads us to the question of whether the defendant followed up these wild words with deeds. He never did. Just consider, for example, the question of slackers or the question of the work done by the French industry, the French people. These apparently so malevolent orders issued in anger were not carried out. These stones were repeatedly laid in the path of the defendant. Here, your Honors, I ask you to penetrate into the depth of the circumstances with the understanding that characterizes a legal person. The defendant repeatedly became excited, for example, over the so-called slackers, Germans unwilling to work whom he considered to be traitors. Each time he issued strict orders, expressed wild threats, but would it not have been the most natural thing for this excitable man on all these occasions, which followed one on the heels of the other, to shout at his subordinates and to reproach them, to ask them why the orders which he had given and supported before in anger and which he had advanced repeatedly had not long since been carried out? Would that not have been the most natural and the first thing that he would have done in his anger if he had really expected and wanted his wild orders carried out? Your Honors, look at it from the human point of view. Revive all the experiences of your long and no doubt rich lives and examine with me whether I am not right in what I say.
I challenge my learned opponent to show me in all these instances, which are really appalling, one single expression indicating that the defendant objected to the failure to carry out his earlier threatening orders. Not a single word can be found and here, your Honors, the truth becomes so obvious that no intelligent man can ignore it. It sounded incredible in the mouth of the witnesses when they said again and again that no such orders were carried out. It has been put to the defendant that it is improbable that a field marshal did not expect his orders to be carried out and that all his subordinates did not immediately rush to carry out his orders, but the man who is sitting before you told the truth in spite of all appearances to the contrary, for if he as a field marshal had expected his orders issued in anger to be carried out then he would surely at one time or another have expressed dissatisfaction because they had not been carried out. But he did nothing except to get angry from his sickness and his anxiety about his people. It is clear not only from the Terboven case that he actually knew nothing about what he had screamed out and that he never seriously pressed home his demands. The Court has questioned him repeatedly about these expressions. He always supplied that he did not remember them and he did not believe that he had said so. He has often had to tell you that what he shouted was wrong if he had actually said it. That too seemed incredible at first, but as this man afterwards no longer knew what he said in these attacks then he cannot testify about them. It is also clear that a man in such a fit speaks many untruths and one cannot assert that he lied deliberately. The man, as I say today, has told you the truth as far as he can know it to the best of his knowledge and belief. These transcripts cannot convict him of untrustworthiness. Moreover, in many cases the transcripts are no doubt full of mistakes, distortions, and errors. I have shown you a number of passages which must be wrong. I have shown you transcripts such as NOKW-359, Exhibit 75, which speak of Milch’s presence and statements although on that day he could not have been present in the Jaegerstab. This is also true of some records of ostensible GL meetings. I have also proved that other transcripts make no logical sense in German and that several statements must have been run together there. Today, of course, no one can say whether these various statements were all made by the defendant. Many witnesses which I have examined on this matter, for example, to name but a few, Richter, Pendele, Hertel, Speer, and Vorwald, have testified that the transcripts contained many errors and that they were never corrected, that they were sometimes even intentionally distorted when the defendant attacked his superiors. Such passages were either left out or changed in such a way that the attacks on the person in question were no longer recognizable. But who would seriously consider it permissible to use such faulty transcripts as evidence?
All the witnesses from the entourage of the defendant have told you finally that in these Central Planning Board, as well as in the Jaegerstab and GL meetings, that in addition to transcripts reproducing the individual speeches and opinions so-called records of results were drawn up which contained only the really important decisions, orders, and regulations. They alone were valid for the subordinates. Those concerned acted according to them alone. It is noteworthy that the prosecution has not submitted a single one of those records of results containing any inhuman orders issued by the defendant. I beg of you, your Honors, not only to give severe consideration to the weaknesses of the defense, I beg you to draw your severe conclusions from the weaknesses of the prosecution as well. The fact that no incriminating records of results have been submitted proves once more that these threats were never carried out.
Your Honors, in disturbed times other men, too, sometimes say things which cannot be taken seriously. Men can be charged only according to their deeds, not according to their chatter. If you have access to Churchill’s speech made in his first excitement after Dunkirk, you can see what violations of international law he recommended to the civilian population of England when he called upon them to prevent a German airborne landing. But he never actually issued any such orders, and so no one will try him for that. When the late General Patton said at one time that he intended to continue to collaborate with such of the German Nazis as were specialists, some excited American newspaper ran this headline: “Patton Should Be Shot.” Who would be so stupid as to call these newspapers inhuman? No one in the world; no one takes such excited words seriously. No one can say that these outbursts of anger meant that Milch approved the atrocities which occurred elsewhere in Germany.
The affidavits of Kruedener, Defense Exhibit 37, Lotte Mueller, Defense Exhibit 38, the testimony of witnesses Koenig, Vorwald, Pendele, have all shown that this man always and everywhere tried to help people in distress. He, who ostensibly wanted to force the foreign workers and concentration camp inmates to work by means of starving them, had the concentration camp inmates supplied with food from his estate near Rechlin in order to improve their diet. Thus, in his actions, he did the opposite of what he shouted in his anger. But one could raise a very serious charge to the effect that Milch by his thoughtless manner of speaking incited the elements throughout the country which committed such misdeeds. But this again, your Honors, is untrue. You have not heard one single example here of anyone having acted according to Milch’s words and having referred to having done so. These displays of fury only occurred among people who knew Milch and knew that he could not be taken seriously in such moments. All witnesses have stated for you that these fits only became known to the circle of intimates.
I lived in Germany throughout the war. Although the sins of the high-ranking leaders of the Reich were eagerly discussed among the people, I never heard one word about Milch’s fits of rage. In reply to my question the witness Vorwald stated convincingly that nobody spoke about these incidents to other persons because they did not wish to expose their superior to whom they were attached. His loyal followers surrounding him with a cordon of silence. Nothing could be more understandable, and every decent person who respects his superior will and must act in the same manner, for, in spite of his occasional fierceness, Milch was popular with his subordinates. The witnesses Richter, Hertel, Pendele and Vorwald, among others, testified before you that Milch was highly esteemed. Richter actually called him the best and fairest superior whom he had ever met in all his life. Here, your Honors, in this praise Milch’s true nature appears before our eyes.
I believe, therefore, to be justified in saying that one cannot and must not judge Milch by his wild talk. To infer guilt from that would mean to pass a judgment which could never be upheld before justice. Nobody may be judged by empty phrases. I would like to tell you a true story here which occurred in Germany during the discussions about a new, more stringent National Socialist penal code. At that time the Party took the point of view that criminal intent in itself was punishable, and thus, during a meeting of the Penal Law Commission in connection with the question of the meaning of murder, a long debate developed as to whether a person who intended to bring about the death of an enemy by prayer was to be punished by death for murder. The majority of Party members concurred with this mad opinion on the punishment of criminal intent. The sensible ones protested against it for a long time. When the debate was nearing its end, Dr. Guertner, the Reich Minister of Justice at the time, a clear-sighted man, rose and with one single sentence made reason prevail. These were his words: “Gentlemen, I do not understand you. All my life a corpse has been part of a murder.” The narrow-minded Party doctrinaires had to give in to the scornful laughter that followed these words. And in that way I should like here to think of Milch’s wild talk and exclaim, “Where is the corpse?”
In my opinion the only remaining question which needs serious discussion is merely that of the employment of foreign workers, of PW’s, and of concentration camp inmates. To begin with, it must be mentioned that the prosecution in its opening speech maintained that Milch more than anybody else in Germany was occupied with the employment of forced labor in Germany. That statement, however, is in no way correct. That, at least, has been clarified by the evidence beyond all doubt, it seems to me. There can be no doubt that Sauckel and Speer had considerably more to do with so-called forced labor than Milch, quite apart from Hitler and Goering themselves.
It is necessary to visualize clearly the scope of Milch’s sphere of activities and of his authority. Your Honors, even if you were only to check the three part Defense Exhibit 55 which I submitted, even to a superficial scrutiny only, you would realize immediately that Speer alone had a great deal more to do with this work than Milch. Speer was in charge of all armaments for the army and navy which, measured in human beings, by far exceeded the Luftwaffe, and alone exceeded the volume of the Luftwaffe armament many times, in particular as Milch only dealt with the construction of airplanes and as all equipment for the crews, in fact were part of the army equipment. Furthermore, Speer was in charge of all other productions in the German Reich. Finally, after the establishment of the Jaegerstab, Speer was also placed in charge of all armaments for the Luftwaffe. This Defense Exhibit 55, to which the defendant has sworn and which is based on the prosecution’s own Exhibit 58, reveals a much greater and more comprehensive scope of Speer’s organization. It was he, who as the central authority, not only controlled an apparatus with considerably more tasks, he alone also had at his disposal the executive authorities in the country, who dealt with all matters which had to be taken, whereas Milch had no executive organs at his disposal. He had, therefore, no executive powers whatsoever. Speer alone was in charge of the powerful main committees, the main industrial rings, in which the captains of industry exerted their influence and power.
He was also in charge of the armament commissions and armament officials of the armament inspectorates and armament detachments in the defense districts. And lastly, the Gau plenipotentiaries and provincial economic offices in the whole country listened to him. He was with Hitler almost every week, and therefore, he possessed much more influence to which Sauckel’s power—
[At this point, the following discussion took place:]
PRESIDING JUDGE TOMS: May I ask you what was Koerner’s special interest?
DR. BERGOLD: I am not speaking about Central Planning Board here. I am only speaking about the GL.
Q. I know, but in the Central Planning Board what particular field was Koerner interested in—the navy?
A. Koerner? No. He was mainly in charge of agriculture. He testified to that effect.
PRESIDING JUDGE TOMS: Very well.
[Dr. Bergold continues.]
Speer was with Hitler almost once a week and had therefore much more influence to which Sauckel’s power set the only limit. The man, Milch, never possessed such a machine. The GL was nothing but a technical agency in the Reich Air Ministry which generally, as the witnesses Vorwald and Hertel confirmed, was told by the General Staff of the Luftwaffe what was to be constructed. If Milch had really been the powerful man as the prosecution describes him, it would have been possible for him to carry out his plan for Germany’s air defense. But the achievement of this goal for which this man worked with unbelievable effort and with all energy was denied to him simply because he was only in charge of a technical office which could not make any decisions whatsoever. Hitler, Goering, and the General Staff of the Luftwaffe decided what this man had to construct and what plans he was to carry out. He carried them out within the framework of the task with which he was entrusted, always being suspended in the middle, without ground under his feet, without the direct authority to give orders to industry, without influence on the supply of manpower and materials; he could only get influence through the Central Planning Board, and there too the fundamental decisions were made by Hitler, by the latter himself, on the advice of Speer. It is not necessary for me to name all the witnesses. All his collaborators have testified to that effect.
May it please the Tribunal, if you examine the statements made by Hertel and Vorwald, you will gather from them beyond any doubt that the GL had nothing to do at all with the question of labor, with the recruiting, transportation, and assignment of workers. The GL, and this cannot possibly be doubted by anyone after hearing all these witnesses and especially after Milch’s testimony, had merely to make the blueprints for airplanes and the construction necessary for this purpose, and then to place the orders with the completely independent industry, following in all this the instructions of the General Staff and the orders given by Hitler and Goering. All witnesses from the GL have confirmed before you that the GL had nothing to do at all with the labor question; that he did not request one single worker or exert any influence on Sauckel. It is true that requests for labor passed, for statistical reasons as well as for control purposes, through the GL office. But it is important to remember and never to forget that industry submitted its real labor requests throughout the country to the labor exchange offices which were Sauckel’s agencies and to the armament inspectorates and armament detachments which were Speer’s agencies.
Vorwald and the defendant himself have shown you with unmistakable clearness that the only thing which the GL had to do with these requests was merely that he examined these requests of industry concerning the material point as well as the labor point, and that he then reported to the Speer Ministry whether and in how far the requests of industry were exaggerated and false and if the GL considered fewer material and less manpower to be adequate.
Now, what does such an activity actually mean? Surely not, as the prosecution submits, the enslavement of new workers, but exactly the contrary; namely their reduction. If the GL had not exercised this activity, Sauckel would have got much larger requests from industry and he would have procured this labor by means of more forceful methods than he actually did. That industry had to request workers in order to carry out its tasks assigned by Hitler, Goering, and the General Staff of the Luftwaffe, who were the authorities who decided on the extent of the construction program of air armaments, was however not caused by the GL. He was nothing else but an executive organ in the chain of command from Hitler, Goering, and the General Staff. He was merely the technical agency which had to make the blueprints and constructions, and then, after approval by higher authorities, had to submit them to industry for the undertaking of the orders.
This, your Honors, is the recital of the evidence produced on the activity of the GL, and the only thing which the GL did in the framework of this activity was to reduce to the lowest level the requests for labor made by industry, for the many reasons that he was sufficiently expert to look through the exaggerated requests of industry which could never get enough workers. It is significant that the GL minutes which have been submitted nowhere reveal a discussion of real manpower guidance, but, at the utmost, that once a few questions were discussed for information purposes. It is furthermore highly significant that among the entire organizations of the GL there were no offices for labor assignment and labor research as was the case in the Armament Ministry of Speer (_see Defense Exhibit 55_), but merely for statistics of the personnel. There is nothing to clarify the real situation better than this fact.
Has the fact that industry, which had to carry out Hitler’s construction program, employed foreign workers, prisoners of war, concentration camp inmates, been caused by the defendant? Industry had employed these people before the beginning of Milch’s tenure; it employed them because Hitler had ordered through Sauckel that industry had to employ these people—not in order to obtain slave labor for slave labor’s sake—but only for the reason to be able to throw still more Germans into the greedy jaws of the fiendish war and thus surely causing disaster for Germans as well as for other peoples.
As far as the GL is concerned—the least reproach can be cast upon Milch, of all the reproaches that can be cast upon him. It only consists in that he passed orders on to the air armament industry (and where did this not occur during the war?), and that he saw to it that no exaggerated requests for material and manpower were made.
The prosecution has proved nothing which could contradict these statements. But Milch has—and this, too, has been proved—not only curtailed exaggerated labor requests of industry by means of his statistics, thus preventing the increase of foreign labor, but in addition to that, as was stated by the witnesses Brauchitsch, Pendele, Hertel, Vorwald, and others, he always endeavored seriously and successfully to maintain the German workers in the factories; and in doing so he even saved German workers who should have been drafted, at least to the amount of 70,000 for the air armament factories, keeping thus on a lower level further requests for foreign workers and their assignment. A man who, as the prosecution means, is keen on slave labor does not act in that way.
Finally, there is another point to be mentioned in this connection. The International Military Tribunal—which, by the way, states expressly in its verdict against Sauckel that there is no doubt of Sauckel having had the over-all responsibility for the slave labor program—that Tribunal stated in its verdict against Speer that it has to be considered as a mitigating circumstance in his favor, that by setting up protected factories Speer had kept many workers in their homelands. Your Honors will remember the depositions of Hertel, Vorwald, and Milch, of which it results that as early as 1941 Milch, first together with Udet and later on alone, had factories working in France on the basis of a free agreement with the French plants in order to employ French workers in their home country. These agreements were, as has been testified to by Foerster, completely free, because in 1941 the industry of that part of France which at that time had not yet been occupied had concluded them. Therefore, Milch was the inventor of the idea to have labor employed on the spot in foreign countries. It was not only in France that he, being the first, carried that out. You have heard that this occurred also in Holland and in Hungary. Now, if the International Military Tribunal counted this circumstance as a mitigating one for Speer, it must all the more be credited to the defendant who acted that way not merely from 1943 onward, as did Speer according to his own statement in this trial, but already as early as 1941, and was the first to do so. In this instance again the defendant proved to be a man who endeavored to mitigate as much as possible the difficulties which had arisen from the prevailing emergency. That much as far as the defendant’s activity as GL is concerned.
When I come to consider in how far Milch’s activity on the Central Planning Board could be charged against him, I am aware that some of the minutes of the Central Planning Board could, in themselves, be interpreted as a charge against Milch. But if your Honors consider that out of sixty meetings of the Central Planning Board the prosecution could only list fifteen meetings in which labor questions were discussed—this being done in some instances in a perfunctory and casual way—it results from this fact already that the Central Planning Board, as to its aim, was not charged with the guiding of manpower, which at that time was the focal point of many schemes in all countries and, above all, in Germany.
In this trial there was much argument between the prosecution and the defense as to the significance and the essence of the Central Planning Board until, eventually, with the help of the key Document NOKW-245, Prosecution Exhibit 157, the argument was decided. There it says literally, “Speer and I (that is, Milch) are of the opinion that he (Sauckel) has to be incorporated somehow in the Central Planning Board in order to get the labor assignment, as well as the material, into our hands. At the present time we have no possibility to steer it.” These words were voiced on 23 February 1943 after the Central Planning Board had been in existence for already one year. These words were not voiced at that time for the purpose of _ex post facto_ whitewashing, but they expressed the complete truth and have characterized the situation in quite simple and clear words for always and unmistakably. No decree has been submitted, nor order of Hitler has been proved, to show that this situation was changed. At no time, indeed at no time, was Sauckel a member of the Central Planning Board. If the prosecution wants to consider the wish Milch uttered at that occasion as incriminating, they are at liberty to do so. However, this is not a punishable deed, and nobody can tell what amount of good Milch could have done if he had factually been in charge of the labor assignment. His other deeds account for the assumption that he would certainly have stopped abuses and would have mitigated all that was necessary as far as possible. The members of this trial would not believe, at first, in the depositions of all the witnesses who have been heard here, including Koerner, stating that the Central Planning Board dealt with labor questions merely for reasons of information. The wording of the speeches seemed to contradict it. But, your Honors, the witnesses have also testified before you that the speeches could only be understood if they are read. Prosecution Exhibit 157 has put an end to all such doubts. Whoever wants to pronounce here the verdict with all the necessary seriousness cannot bypass this document. Nobody can contend any longer that the defendant has not told you the full truth. Therefore, his statement under oath is to be believed, which agrees with Speer’s statement in that the so-called labor assignment meetings were held with Sauckel always with the sole aim to obtain from Sauckel, who had reported so many false figures and was not scrupulous about telling the truth, eventually and for once, clear figures. Likewise, Document NOKW-195, Prosecution Exhibit 143, the report on the meeting of 28 October 1943, held at Goering’s place, shows a constant struggle with Sauckel in order to obtain true figures because Hitler would not believe that Sauckel’s figures were completely false. It has been proved that factually both Speer and Milch have been reproached because they did not fulfill the program made by Hitler, although many millions of workers had allegedly been at their disposal. Alone for air armament, according to Goering’s calculation based on Sauckel’s figures, five million workers should have been available—whereas the entire air armament employed a much lower total of people. As Hitler was a dangerous man and his reproaches could have disagreeable consequences, Speer and Milch cannot be blamed for wanting to get this subject clear; consequently, if they discussed this problem in detail—especially during the 53d and 54th meetings of the Central Planning Board—this has nothing to do at all with labor procurement. That these meetings have not been summoned by Milch—that they have been summoned by Speer and his ministry—has been proved. Milch presided over these meetings only because Speer was ill. But he only carried through the order of his friend Speer. But even these discussions do not alter the fact that the Central Planning Board as such had nothing to do with labor procurement. These very discussions were of a purely informative nature. By them the Central Planning Board did not obtain any influence on the carrying out of labor procurement nor on its distribution. How characteristic it is, however, for the personality of Milch that he used even this discussion about Sauckel’s figures in order to reduce the millions of new workers whom Hitler had ordered in January 1944 to quite a considerable extent.
In all the discussions submitted there is nowhere a word to be found, either to the effect that Milch had requested workers for his air armament. If the need for workers was under discussion, then always only, as the defendant himself confirmed, in regard to the basic industries—that is, mining and the iron industry and in regard to agriculture. It was always a question, as the records show, of the commitment of prisoners of war. But even according to the Geneva Convention prisoners of war may be employed in mining, in the production of iron, and in agriculture. These places of work are not actual armament industries.
That Milch did not have anything to do with the commitment of Russians in antiaircraft defense, which was not under him at all; that, on the contrary, he even opposed it, and that that part of the minutes of the 33d meeting of the Central Planning Board must be incorrect here, too, has been stated by the witnesses Hertel, Koenig, as well as others equally incontestably. It has now been proved that this order was issued by the OKW directly via Goering.
Thus Milch, in his capacity as member of the Central Planning Board, was neither perpetrator of, nor accomplice in, crimes; nor did the Central Planning Board have as its purpose the commission of such crimes. Its sole purpose was the distribution of raw materials—an activity which is not prohibited under any conditions.
The third activity of Milch which could bring him in connection with the so-called slave labor was the activity on the Jaegerstab. Were one to view this membership in the Jaegerstab from the point of view of the prosecution, one could perhaps maintain the previously formed opinion that this activity was limited to the increased use of slave labor. The testimony of Speer, Vorwald, and Milch, however, have shown that the Jaegerstab had two main aims, namely, first, to raise the production of fighter planes and, secondly, to facilitate Milch’s resignation from his office by transferring the entire air armament industry to the ministry of Speer.
Formerly, to be sure, Milch was one of the chairmen of this Jaegerstab, but the witnesses—among them Schmelter, Hertel, Eschenauer and Vorwald—have testified that the actual chairman of this Jaegerstab was Saur. Milch very soon withdrew from the Jaegerstab; in March 1944 he still participated in fifteen meetings, in April only eight, in May only five, and in June only two. Nothing proves the veracity of the testimony of the defendant more than the quite obvious decrease in his participation. If one considers the fact that the Jaegerstab held its meetings daily one realizes how rapidly the decrease in the activity of the defendant was. If one considers furthermore that he was not always present at the meetings at all, that he did not hear most of the details of the discussions at these meetings, one can say with certainty that he was really not the man who had the biggest influence in the Jaegerstab, and who performed the practical work there. The expression “breakfast director”, which the witness Dorsch applied to the defendant, characterizes the situation excellently. The Jaegerstab was concerned with labor questions only insofar as it guided the so-called transfer of workers who were already working in industry, in the event changes in production occurred, especially effecting, as far as possible, their transfer from closed down bomber factories to fighter plane factories. However, in this connection it is almost exclusively a question of so-called skilled workers, as the witness Schmelter, a specialist in this field, has confirmed. In this process no new workers of any kind were introduced into industry. The witness Schmelter, however, finally expressly confirmed that no real influence was exerted on Sauckel and his offices. Wishes regarding the transfer were merely referred to the Organization Sauckel. This fact in particular was emphasized in the statement of Schmelter with all the clarity desirable.
Thus, it has been proved in regard to this committee, too, that it had nothing to do with the bringing of workers into Germany from abroad, nor dealt with their redistribution. Thus, it was also not the purpose of the Jaegerstab to decide labor questions. Finally, it has thus been clarified that the ministry of Speer was the office which handled labor questions, insofar as it was necessary in the framework of the transfers. On the basis of the submitted documents, it seems at first as though the Jaegerstab had initiated and carried out the building of underground factories or of concrete protected factories above ground. The witnesses Speer, Hertel, Eschenauer, Koenig, Pendele, as well as Milch, himself, however, all clearly and decisively confirmed that these constructions were ordered directly by Hitler and Goering, and that the defendant had opposed these orders because he considered them senseless. It has furthermore been declared that Hitler himself, handled the needs of workers for these undesirable constructions. The Jaegerstab was connected with these constructions, according to all the testimony, only to the extent that it had to examine which ones of the fighter plane factories had to be installed in them. In this connection it must be remembered that a number of these constructions were also allocated for armament factories of the Wehrmacht. Thus, Milch also cannot be charged with any responsibility in this count. He was neither formally nor actually in a position to prevent Hitler’s and Goering’s orders.
Nor had Milch anything to do with the allocation of Hungarian Jews to these factories, quite apart from the fact that it has been made clear that these Jews were allocated only in the summer of 1944, which was stated by the last prosecution witness, Krysiak, that is, at a time when Milch had withdrawn from his office for some time. It has been proved that Hitler issued relevant orders here and that the Jaegerstab trip to Hungary was entirely unconnected with this matter because it was undertaken solely for the purpose of a conference with the legal Hungarian government. These consultations were merely concerned with agreements regarding aircraft production by the Hungarian industry in the large caves near the Danube. Not one single document has shown that Milch either agreed to or welcomed the employment of Hungarian Jews.
To sum up, I may say then that even within the Jaegerstab Milch was neither a principal nor an abetter in the crimes listed in the indictment. I might add that it was not the purpose of the Jaegerstab to carry out such crimes. In any case he was by no means the leading man on that board. It has been found with certainty beyond all doubt that the Jaegerstab served the purpose of helping the defendant to withdraw from office.
Mention must also be made of the question of concentration camp inmates working. Before going into details, I should like to make a few basic remarks. From all the trials in which I acted as counsel, from the questions asked in this courtroom, from various discussions I have had with citizens of your country, I have, your Honors, attained the certainty that in your circles no one believes in the truthfulness of the defendants’ and all other witnesses’ statements, namely that the average German knew nothing about the happenings in the concentration camps and that the defendant did not know of the existence of such camps, with the exception of Dachau and Oranienburg. As most Germans certify to this and as all witnesses swear to this under oath, it is first of all difficult to understand why such statements are not believed. It can only be explained by the fact that the citizens of your country have been so much influenced by press propaganda and the newly discovered facts that they put more trust in the reports of their newspapers than in the assurances of the citizens of a country which is now known throughout the world as the place of origin of many atrocities.
But should such prejudice which does not originate from [one’s] own and actual experience influence the judgment? I believe and always have believed that it is one of the essential laws of justice to base one’s judgment strictly on facts which have become evident during a trial. It is a proven fact that in Germany no one was allowed to write about concentration camps; that the rules of secrecy which had been imposed by the dictatorial regime had to be kept very strictly; and that even the German authorities in case of their violating these rules of secrecy, were threatened with death, as I have proved by the submission of Defense Exhibit 36.
From the statement of the witness Roeder, who, incidentally, explained that the defendant had neither the power of passing a death sentence nor of sending people to concentration camps, you have learned that the concentration camp inmates spoke to nobody about their condition. Even the prosecution witness Krysiak has told you that the prisoners did not dare to lodge complaints to anybody. How could the Germans generally learn about conditions in concentration camps? Milch, too, could not and did not learn about them, as he has told you, for the secrecy was kept even among the highest authorities. May the propaganda of your country insist on the contrary as much as it likes, what I have stated here still remains true, and I can certify it myself.
I myself who during the time of the so-called Third Reich often enough defended men who were accused because of their political views, I, who was watched by the Gestapo, who was attacked in the public newspapers of Nuernberg and especially was mentioned with name in the notorious “Stuermer” on account of my defense of unhappy Jews, I, too, didn’t learn anything about these camps, although clients came to me after their release from the concentration camp Dachau. I always asked them and I always received the answer that they had nothing special to report. It was, of course, no pleasant life, but they reported that it was not so bad.
I would ask you, your Honors, to consider how we could have learned of these conditions.
May I remind you in this connection that deeds have been committed in the east of the former German territory, in the Sudeten-German border territories of Czechoslovakia, and other countries, deeds which, even if one imagines them at their worst, remain far behind the truth. About these atrocities the international press has kept silent although one day history will speak and one will learn about them with horror. I have refused to give proof of the events which were brought about by your armies after the collapse. I could have mentioned many deeds which can be called nothing but grave infringements against the Geneva Convention. I could have given you a picture of how in the prisoners’ camps in the early days hundreds of German prisoners died of starvation. I am not accusing anyone. Shortcomings of organization and of human nature but not express orders and rules account for it.
I only mention this, your Honors, in order to point out that you did not learn about this and that it is only our unhappy and wretched people who know about it. But we who have had the bitter experience of the power of propaganda and of the force of secrecy know that ignorance of such matters can be excused and believed. Therefore, no one may say from the outset that all the unanimous statements by witnesses and the declarations of Milch are to be disbelieved. They have been sworn to; and the verdict must take them into consideration.
According to these it is certain that Milch only knew of the employment of concentration camp inmates in the Heinkel plant in Oranienburg and that he was of the opinion that these were German criminals and German political prisoners, of whose mistreatment, however, he had no knowledge. The use of prisoners and convicts is not a crime against humanity. This, however, should not have to be mentioned. In all countries in the world it is customary for prisoners to be obliged to work. In Germany this was even regulated by law to such an extent that the prisoners who were condemned to prison, that is, not to the penitentiary, also had to work. For a prisoner to have to work is not an atrocity. An atrocity can be seen only if the prisoner has to do this work under conditions which injure his health or which are inhuman.
But Milch did not know that the food, the housing, and the treatment of the prisoners were inhuman. One would have to prove such knowledge before one could punish him for it. You have heard, on the contrary, that he always did everything possible when he heard of individual cases of abuse. He even tried to help, as the Kruedener affidavit, Defense Exhibit 37, proves, in a case where he was not competent. As the testimony of Kruedener revealed this was a case of inadequate accommodations. Moreover, as the witness Koenig has testified, he instituted an improvement in the food given the prisoners at Rechlin on his own initiative, and he generally saw to it that workers got better rations.
But that does not mean that he knew that those prisoners were starving. It was unfortunately so that because of the total blockade of Germany by the Allied forces the food available to the civilian population of Germany was very poor. I myself had only had the minimum ration card; and I could tell you a long story about how difficult it was to work on such rations. Milch, however, obtained better food for everyone working under him for armament. It was he who was the first to obtain extra rations for his air armament industry because the workers worked overtime. As a number of records of the Central Planning Board and the Jaegerstab show, he obtained additional rations for the prisoners of war and, for example, sent the Russians into agriculture so that they might get better food there and be padded a little. He had an office set up in the Jaegerstab in order to obtain additional food and clothing for the workers, as the witness Schmelter has testified.
The improvement in the food of the inmates of Rechlin concentration camp was part of these measures. If he did this through his estate, it was because he had no influence with the administration of the concentration camps in respect of the issue of additional ration cards.
It would not correspond with justice if he was pronounced punishable for the employment of concentration camp inmates under these conditions. The compulsory labor of prisoners has always been lawful in Germany even before the Third Reich. He knew nothing of cruelties and atrocities or inhuman treatment. Therefore, his consent to these cannot be proved.
If I may summarize then, I believe that my opening statement for the defense had correctly revealed that Milch was not a slave holder, moreover that he never aspired to be one, that he was of the opinion that the employment of such workers was permitted, and finally that he had done everything to keep down the employment of foreign workers as much as possible and to make it as humane as possible. At any rate the prosecution’s description of him is in no way accurate, and could only originate from a misunderstanding of the man, his speeches, and of his background. Sauckel and Speer had far greater responsibility in this connection. It was they who had real influence, and not Milch, but even in the case of Speer who was higher than Milch in his position, the International Military Tribunal has granted extenuating circumstances in connection with the manpower issue. I am convinced that Milch thought employing such labor was permissible, and that he did everything in his power to keep such employment to the lowest level and as human as possible.
I am conscious of the fact that the verdict of the International Military Tribunal is a great obstacle for me, and nevertheless the Tribunal was merely composed of human beings, and it had passed judgment under particularly difficult circumstances, and in composition it opened the door to politics into the courtroom. I do not need to remind you that in the English speaking countries, several verdicts of the Tribunal were subjected to very serious criticism. I myself here attacked one point of this verdict with better witnesses and better evidence, that with regard to slave labor, for example, the International Military Tribunal based itself upon a wrong assumption. Nobody stated there that the U.S.S.R. had called off the Hague Convention of Land Warfare. I checked up on those features of defense, and I found that all the time it was only talk that the U.S.S.R. had not become a partner of the convention. The statement of von Neurath revealed that notice of withdrawal was expressly given.
Here we not only pronounce penalty verdicts or judgment, but also political judgments, whether we want to or not. Especially in politics there is always some fluctuation. Every day new facts turn up, which throw different light upon things. The distance of time which always grows greater and greater and separates us from the irritating events of the past allows an ever clearer judgment. The man who returns from battle is always confused. The more he becomes calm the more he admits justice towards his enemy.
Honorable Judges of this Tribunal, when you judge please don’t forget the whole personality of Milch. He always concerned himself as a good and noble man, and I am not only convinced of that as his counsel but also as a human being. The world would have a different outlook if his superiors had listened to his advice, which was intended to serve the people of this world, and the common will of the people, and peace. In his heart he always took the side of the fighter who fought for united Europe, which now has been joined also by his former enemy number one, Churchill. May this statement of Milch which has thrown new light upon things serve this aim. Poor and tortured Europe needs an enduring peace. May his statements also open the eyes of those among the German people who still cannot give up their misconceptions of many years, and show them what crime has been committed against them.
But you, Honorable Judges, must recognize from the attitude of the defendant Milch that he never became unfaithful to himself, and even if he had been perhaps under the spell of erroneous conception, he has always wanted the best for his and other people.
I have profound confidence in you, Honorable Judges, that you, equally detached from your own people, will find an independent, true and righteous judgment that corresponds to the truth. I shall consider it as an honor for my person if I have contributed to this through my painstaking labor.
[152] Defense Counsel Dr. Friedrich Bergold delivered the closing statement before the Tribunal on 25 March 1947, Tr. pp. 2377-2435.
[153] Trial of the Major War Criminals, vol. I, p. 226.
[154] Ibid., p. 253.
[155] Memorandum of 15 September 1941 from Canaris to Keitel concerning an OKW order regulating the treatment of Soviet prisoners of war, contained in _Nazi Conspiracy and Aggression_, vol. VII, p. 411, U.S. Government Printing Office, Washington, 1946.
VI. FINAL STATEMENT OF THE DEFENDANT, 25 MARCH 1947[156]
DEFENDANT ERHARD MILCH: Since I became a soldier in 1910 my work has been devoted to my German people. In the First World War I was at the front from the first to the last day. Then with others I built up the German air lines, and when in 1933 the government asked me to enter the Air Ministry, despite many misgivings, I could not refuse to take up that task because it was pointed out to me that I could not turn a deaf ear to this call of the German people.
I have remained faithful to the idea which I conceived at the time of the air lines, that all nations must collaborate, particularly the European nations. Pressed together in a small area, and whenever possible, mostly outside my actual sphere of work, I dedicated myself to that task. I was opposed to war because my experiences from the First World War showed me that the living standard of any people would not be improved by war, and on the contrary everybody would be grievously harmed.
It was for me a matter of course, even in the late great war, the planning of which was unknown to me, to do my duty in my post. My full effort was dedicated to the air defense of the German homeland. This I conceived to be the only possibility to obtain bearable peace terms. Even though I had nothing to do with the employment of workers, including foreign workers, I considered it to be my duty to make precise investigations into the admissibility of work by foreigners, investigations which were answered in the affirmative; I also made efforts to keep the numbers as low as possible and to see to it they would work in protected factories in foreign countries.
I always made efforts to improve the living conditions of all types of workers.
My statements made to the best of my knowledge and conscience to this Tribunal were directed to the world at large, and above all to the German people, in order to show that only by peaceful understanding of the nations among each other could life and civilization be secured in future and that understanding was not only necessary but also possible if good will prevails. But I also wanted to show my fellow Germans quite clearly that an autocratic government which is not controlled must end in disaster.
My personal fate is of no consequence in this connection. I am interested only in one thing—that the German people should, as soon as possible, be relieved of their untold suffering and should join the community of nations as an equal partner.
[156] Tr. pp. 2489-90.
VII. JUDGMENT
A. Opinion and Judgment of the United States Military Tribunal II[157]
The indictment in this case contains three counts, which may be summarized as follows:
_Count One_: War crimes, involving murder, slave labor, deportation of civilian population for slave labor, cruel and inhuman treatment of foreign laborers, and the use of prisoners of war in war operations by force and compulsion.
_Count Two_: War crimes, involving murder, subjecting involuntary victims to low-pressure and freezing experiments resulting in torture and death.
_Count Three_: Crimes against humanity, involving murder and the same unlawful acts specified in counts one and two against German nationals and nationals of other countries.
For reasons of its own, the Tribunal will first consider counts two and one, in that order, followed by consideration of count three.
COUNT TWO
More in detail, this count alleges that the defendant was a principal in, accessory to, ordered, abetted, took a consenting part in and was connected with, plans and enterprises involving medical experiments without the subjects’ consent, in the course of which experiments, the defendant, with others, perpetrated murders, brutalities, cruelties, tortures, and other inhuman acts. The so-called medical experiments consisted of placing the subject in an airtight chamber in which the air pressure is mechanically reduced so that it is comparable with the pressure to which an aviator is subjected at high altitudes, and in experimenting upon the effect of extreme dry and wet cold upon the human body. For these experiments inmates of the concentration camp at Dachau were selected. These inmates presented a motley group of prisoners of war, dissenters from the philosophy of the National Socialist Party, Jews, both from Germany and the eastern countries, rebellious or indifferent factory workers, displaced civilians from eastern occupied countries, and an undefined group known as “asocial or undesirable persons.”
In approaching a judicial solution of the questions involved in this phase of the case, it may be well to set down seriatim the controlling legal questions to be answered by an analysis of the proof.
(1) Were low-pressure and freezing experiments carried on at Dachau?
(2) Were they of a character to inflict torture and death on the subjects? (The answer to these two questions may be said to involve the establishment of the _corpus delicti_.)
(3) Did the defendant personally participate in them?
(4) Were they conducted under his direction or command?
(5) Were they conducted with prior knowledge on his part that they might be excessive or inhuman?
(6) Did he have the power of opportunity to prevent or stop them?
(7) If so, did he fail to act, thereby becoming _particeps criminis_ and accessory to them?
The periods during which these experiments were conducted become extremely significant in determining the responsibility of the defendant. The evidence is uncontradicted that the low-pressure experiments were inaugurated in March 1942, and were concluded by the end of June 1942. The cold water experiments extended from August to October 1942, and the freezing experiments from February to April 1943. During all of these periods the defendant was Under State Secretary of the Reich Air Ministry, Inspector General and Second in Command under Goering of the Luftwaffe, to which post he was appointed 19 November 1941. In these various capacities, certain military duties devolved upon him, especially as Inspector General. For example, he was ordered by Hitler to take an air squadron to Norway on a purely military expedition, and during the siege of Stalingrad, early in 1943, he was ordered by Hitler to attempt to transport into Stalingrad by air food and supplies for the beleaguered German Army. His high military standing is indicated by the fact that he was one of the twelve field marshals of the German armed forces. The major part of his duties, however, revolved around the production of aircraft for the Luftwaffe. He was primarily a production man, charged with the duty of keeping military airplanes supplied in sufficient quantity to the air arm of Germany’s military machine. This naturally involved the procurement in large quantities of the two essential ingredients of production—labor and raw material—and an over-all supervision of any efforts having to do with that arm. One of the defendant’s immediate subordinates was Professor Hippke, who held the post of Inspector of the Medical Services of the Luftwaffe. Hippke was a physician, and had supervision of all matters involving the health and physical welfare of the personnel of the Luftwaffe.
The low-pressure experiments at Dachau were conducted by three physicians, Dr. Romberg, Dr. Ruff, and Dr. Rascher. It is quite apparent from the evidence that Dr. Rascher, who was attached to the Luftwaffe but made frantic efforts to have himself transferred to the SS, was principally responsible for the nature of the experiments. Dr. Ruff and Dr. Romberg were also attached to the Luftwaffe and were, therefore, remotely under the command and control of the defendant, but the evidence is persuasive that, although they were interested in and helped conduct the experiments up to a certain point, the excesses which resulted in torture and death are attributable to Dr. Rascher. It is quite apparent that the actual activities of these three physicians were far removed from the immediate scrutiny of the defendant even though their activities were conducted within the orbit of the Luftwaffe, over which the defendant had command.
Approaching now the determinative questions listed above, some progress can quickly be made in arriving at judicially satisfactory answers.
(1) As to the first question, the evidence is overwhelming and not contradicted that experiments involving the effect of low air pressure and freezing on live human beings were conducted at Dachau from March through June 1942.
(2) Approaching the second question, it is claimed by the defendant that only legitimate scientific experiments were conducted which did not involve pain or torture and could not ordinarily be expected to result in death. It is remotely possible that so long as the experiments were under the guidance of Dr. Ruff and Dr. Romberg some consideration was given to the possible effect upon the subjects of the experiments. But it is indisputable that the experiments conducted by Dr. Rascher involved torture and suffering in the extreme and in many cases resulted in death. Under the specific guidance of Dr. Rascher, the air pressure was reduced to a point which no flier would ever be required to undergo (14,000 meters). The photographs of the subjects undergoing these experiments indicate extreme agony and leave no doubt that any victim who was fortunate enough to survive had undergone a harrowing experience. The Tribunal does not hesitate to find that these experiments, performed under the specious guise of science, were barbarous and inhuman. It has been urged by the defendant that the only persons used as subjects of these experiments were habitual criminals who had been sentenced to death and who were given the dubious option of offering themselves for the experiments and receiving as a reward, if they survived, a commutation of the death sentence to life imprisonment. This claim scarcely merits serious consideration. A number of witnesses stated that they had a vague understanding that this was the case, but the record is entirely barren of any credible testimony which could possibly justify such a finding of fact.
(3) The prosecution does not claim (and there is no evidence) that the defendant personally participated in the conduct of these experiments.
(4) There is no evidence that the defendant instituted the experiments or that they were conducted or continued under his specific direction or command. It may perhaps be claimed that the low-pressure chamber, which was the property of the Luftwaffe, was sent to Dachau at the direction of the defendant, but even if this were true it could not be inferred from that fact alone that he thereby promulgated the inhuman and criminal experiments which followed. The low-pressure chamber was susceptible of legitimate use and, perhaps, had Dr. Rascher not injected himself into the proceedings, it would have been confined to that use.
(5) Assuming that the defendant was aware that experiments of some character were to be launched, it cannot be said that the evidence shows any knowledge on his part that unwilling subjects would be forced to submit to them or that the experiments would be painful and dangerous to human life. It is quite apparent from an over-all survey of the proof that the defendant concerned himself very little with the details of these experiments. It was quite natural that this should be so. His most pressing problems involved the procurement of labor and materials for the manufacture of airplanes. His position involved vast responsibilities covering a wide industrial field, and there were certainly countless subordinate fields within the Luftwaffe of which he had only cursory knowledge. The Tribunal is convinced that these experiments, which fell naturally and almost exclusively within one of his subordinate departments, engaged the attention of the defendant only perfunctorily, if at all.
(6) Did the defendant have the power or opportunity to prevent or stop the experiments? It cannot be gainsaid that he had the authority to either prevent or stop them insofar as they were being conducted under the auspices of the Luftwaffe. It seems extremely probable, however, that, in spite of him, they would have continued under Himmler and the SS. But certainly he had no opportunity to prevent or stop them, unless it can be found that he had guilty knowledge of them, a fact which has already been determined in the negative. As early as 20 May 1942, the defendant wrote to Wolff, Himmler’s Adjutant, stating:
“* * * our medical inspector [Dr. Hippke] reports to me that the altitude experiments carried out by the SS and Luftwaffe at Dachau have been finished. Any continuation of these experiments seems essentially unreasonable * * *
“The low-pressure chamber would not be needed for these low-temperature experiments. It is urgently needed at another place and therefore can no longer remain in Dachau.”
Certainly the defendant did not have the opportunity to prevent or stop the experiments if he had been told and was convinced that they had terminated on 20 May 1942, and there is no reason to believe that he did not rely upon Dr. Hippke’s report as to their termination. Considerable emphasis is laid upon the testimony that a motion picture of the experiments was brought to Berlin and exhibited in the Air Ministry Building, where the defendant had his office. It may even be said that the picture was brought to Berlin for the defendant’s edification. But it appears that he was not present when it was shown and that, in any event, the showing was long after the experiments were concluded, at which time the defendant certainly could do nothing toward preventing them or stopping them.
(7) In view of the above findings, it is obvious that the defendant never became _particeps criminis_ and accessory in the low-pressure experiments set forth in the second count of the indictment.
As to the other experiments, involving subjecting human beings to extreme low temperatures both in the open air and in water, the responsibility of the defendant is even less apparent than in the case of the low-pressure experiments. The same letter of 20 May 1942 to Wolff does indicate that the defendant was aware of the proposed sea-water experiments. In it he says—
“* * * the carrying out of experiments of some other kind, in regard to perils at high seas, would be important. These have been prepared in immediate agreement with the proper offices; Oberstabsarzt Weltz will be charged with the execution and Stabsarzt Rascher will be made available until further order in addition to his duties within the medical corps of the Luftwaffe. A change of these measures does not appear necessary, and an enlargement of the task is not considered pressing at this time.”
It is true that Rascher wrote interminable reports as to the results of these experiments, but there is no proof that they ever reached the defendant. On the contrary, they were addressed to Himmler and to Rudolf Brandt, his adjutant. At the Nuernberg conference in November 1943, which was held after all experiments had been finished, reports were made which even to a mildly curious lay person might have indicated that the experiments had been tinged with excesses and fatalities. But two facts are striking. First, the defendant was not present at the conference and only received a report of it later; and, second, the experiments were at that time all over.
It must be constantly borne in mind that this is an American court of justice, applying the ancient and fundamental concepts of Anglo-Saxon jurisprudence which have sunk their roots into the English common law and have been stoutly defended in the United States since its birth. One of the principal purposes of these trials is to inculcate into the thinking of the German people an appreciation of, and respect for, the principles of law which have become the backbone of the democratic process. We must bend every effort toward suggesting to the people of every nation that laws must be used for the protection of people and that every citizen shall forever have the right to a fair hearing before an impartial tribunal, before which all men stand equal. We must never falter in maintaining, by practice as well as by preachment, the sanctity of what we have come to know as due process of law, civil and criminal, municipal and international. If the level of civilization is to be raised throughout the world, this must be the first step. Any other road leads but to tyranny and chaos. This Tribunal, before all others, must act in recognition of these self-evident principles. If it fails, its whole purpose is frustrated and this trial becomes a mockery. At the very foundation of these juridical concepts lie two important postulates (1) every person accused of crime is presumed to be innocent, and (2) that presumption abides with him until guilt has been established by proof beyond a reasonable doubt.
Unless the court which hears the proof is convinced of guilt to the point of moral certainty, the presumption of innocence must continue to protect the accused. If the facts as drawn from the evidence are equally consistent with guilt and innocence, they must be resolved on the side of innocence. Under American law neither life nor liberty is to be lightly taken away, and, unless at the conclusion of the proof there is an abiding conviction of guilt in the mind of the court which sits in judgment, the accused may not be damnified.
Paying reverent attention to these sacred principles, it is the judgment of the Tribunal that the defendant is not guilty of the charges embraced in count two of the indictment.
COUNT ONE
Count one of the indictment charges the defendant with the commission of specified war crimes, as defined by Article II of Control Council Law No. 10, in that he was a principal in, accessory to, ordered, abetted, took a consenting part in and was connected with, plans and enterprises involving slave labor and deportation to slave labor, resulting in the enslavement, torture and murder of civilians of foreign countries. The indictment further charges that he similarly participated in the use of prisoners of war in war operations and work having a direct relation to war operations, resulting in inhuman treatment and death to captured members of the armed forces opposed to Germany. The indictment alleges that these acts were in violation of international law and the recognized principles of civilized warfare and in specific violation of numerous treaties and conventions to which Germany was a party.
It is claimed by the prosecution that the defendant’s responsibility for these alleged crimes arises from his activities in three capacities (1) as Aircraft Master General (Generalluftzeugmeister); (2) member of the Central Planning Board; and (3) chief of the Jaegerstab. The Central Planning Board was established by a decree of the Fuehrer, dated 29 October 1943. That decree fitted the task of production of material goods of every kind into the framework of the Four Year Plan and charged the Central Planning Board with the procurement and distribution of material of every description. The Board consisted of Reich Minister Speer, Under Secretary Koerner, and the defendant. On 1 March 1944, the Jaegerstab was established, consisting of Speer, Saur (a subordinate of Speer), and the defendant. The Jaegerstab concerned itself exclusively with the material needs of the Luftwaffe, and was headed, naturally, by the defendant. It became apparent that neither of these two bodies could adequately deal with the problems of production without constantly dealing with the question of labor supply. Meetings of the Central Planning Board were held at least weekly and the minutes of those meetings which were offered in evidence show a constant and unremitting concern with the problem of labor. Fritz Sauckel was in supreme command of the procurement of labor for the entire war effort, and his conduct in carrying out his task has been vividly portrayed in the judgment of the International Military Tribunal:[158]
“* * * As local supplies of raw materials and local industrial capacity became inadequate to meet the German requirements, the system of deporting laborers to Germany was put into force. By the middle of April 1940 compulsory deportation of laborers to Germany had been ordered in the General Government; and a similar procedure was followed in other eastern territories as they were occupied. A description of this compulsory deportation from Poland was given by Himmler. In an address to SS officers he recalled how in weather 40 degrees below zero they had to ‘haul away thousands, tens of thousands, hundreds of thousands.’ On a later occasion Himmler stated:
“‘Whether ten thousand Russian females fall down from exhaustion while digging an antitank ditch interests me only insofar as the antitank ditch for Germany is finished * * *. We must realize that we have 6-7 million foreigners in Germany * * *. They are none of them dangerous so long as we take severe measures at the merest trifles.’
“During the first two years of the German occupation of France, Belgium, Holland, and Norway, however, an attempt was made to obtain the necessary workers on a voluntary basis. How unsuccessful this was may be seen from the report of the meeting of the Central Planning Board on 1 March 1944. The representative of the defendant Speer, one Koehrl [Kehrl], speaking of the situation in France said: ‘During all this time a great number of Frenchmen were recruited, and voluntarily went to Germany.’
“He was interrupted by the defendant Sauckel: ‘Not only voluntary, some were recruited forcibly.’
“To which Koehrl [Kehrl] replied: ‘The calling up started after the recruitment no longer yielded enough results.’
“To which the defendant Sauckel replied: ‘Out of the five million workers who arrived in Germany, not even 200,000 came voluntarily.’ And Koehrl [Kehrl] rejoined: ‘Let us forget for the moment whether or not some slight pressure was used. Formally, at least, they were volunteers.’
“Committees were set up to encourage recruiting, and a vigorous propaganda campaign was begun to induce workers to volunteer for service in Germany. This propaganda campaign included, for example, the promise that a prisoner of war would be returned for every laborer who volunteered to go to Germany. In some cases it was supplemented by withdrawing the ration cards of laborers who refused to go to Germany, or by discharging them from their jobs and denying them unemployment benefit or an opportunity to work elsewhere. In some cases workers and their families were threatened with reprisals by the police if they refused to go to Germany. It was on 21 March 1942 that the defendant Sauckel was appointed Plenipotentiary-General for the Utilization of Labor, with authority over ‘all available manpower, including that of workers recruited abroad, and of prisoners of war’.
“The defendant Sauckel was directly under the defendant Goering as Commissioner of the Four Year Plan, and a Goering decree of 27 March 1942 transferred all his authority over manpower to Sauckel. Sauckel’s instructions, too, were that foreign labor should be recruited on a voluntary basis, but also provided that ‘where, however, in the occupied territories, the appeal for volunteers does not suffice, obligatory service and drafting must under all circumstances be resorted to.’ Rules requiring labor service in Germany were published in all the occupied territories. The number of laborers to be supplied was fixed by Sauckel, and the local authorities were instructed to meet these requirements by conscription if necessary * * *.
“* * * the evidence before the Tribunal establishes the fact that the conscription of labor was accomplished in many cases by drastic and violent methods. The ‘mistakes and blunders’ were on a very great scale. Manhunts took place in the streets, at motion picture houses, even at churches and at night in private houses. Houses were sometimes burnt down, and the families taken as hostages, practices which were described by the defendant Rosenberg as having their origin ‘in the blackest periods of the slave trade.’ The methods used in obtaining forced labor from the Ukraine appear from an order issued to SD officers which stated:
“‘It will not be possible always to refrain from using force * * *. When searching villages, especially when it has been necessary to burn down a village, the whole population will be put at the disposal of the commissioner by force * * *. As a rule no more children will be shot * * *. If we limit harsh measures through the above orders for the time being it is only done for the following reason * * *. The most important thing is the recruitment of workers.’
“The resources and needs of the occupied countries were completely disregarded in carrying out this policy. The treatment of the laborers was governed by Sauckel’s instructions of 20 April 1942 to the effect that—
‘All the men must be fed, sheltered and treated in such a way as to exploit them to the highest possible extent, at the lowest conceivable degree of expenditure.’
“The evidence showed that workers destined for the Reich were sent under guard to Germany, often packed in trains without adequate heat, food, clothing, or sanitary facilities. The evidence further showed that the treatment of the laborers in Germany in many cases was brutal and degrading * * *. They were subject to constant supervision by the Gestapo and the SS, and if they attempted to leave their jobs they were sent to correction camps or concentration camps. The concentration camps were also used to increase the supply of labor. Concentration camp commanders were ordered to work their prisoners to the limits of their physical power. During the latter stages of the war the concentration camps were so productive in certain types of work that the Gestapo was actually instructed to arrest certain classes of laborers so that they could be used in this way. Allied prisoners of war were also regarded as a possible source of labor. Pressure was exercised on noncommissioned officers to force them to consent to work, by transferring to disciplinary camps those who did not consent. Many of the prisoners of war were assigned to work directly related to military operations, in violation of Article 31 of the Geneva Convention. They were put to work in munition factories and even made to load bombers, to carry ammunition and to dig trenches, often under the most hazardous conditions. This condition applied particularly to the Soviet prisoners of war. On 16 February 1943, at a meeting of the Central Planning Board, at which the defendants Sauckel and Speer were present, Milch said:
“‘We have made a request for an order that a certain percentage of men in the ack-ack artillery must be Russians; 50,000 will be taken altogether, 30,000 are already employed as gunners. This is an amusing thing, that Russians must work the guns.’”
And on 4 October 1943, at Poznan, Himmler, speaking of the Russian prisoners, captured in the early days of the war, said:
“‘At that time we did not value the mass of humanity as we value it today, as raw material, as labor. What, after all, thinking in terms of generations, is not to be regretted, but is now deplorable by reason of the loss of labor, is that the prisoners died in tens and hundreds of thousands of exhaustion and hunger.’
“The general policy underlying the mobilization of slave labor was stated by Sauckel on 20 April 1942. He said:
“‘The aim of this new gigantic labor mobilization is to use all the rich and tremendous sources conquered and secured for us by our fighting armed forces, under the leadership of Adolf Hitler, for the armament of the armed forces, and also for the nutrition of the homeland. The raw materials, as well as the fertility of the conquered territories and their human labor power, are to be used completely and conscientiously to the profit of Germany and her allies * * *. All prisoners of war from the territories of the West, as well as the East, actually in Germany, must be completely incorporated into the German armament and nutrition industries * * *. Consequently it is an immediate necessity to use the human reserves of the conquered Soviet territory to the fullest extent. Should we not succeed in obtaining the necessary amount of labor on a voluntary basis, we must immediately institute conscription or forced labor * * *. The complete employment of all prisoners of war, as well as the use of a gigantic number of new foreign civilian workers, men and women, has become an indisputable necessity for the solution of the mobilization of the labor program in this war.’”
Continuing with the quotation from the IMT decision:[159]
“* * * As the dominant member of the Central Planning Board, which had supreme authority for the scheduling of German production and the allocation and development of raw materials, Speer took the position that the Board had authority to instruct Sauckel to provide laborers for industries under its control and succeeded in sustaining this position over the objection of Sauckel. The practice was developed under which Speer transmitted to Sauckel an estimate of the total number of workers needed. Sauckel obtained the labor and allocated it to the various industries in accordance with instructions supplied by Speer.
“Speer knew when he made his demands on Sauckel that they would be supplied by foreign laborers serving under compulsion. He participated in conferences involving the extension of the slave labor program for the purpose of satisfying his demands. He was present at a conference held during 10-12 August 1942 with Hitler and Sauckel at which it was agreed that Sauckel should bring laborers by force from occupied territories where this was necessary to satisfy the labor needs of the industries under Speer’s control. Speer also attended a conference in Hitler’s headquarters on 4 January 1944, at which the decision was made that Sauckel should obtain ‘at least 4 million new workers from occupied territories’ in order to satisfy the demands for labor made by Speer, although Sauckel indicated that he could do this only with help from Himmler.
“Sauckel continually informed Speer and his representatives that foreign laborers were being obtained by force. At a meeting of 1 March 1944, Speer’s deputy questioned Sauckel very closely about his failure to live up to the obligation to supply four million workers from occupied territories. In some cases Speer demanded laborers from specific foreign countries. Thus, at the conference 10-12 August 1942, Sauckel was instructed to supply Speer with ‘a further million Russian laborers for the German armament industry up to and including October 1942.’ At a meeting of the Central Planning Board on 22 April 1943, Speer discussed plans to obtain Russian laborers for use in the coal mines, and flatly vetoed the suggestion that this labor deficit should be made up by German labor.
“Speer has argued that he advocated the reorganization of the labor program to place a greater emphasis on utilization of German labor in war production in Germany and on the use of labor in occupied countries in local production of consumer goods formerly produced in Germany. Speer took steps in this direction by establishing the so-called ‘blocked industries’ in the occupied territories which were used to produce goods to be shipped to Germany. Employees of these industries were immune from deportation to Germany as slave laborers and any worker who had been ordered to go to Germany could avoid deportation if he went to work for a blocked industry. This system, although, somewhat less inhumane than deportation to Germany, was still illegal. The system of blocked industries played only a small part in the over-all slave labor program, although Speer urged its cooperation with the slave labor program, knowing the way in which it was actually being administered. In an official sense, he was its principal beneficiary and he constantly urged its extension.
“Speer was also directly involved in the utilization of forced labor as Chief of the Organization Todt. The Organization Todt functioned principally in the occupied areas on such projects as the Atlantic Wall and the construction of military highways, and Speer has admitted that he relied on compulsory service to keep it adequately staffed. He also used concentration camp labor in the industries under his control. He originally arranged to tap this source of labor for use in small out-of-the-way factories; and later, fearful of Himmler’s jurisdictional ambitions, attempted to use as few concentration camp workers as possible.
“Speer was also involved in the use of prisoners of war in armament industries but contends that he utilized Soviet prisoners of war only in industries covered by the Geneva Convention.
“Speer’s position was such that he was not directly concerned with the cruelty in the administration of the slave labor program, although he was aware of its existence. For example, at meetings of the Central Planning Board he was informed that his demands for labor were so large as to necessitate violent methods in recruiting. At a meeting of the Central Planning Board on 30 October 1942, Speer voiced his opinion that many slave laborers who claimed to be sick were malingerers and stated: ‘There is nothing to be said against SS and police taking drastic steps and putting those known as slackers into concentration camps.’”
Under the provisions of Article X of Ordinance No. 7, these determinations of fact by the International Military Tribunal are binding upon this Tribunal “in the absence of substantial new evidence to the contrary.” Any new evidence which was presented was in no way contradictory of the findings of the International Military Tribunal, but, on the contrary, ratified and affirmed them.
The next question to be answered is whether or not the defendant Milch in this case knew that foreign slave labor and prisoners of war were being procured by Sauckel and used in the aircraft industry, which the defendant controlled. The defendant’s own words, as gleaned from the minutes of the Central Planning Board and from his own testimony, conclusively answer this question in the affirmative. He testified that he knew that prisoners of war were employed in the airplane factory at Regensburg and that some twenty thousand Russian prisoners of war were used to man antiaircraft guns protecting the various plants. He stated further that he saw this type of war prisoners manning 8.8 and 10.5 [centimeter] antiaircraft guns at airplane factories in Luftgau 7 near Munich. Sauckel, the Plenipotentiary for Labor, sat in on at least fifteen meetings of the Central Planning Board, over which the defendant presided, and discussed at great length and in elaborate detail the problems involved in procuring sufficient foreign laborers for the German war effort. He frankly disclosed the cruel and barbarous methods used in forcing civilians of the eastern countries into the Reich for war work. He related the difficulties and resistance which confronted him and the methods which he used and proposed to use in forcibly rounding up and transporting foreign workers. The advisability of using prisoners of war and inmates of concentration camps in the Luftwaffe was frankly discussed, with the defendant offering advice and suggestions as to the most effective methods to be used. In the face of this overwhelming evidence, disclosing page after page of discussion between Speer, Sauckel, and the defendant in which the defendant urged more severe and coercive methods of procuring foreign labor from the East, it would violate all reason to conclude that he had no knowledge of the source of this labor or of the methods used in procuring it. His voice is constantly heard, pleading for more laborers from this source and clamoring for a larger share in Sauckel’s labor pool. Hildebrand and Sagemeier for the coal mines, Rohland for the foundries, Kehrl for the coal and iron industries, Bruch and Becht for the rubber industry, Speer for the armament industry, and Milch for the aircraft industry—all these and others joined in a pagan chorus, in which the harmony was frequently strained, but all singing the same song, “We need laborers, men and women. We don’t care where you get them, but give us more.”
At the 54th meeting of the Central Planning Board, Sauckel stated in the defendant’s presence:
“* * * Thereupon I even proceeded to employ and train a whole batch of French male and female agents who for good pay, just as was done in olden times for ‘shanghaiing’, went hunting for men and made them drunk by using liquor as well as words, in order to dispatch them to Germany. Moreover I charged some able men with founding a special labor supply executive of our own, and this they did by training and arming, with the help of the Higher SS and Police Fuehrer, a number of natives, but I still have to ask the Munitions Ministry for arms for the use of these men. * * *.
“* * * I and my assistants in fact have sometimes seen things happen in France that I was forced to ask, is there no respect any more in France for the German lieutenant with his 10 men? * * * We Germans must make an example of one case, and, by reason of this law, if necessary put Prefect or Burgomaster against the wall, if he does not comply with the rules; otherwise no Frenchman at all will be dispatched to Germany.”
The defendant contributed to the discussion by saying:
“* * * As soon as you arrive the men run away to protect themselves from being sent to Germany * * *. The men even then will be whisked away unless quite another authority and power is on the watch, and this can only be the army itself. * * * I can find no remedy but that the army should assert itself ruthlessly.”
As indicating that the defendant was not indifferent to the problem, at the same meeting, in referring to procuring labor from Italy, he offered the following suggestion:
“We could take under German administration the entire food supply for the Italians and tell them: only he gets any food who either works in a protected factory (that is, a factory in Italy manufacturing German war material) or goes to Germany.”
Later in the same conference, the defendant made another contribution to the solution of the problem of foreign labor, saying:
“Now during the transfer it is necessary to see that the people really do arrive and do not run away before or during the transfer. If a transport has left a town and has not arrived, 500 to 600 persons from this place must be arrested and sent to Germany as prisoners of war. Such a thing is then talked about everywhere. If actions like this and other similar ones are carried out often, they would exert a certain pressure. The whole thing would be made easier, if we had control of food.”
At the 53d meeting of the Central Planning Board (16 February 1944), the defendant stated:
“Our best new engine is made 88 percent by Russian prisoners of war and the other 12 percent by German men and women.”
Instances could be multiplied in which the defendant not only listened to stories of enforced labor from eastern civilians and other prisoners of war and thereby became aware of the methods used in procuring such labor, but in which he himself urged more stringent and coercive means to supplement the dwindling supply of labor in the Luftwaffe. As Germany’s plight became more desperate, her loss of military personnel presented an alarming dilemma, resulting in the defection of thousands of workmen to the armed forces. This resulted in a shifting of the dilemma to industry, and spurs were put to the labor procurement officers to fill the widening gap in the industrial labor ranks. Every branch of war industry constantly clamored for replacements and each vied with the others for a greater quota from the labor pool. Confronted by the desperate situation, the labor procurement officers, headed by the implacable Sauckel, cast aside all restraint and set out systematically to herd into the Reich any human being who could contribute to Germany’s war effort. Under Sauckel’s whip, no means however harsh were overlooked, and no person however exempt was spared.
The defense on this count is ingenious but unconvincing. As to the use of prisoners of war, the defendant testified that he had been advised by some unidentified person high in the National Socialist Councils that it was not unlawful to employ prisoners of war in war industries. The defendant was an old and experienced soldier, and his testimony revealed that he was well acquainted with the provisions of the Geneva and Hague Treaties on this subject, which are plain and unequivocal. In the face of this knowledge, the advice which he claims to have received should have raised grave suspicions in his mind. Presenting an entirely different aspect to his defense, he testifies that many of the Russian prisoners of war volunteered to serve in the war industries and apparently enjoyed the opportunity of manufacturing munitions to be used against their fellow countrymen and their allies. Other Russian prisoners of war, he states, were discharged as such and immediately enrolled as civilian workers. The photographs introduced in evidence, however, show that they still retained their Russian army uniforms, which makes their status as civilians suspect. Be that as it may, it does not adequately answer the charge that hundreds of thousands of Polish prisoners of war were cast into concentration camps and parceled out to the various war factories, nor the further fact that thousands of French prisoners of war were compelled to labor under the most harrowing conditions for the Luftwaffe.
As to the French civilian workers who were employed at war work in Germany after the conquest of France, it is the contention of the defendant that these workers were supplied by the French Government under a solemn agreement with the Reich. It is claimed with a straight face that the Vichy Government, headed by Laval, entered into an international compact with the German Government to supply French laborers for work in Germany. This contention entirely overlooks the fact that the Vichy Government was a mere puppet set up under German domination, which, in full collaboration with Germany, took its orders from Berlin. The position of the defendant seems to be that, if any force or coercion was used on French citizens, it was exerted by their own government, but this position entirely overlooks the fact that the transports which brought Frenchmen to Germany were manned by German armed guards and that upon their arrival they were kept under military guard provided by the Wehrmacht or the SS.
It was sought to disguise the harsh realities of the German foreign labor policy by the use of specious legal and economic terms, and to make such policy appear as the exercise of conventional labor relations and labor law. The fiction of a “labor contract” was frequently resorted to, especially in the operations of the Todt Organization, which implied that foreign workers were given a free choice to work or not to work for Germany military industry. This, of course, was purely fictitious, as is shown by the fact that thousands of these “contract workers” jumped from the trains transporting them to Germany and fled into the woods. Does anyone believe that the vast hordes of Slavic Jews who labored in Germany’s war industries were accorded the rights of contracting parties? They were slaves, nothing less—kidnapped, regimented, herded under armed guards, and worked until they died from disease, hunger, and exhaustion. The idea of any Jew being a party to a contract with Germans was unthinkable to the National Socialists. Jews were considered as outcasts and were completely at the mercy of their oppressors. Exploitation was merely a convenient and profitable means of extermination, to the end that, “when this war ends, there will be no more Jews in Europe”. As to non-Jewish foreign labor, with few exceptions they were deprived of the basic civil rights of free men; they were deprived of the right to move freely or to choose their place of residence; to live in a household with their families; to rear and educate their children; to marry; to visit public places of their own choosing; to negotiate, either individually or through representatives of their own choice, the conditions of their own employment; to organize in trade unions; to exercise free speech or other free expression of opinion; to gather in peaceful assembly; and they were frequently deprived of the right to worship according to their own conscience. All these are the sign-marks of slavery, not free employment under contract.
The German nation, before the ascendancy of the NSDAP, had repeatedly recognized the rights of civilians in occupied countries. At the Hague Peace Conference of 1907, an amendment was submitted by the German delegate, Major General von Guendell, which read:
“A belligerent is likewise forbidden to compel the nationals of the adverse party to take part in the operations of war directed against their country, even when they have been in his service before the commencement of the war.”
The German manual for war on land (Kriegsbrauch im Landkriege, Edition 1902) stated:
“The inhabitants of an invaded territory are persons endowed with rights * * * subject to certain restrictions * * * but who otherwise may live free from vexations and, as in time of peace, under the protection of the laws.”
During the First World War, an order of the German Supreme Command (3 October 1916) provided for the deportation of Belgian vagrants and idlers to Germany for work, but specified that such labor was not to be used in connection with operations of war. The order resulted in such a storm of protest that it was at once abandoned by the German authorities.
It cannot be contended, of course, that foreign workers were entitled to comforts or luxuries which were not accorded German workers. It is also recognized that, especially during the latter part of the war there was a universal shortage of food and fuel throughout the Reich and in the discomforts arising therefrom foreign workers were bound to share. But it is an undoubted fact that the foreign workers were subjected to cruelties and torture and the deprivation of decent human rights merely because they were aliens. This was not true in isolated instances, but was universal and was the working out of the German attitude toward those whom it considered inferior peoples. If any decent human consideration was shown these workers, it was merely to maintain their productivity and did not stem from any humanitarian considerations.
The Tribunal therefore finds the defendant guilty of the war crimes charged in count one of the indictment, to wit, that he was a principal in, accessory to, ordered, abetted, took a consenting part in and was connected with, plans and enterprises involving slave labor and deportation to slave labor of the civilian populations of countries and territories occupied by the German armed forces, and in the enslavement, deportation, ill-treatment and terrorization of such persons; and further that the defendant was a principal in, accessory to, ordered, abetted, took a consenting part in, and was connected with, plans and enterprises involving the use of prisoners of war in war operations and work having a direct relation to war operations.
COUNT THREE
Count three of the indictment charges the defendant with crimes against humanity committed against “German nationals and nationals of other countries.” Sufficient proof was not adduced as to such offenses against German nationals to justify an adjudication of guilt on that ground. As to such crimes against nationals of other countries, the evidence shows that a large number of Hungarian Jews and other nationals of Hungary and Romania, which countries were occupied by Germany but were not belligerents, were subjected to the same tortures and deportations as were the nationals of Poland and Russia. In count one of the indictment these acts are charged as war crimes and have heretofore been considered by the Tribunal under that count in this judgment. In the judgment of the International Military Tribunal (_Vol. I, Trial of the Major War Criminals, p. 254_), the court stated—
“From the beginning of the war in 1939, war crimes were committed on a vast scale which were also crimes against humanity.”
This is a finding of law and an interpretation of Control Council Law No. 10, with which this Tribunal is in full accord.
Our conclusion is that the same unlawful acts of violence which constituted war crimes under count one of the indictment also constitute crimes against humanity as alleged in count three of the indictment. Having determined the defendant to be guilty of war crimes under count one, it follows, of necessity, that he is also guilty of the separate offense of crime against humanity, as alleged in count three, and this Tribunal so determines.
In exculpation, the defendant states that he was a German soldier and that whatever was done by him or with his knowledge or consent was done in pursuance of a national military policy promulgated by Hitler and in obedience to military orders. He protests that, no matter how violently he disagreed with the methods used by the German Reich in the furthering of its policy of aggressive war, he was helpless to extricate himself and had no alternative except to stay with the venture to the bitter end. It is true that withdrawal may involve risks and dangers, but these are incidental to the original affiliation with the unlawful scheme. He who elects to participate in a venture which may result in failure must make his election to abandon the enterprise if it is not to his liking or to stay as a participant, and win or lose according to the outcome.
Much significance must be attached to the meeting of 23 May 1939, at which the defendant was admittedly present and in which Hitler spoke at great length as to his plans for the subjugation of friendly minor nations and the ultimate conquest of Europe. A purported record of the events at this meeting has been introduced in evidence and has been found to be reliable and accurate by the International Military Tribunal. The defendant has throughout insisted that this record is spurious and was made by Schmundt long after the occasion which it records. Of course, it was never anticipated that this record, which was marked “Top Secret, To be Transmitted by Officer Only,” would ever be captured and its contents become known. It is not surprising that those who sat and listened to the astounding program of the Fuehrer now wish that they had been absent. It cannot be denied that there was a meeting of some kind which the defendant attended and at which the Fuehrer spoke, and further that it was held a few short months before the actual invasion of Poland, as forecast in the report of the meeting. The Schmundt paper does not pretend to be a verbatim report of Hitler’s exact words, but certainly all of the diabolical plans which it reveals were not manufactured by Schmundt out of thin air, attributed to Hitler, and then marked “Top Secret”. Even if Hitler said only a small part of what is attributed to him by Schmundt, there was enough said to advise and warn a man of the defendant’s intelligence and experience that mischief was afoot. Every sentence shrieks of war. The record hints at nothing else, and, if all references to conquest and war and world domination are eliminated, Hitler did not speak at all. At this early date, the defendant must be charged with knowledge that a war of aggression, to be ruthlessly pursued, was planned. This, then, was the time for him to have made his decision—the decision which confronts every man daily—to be honorable or dishonorable. Life consists quite generally in making such decisions. As an old soldier, schooled in the code of war and well aware of the principles to which an honorable soldier must adhere, he sat complacently and listened to a proposed program which violated national honor, personal integrity and the moral code of an honest soldier. He made his choice and elected to ride with the tyrant.
When the defendant joined the National Socialist Party in 1933, Germany was in the throes of dire economic and political distress and was burdened by a myriad of political parties, each with its separate program and all functioning at cross-purposes. The defendant elected to affiliate with the NSDAP because, he testified, he believed it offered the most likely agency for bringing order out of chaos. But very soon he must have realized that he had joined a band of villains whose program contemplated every crime in the calendar. The Nazi code was not a secret. It was published and proclaimed by the Party leaders in long harangues to the people; decrees and directives were broadcast; the infamous Streicher was spreading anti-Jewish obscenities throughout the Reich in “Der Stuermer”; Roehm and a large number of the SA were murdered by Hitler’s orders; hundreds of German citizens were cast into concentration camps for “political re-education,” without hearing or opportunity for defense; the iniquitous Gestapo stormed through the land, with power over life and liberty which could not be questioned; in public view Jews were beaten and killed, their synagogues burned and their stores destroyed. The Party proclaimed its objectives from the house-tops and verified them by open public conduct throughout the Reich. The significant fact which must not be overlooked is that all these things happened _before_ the war was launched, at a time when there was no claim upon the loyalty of the defendant as a soldier to protect his homeland at war. He protests that he never subscribed to the master race philosophy, but 18 years before he joined the Party in 1933, its precepts and demands had been proclaimed, among which was Point 4—
“Only a member of the race can be a citizen. A member of the race can only be one who is of German blood, without consideration of creed. Consequently no Jew can be a member of the race.”
The humblest citizens of Germany knew that the iniquitous doctrines of the Party were being implemented by ruthless acts of persecution and terrorism which occurred in public view. Thousands of obscure German citizens were only too well aware that they were living under the scrutiny of an army of spies and saw their friends and relatives summarily dispatched to concentration camps for the slightest suspicion of dissidence. The defendant did not live in a vacuum. He was not blind nor deaf. Long before 1939, long before his military loyalty was called into play, long before the door of withdrawal was closed, he could have seen the bloody handwriting on the wall, for murder and enslavement of his own countrymen was there written in blazing symbols. But he had taken on the crimson mantle of the Party, with all its ghastly implication, and he wore it with glory and profit to himself to the end. Others with more courage and higher principles and with more loyalty to the ancient German ideals rebelled and withdrew from the brutal crew—von Clausewitz, Yorck von Wartenburg, Schlegelberger, Schmitt, Eltz von Ruebenach, Tesmer. These men in high positions had the character to repudiate great evil, and if in so doing they took risks and made sacrifices, nevertheless, they made their choice to stand with decency and justice and honor. The defendant had his opportunity to join those who refused to do the evil bidding of an evil master, but he cast it aside and his professed repentance now comes too late.
What a sordid picture of a civilized nation—the nation of Goethe and Heine, of Beethoven and Schubert, even of Bismarck and von Hindenburg—fawning and cringing at the feet of a small man with delusions of grandeur. Even when madness crept in to intensify his frenzy and fear of defeat put spurs to his ferocity, they still said, “We are his people. He is our immaculate leader.” Men of large capacities, even of genius, prostituted their talents before a puny renegade who used them impiously and paid off his puppets with medals and pelf. But the strutting menials stayed with him. So long as success was on the horizon, they bowed and scraped and sought to outdo each other in supine adulation. They tell us now, “Hitler was wrong.” But they never told him that. Right or wrong, their only concern was, “Can he win the war? And what will it mean for me?” They heard him proclaim as early as November 1937, “The question for Germany is where the greatest possible conquest could be made at the lowest possible cost,” and they nodded and shouted, “Heil Hitler,” and maneuvered to get closer to him. Before the invasion of Poland, they heard this bloodthirsty tyrant say, “In starting and making a war, not the right is what matters, but victory.” And this defendant, as part of the unholy array, rolled up his sleeves and said, “Let me help. Give me men and more men, no matter where you get them.”
In a civilized state which recognizes the sanctity of human lives and human rights, no man—no group of men—should be endowed with omnipotence. The history of human relations, from Herod to Hitler, has repeatedly demonstrated this to be true. Omnipotence is only for God. Be a man ever so wise, ever so benevolent, ever so trustworthy, there still exists in him the frailty, the fallibility, the susceptibility to temptation that is inherent in every man. If the only protection against the tyranny of an autocrat is his own self-restraint, that is not enough, for power feeds on power, and the temptation to stretch authority to its limit is irresistible.
What, then, of the responsibility of those who bask in the reflected radiance of omnipotence, who get their sustenance from it and who arrogantly carry out its mandates and crush any resistance to it? Are they not the hands and limbs of the monster, carrying out the orders of the head? Surely, they cannot be allowed to detach themselves from the corpus by saying, “These arms and legs are innocent—only the head is guilty?”
In an authoritarian state, the head becomes the supreme authority for woe as well as weal. Those who subscribe to such a state submit to that principle. If they abjectly place all the power in the hands of one man, with no right reserved to check or limit or repudiate, they must accept the bitter with the sweet. This is especially true of those in high places in the state—those who choose to enjoy the honor, the emoluments and the power of such high stations. By accepting such attractive and lucrative posts under a head whose power they know to be unlimited, they ratify in advance his every act, good or bad. They cannot say at the beginning, “The Fuehrer’s decisions are final; we will have no voice in them; it is not for us to reason why; his will is law,” and then, when the Fuehrer decrees aggressive war or barbarous inhumanities or broken covenants, to attempt to exculpate themselves by saying, “Oh, we were never in favor of _those_ things.”
One cannot escape the conviction that, had the war terminated in victory for Germany, all of the acts of Hitler, including those related to the charges in this indictment, would have been hailed as strokes of genius, and that this defendant would now be elbowing his way into the front row of those claiming to have successfully and victoriously carried out Hitler’s orders and policies—in fact, claiming co-authorship in many. But with Germany defeated and Hitler dead, it becomes naively convenient to take refuge in the flimsy claim that no one except Hitler was in favor of the invasion of Poland and Russia and France and the rape of Holland and Belgium and Norway and Denmark.
The defendant insists that he knew nothing of the atrocities and violence which were cumulating day by day throughout Europe. Being a good German, he says, he supinely obeyed the decree which forbade listening to foreign broadcasts or reading foreign periodicals. He surrendered to a political philosophy which outlawed the ordinary means of knowledge and which prevented the formation of rationalized opinion or judgment. No one might read or listen or talk except in predetermined channels. Ignorance was prescribed by law. The first weapon of tyranny is to keep its victims in darkness. The Germans were an intelligent, cultured people; they were not ignorant serfs. What a travesty to say that a people which has produced some of the greatest intellects in human history is not fit to be told the truth.
Desperate and discouraged peoples, distraught with the crushing problems of hunger and insecurity, have always cried out for a miracle worker to lead them out of the wilderness. Then is the golden opportunity for the mountebank with bland promises and soothing phrases to provide a poisonous panacea for their distress. In their desperation they fail to realize that despotism has a way of beginning with benevolence and ends by being merely despotic. Masquerading in the mantle of a messiah, the wily opportunist lulls them into subscribing to some glib Fuehrerprinzip which means, “Ask no questions; leave everything to me.” And when the debacle comes, they realize that they _have_ left everything to him—honor, dignity, self-respect, liberty, even life itself—and they end up degraded, ashamed, impoverished, and hopeless. But have they ended up wiser? The universal fear today is that in their desperation they will repeat the vicious process by saying, “Last time we picked the wrong man. Let us seek a new messiah. He will save us.” The lessons of one generation are quickly forgotten by the next, but the inexorable laws of nature are immutable. The tragic fruits of tyranny and intolerance will always be the moral decay of peoples and the degradation of human dignity.
Over the heavy gates which shut in the hapless victims at Dachau is a legend reading, “Work will set you free.” The toil of slaves cannot set them free; it only serves to further enslave them. Some day an enlightened German people will storm those gates and all others like them and recast them into an image of Truth—an imperishable figure with eyes open and unbandaged. So long as Truth stands free and untarnished, no future Hitler will ever arise to deceive and degrade the German nation. Then there will never be another Dachau.
[Signed] ROBERT M. TOMS PRESIDING JUDGE FITZROY D. PHILLIPS JUDGE MICHAEL A. MUSMANNO JUDGE SENTENCE
This Tribunal takes no pleasures in performing the duty which confronts it, but the deliberate enslavement of millions must not go unexpiated. The barbarous acts which have been revealed here originated in the lust and ambition of comparatively few men, but all Germans are paying and will pay for the degradation of their souls and the debasement of the German honor, caused by following the false prophets who led them to disaster.
It would be a travesty on justice to permit those false leaders, including this defendant, to escape responsibility for the deception and betrayal of their people. It would be even a greater injustice to view with complacence the mass graves of millions of men, women, and children whose only crime was that they stood in Hitler’s way. Retribution for such crimes against humanity must be swift and certain. Future would-be dictators and their subservient satellites must know what follows their defilement of international law and of every type of decency and fair dealing with their fellow men. Civilization will be satisfied with nothing less.
It is the sentence of this Tribunal that the defendant Erhard Milch be confined to the Rebdorf Prison for the remainder of his natural life.
[157] Concurring opinions were filed by Judge Musmanno, see pp. 797-859, and by Judge Phillips, see pp. 860-878.
[158] Trial of the Major War Criminals, vol. I, pp. 243-47, Nuremberg, 1947.
[159] Ibid., pp. 381-83.
B. Concurring Opinion by Judge Michael A. Musmanno
The defendant is Erhard Milch, Field Marshal in the German Luftwaffe, Inspector General of the Luftwaffe, State Secretary in the Air Ministry, Generalluftzeugmeister, representative of the Wehrmacht on the Central Planning Board, Chief of the Jaegerstab and member of the Nazi Party. He stands indicted of war crimes and crimes against humanity as defined in Control Council Law No. 10, enacted by Allied Control Council on 20 December 1945.
The indictment contains three counts which may be briefly summarized as follows:
COUNT ONE
Erhard Milch is charged with having knowingly committed war crimes as principal and accessory in enterprises involving slave labor and having also willingly and knowingly participated in enterprises involving the use of prisoners of war in war operations contrary to international convention and the laws and customs of war.
COUNT TWO
The defendant is accused of having knowingly and willfully participated in enterprises involving fatal medical experiments upon subjects without their consent.
COUNT THREE
In the third count the defendant is charged with responsibility for slave labor and fatal medical experiments, in the same manner as indicated in the first two counts, except that here the alleged victims are declared to be German nationals and nationals of other countries.
The defendant has entered a general denial of Not Guilty to all counts. To the charges of slave labor he has answered in effect—
1. That the term slave labor is a misnomer and that all foreign workmen in Germany during the war were there of their own free will.
2. That if they did not come voluntarily they were treated humanely, considerately, and were not subjected to any ill-treatment either in transportation or while actively employed for the Reich.
3. That if ill-treatment, fatal or otherwise, of foreign workmen occurred, the defendant was in no way responsible for such ill-treatment.
To the charges of responsibility for fatal medical experiments inflicted on involuntary subjects, the defendant replies substantially—
1. That the high-altitude and freezing experiments were not painful to the subjects, nor did any illegal deaths result therefrom.
2. That if fatalities did occur, they were suffered by those already condemned to death, or were caused by persons over whom the defendant had no control.
3. That in any event, Milch was in no way officially connected with the illegal and fatal experiments.
I. SLAVE LABOR (a) Methods of Recruitment
The defense has affirmatively asserted that there was no slave labor in Germany during the war, or that if it did exist, its scope was negligible. The Tribunal finds that this assertion is not supported by the testimony in the case. It concludes, on the contrary, from the evidence presented at this trial that the German Reich during World War II did actively and plenarily employ slave labor. It further is of the opinion that the Third Reich used and abused slave labor to an extent and in a manner hitherto unknown in either modern or ancient history. The exploitation of human beings by Germany during the years of the war must take its place, in point of cruelty and inhumaneness, with the most iniquitous slave practices of the ancient Egyptians, Babylonians, Assyrians, and Persians. The building of the Pyramids, the Hanging Gardens of Babylon, and other ancient landmarks under whip and lash have their modern counterpart in the German building of the Western Wall, the Gothic Line, military fortifications, concentration camps, and munitions factories. The guilt of the German Reich is greater than that of the ancient empires because in that area of antiquity the immorality of human bondage was not universally accepted, whereas in 1939 no country in the sisterhood of civilized nations had failed to condemn and outlaw involuntary servitude in its every form.
It is submitted in behalf of the defendant that foreign workers came to Germany of their own will. It is true that in the early stages of the European conflict, Germany offered such inducements in foreign countries as to persuade numbers of their subjects voluntarily to proceed to that country for remunerative employment. In those first days of Blitzkrieg when nation after nation fell helplessly under the invincible Nazi war machine, workers accepted employment in Germany not only because of promises made, but because exterior evidence to their bewildered minds seemed to portend that soon the frontiers of Germany would be coterminous with the boundaries of Europe itself. Thus, but small choice remained to them; whether they worked at home or in Germany the master was destined to be the same.
However, when the subjugated peoples perceived at Stalingrad that the unbeatable German army could be beaten, when they heard the roar of American propellers in the sky and the clank of British tanks returned once more to the battle, a light of hope gleamed that it might not be true, as Hitler had said, that his rule and order were to endure a thousand years, and then these people refused the coin and currency of the German Reich. From then on the feet of foreign workers were not turned willingly toward Germany. And in the face of this defiance, Sauckel, German Plenipotentiary for Labor, declared, “Should we not succeed in obtaining the necessary amount of labor on a voluntary basis, we must immediately institute conscription or forced labor.” (_T-58._)[160]
There is no adding machine tape to which one can turn to determine the exact total number of foreign workers impressed into German industry, but Fritz Sauckel, Plenipotentiary General for Labor, declared, “Out of 5,000,000 workers who arrived in Germany, not even 200,000 came voluntarily.” (_T-149._) Heinrich Himmler placed the number of foreign workers at from 6,000,000 to 7,000,000. (_IMT 243_)[161].
On 9 November 1941, Hitler declared in a speech—
“The territory which now works for us contains more than 250,000,000 men, but the territory which works indirectly for us includes now more than 350,000,000. In the measure in which it concerns German territory, the domain which we have taken under our administration, it is not doubtful that we shall succeed in harnessing the very last man to this work.”
Hitler was never quite able to achieve the fullness of this ambitious program, but it was not due to any relinquishment of efforts in that direction by himself or his criminal coadjutors. Of course, this program was in direct violation of Article 52 of the Hague Convention which declares—
“Requisition in kind and services shall not be demanded from municipalities or inhabitants, except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country.”
In the very initial stages of the German invasions, the officiating agents phrased their demands for labor in language which gave the recruitment an aspect of voluntary action on the part of the workers. Thus, when the German forces entered Lithuania, male and female farm workers were called upon by the military administration to sign up for six months’ employment on large estates, but after the signatures were obtained the promises were not kept. (_T-97._) And it was not long until all pretense at voluntary recruitment was abandoned and then Lithuanians, ordered to official agencies “only for registration”, were held there and taken away under military guards to the local barracks where they had neither the opportunity to bid their families good-by nor to put their most personal affairs in order. (_T-97-98._)
There were other pacific methods to “persuade” foreign workers into employment for the Reich. Thus, Governor General Frank of Poland recommended that one way to force Polish workers into Germany was to withhold their unemployment insurance. (_T-112._)
However, these genteel methods in Poland soon gave way to means more direct. Recruitment now degenerated into a fierce manhunt with unsuspecting victims being seized on the streets, in railroad stations, from their homes, even in churches. (_T-83._)
“Everybody is exposed to the danger of being seized anywhere and at any time by members of the police, suddenly and unexpectedly, and being brought into an assembly camp. None of his relatives knows what has happened to him; only weeks or months later, one or the other gives news of his fate by a postcard.” (_T-83._)
In Ukrainia skilled workers whose names had been furnished to the police by corrupted village elders were “dragged from their beds at night to be locked up in cellars until shipped.” (_T-67._) As neither the male nor the female workers were given time to gather up their belongings they often arrived at the collecting center without shoes or other adequate clothing for the long and torturing journey ahead. (_T-67._)
A directive applying to recruitment in White Ruthenia declared—
“All permissible means shall be used to obtain manpower from White Ruthenia. Do not hesitate to apply extraordinary measures.” (_T-91._)
In the same directive “the recruiters” are told, “Everything you do for Germany is right, everything else is wrong.” (_T-93._) So wide-sweeping was this recruitment drive waged by the SS and police in one area of White Ruthenia that 115,000 hectares of farm land became useless because the whole population had been removed. (_T-93._)
Goering bluntly declared in a speech at the Reich Ministry of Air on 7 November 1941, in connection with the Four Year Plan that Poles, Dutchmen, etc., were to be taken, “if necessary as prisoners of war and employ them as such, if work through free contract cannot be obtained. Strong action.” * * * “Foreigners not to be treated like German workers.” (_T-53._)
One Leyser in making a report to Rosenberg on the situation in his district of Zhitomir gives the answer to the assertion of voluntary labor when he says—
“It is certain that a recruitment of labor, in the sense of the word, can hardly be spoken of. In most cases, it is nowadays a matter of actual conscription by force. The population has been stirred up to a large extent and views the transports to the Reich as a measure which does in no way differ from the former exile to Siberia during the Czarist and Bolshevist system.” (_T-94._)
A report on recruitment measures taken in Holland reveals—
“All Jewish Netherlanders, whom the Germans could lay their hands on, with the exception of a small group of exempted persons, were brought together here; hospitals, old age homes, institutions for the blind and other disabled persons were emptied in order to concentrate the inmates in Westerbork for deportation. Even the inmates of lunatic asylums did not escape deportation.” (_T-125._)
On the subject of workers from the Netherlands, Goering said on 28 October 1943, in the presence of the defendant—
“After that has been done once, one has to modify the system for the second blow. Then the Dutch people will be no longer out in the streets on Sunday for pleasure promenades * * *. First, all the people must be brought together in a pen. Then they will be asked individually who works where. Then the men will be selected accordingly.” (_T-2094._)
And on the subject of foreign exchange at that same meeting, Goering contributed this bit of wisdom in finance—
“All we need to do is to fix the rate of exchange * * * today the German mark equals 20 francs, tomorrow 23, then 27, then 40, and so forth, up to one million, or one billion. We have had all that. The same holds true for the guilder. One cigarette now costs in Holland 1.50 guilders; formerly it cost 10 cents. I merely have to say, 1.50 guilders equal 10 pfennigs or one mark equals 15 guilders.” (_T-2095._)
It may be well to note at once that all quotations from the transcript represent excerpts from records and documents located in the official files of the German Reich. The evidence advanced by the prosecution in this case was almost exclusively documentary. Thus, if any observation in this opinion seems overly emphatic and appears to go beyond the restraint usually found in judicial pronouncements, it will still fall short of the force of language employed in some of the original reports made by German officials to their own superiors at the time of the events described. A top secret memorandum on conditions in occupied Russian territory declared—
“It is no longer a secret from friend or foe that hundreds of thousands of them literally have died of hunger or cold in our camps * * *. We now experience the grotesque picture of having to recruit millions of laborers from the occupied eastern territories, after prisoners of war have died of hunger like flies, in order to fill the gaps that are formed within Germany. Now the food question no longer existed. In the prevailing limitless abuse of the Slavic humanity, _recruiting methods were used which probably had their origin only in the blackest periods of the slave trade_.” (_T-121._)
Even Rosenberg acknowledged the severity and harshness of the recruitment program and protested, not, to be sure, on humanitarian grounds, but because “endangered persons prefer to escape their fate” by going over to guerilla bands. (_T-78._)
The fury with which the manhunt for workers was prosecuted reached such extremes that in many instances villages were burned down as “retribution for failure to comply with the demand for the appropriation of labor forces directed to the communities.” (_T-80._)
And it was not only where large numbers were demanded that savage reprisals occurred. In a little village where 25 workers had been ordered but none reported, the German militia set fire to the houses of those who had fled. Then—
“The people who had hurried to the scene were forbidden to extinguish the flames, beaten and arrested, so that seven homesteads burned down. The policemen meanwhile ignited other houses. The people fell on their knees and kissed their hands, but the policemen beat them with rubber truncheons.” (_T-80-81._)
All because the mighty Reich needed 25 men to throw into its vast workshop of millions turning out the steel teeth of war.
In the same instance the German militia continued into other villages and where they did not find the workers they seized the parents. “The workers who had not appeared until then were shot.” Then, in the report we are quoting from, appears the damning phrase which shows more than anything else to what a low ebb the dignity of man had been reduced and degraded by the German Reich. “_They are now catching humans like the dog catchers used to catch dogs._” (_T-81._) The report closes on a statement which must needs bring a blush of shame to the cheek of every member of the civilized human race—
“People from many villages went on a certain day to a pilgrimage to the monastery Potschaew. They were all arrested, locked in, and will be sent to work. Among them there are lame, blind, and aged people.” (_T-81._)
It has been asserted that the defendant and others holding high office cannot and should not be held responsible for the acts of subordinate officers in far away places, and of whose activities they could have no knowledge. But these smaller officers were only putting into effect the policies publicly declared over and over by the chieftains. Thus, when a certain Koch spoke in Kiev and declared—
“I will draw the very last out of this country. I did not come to spread bliss. I have come to help the Fuehrer. The population must work, work, and work again * * * for some people are getting excited that the population may not get enough to eat. The population cannot demand that. One has only to remember what our heroes were deprived of in Stalingrad * * *. We definitely did not come here to give out manna; we have come here to create the basis for Victory.” (_T-86._)
He was only repeating what had been said by Hitler, Himmler, Goering, and Milch, in varying forms. The defendant claims that he did not literally mean the blood and thunder declarations admittedly authored by him, and that phase of the case will be discussed in detail later. But underlings who heard these wild, inflammatory utterances did not know that Milch was only barking, if in fact we are to assume that his ferocious words were only purposeless growlings. The men in the field did not stop at words, because they were in a position to act and did act—directly on the people. Koch was not voicing a concept original with him when he said in that same speech—
“We are a master race which must remember that the lowliest German worker is racially and biologically a thousand times more valuable than the population here.” (_T-86._)
Unfortunately, however, his utterances were not confined to rhetoric, but being in a position to put them into flesh and blood effect, he did so.
Quotations from documents furnishing further proof of involuntary foreign labor in Germany are too numerous to repeat in the judgment. Reference, however, will be made to but one more before proceeding to the next item for discussion. In the recruitment of 1 million workers demanded in the Ukraine, SS Major Christensen, in charge of operations, declared that whatever harsh treatment was required should be controlled. He thus orders that in arresting communist functionaries it is no longer necessary to arrest all the close relatives of a member of the communist party. He decrees further that in searching for workers “when it becomes necessary to burn down a village, the whole population will be put at the disposal of the commissioner by force.” (_T-129._)
This is regarded as a concession, and then comes what must be classified as the most heart-rending utterance which has come out of this war—
“_As a rule, no more children will be shot._”
Not an out-and-out prohibition against shooting children; not that more care should be exercised in the handling of children; but only a general, vague suggestion that this SS battalion of murderers must not fire at children on sight just as one might mow down sparrows or rabbits. However, if the situation requires, then of course, children will be shot with everybody else, for the order goes on to say, “Slavs will interpret all soft treatment on our part as weakness.” “The most important thing,” the directive concludes, “is the recruitment of workers.” (_T-129-130._)
(b) Treatment of Workers
On 20 April 1942, Fritz Sauckel announced his labor mobilization program which contained the one supremely cruel proposition regarding treatment of foreign workers—
“All the men must be fed, sheltered, and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degree of expenditure.” (_T-58._)
After the announcement of this inhuman decree of maximum work with minimum sustenance, Sauckel followed with—
“It has always been natural for us Germans to refrain from cruelty and mean chicaneries towards the beaten enemy, even if he has proved himself the most bestial and most implacable adversary, and to treat him correctly and humanly, even when we expect useful work of him.” (_T-58-59._)
It can be imagined with what kindness an underling of Sauckel’s would treat a worker whom Sauckel has already characterized as a “bestial and most implacable adversary”.
As a result of the minimum sustenance directive it is not difficult to understand the report of a Dr. Hupe who stated—
“During the last few days we have established that the food for the Russians employed here is so miserable that the people are getting weaker from day to day. Investigations showed that single Russians are not able to place a piece of metal for turning into position, for instance, because of lack of physical strength. The same conditions exist at all places of work where Russians are employed.” (_T-55._)
Wilhelm Jager, senior camp director at the Krupp Works, reported that diet prescribed for eastern workers was 1,000 calories less per day than the minimum prescribed for any Germans. Further, that while German heavy workers received 5,000 calories a day, eastern workers in comparable jobs received only 2,000 calories. Such meat as was allowed the foreign workers was that which had been “rejected by the veterinary, such as horse meat or tuberculin infested”. (_T-103._) The clothing allowed the eastern workers was likewise entirely inadequate. They had no overcoats and, because of the shortage of shoes, many were forced to go to work barefoot even in winter. In the work camps tuberculosis was widespread among the eastern workers, caused by bad housing, insufficient and poor food, overwork and insufficient rest—
“These workers were likewise afflicted with spotted fever. Lice, the carrier of this disease, together with countless fleas, bugs, and other vermin tortured the inhabitants of these camps. As a result of the filthy conditions of the camps nearly all eastern workers were afflicted with skin disease. The shortage of food also caused many cases of Hunher-Oedem, Nephritis, and Shighakruse.” (_T-103._)
These conditions became infinitely worse, of course, during the time of air raids—
“The French prisoner-of-war camp in Nogerratstrasse had been destroyed in an air raid attack and its inhabitants were kept for nearly half a year in dog kennels, urinals, and in old baking houses. The dog kennels were three feet high, nine feet long, and six feet wide. Five men slept in each of them. The prisoners had to crawl into these kennels on all fours.” (_T-105._)
A Dr. Stinnesbeck reports on 12 June 1944—
“The PW camp at Nogerratstrasse was in most deplorable condition. The people live in ashcans, doghouses, old baking stoves, and self-made huts.” (_T-106._)
Visiting camp Humboldtstrasse, Dr. Stinnesbeck found 600 Jewish women who worked at the Krupp factory. They suffered from festering wounds and other diseases. They had no shoes and went about in their bare feet!
“The sole clothing of each consisted of a sack with holes for their arms and head. Their hair was shorn. The camp was surrounded by barbed wire and closely guarded by SS guards.” (_T-106._)
Concentration camp inmates were made to work, to which there can be no objection on the grounds of inhumanity. In fact, some useful toil is preferable to idleness in prison. But camp commanders were instructed that the “employment must be, in the true meaning of the word, exhaustive, in order to obtain the greatest measure of performance.” (_T-61._)
“There is no limit to working hours. Their duration depends on the kind of working establishments in the camps and the kind of work to be done. They are fixed by the camp commanders alone.” (_T-62._)
Certain “antisocial elements” were by special order “to be worked to death”. In the literal Gestapo language “death” was never used rhetorically or figuratively. Those who were to be killed through work were listed as “under protective arrest”. This included Jews, gypsies, Russians, and Ukrainians; Poles with more than three-year sentences; Czechs and Germans with more than eight-year sentences. (_T-63._)
In these work camps frequently children of tender age were forced to toil.
“An indication of the awful conditions this may lead to is given by the fact that in the camps for eastern workers, camp for eastern workers ‘Waldlust’, Post Office Lauf, Pegnitz, there are cases of eight-year old, delicate and undernourished children put to forced labor and perishing from such treatment.” (_T-99._)
Those who were imported for farm work fared no better than their factory brothers. A directive issued by the Ministry of Finance and Economy at Baden on the control of Polish farm workers in Stuttgart and Baden directed that farm workers were to be quartered in stables, and the employer was urged that “no remorse should restrict such action.” (_T-47._) “Fundamentally”, this extraordinary document proclaims, “farm workers of Polish nationality no longer have the right to complain, and thus no complaints may be accepted any more by any official agency.” (_T-46._)
To deprive a human being of the right to complain is in effect to classify him lower than an animal because even a beast of burden is privileged to announce his objections to harsh and cruel treatment. Nor were the Polish workers permitted the consolation and comfort in adversity which religion affords. “The visiting of churches, regardless of faith, is strictly prohibited.” The edict of the Ministry of Finance said further that this prohibition against attendance at churches even excluded the visiting of churches when no service was in progress. The visiting of theatres, motion picture shows, or other cultural entertainment also was prohibited. (_T-46._)
“Gathering of farm workers of Polish nationality after work is prohibited, whether it is on other farms, in the stables, or in the living quarters of the Poles. The use of railroads, buses, or other public conveyances by farm workers of Polish nationality is prohibited.” (_T-47._)
The difference between slave labor of this type and outright slavery is a margin faint and indistinguishable. There was no limit to the hours of work, and the employer was invested with the right, bestially inherent in the proprietorship of slave owners, to inflict corporal punishment on the worker “_if_ instruction and good words failed”. Nor was there any one to determine whether good words had failed because the “employer may not be held accountable in any such cases by an official agency.” (_T-47._)
Heinrich Himmler took a very active part in the slave labor program. Concerning commitment of manpower from the East, he laid down strict rules which, if violated, brought severe punishment. He decreed that—
“In severe cases, that is in such cases where the measures at the disposal of the leader of the guard do not suffice, the state police office has to act with its means. Accordingly, they will be treated, as a rule, only with strict measure, that is with transfer to a concentration camp or with special treatment.” (_T-53._)
We learn further on in the directive that the “special treatment” so casually referred to as if it were some slight deprivation of comfort or convenience means nothing less than hanging!
“Special treatment is hanging. Hanging should not take place in the immediate vicinity of the camp. A certain number of the manpower from the original Soviet Russian territory should attend the special treatment; at that time they are to be warned about the circumstances which led to this special treatment.” (_T-53._)
If workers sought to escape, search measures were to be decreed locally, and when caught the fugitive must receive special treatment. (_T-54._)
Heinrich Himmler was one of the most relentless pursuers of slave labor, as, of course, he was the most notorious executant of all that was inhuman, indecent, cruel, and vulgar in the entire Nazi program. Himmler does not defy description, he invites it. He stands out in the whole hideous camp of Hitler barbarians as the most savage of them all. A fiend in human shape, a monster in the clothing of man; there is no wild beast, bound only by jungle code, which, in point of honor, was not his superior; there is no slimy, maggoty larva, wriggling in the stagnancy and stench of the foulest cesspool which could be regarded his inferior. His creed was murder, his religion massacre, his belief kidnapping, his faith treachery, and his dogma oppression in every form. Only one thing mattered and that was German blood—
“What happens to a Russian, to a Czech, does not interest me in the slightest. What the nation can offer in the way of good blood of our type, we will take, if necessary by kidnapping their children and raising them here with us. Whether nations live in prosperity or starve to death interests me only insofar as we need them as slaves for our Kultur; otherwise, it is of no interest to me. Whether 10,000 Russian females fall down from exhaustion while digging an antitank ditch interests me only insofar as the antitank ditch for Germany is finished * * *. When somebody comes to me and says, ‘I cannot dig the antitank ditch with women and children, it is inhuman, for it would kill them,’ then I have to say, ‘You are a murderer of your own blood because if the antitank ditch is not dug, German soldiers will die, and they are sons of German mothers. They are our own blood.’ That is what I want to instill into this SS and what I believe I have instilled into them as one of the most sacred laws of the future. Our concern, our duty, is our people and our blood. It is for them that we must provide and plan, work and fight, nothing else. We can be indifferent to everything else.” (_T-145._)
When hundreds of thousands of Russian prisoners of war died from exhaustion and hunger, his regret was not that they died, but that it was deplorable “by reason of the loss of labor.” (_T-144._)
The defense in this case denied that foreign workers and prisoners of war were maltreated, and produced some evidence to dispute the prosecution’s contentions in this regard, we quote from the affidavit of one Albin Schirmer, a resident of Nuernberg—
“From the year 1929 onwards, I was employed by the Hercules Works, Ltd. at Nuernberg (Nuernberger Herkuleswerke G.m.b.H.), and worked there in the capacity of foreman throughout the war. The necessary workers were requested by the firm from the Labor Office. The Labor Office allocated French prisoners of war, free French, and Czech workers to the firm. The free foreign workers, who also cooperated in executing the commissions of the Luftwaffe, were treated in every respect in exactly the same way as the German workers. Some lived in furnished rooms. Some lived in a camp as it was cheaper there. Working hours, wages, ration cards, and the supplementary ration cards for workers, whose hours were long, were the same as for any German. Equally, freedom of movement during leisure hours, permission to attend theaters, churches, and cinemas, the protection of the Labor Front and of strength-through-joy, permission to visit public houses and German families were available to free foreign workers as well as to German workers. Intercourse with German girls was also permitted to free foreign workers. This, however, did not apply to prisoners of war. The sanitary installations of the firm were good, and were available for the use of foreign workers, as well as of the German workers. The prisoners of war had fixed times for taking showers whereas the free foreign workers had their showers at the same time as the Germans. The free French workers were allowed free postal communication with France, and they also went there on leave. I know of only two cases in which free French workers did not return from their leave in France.
Many French prisoners of war volunteered as free workers, in order to be eligible for the resultant advantages. Even the prisoners of war had beer sent to them every day.
During air raids, the free foreign workers played their part with devotion, a thing which they would certainly not have done if they had not considered that they were well-treated.
After the arrival of the American troops most of the French workers said good-by to me in a friendly fashion, shaking hands with me, and wishing me luck. The female workers from the Ukraine too liked it here according to their statements.”
Why should one doubt that in the vast German workshop which employed a score of millions, here and there some foreign workers were not abused but in the long run fared well? It would need to be someone wearing spectacles of pitch and groping in a Cimmerian night of prejudice and pique to assert that the German people are incapable of hospitality and generosity. The very fact that there were concentration camps in the land attests to the fact that not everybody accepted Hitler’s and Himmler’s crackpot master race ideology. However, even accepting Albin Schirmer’s affidavit at face value, it is but one little flower in a jungle of evidence establishing that only a very few foreign workers were so fortunate as to be showered with the care and comforts and allowed to revel and luxuriate in the liberties vouchsafed those who were so lucky as to be employed in the Hercules Works, Limited, at Nuernberg.
As against this idyllic picture of happiness in a powder plant or strength-through-joy in Nuernberg, there is recalled the image of the last witness at this trial. He also was a German, Joseph Krysiak, and he too worked in a war factory. In December 1940, he remarked in a conversation to some friends that if America entered the European conflict, Germany could not win. The ubiquitous Gestapo learned of his observation and he was committed to a concentration camp, from which he went daily to work at the Me [ssersmitt] 109 plant at Gusen I. His living conditions were a trifle less felicitous than those described by Schirmer. Krysiak worked twelve hours a day, he had coffee for breakfast, watery soup for lunch, and at night seven men shared a loaf of bread. If he did not reach the quota of work assigned him for the day, he was beaten. Later he was sent to another factory, and of working conditions there he said—
“We were working at Saint George, Gusen II, for twelve hours. Also, the transport to and from work and back to this camp occupied two to three hours as well, so that these people altogether had only four to five hours sleep under the worst imaginable conditions. Four people had to sleep in one bed.
“Q. Did you work seven days a week?
“A. Yes, and the day and night shift, and Sundays, too.” (_T-2366._)
When asked what effect these conditions had on the health of the workers, he replied—
“The most dreadful effect, the majority died in Mauthausen and Gusen II. It was a rule no one was released, but transports which were filled were where detainees would die.”
And as to his own particular condition, he stated—
“All I can say now is that I suffer from TB and I am medically being treated, and this is what those five years did to me.
“Q. What was your condition before going to the concentration camp?
“A. I was active in sports, and I was a long distance runner. I can say my lungs were not blemished at all.”
The shattering of this man’s health is perhaps only a small part of the disaster which has befallen him. From the witness stand he gave the impression of one who had been spiritually crushed by his five years’ ordeal. His voice faltered, his shoulders drooped, his eyes looked out into distance. He was alive, but something within him had perished. Perhaps he reflected on the tragedy that this awful thing which had happened to him had been inflicted by his own countrymen, not for opposing his country but for speaking a truth which, if listened to, could have averted not only his own ruin but the misery of millions of his brethren.
II. PRISONERS OF WAR
Article 31 of the Geneva Convention provides—
“Work done by prisoners of war shall have no direct connection with the operations of the war. In particular it is forbidden to employ prisoners in the manufacture or transport of arms or munitions of any kind, or on the transport of material destined for the combatant units.”
The Hague Convention of 1907, Article 6 provides—
“The State may utilize the labor of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war.” (_T-155._)
These prohibitions on the use of prisoners of war were flagrantly violated by the Germans in World War II. On 7 November 1941, Hermann Goering, speaking at the meeting in the Reich Ministry of Air, already referred to, declared that “it would be ideal if entire factories could be manned by Russian prisoners of war.” (_T-52._) Then, insofar as feeding these prisoners was concerned the notes of the speech report: “Food is a matter of the Four Year Plan. Supply their own food (cats, horses, etc.).” (_T-52._)
On 20 April 1942, Fritz Sauckel, Plenipotentiary General for Labor Mobilization, proclaimed that—
“All prisoners of war, from the territories of the West as well as of the East, actually in Germany, must be completely incorporated into the German armament and nutrition industries.” (_T-58._)
On 26 August 1941, the Reich Labor Ministry directed the presidents of the Regional Labor Offices as follows:
“Upon personal order of the Reich Marshal, 100,000 men are to be taken from among the French prisoners of war not yet employed in armament industry, and are to be assigned to the armament industry (airplane industry). Gaps in manpower supply resulting therefrom will be filled by Soviet prisoners of war. The transfer of the above-named French prisoners of war can be utilized only in quite large concentrated groups under the well-known tougher employment conditions.” (_T-49-50._)
In a discussion with Sauckel, the defendant, and others on the subject of manpower available for the armament industry, Goering stated on 28 October 1943, that out of 2,200,000 in armament production, 770,000 were prisoners of war. (_T-2093._)
On 14 April 1943, Sauckel reported to Hitler that “1,622,829 prisoners of war are employed in the German economy.” (_T-90._)
Noting that the utilization of prisoners of war in the war program was a very profitable enterprise for the Reich, Goering regretted that any had ever been released. However, it was a mistake easily rectified.
“I should like to see that the prisoners of war who have been released, Norwegians and so forth, be taken again. Insofar as officers are concerned, this has been done to a certain extent. It was the greatest nonsense ever committed by us and for which nobody thanks us. We have made prisoners of entire armies and we let them go again. We do not get anything from Norway.” (_T-2096._)
At a Jaegerstab meeting on 19 June 1944, it developed that 300 American prisoners of war were assigned to work at the Dornier airplane factory at Oberpfaffenhofen, but with good Yankee obstinacy, knowing their rights, they refused to work. Lange, of the Speer Ministry, complaining about this said—
“They simply sat down, drank coffee, and ate corned beef, and could not be persuaded to work in spite of threats of shooting. Now, the question has been asked if we should not start a shooting action.” (_T-2102._)
And the only reason they were not shot is that the Fuehrer feared reprisals.
III. PARTICIPATION OF MILCH IN THE SLAVE LABOR PROGRAM
It was not contended by the prosecution at the trial that the defendant was aware, nor would it have been physically possible for him to have had knowledge, of all the excesses, inhumanities, and illegalities encompassed in the far-flung slave labor program which spread its cruelties into practically every part of Europe. However, its very bigness and the great production power which it generated in every department of the German war plant negates the defendant’s position that he was utterly ignorant of its existence. This opinion has gone to some length in pointing out the numbers involved in the compulsory work program, and the heinousness of some of its operations, and has quoted from official decrees promulgated in its unfoldment, not only for the purpose of demonstrating the basis for condemning the whole illegal enterprise, but also for the purpose of laying the foundation for consideration of Milch’s responsibility in this phase of German war guilt.
On 23 May 1939, Hitler outlined his plans for war to his fourteen most trusted and important military chieftains. Milch attended that then secret, and now notorious, conference. Hitler there said, “The population of non-German areas will perform no military service and will be available as source of labor.” (_T-37._) This statement is taken from the memorandum made by adjutant Lieutenant Colonel Schmundt, who was present and preserved a drastically condensed record of the speech for the Reich files. The accuracy of the Schmundt record was attacked in the IMT trial and came under fire here. The defendant goes so far as to conjecture that the Schmundt statement was prepared months, perhaps even a year, after Hitler’s speech, and was intended to demonstrate Hitler’s uncanny and possibly supernatural powers of prophecy by the undeniably sure method of writing up the prophecy subsequent to the happening of the event predicted. The memorandum obviously is not definitely precise because it consists of only ten pages whereas the speech lasted four and one-half hours. As the memorandum manifestly cannot be complete, neither can human recollection (unaided by notes) be infallible. Milch, who made no notes at all, testified that labor was not mentioned in the speech, but Admiral Schniewind, also present, and who testified in court, stated that he did not exclude the possibility that labor was discussed. (_T-1326._)
In any event, whether Hitler did or did not mention labor in his utterances of that day is not so important as it is that Milch was present when Hitler made crystal clear his intentions to attack Poland, and, if it became necessary or expedient, to fight other countries as well, with the inevitable subjugation of the conquered peoples. Slave labor was an inescapable concomitant of the type of total war Hitler intended to wage, and the character of which Milch could not fail to appreciate.
As a field marshal in the German Reich, Milch could not ignore the existence of Sauckel’s proclamation on 20 April 1942 that “the raw materials as well as the fertility of the conquered territories and their human labor power are to be used completely and conscientiously to the profit of Germany and her allies.” (_T-57._)
But in the evaluation of Milch’s criminal responsibility for Germany’s use of slave labor something more is needed in a court of law than presumptions of his assumed general knowledge of what was taking place. It must be established that he, himself, participated in the slave labor enterprises, or knowing that such illegal practices were being committed, he, having the power to do so, made no effort to curb or halt them. The prosecution contends that the defendant, as a member of the Central Planning Board and of the Jaegerstab, and as Generalluftzeugmeister (Aircraft Master General), was thoroughly cognizant of Sauckel’s program and that he, Milch, actively participated in slave labor practices.
(a) Central Planning Board
The Central Planning Board was made up of three members, Speer, Milch, and Koerner, each having equal authority, although, as it developed, Speer and Milch dominated the proceedings. The function of the Central Planning Board in the main was the distribution and allocation of raw materials necessary for the entire conduct of the German war economy, the planning of intended construction or enlargement, and the systematization of transportation industry independent of the shortage of raw materials. During the war this Board had 60 meetings and much time was given to consideration of the manpower problem confronting the various departments in the huge German war workshop. Sauckel often appeared before the Central Planning Board to report on the foreign labor situation. Various other officials came before the Board to express their needs in connection with foreign workers. Milch often presided at these meetings. He was absent on several occasions but all quotations from the minutes of the Central Planning Board meetings, cited in this opinion, are from meetings where he was present, and he is therefore chargeable with knowledge of their contents.
Wehrmacht representatives were often in attendance at the Central Planning Board meetings, and on 25 July 1944, Field Marshal von Kluge, Commander in Chief West, issued an order on labor recruitment—
“As the only limitation, the Fuehrer has ordered that no forcible means shall be employed against the population in the actual combat area as long as it shows itself prepared to assist the German Armed Forces. However, recruiting of volunteers from among refugees from the combat zone is to be carried out vigorously. Moreover, every means is justified to seize as much labor as possible, apart from the powers granted to the armed forces.” (_T-271._)
It will be noted that the Fuehrer orders that forcible means shall not be used if the population assists. This is comparable to saying that the armed robber is thoroughly peaceful in his intentions because he will not shoot if the victim surrenders his valuables voluntarily.
The proof in this case that foreign workers were brought into Germany against their will generally does not come from them, but almost exclusively from their abductors. At one of the meetings of the Central Planning Board, Mr. Timm, representing the Plenipotentiary General for Labor, reports that they are encountering resistance to recruitment—
“In all countries we have to change over more or less to registering the men by age groups and to conscripting them in age groups. They do appear for registering as such, but as soon as transport is available, they do not come back so that the dispatch of the men has become more or less a question for the police. Especially in Poland the situation at the moment is extraordinarily serious. It is well known that vehement battles occurred just because of these actions.” (_T-197-198._)
The word “recruitment” will be used in this opinion not in its literal sense of voluntary enlistment, but in the broad sense of both voluntary and involuntary gathering up of workers.
It is the contention of the defense that Milch had nothing to do with the actual recruitment. It is, of course, true that he did not go into France, Italy, Hungary, Russia, and other countries, to physically rope the workers and drag them into Germany, but is the guilt any less if one sits back in his office and signs the order which casts the uncoiling rope for the far-reaching lasso?
Goering, in an interrogation conducted 6 September 1946, stated that after the death of Udet it was Milch, as Chief of Supply for the air forces, who put forward the needs of the Luftwaffe for workers. The requests were forwarded to Speer, and Speer would ask Sauckel for the workers for the entire armament branch. Sauckel, on 24 September 1946, made a very important declaration in an affidavit on the part Milch played in the matter of obtaining workers—
“Milch produced the figures for aviation. The same was done by Speer in his sphere of activity. Speer and Milch, however, also exerted influence on the allocation of workers. How far this came within their capacity as members of the Central Planning Board I cannot say; in any case they did this in their ministerial capacity.” (_T-281._)
Thus, if Milch knew how workers were actually being recruited, how they were being transported, and to what they were being transported, he cannot claim exoneration in the assertion that he did not take them in hand personally. And, if this knowledge is established, then he, when he asked for workers, was, in effect, consigning foreign workers to the suffering and torture of which he had cognizance. Behind each requisition for foreign labor there shone the inevitable backdrop of the lurid scenes of labor camps with their “special treatment,” disease, vermin, starvation, whipping, illness, and death.
On 8 April 1943, Milch wrote Sauckel and Goering, announcing that in certain sections he had proclaimed an 84-hour week in the air force industry. (_T-196._) The defendant has explained that this applied only to those engaged in guard work. Witness Krysiak testified that he worked 84 hours a week.
At the 1 March 1944 meeting of the Central Planning Board, Sauckel particularly addressed himself to Milch who was presiding, and said—
“Thereupon I even proceeded to employ and train a whole batch of French male and female agents who for good pay, just as was done in olden times for ‘shanghaiing’, went hunting men and made them drunk by using liquor as well as words, in order to dispatch them to Germany.” (_T-228._)
As evidence that he was encountering difficulty in obtaining foreign workers, Sauckel pointed out that several dozen of his very able labor executive officers were shot. (_T-228._) In France he wrung from Laval the concession “that the death penalty be threatened for officials who tried to sabotage the labor supply.” And then he adds that “if the Frenchmen despite all their promises do not act, then we Germans must make an example of one case, and by reason of this law, if necessary put Prefect or Burgomaster against the wall.” (_T-232._)
It is a long speech which Sauckel makes, and then Milch replies, analyzing in his turn the foreign labor question. He complains bitterly that more men have not been called up from France—
“Four whole age groups have grown up in France; men between 18 and 23 years of age, who are therefore at that age when young people moved by patriotism or seduced by other people are ready to do anything which satisfies their personal hatred against us—and of course they hate us. These men ought to have been called up in age groups and dispatched to Germany; for they present the greatest danger which threatens us in case of invasion.” (_T-236._)
“If one had shown the mailed fist and a clear executive intention, a churchyard peace would reign in the rear of the front at the moment the uproar starts. This I have emphasized so frequently, but still nothing is happening, I am afraid.” (_T-237._)
When Sauckel complains about the trouble he is having in getting workers from Italy, Milch recommends—
“We could take under German administration the entire food supply for the Italians and tell them, only he gets any food who either works in a protected factory or goes to Germany.” (_T-240-241._)
When on another occasion one Kehrl declared that it would be difficult to control the food situation in France because food was delivered by parcel post, Milch made the extraordinary pronouncement, “I personally as military commander would confiscate all goods sent by parcel post.” (_T-295._)
The Tribunal has not been shown any statement wherein the defendant advocated that foreign workers be induced to come to Germany by offering them good wages, good working conditions, pensions, security, and the usual attractions held out to prospective employees. When he speaks on the importation of foreign workers it is invariably in an aggressive and domineering manner. At the 54th meeting of the Central Planning Board, held on 1 March 1944, he explained that force had to be exercised because there was nothing to attract the workers to Germany since they believed that Germany would soon be defeated, and furthermore they were attached to their families and their own countries. A very cogent observation indeed.
Speaking on the French situation, he said—
“Even if Bichelonne and Laval have the best intentions there will be resistance from the mayors, the gendarmes, and the prefects, just because these people are afraid that firstly, they will be called to account afterwards for this affair, and secondly, because of their national point of view, which makes them say, ‘We must not work for the enemy of our country.’ Therefore I would like to have an authority in our administration which would force these people to do it, because then the French could say, ‘If you force us, we will do it, but voluntarily we will not do it.’ The same applies to Italy.” (_T-292-293._)
Once the transportation of workers got under way it was not always certain that they would all arrive. Aside from the unsanitary conditions under which they travelled, frequently without food and in the wintertime without heat, many in desperation escaped. To offset these defections en route, Milch recommended—
“If a transport has left a town and has not arrived, 500 to 600 persons from this place must be arrested and sent to Germany as prisoners of war.” (_T-294._)
The defense has asserted many times that the foreign workers were not all treated as badly as the prosecution’s evidence might indicate. It is unquestionably true that not all foreign workers were starved and tortured, because if this were so they could not have worked at all, and the German war machine would have ground to a stop long before the spring of 1945. Thus, there is no reason to disbelieve the statement made at one of the Central Planning Board meetings—
“The performance of the Soviet Russians so employed is to be raised by a premium system. For this purpose, the ban on pay restrictions is to be lifted and the manager be allowed to distribute among the workmen, according to his duty and discretion, RM 1 per head per day as premium for particular services rendered. Furthermore, care will be taken, that workmen can exchange these premiums, which will be paid out in camp money for goods. It is intended to put at their disposal various provisions—beer, tobacco, cigarettes and cigars, small items for daily use, etc.” (_T-219._)
If the defendant has much to explain in this case it is principally because of declarations made by himself. On 16 February 1944 at a meeting of the Central Planning Board, he announced that the armament industry employed foreign workmen to the extent of 40 percent, and that in maximum production the foreign workers prevailed to the extent of 95 percent and higher. He said further that the Germans’ best new engine was made 88 percent by Russian prisoners of war and the other 12 percent by German men and women. “Only 6 to 8 German men are working on this machine. The rest are Ukrainian women who have beaten all the records of trained workers.” And yet, despite this apparently creditable performance on the part of foreign workers, he complains bitterly—
“The list of the shirkers should be entrusted to Himmler’s trustworthy hands who will make them work all right. This is very important for educating people and has also a deterrent effect on such others who would likewise feel inclined to shirk.” (_T-223._)
When Milch recommends entrusting anyone to Himmler’s “trustworthy hands”, the world well knows how bloody and homicidal those hands were.
The charges of maltreatment of foreign workers leveled against Milch could be taken almost literally from his own words—
“It is, therefore, not possible to exploit fully all the foreigners unless we compel them by piece work or we have the possibility of taking measures against foreigners who are not doing their bit. But, if the foreman lays hands on a prisoner of war or smacks him there is at once a terrible row, the man is put into prison, etc. There are sufficient officials in Germany who think it their most important duty to stand up for human rights instead of war production. I am also for human rights. But if a Frenchman says, ‘You fellows will all be hanged and the chief of the factory will be beheaded first,’ and if then the chief says, ‘I am going to hit him’, then he is in a mess. He is not protected. I have told my engineers, ‘I am going to punish you if you don’t hit such a man; the more you do in this respect the more I shall praise you. I shall see to it that nothing happens to you.’ This is not yet sufficiently known. I cannot talk to all factory leaders. I should like to see the man who stays my arm because I can settle accounts with everybody who stays my arm. If the little factory leader does that he is put into a concentration camp and runs the risk of losing the prisoners of war. In one case two Russian officers took off with an airplane but crashed. I ordered that these two men be hanged at once. They were hanged or shot yesterday. I left that to the SS. I expressed the wish to leave them hanged in the factory for the others to see.” (_T-223-224._)
On the stand Milch denied that he had anything to do with the fate of the two Russian prisoners of war mentioned above. He further claimed that his reference to this episode was made at another meeting (a GL meeting), and that possibly the two stenographers got their notes confused. The defense also introduced affidavits to the effect that Milch was in no way implicated in this happening and that if the two Russians were executed, the execution was performed by shooting and not by hanging. It is probably true that Milch did not order the hanging of these men, but did author the remarks attributed to him because they are in keeping with his many other admitted and proved statements.
Did Milch know that prisoners of war were being used in violation of international convention, and the laws and customs of war?
On 6 March 1944, Milch, Speer, General Bodenschatz, and Colonel von Below conferred with Hitler. Hitler was informed of the Reich Marshal’s wishes for the further utilization of the production power of prisoners of war, by giving the direction of the Stalags to the SS. The Fuehrer considered the proposal good, and asked Colonel von Below to arrange matters accordingly. (_R-124, p. 168._)
At the 42d meeting of the Central Planning Board, held on 23 June 1943, the intensive discussion on labor needs seemed to settle on the use of Russian prisoners of war as the solution to the problem. It was recommended that the Fuehrer be advised that 200,000 Russian prisoners of war, fit for the heaviest work, should be made available from the Wehrmacht and Waffen SS through the intermediary of the Chiefs of the Army Groups (_T-218._)
However, Milch’s participation in the illegal use of prisoners of war is not confined to his knowledge that it was being done. At the meeting on 30 October 1942, Sauckel suggested that as soon as the army took prisoners in operational territories they should be immediately turned over to him as Plenipotentiary for Labor. Instead of objecting to this procedure as contrary to international law, Milch added—
“The correct thing to do would be to have all Stalags transferred to you by order of the Fuehrer. The Wehrmacht takes prisoners and as soon as it relinquishes them, the first delivery goes to your organization. Then everything will be in order.” (_T-176._)
Nothing can be more precise and definitive in international law than that prisoners of war may not be compelled to fight against their own country. But Milch treats this matter rather lightly at one of the meetings of the Central Planning Board—
“We have made a request for an order that a certain percentage of men in the antiaircraft artillery must be Russians. Fifty thousand will be taken altogether; 30,000 are already employed as gunners. This is an amusing thing that Russians must work the guns.” (_T-192._)
On this statement the defendant has various explanations. One, that the German word which has been translated into “amusing”, should really have been rendered “mad”. Thus, it is a mad thing to make Russian prisoners work guns against their own allies. In support of this interpretation Milch argues that since he needed these prisoners in his armament program, he could not have approved their use as gunners. He then also denies that they were in fact used as gunners, and if they were, he was not responsible for the deed. But other witnesses called by the defense clearly established that the Russian prisoners were stationed at the guns, either for servicing the pieces, hauling ammunition to them, or actually firing them. It is clear that the Russian prisoners were utilized at the guns and that this type of use of prisoners of war represents an extreme violation of the laws and customs of war.
It has been argued by the defense that since Russia had denounced adherence to the Geneva Convention, Germany was not compelled to treat Russian prisoners with the limitations laid down in that convention. German Admiral Canaris on 15 September 1941, in a memorandum of counsel to the German High Command, declared that despite Russia’s attitude on the Geneva Convention her prisoners were yet entitled to immunities guaranteed under the rules and customs of war—
“The Geneva Convention for the treatment of prisoners of war is not binding in the relationship between Germany and the U.S.S.R. Therefore, only the principles of general international law on the treatment of prisoners of war apply. Since the 18th century these have gradually been established along the lines that war captivity is neither revenge nor punishment, but solely protective custody, the only purpose of which is to prevent the prisoners of war from further participation in the war. This principle was developed in accordance with the view held by all armies that it is contrary to military tradition to kill or injure helpless people * * *. The decrees for the treatment of Soviet prisoners of war enclosed are based on a fundamentally different viewpoint.” (_IMT 222._)
Admiral Canaris’ position was entirely correct and in accordance with accepted international law. In the episode of the Russian gunners adverted to by Milch, he could not help but know the physical facts and could not escape being aware that such use of prisoners of war violated international law. His responsibility here is unequivocal.
On 25 March 1944, the defendant complained that prisoners of war were not being treated with sufficient severity—
“If a decent foreman would sock one of those unruly guys because the fellow won’t work, then the situation would soon change. _International law cannot be observed here._ I have asserted myself very strongly, and with the help of Saur I have represented the point of view very strongly that the prisoners, with the exception of the English and the Americans, should be taken away from the military authorities. The soldiers are not in a position, as experience has shown, to cope with these fellows who know all the answers. I shall take very strict measures here and shall put such a prisoner of war before my court martial. If he has committed sabotage or refused to work, I will have him hanged, right in his own factory. I am convinced that that will not be without effect.” (_T-249._)
When a German field marshal, speaking to men subordinate in rank, declares that “international law cannot be observed here”, it can only mean to those under his command that in the execution of their duties, international law should go overboard and, thus being unlimited in their treatment of prisoners of war, the rights of the prisoners of war must sink also.
Defense counsel insists that Milch had, as a matter of fact, a mild and lenient disposition. Testimony was introduced to show that on several occasions when he sat on courts martial, his judgments were tempered with mercy. Note will be taken of this occasional yielding of an apparently implacable and unyielding spirit, but one must also remark the incongruity that one who, in his references to foreign workers and prisoners of war, had constant harshness on his lips, could have possessed in his make-up no harshness at all. In one of his speeches he complains because the workers collapsed, and that they receive a furlough of three or four days every eight weeks. This he calls “dirty business of the first order, and treason to the country!” (_T-249._)
Then he adds—
“I further ask for support by the Luftwaffe physicians. With all the rabble that we have among the foreign workers, there is of course a lot of shirking. At the moment the Russians—that is, the Russian prisoners of war—are feigning a lot of fatigue and illness. The incidence of sickness of one and a half to two percent which we have had up to now has at least doubled and in some factories it has been increased to eight, nine, and ten percent. That is, of course, done by previous agreement. There the official physicians, who have to be very strict, find out that it is not true, and then we return the fellows to work by means of the whip. Then the whip serves as a cure.” (_T-250._)
Recommending the employment of so merciless an instrument as a whip can hardly be regarded as evidence of a mild disposition. Then he says—
“Let everyone consider that if he does not do his duty, we do not ask whether there is a law; we ask only whether he is the responsible one and then we will seize him no matter who he is * * *. Please go wherever you are going and knock everybody down who blocks your way! We cover up everything here. We do not ask whether he is allowed to or whether he is not allowed to. For us, there is nothing but this one task. We are fanatics in this sphere. We do not even consider letting anything at all distract us from that task. No order exists which could prevent me from fulfilling this task.” (_T-251._)
Then comes the outburst which is an out and out defiance of all law—
“Gentlemen, I know that not every subordinate can say, ‘For me, the law no longer exists,’ but he has to have someone who covers up for him, not out of cowardice. But if you act according to the spirit of the old field service regulation, ‘Abstaining from doing something hurts us more than erring in the choice of the means,’ and if, moreover, you keep in touch and immediately clarify difficult points, so that something can be done, then we are willing to accept the responsibility, whether this is the law or not. I see only two possibilities for me and for Germany. Either we succeed and thereby save Germany, or we continue these slipshod methods and then get the fate that we deserve. I prefer to fall while I am doing something that is against the rules but that is right and sensible, and be called to account for it, and if you like, hanged, rather than be hanged because Papa Stalin is here in Berlin, or the Englishmen. I have no desire for that. I would rather die in a different way. But I think we can accomplish this task, too. We are in the fifth year of war. I repeat, the decision will come during the next six weeks!” (_T-251-252._)
(b) Jaegerstab
We now come to a consideration of the Jaegerstab, formed on 1 March 1944, for the purpose of increasing production of fighter aircraft to meet the incessant and ever increasingly effective bomber attacks of the Americans and British which had seriously damaged the entire airplane industry in Germany. Every airplane factory with the accessory workshops had been hit at least three times. The Jaegerstab became essentially a concentration of experts drawn from various ministries. Its programs envisaged a decentralization of plane factories by transferring them in part to above-surface localities and in part to subterranean localities. Milch and Speer were joint chiefs of the Jaegerstab, and Karl Adolph [Otto] Saur functioned as Chief of Staff. SS Obergruppenfuehrer Kammler had supervision of the construction program. So far as this trial is concerned, we are interested in the work of the Jaegerstab only to the extent that it involves employment of foreign labor and prisoners of war. Did the Jaegerstab employ labor prohibited under international law, and if so, can Milch be held responsible for such illegal use?
In order to resolve this question we must review the documents submitted in evidence.
On 6-7 April 1944, Milch and Saur reported to Hitler on the achievements, up to that time, of the Jaegerstab and discussed with him the plans for further construction on a second work project. Hitler declared that he desired this project be set up in the Protectorate and, at this point, the minutes read, “If it should prove impossible there too to get hold of the necessary workers, the Fuehrer, himself, will contact the Reichsfuehrer SS and will give an order that the required 100,000 men are to be made available by bringing in Jews from Hungary.” (_T-318._) Here Milch is put directly on notice that forced labor is being contemplated.
Fritz Schmelter, director of the Central Department for Employment and Distribution of Labor, and because of that a member of the Jaegerstab, declared in an affidavit on 9 December 1946, that Kammler utilized concentration camp prisoners placed at his disposal by the SS in order to carry out his share of the Jaegerstab construction program. Also, that Xaver Dorsch of the Todt Organization used foreign workers, part of whom were Hungarian Jews, to accomplish his part of the Jaegerstab construction program. Then Schmelter states, “Milch, as one of the two responsible chiefs of the Jaegerstab, personally directed, ordered or approved decisions made in the interests of Jaegerstab undertakings.” (_T-322._)
On 13 November 1946, Saur, Chief of Staff of the Jaegerstab, declared in an interrogation that in the decentralization program Kammler divided 30 factories into 700 individual workshops, and that the workers used in the project were concentration camp prisoners. (_T-323._)
Speer, in an interrogation made shortly after his capture, declared that Hungarian Jews were used in the building program. (_T-325._)
At one of the Jaegerstab meetings, presided over by Milch, Stobbe-Dethleffsen, in discussing the matter of labor needed for the Jaegerstab program, requests a few German key personnel to supervise the concentration camp inmates “with the other _subjugated people_.” (_T-328._)
At a Jaegerstab meeting on 6 March 1944, a Sturmbannfuehrer of the SS declared he had 5,000 prisoners in readiness for work, but needed 750 guard personnel. To this statement Milch commented, “We must distribute our German people as key personnel. That is, out of three construction companies we can probably make ten complete ones by introducing 70 percent foreigners.” (_T-331._)
At a meeting on 2 May 1944, Kammler, in Milch’s presence declares he had 30 men hanged—
“As usual it is because the people have noticed that they are no longer treated severely enough. I had 30 people hanged as a special measure. Since they were hanged, everything has been to some extent in order again. It is the same old story, whenever people notice that they are not being treated so severely as before, they take all sorts of liberties. It is not surprising that a normal soldier, standing guard on people who were previously always harmless, does not suspect anything of the kind. They are not, however, harmless people.” (_T-333-34._)
The minutes of the meeting do not indicate that Milch in any way protested Kammler’s deeds and utterance, although at the trial he doubted that Kammler had actually hanged 30 people as he had stated.
Although Milch was not present at the meeting on 25 May 1944 of the Jaegerstab, he approved the minutes of that meeting which revealed a discussion among Schmelter (labor expert for Jaegerstab), Schlempp (deputy of Jaegerstab) and Lange, in charge of machinery for Jaegerstab.
Schmelter said—
“The Hungarian Jews are expected now, and they will require some kind of key personnel. Altogether I need about 250,000 construction workers for the large bunkers and for Schlett’s installations.” (_T-334._)
To this Lange remarked—
“You can get them all in Hungary. There are still Jews running about Budapest.” (_T-334._)
It is to be noted that Lange uses phraseology that one would employ in speaking of dogs or other animals. There are still dogs running around Budapest. There are still Jews running about Budapest.
At the meeting on 26 May 1944, Schmelter reported that two transports of Hungarian Jews had arrived at the SS in Auschwitz, but that they consisted primarily of children, women, and old men. Kammler then declared that he had conscripted his own men by taking 50,000 people into protective custody.
Schlempp, in outlining Dorsch’s needs for labor, states—
“Dorsch said yesterday that he wanted to bring 100,000 Jews from Hungary, 500,000 Italians,[162] 10,000 men from bomb damage repair, also 1,000 from Waldbrohl; then he wanted to get something from Greiser’s zone by negotiation, then 4,000 Italian officers, 10,000 men from south Russia, and 20,000 from north Russia. That would be 220,000 altogether.” (_T-335-36._)
As early as 20 March 1944, we find Chief of Staff Saur asking Milch to inform Sauckel that the group mobilization in Hungary must be placed primarily at the disposal of the Jaegerstab. “Large, heavy labor companies must be formed. The people have to be treated like the prisoners. Otherwise it won’t work.” (_T-342._)
In the face of all these uncontradicted documents and stenographic records of meetings, it would be fatuous for anyone to say that Milch was unaware that forced labor and prisoners of war were being used in the Jaegerstab construction program.
However, there is more than this passive evidence. Milch, himself, contributes the positive evidence of his full knowledge of and unrestrained participation in the Jaegerstab slave labor activities.
On 25 April 1944, he said—
“It will only work if we put these workers into barracks. We cannot exactly treat them as prisoners. It must appear otherwise, but it must be so in practice. * * * I am personally convinced after talking to the Fuehrer that he will agree as soon as it is made reasonable. The people should not be able to mingle with the population and to conspire. Nor should they be allowed to run around free, so that they can cross the frontier every day. Both practices must be stopped. * * * I am of the opinion that that must be done at once. It’s all the same to me if individual people do object. Protest does not interest me at all, whether from the Chief of Prisoners of War Affairs or from our side. Kleber, would you be so good as to take care of this?”
KLEBER: “As far as prisoners of war are concerned I can take care of it, but not where it concerns the air force. That must be handled separately.”
MILCH: “Naturally. This must be handled by us. There was, in fact, another proposal but we do not want it. Otherwise someone else will come complaining.”
KLEBER: “I should like to transfer the prisoners further off to Brunswick.”
MILCH: “I think it is an excellent idea for the prisoners to go there if Brunswick continues to be attacked.” (_T-356-57._)
Article 9 of the Geneva Convention of 1929 provides—
“No prisoner of war may be sent to an area where he would be exposed to the fire of the fighting zone.”
At the 4 May 1944 meeting, Saur reported that the Jaegerstab itself, independent of Sauckel, had organized an expedition for the procuring of workers in Italy. On 5 May 1944, Schmelter reported that the Jaegerstab transport from Italy had been delayed because of the lack of guards, whereupon the defendant said—
“Is there someone at the escort detachment headquarters in Italy responsible for seeing that people do not get out and run away during the journey? That is what the escorting personnel is there for. Someone of standing? Dr. Wendt is responsible for the whole undertaking. I am of the opinion that, if anyone jumps out, he should be shot; otherwise a thousand will get on and only twenty will arrive there. The gendarmerie and all military posts must look out for those who abscond on the journey. They will be arrested at once and will appear before a court martial.” (_T-349-50._)
At a conference held on 22 February 1944, one Rautenbach says—
“That refers to Wernigerode. In Solingen we had the best results with Frenchmen and the worst with Italians, meaning the Italian workers and not the prisoners of war. For that reason we do not employ any Italians here in Wernigerode. They are only 50 to 60 percent efficient.” (_T-2180._)
And the defendant then remarks—
“Could not the following be done; give the Italians in principle only half of their food rations, letting them earn the other half when they do their work well?” (_T-2181._)
It is obvious that, as one of the chiefs of the Jaegerstab, the defendant actively, willingly, and knowingly countenanced, ordered, and participated in slave labor practices and the use of prisoners of war in activities prohibited by international law. Aside from his other statements, the one made on 13 June 1944, where he advocates the exportation from France of machinery and men would, in itself, be enough to convict him of such participation.
“We must write off these areas in France completely, and above all the factories which are situated further into the country towards the south and west. For when the invasion begins, the guarding neither of a stretch of land, nor of a line will be possible, nor will anything function because of sabotage * * *. No Frenchman will work when the invasion begins. I am of the opinion that the French should be brought over again by force, as prisoners.”
SAUR: “I should prefer to do it sooner.”
LANGE: “We have machines there too, in particular the presses.”
MILCH: “Everything must come out; machines and men.” (_T-358._)
The Jaegerstab functioned from 1 March 1944 to 1 August 1944 and then it expanded into the Ruestungsstab. When the Jaegerstab concluded its efforts a report was made to the Fuehrer, which declared that Jaegerstab had, in spite of air attacks, doubled its aircraft production. (_T-360._)
(c) Generalluftzeugmeister
In his capacity as Generalluftzeugmeister, Milch held periodical meetings and conferences in connection with the Luftwaffe armament production. Labor, its procurement, disposition, and treatment, was inevitably a subject for frequent discussion, and in these discussions Milch portrayed himself an intransigent, implacable taskmaster, uninhibited neither by law nor custom, and unrestrained by moderation or regard for the helpless vanquished.
At one of these meetings on 5 May 1942, presided over by the defendant, one Fridag reported—
“The French become worse and worse. I threw out 80 of them who will be sent to concentration camps in Russia. They refused to work. The French say at 4 o’clock: ‘I won’t work another hour’, and you cannot make them work another hour. This happened four weeks ago all of a sudden when the first bombing attack on Paris took place, while before that the French were the best people.” (_T-2106._)
The fact that the bombardment of the beloved Paris of these Frenchmen would naturally emotionally disturb them was not weighed or considered by the defendant in spite of the fact that Frydag had reported that prior to the bombardment they had been excellent workers. Implacable and unyielding as some story book pagan god, the defendant turns to von Gablenz, Chief of the Planning Office, and declares—
“I demand if the people refuse to work they immediately be placed against the wall and shot before all the other workers.” (_T-2107._)
Further—
“I ask you to get in touch with the Reich Fuehrer SS [Himmler] and to ask him to discuss the matter with the Fuehrer. Now is the right time; unless we do something effective now, the others will become bothersome. I ask that their being sent to concentration camps be taken into consideration too. I will tell you afterwards how you should act in such a matter.” (_T-2107._)
Later, on 7 July 1942, he indicated a willingness to try more peaceable methods, but if they did not succeed, then—
“I intend to fill the new Heinkel Plant in the East entirely with Frenchmen brought down there by force. If they don’t work in France, they may work as prisoners in Poland. After all, we have to remember that it is we and not the French who have won the war.” (_T-2116._)
On 28 July 1942 we find him again complaining about French production—
“At the present time we receive six to nine planes from the French. I could well imagine that they would get out 45 for themselves. I shall close up the shop with a single stroke and have the workers and the machines come to Germany. If it does not work on a voluntary basis, then we do it by compulsory contracts. Perhaps I shall first give them a week to think it over. It is a fact that, on the whole, these people work in silent opposition. One cannot blame them for it either, it is true, but they should not have started the war.” (_T-2117._)
In this outburst we discover two strange utterances. One, “compulsory contracts”, and the other the statement that the French started the war. Since the word “contract” means a willing agreement between two or more people, a “compulsory contract” is, of course, meaningless because one cannot be forced into a contract. If there is any compulsion, then the operation becomes a matter of outright coercion. With regard to the French starting the war, the defendant had the grace to state during the trial that he now knows that France did not initiate hostilities, although he believed to the contrary at the time.
The defendant has declared repeatedly that he had no connection with, or even knowledge of, concentration camps. He only visited one of them (Dachau) in 1935. At the end of the war he was aware of the existence of but two concentration camps, although 200 were flourishing in all their ghastliness at the time. Yet despite this blissful ignorance of concentration camps the phrase rippled easily from his tongue. At the same meeting above-mentioned he stated that if two certain individuals, Schneider and Bergen, “make difficulties” he would put them into a concentration camp for the duration of the war (_T-2118._)
When one Petersen, on 30 November 1942, spoke of obtaining 500 men from a concentration camp, Milch said, “For this purpose we should come to an agreement with Himmler.” (_T-2148._)
On 27 April 1943, when one Stahms indicated that concentration camp inmates are almost 3,000 strong, Milch declares that against a withdrawal of 3,000 foreign workers from the Luftwaffe industry, he attached importance to the assignment of these 3,000 concentration camp inmates to the Luftwaffe. (_NOKW-413._)
At the GL meeting of 4 August 1942, someone reported that the French might strike in the event of a British attack. This provoked Milch into the thunderous outburst—
“In such a case I would ask to be appointed military commander myself. I would band the workers together and have fifty percent of them shot; I would then publish this fact and compel the other fifty percent to work by beating if necessary. If they don’t work, then they, too, will be shot. I would get the necessary replacement somehow. But I hope the military commander will do his duty. I’m not worried about it. The word ‘strike’ must never be used. For us there is only ‘living or dying’ but not ‘striking’. That goes for the educated man as well as for the worker, for the German as well as for the foreigner. The word ‘strike’ means death for the man who uses it.” (_T-2121-2122._)
On this quotation in court the following colloquy occurred between a member of the Tribunal and the witness [Milch]:
JUDGE MUSMANNO: Curiosity consumes me as to what would happen if an officer inferior in rank to yourself took you at your word and actually executed a number of these workers or prisoners of war. Would that officer then be punished?
THE WITNESS: No one was there who would have been in a position to do so. Apart from that, all those who were under my orders knew me and my way of handling things. They knew exactly that I didn’t mean it the way I said it, and apart from that they always laughed about my remarks when I used such strong words.
JUDGE MUSMANNO: In other words, the comment of a field marshal in a matter of this seriousness was really of no value?
THE WITNESS: Because the people knew that I got excited very easily about certain things, and these incidents here have been selected and submitted of course. From every one of these meetings, which took place twice a month, there was a report—about this thick—and perhaps, at some time or another, sometimes once, sometimes twice, due to the many reports which I received, there was a certain outburst, and then I would lose my temper as we soldiers used to. However, I didn’t intend to do anything about it and I spoke to those under my orders once in a while. They pointed out to me that I used such strong words, and they knew exactly that this was not meant seriously. They knew exactly that no such order had been given and that I myself would never cause anybody to be punished, not even when it would have been justified, for the very simple reason that I did not have the power to give punishments. (_T-2124-2125._)
Then Judge Phillips inquired—
JUDGE PHILLIPS: Well, now, whether you meant it or not, you would say these things, and by so doing you counselled and advised others under you at a meeting which you presided over to do such things. Whether you meant it or not, you did that, didn’t you?
THE WITNESS: No. I never gave the order by using these words, because my people spoke with me, and after all they knew from my words that I never meant it earnestly.
JUDGE PHILLIPS: Didn’t you say, ‘I would band the workers together and have fifty percent of them shot? I would then publish this fact and compel the other fifty percent to work by beating if necessary.’ Did you say that or not?
THE WITNESS: I do not remember to have said that. However, three days ago I believe I said that I never knew afterwards when I had such outbursts of rage because I had that rush of blood to my skull due to that injury I had, and I couldn’t remember what I said at that particular moment. I just burst out in rage. (_T-2125-2126._)
The defendant has constantly denied that he was a moving factor in the foreign workers program. But at the GL meeting on 18 August 1942, we find him asking for a complete report on the labor question, how it has developed, what nationalities are involved, how great is the fluctuation—
“What real requests we now have to make in the different sectors in order to cover the needs for specialists and for skilled and unskilled labor, how many of them are foreigners, etc. What happens to those who leave the industry? Are they compelled to work elsewhere? Are they, _as I proposed, under control in the camps supervised by the SS_ and considered as being in mild concentration camps or are these gentlemen allowed to remain outside and do as they please?” (_T-2127._)
When questioned as to the significance of “mild” concentration camps, he explained that these were camps to which people were sent for a short time for “education”.
Complaining about “antisocial elements” who “moved from one factory to another,” Milch rejected the suggestion that the armed forces should take care of these people in camps. This could not be done because “they have not been condemned and in no way violated the existing laws.”
“That is why Himmler should get these people into his clutches because he can treat them _outside the law_.” (_T-2134._)
At the GL meeting on 19 October 1943, the defendant spoke on the subject of a possible foreign workers’ uprising. He said that he had discussed this eventuality with Himmler, and that he, Milch, had already given orders to the Chief AW[163] and to the training stations to get military training in this field.
“If for instance in the locality X, an uprising is started, then a sergeant with a few men, or else a lieutenant with 30 men is to turn up in the plant, and first of all shoot into the crowd with a machine gun. What he should do after is to shoot down as many people as possible in cases of revolt. I have given orders to that effect even if our foreign workers are involved. But first of all he must succeed in getting them all laid out flat on the ground. And then every tenth man is to be singled out and shot, while the others are lined up and see it. If our machines are being wrecked, etc., then such measures have to be applied. I said to Himmler: ‘I’ll go along with you in your efforts.’” (_T-2153._)
Milch denied at the trial that he had talked to Himmler about this matter and endeavored to argue incorrectness in the minutes. But the weakness of his attempted exculpation here lies in the fact that he could well have argued the necessity for drastic action in such an emergency, without excesses of course. In fact, he had explained, “If our planes are destroyed in the workshops, an energetic measure should be taken.” But in the desire to extricate himself completely from the situation, he challenges the record, he refutes the Himmler conference, and then adds the usual explanation that he was excited at the time.
At a GL conference on 2 March 1943, the defendant was commenting on the fact that foreign workers were becoming hostile.
“On principle I have to be informed of every case of swinishness. I do not understand at all why Germany should put up with it when Poles and Frenchmen explain to the people—today, indeed, you are still sitting in this work; but later we shall be the owners; and if you treat us properly we shall see to it then that you are shot dead immediately and not tortured first. In all these matters energetic interference must be made. I am of the opinion that there should be only two types of punishment in such cases; firstly, concentration camps for foreigners, and secondly, capital punishment. If a certain number of such hostile elements are removed and the others are informed, they will then work better. Their love for us certainly won’t become any greater; but neither will their hate, for it is already strong enough. In this respect, too, energetic interference must be made and in no case must the works put up with it. The best method is to give one blow with a sledge hammer to the person concerned; and I shall treat with distinction every man who does something like that whenever he hears such stupid nonsense. We are living in total war; and the workers must be told that they don’t have to put up with anything.” (_T-2169._)
When the above was read to the defendant in court, he stated that he did not recall the utterance and explained, “that once again it is my well-known rage. I simply let go.” However, upon further cross-examination he seemed to recall what it was all about and said, “Yes, and I was enraged here through the report which had been submitted to me as to the fact that our people were being threatened with death. That enraged me considerably; and I blew up.” This is an interesting observation. This man, from whose lips death threats fell like acorns from an oak, asks that all his fulminations be ignored. Although he sat on the victors’ bench at the time, yet because a worker who had been dragged from his home hundreds, or perhaps thousands, of miles away, blurted from the depth of his misery, that if he got the opportunity he would kill his captor, the captor felt morally justified in recommending the use of a sledge hammer on the head of the defenseless captive. The sledge hammer blow was to be delivered not for a deed committed, but merely for the use of words. To fortify this point, defense introduced an affidavit which declared that the servant girl in the Milch household repeated certain statements as to what her people (she was a Ukrainian) would do in the event they became victorious. On this subject they were so sensitive that even the gossip and chatter of a maid servant threw fear into their hearts, but it is solemnly averred in court that the imprecations of a field marshal were always ignored.
At the same meeting above indicated the defendant said—
“But in the abstract, I see no difficulties in the way of getting 100,000 or 200,000 French workers to Germany, nor do I see any difficulties in the way of keeping them in order. If a case of sabotage occurs in one area, every tenth man in the area will be shot. Then such acts of sabotage would cease of themselves. The western peoples are very much afraid of death, while it is quite different matter with the Russians.” (_T-2172._)
In explanation of this remark the defendant said that he did not recall making it. “That was still part of my madness.”
On 4 November 1943, Milch conferred with Goering at the Junkers Works at Dessau. Discussing the Italian workers, the defendant said—
“We have to let certain plants go on working in Italy, such as ball bearings, steel castings, and others, and we cannot take the people from there. The same applies to the technical sphere. The people there are working for us. All depends on our policy toward the Italians. I have ordered that they can be beaten up if they do not work. I have also given permission that Italians caught sabotaging be sentenced to death. If this measure is not desired by the higher authorities, which seems to be the case, we are powerless. Then the Italians in the Reich will not be of any use to us.” Further, “We could count on millions all together, if we let them starve if they do not work!” (_T-2193-2194._)
The defendant denies that he ever gave the order specifically mentioned here, and since he was talking to Goering, he places himself in the position of having lied to his superior officer, something of which, considering his vehement professions of soldier’s loyalty to military hierarchy, it would never be expected he could be guilty.
On the subject of French prisoners of war, the defendant said—
“Don’t forget that not even 1,000,000 Frenchmen are here as PW’s while we have 7 to 8 million soldiers. Therefore, the French are still in a very favorable position. But they must realize that they will be brought to Germany all together if they don’t work hard enough at home.” (_T-2198._)
As Vichy was working hand in glove with Berlin at the time, the defendant contends that coercion was not involved since it was the French Government who had issued the orders for this movement.
Addressing himself on another occasion to the subject of French workers, the defendant stated, “There is no good will in France, and you can really not expect it from these fellows. But we will force them to work by not feeding them.” Goering then said, “I can do this here much better.” And Milch replied, “That will get us nowhere. We shall then have to shut down the plants in France.” (_NOKW-245._)
At the GL meeting of 27 May 1942, von Gablenz reported, “Yesterday, the first[164] has exploded in France, at the Arado plant, an explosive, a float, but no damage has been done.” Milch commented, “What measures have been taken in consequence? I want to have a report on what has been done—How many people have been shot and how many hanged. If that guy cannot be found today, fifty men should be selected and if I were you I would hang three or four of them whether they are guilty or not. It is the only way!” (_NOKW-407._)
IV. MEDICAL EXPERIMENTS (a) High-Altitude Tests
On 15 May 1941, Dr. Rascher, medical officer in the Luftwaffe and member of the SS stationed at Munich, wrote Heinrich Himmler asking that Himmler furnish to him two or three professional criminals to be used as subjects in high-altitude experiments. He stated that tests had been made with monkeys, but since their reactions differed from those of human beings, he preferred to work with live men, it being understood that these individuals could, of course, die in the experiment. Himmler replied through his adjutant, Rudolf Brandt, that he would gladly make prisoners available for such high-altitude research, and authorized that the experiments be carried out by Dr. Rascher, a Dr. Kottenhoff, and Dr. G. A. Weltz, who was Chief of the Institute for Aviation Medicine in Munich.
In March 1942, with a low-pressure chamber furnished by the Luftwaffe, the experiments began at Dachau. The apparatus used for these tests was simply a wood and metal cabinet in which air pressure could be increased and decreased, the purpose of the tests being to ascertain the subject’s capacity and ability to take large amounts of pure oxygen, and to observe his reaction to a gradual decrease of oxygen approaching infinity. In this manner high-altitude atmospheric pressure would be simulated, and from the results the experimenters were to be able to determine methods and means of maintaining and saving lives among aviators compelled to rise to extreme altitudes, and at times because of war hazards obliged to parachute to the earth. The subjects for these experiments were to be individuals already sentenced to death.
Stated in strictly academic fashion, one could without too much difficulty be persuaded that these experiments were not entirely irrational or inhuman. The subjects were to die anyway, and if in dying they could furnish scientific data not obtainable otherwise, data which would save the lives of others, the project would not seem as criminally homicidal as it might appear when stated bluntly that experimenters would kill experimentees.
Whether the project was criminal and inhumane depends upon answers to the inevitable questions:
1. Were the prisoners actually condemned to death previously? 2. If so, for what reasons were they condemned to capital punishment? 3. Were the experiments painful to the subjects? 4. What scientific benefits resulted from the experiments?
If any prisoner used in the experiments was condemned to death merely for opposing the Nazi Regime without actually having committed any physical crime, it does not answer the criminal charge to say that the subject was already doomed to die, because by using that argument the experimenter or his SS superior could easily take any concentration camp inmate and, by merely pointing a finger at him, condemn him to death. Obviously in such a case the slayer could not, after the death, plead innocence on the grounds that the victim was to die anyway. Exculpation from the charge of criminal homicide can possibly be based only upon bona fide proof that the subject had committed murder or any other legally recognized capital offense; and, not even then, unless the sentencing Tribunal with authority granted by the State in the constitution of the Court, declared that the execution would be accomplished by means of a low-pressure chamber.
It has been asserted by the defense in this case that pardons were promised the subjects of these experiments in the event they survived. But the whole record reveals but one such shadowy case. It was also stated by one of the witnesses for the defense (General Wolff of the SS) that the subjects of these experiments were men who, because of their criminal records, had been denied the honor of fighting for the Fatherland, but that by submitting to these experiments they would be allowed, if they survived, to join combat forces at the front. General Wolff furnished no names or specific instances in this connection, nor does it appear that he, at any time, was in attendance upon the experiments at Dachau.
Dr. Romberg, under indictment for these same and kindred offenses, said on 1 November 1946, that he personally witnessed the death of three of Dr. Rascher’s subjects, and that he knows that other experimental subjects were killed while he was not present. He estimated that the fatalities totaled between five and ten. He was silent on the character of the victims.
Rudolf Brandt, who is currently on trial in Tribunal I, declared in an affidavit dated 30 August 1946, that Rascher wrote Himmler asking for concentration camp subjects for his high-altitude experiments. “Volunteers could not very well be expected, as the experiments could be fatal under the circumstances.” (_T-475._) Also “many experiments ended with the death of the experimental subject.” (_T-477._)
Brandt declared further that after Rascher submitted a report on his first experiments, Himmler ordered him to continue the experiments and authorized the commutation to life imprisonment of those subjects, previously condemned to death, who survived the experiments. However, Poles and Russians were excluded from this declared clemency. For Himmler, to be a Russian or a Pole or a Jew was an offense that could be expiated only with death. Both Romberg and Brandt are interested witnesses since they are defendants in another trial on similar charges. The testimony of one Anton Pacheleff, however, is not burdened with this possible defect as he is not answering to any charges. An Austrian patent lawyer, he was an inmate of Dachau, and while his testimony must still be carefully scrutinized, it does not need to be evaluated on the basis that the affiant has something to gain in exaggerating the nature, extent, and effect of the medical experiments. He declared under oath that Dr. Rascher chose the victims for his researches from the punishment company at Dachau, a group made up of political prisoners marked for extermination. “A few convicts were among the political prisoners, having been placed there merely to depress the morale of the political prisoners, and so a few convicts were killed along with the others.” (_T-408._)
The most complete account of this entire operation was contributed by Walter Neff, an Austrian who had been committed to Dachau because, prior to the Anschluss, he had testified in an Austrian court against certain Nazi terrorists. Only by coincidence were the experiments enacted in a ward to which he had been assigned as an untrained nurse, and thus he became an unofficial observer. He testified that from 180 to 200 concentration camp inmates were subjected to the high-altitude experiments, and of these, 10 were volunteers. Of all these subjects only one man was ever released, and that was an individual called Zopota.
It was Neff’s conclusion that over a period of three months from 70 to 80 persons were killed in the high-altitude experiments. He declared further that approximately 40 of the persons killed were persons not previously condemned to death. One man, according to Neff, was deliberately killed in the low-pressure chamber by Dr. Rascher so that he could perform an autopsy on him after his death at the atmospheric pressure of 10,000 meters altitude. During one autopsy it was discovered after the breast had been opened that the heart was still beating. “This experiment,” Neff said, “caused many cases of death because many more experiments were made in order to see how long the heart of a man could beat thus autopsied.” (_T-419._)
In this connection, reference must be made to one of the most cruel and fiendish decrees scratched by the claw of Himmler on the horror-filled parchment of his diabolic ingenuity. On 13 April 1942 he wrote Dr. Rascher, “these experiments should above all be evaluated for the purpose of seeing whether it is not possible, through this long functioning of the heart, to bring such people back to life. Should such an experiment of bringing back to life succeed, then it is understood that the person condemned to death will be commuted to lifelong imprisonment in a concentration camp.” (_1971-B-PS._) Thus, if the lifeless and mutilated body of one of these tortured victims of cold-blooded homicide should be made to function again, its owner would receive from the benevolent Heinrich Himmler the assurance of the luxuries of a lifelong imprisonment in an SS concentration camp!
But this is not the end of the hilarious game of these two death-head players, as they toss human life back and forth. On 20 October 1942, Rascher queries Himmler’s adjutant on this subject. He desires to know if, amongst the mythical survivors of his lethal experiments, there should be any Poles or Russians, whether they were also to receive the boon of lifelong imprisonment in a concentration camp. Incidentally, Rascher adds, the only ones he has experimented with have been Poles and Russians. And the reply comes back from Himmler’s adjutant that Dr. Rascher, “please,” is to be informed that “the decree of the Reichsfuehrer SS Himmler concerning pardoning (they called it pardoning!) of experimental subjects does not apply to Poles and Russians.” (!!!)
The manner in which some of the victims were selected is material fit for an Edgar Allen Poe story or a horror magazine. One day after 16 Russian prisoners had been used as experiments, two Jews were scheduled to be killed. Curious as to the identity of the two scheduled for extermination, Neff watched the first victim being placed in the experimental chamber. Something in the man’s features forcibly brought to his mind the image of the prison tailor. Hurrying to the tailor shop he learned that indeed it was the tailor, and that he had not been condemned to death, but that an SS-man, one Endres, had placed him among the list of those scheduled to be killed because this tailor had refused to make a civilian suit for Endres!
Neff further testified that at one time the chamber became damaged, but after being repaired more deaths occurred, and on the last day Rascher killed five persons. (_T-421._)
On 16 April 1942, Rascher wrote Himmler describing an experiment which he repeated four times “with the same results.”
“When Wagner, the last VP (experimental subject) had stopped breathing, I let him come back to life by increasing pressure. Since the VP was assigned for a terminal (‘Terminal’ meaning ‘death-resulting’ in this case) experiment, since a repeated experiment held no prospect for new results, and since I had not been in possession of your letter at that time, I subsequently started another experiment through which VP Wagner did not live. Also in this case the results obtained by electrocardiographic registration (Herzstromabschreibung) were extraordinary.” (_T-431-32._)
Here Rascher, in a macabre demonstration worthy of his record, repeated an experiment four times knowing what the result would be, and then finally killed the subject because he had been marked for extermination anyway.
(b) Were the Experiments Painful to the Subjects
The defense contends that the experiments, even though often fatal, were not accompanied with actual pain to the subjects, and therefore the experiments could not be characterized cruel or inhuman. Anton Pacheleff often stood by the apparatus during the experiments and looked through the observation window of the chamber. He testified—
“I have personally seen through the observation window of the chamber when a prisoner inside would stand a vacuum until his lungs ruptured. Some experiments gave men such pressure in their heads that they would go mad, and pull out their hair in an effort to relieve the pressure. They would tear their heads and face with their fingers and fingernails in an attempt to maim themselves in their madness. They would beat the walls with their hands and head, and scream in an effort to relieve pressure on their eardrums. These cases of extreme vacuums generally ended in the death of the subject. An extreme experiment was so certain to result in death that in many instances the chamber was used for routine execution purposes rather than an experiment.” (_T-409._)
One report made up by Doctors Ruff, Romberg, and Rascher graphically described the reactions of the subject as he fell from a height of 47,000 feet. Some of the more unusual reactions are noted:
47,200 ft. Lets the mask fall, severe altitude sickness, spasmodic (klonische) convulsions. 45,580 ft. Opisthotonus. 44,950 ft. Suspended in opisthotonus. 44,920 ft. Arms stretched stiffly forward; sits up like a dog, legs spread stiffly apart. 43,310 ft. Agonal convulsive breathing. 40,030 ft. Dyspnea, hangs limp. 23,620 ft. Uncoordinated movements with the extremities. 19,690 ft. Clonic convulsions, groaning. 18,080 ft. Yells aloud. 9,520 ft. Still yells, convulses arms and legs, head sinks forward. 6,560 ft. Yells spasmodically, grimaces, bites his tongue, does not respond to speech, gives the impression of someone who is completely out of his mind. 5 minutes (after reaching ground level) Reacts for the first time to vocal stimulation. 11 minutes Holds his head turned convulsively to the right; tries repeatedly to answer the first question concerning his birth date. 28 minutes Sees nothing; runs against open window sash upon which the sun is shining, so that large lump is formed on his forehead; says “Excuse me, please.” No expression of pain. 37 minutes Reacts to pain stimuli. 75 minutes Still disoriented in time; retrogressive amnesia over three days. 24 hours Normal condition again attained; has no recollection of the experiment itself. (_T-455-56._)
(c) Results Achieved
On 11 May 1942, Rascher made his first report to Himmler on the high-altitude experiments—
“As practical result of the more than 200 experiments conducted at Dachau the following can be assumed. Flying in altitudes higher than 12 kilometers without pressure-cabin or pressure-suit is impossible even while breathing pure oxygen. If the airplane pressure machine is damaged at altitudes of 13 kilometers and higher the crew will not be able to bail out of the damaged plane themselves since at that height the bends appear rather suddenly. It must be requested that the crew should be removed automatically from the plane, for instance, by catapulting the seats by means of compressed air. Descending with opened parachute without oxygen would cause severe injuries due to the lack of oxygen besides causing severe freezing; consciousness would not be regained until the ground was reached. Therefore, the following is to be requested: (1) A parachute with barometrically controlled opening. (2) A portable oxygen apparatus for the jump. For the following experiments Jewish professional criminals who had committed ‘Rassenschande’ (race pollution) were used; the question of the formation of embolism was investigated in ten cases. Some of the VP’s died during a continued high-altitude experiment; for instance, after one-half hour at a height of 12 kilometers. * * * To find out whether the severe psychical and physical effects, as mentioned under No. 3, are due to the formation of embolism, the following was done: After relative recuperation from such a parachute descending test had taken place, however before regaining of consciousness, some VP’s were kept under water until they died. * * * One VP was made to breathe pure oxygen for two and one-half hours before the experiment started. After six minutes at a height of 20 kilometers he died and at dissection also showed ample air embolism as was the case in all other experiments.” (_T-384-385._)
Dr. Romberg declared in an interrogation conducted on 29 October 1946, that he and other doctors had conducted experiments on themselves reaching altitudes of 17,000 meters (17 kilometers). Beyond that, he said, death was probable. This seems to contradict the report made by Rascher, above referred to, in which he speaks of the impossibility of flight at 12 kilometers (12,000 meters).
But the whole fallacy of the experiments and their sheer futility are revealed in a letter which Dr. Hippke, Chief of the Medical Section of the Luftwaffe, wrote to Himmler under date of 8 October 1942—
“It is true that no conclusions as to the practice of parachuting can be drawn for the time being, as a very important factor, viz., cold, has so far not yet been taken into consideration; it places an extraordinary excess burden on the entire body and its vital movements, so that the results in actual practice will very likely prove to be far more unfavorable than in the present experiments.” (_T-404._)
If it was impossible perfectly to simulate flying conditions in the low-pressure chamber—and this, if they were scientists at all worthy of the name, they should have known and must have known—then the tests were only the wildest kind of experimenting. And if the experimenting was done with human lives, as it was, the recklessness and the wanton handling of these human lives, resulting from 60 to 70 times in death, can only be characterized by what it was,—murder.
(d) Freezing Experiments
On 20 May 1942, [Field] Marshal Milch wrote General Wolff recommending experiments “in regard to perils at high seas.” (_T-393._) As German aviators from time to time were being forced to parachute into the North Seas, and consequently being subject to extreme cold for extended periods of time, the purpose of the freezing experiments was to ascertain the most effective way of rewarming such aviators and thereby saving their lives. (_T-480._)
The cold water experiments were performed between August and October 1942; the dry-cold experiments from February to April 1943. Walter Neff, already identified, described the experimental basin as being made of wood, two meters long, two meters high, and 50 centimeters above the floor. He stated that 280 to 300 prisoners were used in the tests, many of them undergoing as high as three experiments, and that out of the number indicated 80 to 90 died. The selection of the subjects was left to the political department of the camp after Rascher had made requests for a certain number. The eventual victims were made up of political prisoners, foreigners, prisoners of war, and inmates condemned to death. According to Neff, none of the subjects were volunteers. (_T-423._)
The experiment was conducted in the following manner. The basin was filled with water and then ice was added until the temperature measured 3° [centigrade]. Now the subject, either naked or dressed in a flying suit, was forced into the freezing liquid. When two certain doctors, Holzloehner and Finke, were performing the experiment, the subjects had narcotics administered to them, but when Rascher took over he refused narcotics because he maintained that “you cannot find the exact condition of the blood, and that you would exclude the willpower of the subject if he was under an anaesthetic.” When the subject was experimented on in a conscious state, a much longer time elapsed before the so-called freezing narcosis set in. (_T-424._)
Neff, describing the operation, declared that the “sinking down of the temperature until 32° [centigrade] was a terrible plight for the experimental subject.” At 32° the subject lost consciousness, but these persons “were frozen down to 25° body temperature.” When Rascher was handling the experiments “a large number of the persons involved were kept in the water so long a time until they were dead.” (_T-425._)
Many others died during the reviving or during the re-warming procedure. The utterly heartless and fiendish manner in which some of the experiments were conducted can be gathered from the graphic description by Neff of the episode of the two Russians—
“It was the worst experiment which was ever carried out. From the bunker two Russian officers were carried out. We were forbidden to speak to them. They arrived in the afternoon at approximately 4 o’clock. Rascher had them undressed and they had to go into the basin in a naked state. Hour after hour passed and when usually after a short time, 60 minutes, the freezing would have set in, these two Russians were still conscious even after two hours. All of our appeals to Rascher, asking him to give them an injection was without purpose. Approximately in the third hour one Russian said to the other: ‘Comrade, tell that officer that he may shoot us.’ Then the other one replied, ‘Don’t expect any mercy from this Fascist dog.’ And how can one imagine that we inmates also had to be witnesses of such a death and could do nothing against it, then you can really estimate how terrible it is to be condemned to work in such an experimental station. After these words, which were translated to the Germans by a young Pole in a somewhat different form, Rascher went back into his office. The young Pole immediately tried to give them an anaesthetic with chloroform, but Rascher returned immediately. He threatened us with a pistol, and he said, ‘Don’t dare interfere and approach these victims.’ The experiment lasted at least five hours until death set in. Both corpses were sent to Munich for autopsy in the Schwabisches Hospital there. Q. Witness, how long did it normally take to kill a person in these freezing experiments? A. The length of the experiment varied according to the individual case. It always varied according to whether the subject was clothed or unclothed. If his physical construction was weak and if in addition to that he was naked, death often set in already after 80 minutes. But there were a number of cases where the experimental subject lived up to three hours and remained that way in the water until finally death set in.” (_T-426._)
On 20 September 1942, Rascher made an intermediary report on these experiments—
“The experimental subjects (VP’s) were placed in the water dressed in complete flying uniform, winter or summer combination, and with an aviator’s helmet. A life jacket made of rubber or kapok was to prevent submerging. The experiments were carried out at water temperatures varying from 2.5° to 12° [centigrade]. In one experimental series, the occiput, the brain stem, protruded above the water, while in another series, the brain stem and back of the head were submerged in water * * *. Fatalities occurred only when the brain stem and back of the head were also chilled. Autopsies of such fatal cases always revealed large amounts of free blood, up to one-half liter, in the cranial cavity. The heart invariably showed extreme dilation of the right chamber. As soon as the temperature in these experiments reached 28° the experimental subjects died invariably, despite all attempts at resuscitation. The above-discussed autopsy findings conclusively proved the importance of a warming protective device for the occiput when designing the planned protective clothing of foam type.” (_T-398-399._)
The sheer monstrousness of this type of experiment reveals itself in the last sentence of the report which states with the flourish of a great scientific discovery that if the back of the head, the occiput is to be submerged in freezing water, there should be a warm, protective device to cover the occiput. If one is to have his feet in icy water, he should wear warm, waterproof boots. If he is to dip his head in the icy water, then his head should also be protected! This, then, is the weighty conclusion of so-called scientists sacrificing human lives for an observation that is obvious to a ten-year-old child.
“During attempts to save severely chilled persons (Unterkuehlte) it was shown that rapid re-warming was in all cases preferable to slow re-warming, because after removed from the cold water, the body temperature continued to sink rapidly. I think that for this reason, we can dispense with the attempt to save intensely chilled subjects by means of animal heat. Rewarming by animal warmth, animal bodies or women’s bodies, would be too slow. As auxiliary measures for the prevention of intense chilling, improvements in the clothing of aviators come alone into consideration. The foam suit with suitable neck protector which is being prepared by the German Institution for Textile Research (Deutsches Textilforschungsinstitut), Muenchen-Gladbach, deserves first priority in this connection. The experiments have shown that pharmaceutical measures are probably necessary if the flier _is still alive_ at the time of rescue.” (_T-399-400._)
Here other amazing, fantastic discoveries were made.
1. That something should be done at once to re-warm a body that has been floating about in icy water.
2. That aviator suits be made up with suitable neck protectors.
3. And that if the flier is still alive when rescued, medicine should be prescribed for him. If dead, no pharmaceutical measures are recommended!
In the year 1942, in the name of science, in the name of progress, men trained in medicine calmly and deliberately froze the blood in the arteries and veins of human beings to the point of death to proclaim warm clothing for low temperatures and re-warming and medicine for those who have succumbed to coldness.
Dr. Becker-Freyseng, who participated in some of the experiments, declared that as a result of the freezing experiments conducted at Dachau, they gave orders to flight surgeons that the warm bath method was to be used in reviving aviators who had been chilled. And thus another milestone was reached in science; namely, that warmth revived and comforted these who had been chilled. (_T-470._)
On 22 September 1942, Himmler acknowledged Rascher’s report, but Himmler who was carrion and obscenity incarnate, ordered that further subjects be frozen, and that re-warming and revival be attempted by the use of naked women. For this purpose Rascher obtained four gypsy women, and the experiments began. The subjects were, in accordance with usual procedure, forced into water in which ice cakes floated and were retained in the freezing compound until unconscious. Then each frozen victim was put to bed with two naked women, and the three were covered with blankets. In still other experiments the unconscious subject was placed in bed with only one woman. From all this revolting and macabre performance, the scientific deduction was reached that the re-warming process was better achieved by one woman than two because with one single partner “personal inhibitions are removed and the woman nestles up to the chilled victim more intimately.” This was the great scientific revelation achieved from an obscene spectacle which could have seemed more like the superstitious drum-beating rites of barbarians on some forgotten savage, jungle-infested isle, than the work of educated doctors in the year 1942. Nor was this type of experiment without its fatalities. Of one subject, the report stated, “This person died with symptoms suggesting cerebral hemorrhage as was confirmed by the subsequent autopsy.” The Nazi scientists, after this experiment, did however, achieve greatness in stating that this type of re-warming was recommended only when women were available and other types of re-warming facilities were not available, except in the “case of small children who are best re-warmed by their mothers with the aid of hot-water bottles.” (!)
In a final report to Himmler on the super-cooling experiments at Dachau, the ghastly experimenters, after having killed scores of subjects, came to the conclusion that they did not know whether rescued persons should be re-warmed quickly or slowly—
“It was not clear, for example, whether those who had been rescued should be warmed quickly or slowly. According to the current instructions for treating frozen people, a slow warming-up seemed to be indicated. Certain theoretical considerations could be adduced for a slow warming. Well-founded suggestions were missing for a promising medicinal therapy.”
The uncertainty is blamed on the “absence of well-founded suggestions concerning the cause of death by cold in human beings.” (_T-433._)
And now, in order to clarify this question, they decided to go back to animal experiments which would suggest that after all their experimenting and killing of human beings, they are no closer to any scientific discovery than when they started. (_T-433._)
However, they still continued the experiments with human beings in another manner. This was the dry-cold process, an operation carried out during the period January-March 1943. The _modus operandi_ of this experiment was to place the subject outdoors at night in a nude state, cover him with a linen sheet, and then pour cold water over him hourly. After several operations of this character, Rascher complained that it was a mistake to cover the subjects even with a linen sheet. He must be utterly naked, otherwise “the air cannot get at the person.” And from then on the subjects suffered their torture without covering of any kind. Even if it could be assumed that the test could have the slightest modicum of value, it is not understood why the subject had to be utterly naked. As the purpose of the experiment, it is presumed, was to ascertain the reaction of a soldier’s body to a frozen state, there is no reason why the subject could not wear some clothes, if only the merest undergarment, because it is scarcely conceivable that a soldier or aviator would be without some clothing on his back. On this subject, Neff testified—
“The next experiment was a mass experiment when the prisoners were also put outside naked at night. The temperature of one of them was measured with a galvanometer, the others with a thermometer. Rascher was present during approximately eighteen to twenty experiments of that type, but I can not remember exactly how many deaths occurred and if deaths occurred in connection with these experiments. I would like to say with certain reservations that approximately three deaths occurred during that period.” (_T-429._)
On the character of the subjects Neff stated—
“Of the experimental subjects subjected to air-cooling experiments, none were people who were sentenced to death. They were prisoners of various nationalities. There were also German political prisoners and ‘green’ prisoners.
“Q. And these prisoners had not volunteered, had they?
“A. No.” (_T-429._)
V. DISCUSSION AND CONCLUSIONS (a) Responsibility of Milch as to Count One of Indictment
Article II of Control Council Law No. 10, promulgated by the Allied Control Council, representing the nations of the United States, Great Britain, France, and Russia, proclaims the ill-treatment or deportation to slave labor of civilian populations of occupied territories, or the ill-treatment of prisoners of war, to be war crimes, punishable by death, imprisonment, or other penalties.
It is sufficient for this Tribunal to cite Control Council Law No. 10 as authority for its action in this case. Since, however, the Control Council came into being after the ending of the war, and since the laws which it published necessarily also followed the termination of hostilities, it has been argued by defense counsel that it does not comport with justice and reason that a defendant should be condemned for an act which, prior to its commission, was not accepted in international law as a crime. From the day of surrender Germany has been without a government of its own, and as the Allied powers are exercising quasi-sovereign jurisdiction in practically all phases of German relations, both internal and external, the very circumstances of Germany’s present political situation not only justifies but demands that the Control Council establish government in its three fundamental phases; namely, the judiciary, the executive, and the legislative. Otherwise chaos would fling Germany into even a more precipitous abyss than the one into which she has fallen, and the supreme and perhaps irreparable disaster, arrested by Allied intervention, would be upon her.
Yet it can be argued and it has been argued that despite the imperative need of an occupational force with its almost unlimited jurisdiction, such an occupying force simply represents the authority of victor over vanquished. In the discharge of its duties under the law which created it, this Tribunal is not called upon to answer the arguments just indicated, but a respect for the opinion of mankind invites a listing of the reasons which establish the justice of the procedure here invoked and the reasons which must invest its judgment with the solemnity and solidity of accepted international law.
In the first place, it is not Control Council Law No. 10 which makes abuse of civilian populations an international crime, nor even the decision of the International Military Tribunal, which in turn derived its power from the London Charter which had as its antecedent the Moscow Declaration of 1943. International law is not a body of codes and statutes, but the gradual expression, case by case, of the moral judgments of the civilized world, and no international law textbook of the last century ever sanctioned the deportation of a civilian population for labor. Although under Article 52 of the Hague Regulations, the inhabitants of occupied countries may be used for the needs of the occupying army, such civilians may be utilized only in proportion to the resources of the country, and they may not under any circumstances be required to take part in military operations against their own country. L. Oppenheim’s Treatise on International Law (Vol. II, Sixth Edition, page 345) states flatly that there is no right to deport inhabitants to the country of the occupant for the purpose of compelling them to work there.
It is submitted, however, that though this is the law and so recognized, total warfare, as it raged in World War II, suspended, if it did not outrightly abrogate, all these rules heretofore respected and esteemed as binding on civilized nations. In this respect defense counsel argues that “modern warfare, having as its aim total annihilation of the armed production of the enemy, brought with it to a great extent warfare against the civilian population,” and he cites total blockade as an illustration of his thesis. It is true that total blockade affects the entire blockaded population, as indeed air raids strike at the most helpless and harmless of the enemy’s civilians. The writer of this opinion was witness many times to the death and mutilation of inhabitants, including women, children, and old men, in Luftwaffe air raids aimed at legitimate war targets. German civilians also paid with their lives for living in their own country. And thus, it would seem in principle, that if civilians may legitimately be killed through military action, though noncombatant, they may certainly be made to work. But it does not follow that because military necessity unintentionally victimizes a civilian population, political domination may strip them of their civil rights and subject them to intentional torture and possible death. With all its horror modern war still “is not a condition of anarchy and lawlessness between the belligerents, but a contention in many respects regulated, restricted, and modified by law.” (Oppenheim, ibid., 421.)
Though the adversaries descend into the pit of bloody combat, there is always open to them the means of re-ascending to the level of nonhostile negotiations. The matter of temporary truces for recovering the dead and succoring the wounded, the making of arrangements through international relief organizations for the treatment of prisoners, the granting of safe passage through the lines of persons mutually agreed upon by the parties, all are instances which refute the logical development of defense counsel’s argument that total warfare justifies the abandonment of every restriction and authorizes the combatants to use all manners and means to win the conflict.
And no one was in a better position to understand this than the defendant. He had participated as a soldier in the First World War; he had, following the war, entered distinguished private enterprise; he had travelled extensively and was induced by none other than Hitler himself to enter the Air Ministry long before the outbreak of World War II because of his talents and abilities. It is idle for defense counsel to say that Milch “was never a good National Socialist.” If joining a political party, accepting its benefits and preferments, rising to supreme heights in grade and distinction, offering never-flagging loyalty to the Fuehrer, even in the face of a declared acknowledgment that the Fuehrer was leading Germany to disaster, if this does not make one a full-fledged National Socialist, then nothing does.
Milch did not simply passively ignore international law, he actively expressed a knowledgeable contempt for it. We have seen how he declared at one of the Central Planning Board meetings that “International law cannot be observed here.”
Defense counsel made much of the point that the German people did not want war, and the defendant himself described how when the first tanks moved through the streets of Berlin, the inhabitants of that city were silent and worried. But it is not clear how this observation advances the innocence of the defendant. If anything it adds to his moral guilt because the evidence reveals only too well that to the fullest extent of his energies he prosecuted a war which he states was against the will and interests of his people. The indictment has not charged him with waging aggressive war, but in view of his participation in the 23 May 1939 conference when Hitler outlined quite clearly his aggressive intentions, and in view of his (Milch’s) never tiring efforts in the war’s various phases—at the front, in the air, in production, in inspection—it cannot be said that to his trained mind the war had the aspects of a defensive and not an aggressive conflict. Although Milch has here repudiated belief in the master race theory, yet we know that he went through a formal procedure to establish the absence of Jewish blood in his veins. This procedure even took the embarrassing turn of statements concerning his parentage. In doing this, Milch could not help but know that the Jews were being persecuted by the political party to which he voluntarily belonged. Nor will the Tribunal believe his declaration that he knew of only two concentration camps in all of occupied Europe. For the Tribunal to acknowledge this statement would be to declare Milch weak-minded if not _non compos mentis_. Milch, was constantly threatening workers with the concentration camp. These threats he attributes to excessive anger as he does all his outbursts, to which we have already called attention.
Milch would have the Tribunal believe that his violent language was never intended to produce results. He explained that his declaration that Italian prisoners of war attempting to escape should be shot does not constitute cruelty because, in the words of his counsel, “all countries have prisoners shot who attempt to escape.” This contradicts another statement made in court wherein he lauded prisoners who sought to regain their freedom. When confronted with inconsistencies of this character, the defendant invariably sought refuge in the statement that he was never taken seriously in his threats to shoot, hang, or whip. He informs us that he never used a whip, that everybody knew he exaggerated, that nobody took him seriously, and that he did not have full control of himself. But Erhard Milch was not the village idiot. He carried a field marshal’s baton, and the lifting of that baton compelled obedience no matter how idiotic might be the demand. Further, Milch’s imprecations were not simple interjections; they frequently carried the appearance of orders already given or about to be issued. He may never have actually penned a death warrant or called out the SD with its murder squads, but is it so certain that underlings beyond his cognizance did not carry into effect his sometimes very clear directions on punishments to be inflicted?
Violent language is not as innocuous as Milch would have the present world believe. Even if it should be true that his immediate circle laughed at his fulminations, as was testified, there is no assurance that others laughed. A field marshal’s fraternizations are necessarily limited. There were not many who had the privilege to stand beside him, as did General Vorwald, and philosophically muse; “Now his neck is getting red again.” There were necessarily hundreds in the course of six years of war who, attending his various meetings, were not informed that his fire and brimstone were froth. Vorwald can laugh at a field marshal and a field marshal can laugh at a Hitler, but the comedy ceases there. Milch has ridiculed Hitler’s speeches and pointed out that certain portions of the Fuehrer’s orations were known as the “Adam and Eve” section. He indicated further that many of Hitler’s thunderings were mere bluff, but who can say today that he was bluffing?
Hitler’s most potent force for evil was language. With all that he has to answer for at the bar of history, it can be doubted that there exists proof that he with his own hands killed any man or even the proverbial fly. Hitler’s armory was language. It was Hitler’s language which mesmerized the German nation. Every one has said so. He had no other abilities. He was no soldier. All the generals were agreed on that. He could not ride a horse, he could not drive a car, he could not build a fence. He could hang paper and he could talk, and the German people regarded that talk as substance. And on the phosphorescent sea of his wildly undulating phrases they launched the ship of their well-being with the tragic result that fragments and splinters of that ship now piteously stare at one from every nook and corner of this once prosperous and happy land.
The greatest individual force of destruction in Germany for nearly 20 years was _Mein Kampf_. And yet _Mein Kampf_ was simply language. To the knowledge of the writer of this opinion, _Mein Kampf_ was never used as a missile or fired as a projectile, but is there a German sincerely interested in the welfare of his country today who doubts that its words were bullets, its phrases bombs, and its pages poison which, falling into the wells of the nation, corroded the thinking of the innocent and goaded into action the ambitions of the wicked?
As the record shows, Milch incessantly threatened the wildest excesses, he orally directed them, and he reported to his chief on one occasion that he had put certain ones into effect. In spite of his present disavowal, there is nothing in the transcript to indicate that he repudiated his threats at the time of utterance. The defense has repeatedly attacked the accuracy of the minutes of the Central Planning Board, the GL, and the Jaegerstab. All these documents were taken from the official files of the Reich Air Ministry. Furthermore, the defendant’s constant efforts on the stand to modify the far-reaching implications of his speeches concede the general correctness of the remarks attributed to him. Thus, making due allowance for stenographic errors, the defendant stands out through the pages of these reports as a resolute, persevering, determined worker, unyielding and loyal to his cause, which was the cause of the Fuehrer.
It can be believed that Erhard Milch was not seeking personal enrichment and a luxurious living, which was so obviously the nefarious and principal goal of his chief, the super-pilferer Hermann Goering. Milch was seeking victory for Germany, for which he held an understandable affection, but his intelligence, training, and experience in the affairs of the world told him inescapably that Germany was waging an aggressive and culpable war. Milch gave of his talents and energies to the winning of a war criminally begun and lawlessly prosecuted, which, had it ended in victory for the aggressors would have resulted in the heartless subjugation of countless millions of innocent and helpless people. The defendant has recounted his worries and anguish and has explained that this mental torment provoked many of his unbridled utterances, but what was the cause of this bitterness and mortification? Not that Europe had become a slaughterhouse, not that blood ran like water, not that the four Horsemen of the Apocalypse were galloping over the continent hurling famine, pestilence, and death into every city, village, and hamlet. Milch’s torment and soul-sickness were not that the human race and human dignity were being debased and degraded as they had never been before since man knew shame. It was not for all this that Milch’s heart was breaking. His consternation, his panic was that Germany was losing the war!
He said, “I had to walk into defeat with open eyes.” (_T-1948._) Also, “I could see what was coming and I could not help my people.” And in his bitterness he increased the fury of his verbal lashes over the backs of the foreign workers, he redoubled his efforts for more importations and screamed for more production. He knew, as far back as November 1941, that the war was lost; this knowledge was confirmed after Stalingrad, and every vestige of doubt as to the eventual result was shattered by the clouds of bombers over Germany every day. He knew that Hitler was leading Germany over the brink to ruin, and yet he called for more and more production to make the disaster all the more noteworthy. He was having difficulties with Goering, Hitler did not want him any more, and yet he stoked the fires of his wrath to an even higher degree of vengeance against the workers because they would not turn out more production for the war, every continuing day of which brought only greater misery to his people. The argument does not ring true. Milch may have believed Germany might lose the war but he certainly made every effort to have it end victoriously. This in itself is honorable for a soldier, but he allowed himself to use means and methods which the code of a soldier does not authorize or countenance, and therein he fell.
He has related several accidents which may have affected his health. He cracked-up two or three times with his plane and he suffered an automobile mishap as well. It is suggested, although not vigorously pressed, that all this may explain his towering wraths and lightning fury. But the plea in this case is not “Not Guilty because of Insanity.” Nowhere is it advanced that the defendant is not now, nor that at any time throughout the war was not, in the fullest possession of his mental faculties. If a temporary aberration is being suggested, it is remarkable that these deviations from the norm occurred only when he was urging the maximum and severest employment of forced labor and menacing with the direst punishment those who did not fulfill to the extreme the commitments of this illegal enterprise. If Milch was at any time deprived of his reasoning faculties, his temporary unbalance had method in it.
The Tribunal finds Erhard Milch guilty on count one of the indictment.
(b) Count Two
In considering Milch’s responsibility under count two, we will need to enumerate and weigh each reference to him in the testimony in this connection. The high-altitude experiments began in March and lasted until June 1942. Cold-water experiments were conducted during the period from the middle of August until October 1942. The dry-cold experiments lasted from February through April 1943. During this time Milch was Inspector General of the Air Forces, State Secretary in the Air Ministry, and Generalluftzeugmeister. As Inspector General he was in charge of the office which authorized research and medical experiments conducted in behalf of the Air Forces. General Hippke, physician in charge of the Luftwaffe Medical Department, was directly subordinate to the defendant. As Generalluftzeugmeister, Milch was head of air ordnance. Milch had charge of the development of technical experiments for the Luftwaffe.
All medical institutes and Luftwaffe medical men were subordinate to the Medical Inspectorate Chief, Dr. Hippke. The DVL[165] was subordinate to Hippke’s office in technical matters. Dr. Rascher conducted his experiments at Dachau. He was temporarily assigned to the SS, but retained his status as a Luftwaffe physician, rising from a second lieutenant to a captain in the Luftwaffe. During the period of the experimentations, Rascher was under the command of the Luftwaffe.
On 20 May 1942, Milch wrote a letter to General Wolff, stating that his medical inspector had reported to him that the high-altitude experiments conducted by the SS and the Luftwaffe had been finished, and he did not recommend that they should be continued. He did, however, authorize experiments “of some other kind in regard to perils at high seas.” On 4 June 1942, Milch authorized Hippke the continued use of the low-pressure chamber. On 20 July 1942, Rascher sent Brandt a report on the high-altitude experiments and the accompanying letter stated that it is Himmler’s desire that the report should be sent to Milch. On 25 August 1942, Himmler sent Milch a copy of the report and asked that he receive Dr. Rascher and Dr. Romberg for a lecture and a showing of the film made of the experiment.
On 31 August 1942, Milch wrote Himmler acknowledging the report and promising to receive the two gentlemen for the lecture and showing of the film. On 23 August 1942, Sievers wrote Brandt discussing a revival of the high-altitude experiments and stating that a report was to have been made to Milch, but that the report was not made. On 3 October 1942, Rascher wrote Brandt that the report to Milch, planned for September, could not be made because Milch was not present. On 27 November 1942, Wolff wrote Milch a long letter pointing out the need and the great value of the experiments with human beings, stating that Himmler “has accepted the responsibility for supplying death-deserving, asocial persons, and criminals from the concentration camps for these experiments.” He asks Milch to assign Rascher to the SS so that he can continue with the experiments directly under Himmler’s orders. “In any case, these experiments must not be stopped. We owe that to our men.”
Dr. Romberg stated in an affidavit that Milch “was familiar with these experiments.” Neff testified that “Milch’s name was mentioned in connection with the high-altitude experiments.” Sievers, Director of the Research and Teaching Association, stated that “Milch must have known about the experiments of Dr. Rascher.” Dr. Ruff stated that to his knowledge Milch was informed of these tests either by Hippke or by the SS. Dr. Becker-Freyseng said that Dr. Kalk told him he had seen Rascher in Milch’s office.
When the film was shown in Milch’s office on 11 September 1942, Milch was not present. Wolfgang Lutz testified that Milch had negotiated directly with Himmler regarding the execution of such experiments without consulting the Medical Inspectorate. Rudolf Brandt stated that Milch was fully informed about the low-pressure experiments. As late as January 1943, Milch had not replied to the letter sent him by Wolff, asking for the assignment of Rascher to the SS.
This, in brief, constitutes the case against Erhard Milch in connection with the medical experiments. In order to find Milch guilty on this count of the indictment, it must be established that—
1. Milch had knowledge of the experiments. 2. That, having knowledge, he knew they were criminal in scope and execution. 3. That he had this knowledge in time to act to prevent the experiments. 4. That he had the power to prevent them.
In pressing this count against the defendant, the prosecution has the burden, as it has the burden in every count, to prove the guilt of the defendant beyond a reasonable doubt. We begin our deliberations with the cardinal rule that the defendant is presumed to be innocent. Glancing at the evidence as a whole, it is a facile matter to say that the defendant must have known of the experiments; that, with so much smoke, there must be fire. But in addition to smoke, there must be light.
The proof against Milch on this count is entirely circumstantial, and before we can find him guilty we must conclude that every hypothesis resulting from the circumstances is consistent with guilt and inconsistent with innocence. One can easily reach the hypothesis of guilt from the documents and testimony but that hypothesis in many of its phases is also consistent with innocence. Thus, applying the rule of evidence just cited, the test of guilt fails.
So far as chronology is concerned, Milch does not come into the picture of the experiments until 20 May 1942 with a letter in which he states that his medical inspector informed him that the high-altitude experiments had been completed. Obviously if they were completed there was nothing he could do to prevent them. Nor did the medical inspector or anyone else testify that Milch was informed of the precise nature of the experiments. Further, there is no evidence that Milch ever received any reports at all on the freezing experiments.
No one ever suggested that Milch attended the operations at Dachau or that he ever gave an order that human beings were to be used to the point of death.
If we can imagine the pieces of evidence on this count as irregularly shaped blocks of wood floating on water, we find these blocks occasionally coming together and dovetailing into a pattern of guilt, but then we find them separating and just as often forming the pattern of innocence. No man should be convicted on evidence that does not remain fixed and immovable in granitic solidity. Guilt cannot be founded on a set of facts from which arguments are equally convincing as to guilt and as to innocence. Remarks such as “the defendant must have known,” or “to the best of my knowledge he knew,” and other similar inconclusive conjectures frequently used in this part of the case are not the kind of links which are imperatively needed to make up a chain strong enough to sustain the weight of a conviction.
The defendant is found not guilty on the second count of the indictment.
Though Milch is acquitted of complicity and participation in the medical experiments, we have nonetheless commented on those experiments at length. We have done this because otherwise the reference to Milch’s acquittal standing alone might convey impression that the experiments themselves were not criminal. The Tribunal holds that the _corpus delicti_ was established and a crime was committed, even though Milch is not guilty of it.
(c) Count Three
The third count of the indictment charges the defendant with crimes against humanity (slave labor and fatal medical experiments) committed on German nationals and nationals of other countries. As we have found him not guilty on count two, we necessarily also find him not guilty of the crime of fatal medical experiments in count three. We have, however, adjudicated him guilty on count one, and since the evidence establishes that nationals of other countries were also victims of slave labor under his control, we thus find Erhard Milch guilty on that part of the third count which covers the nationals of other countries. Sufficient proof was not submitted as to slave labor offenses against German nationals to justify an adjudication of guilt on that ground.
Thus, in recapitulation, we find the defendant guilty on count one, not guilty on count two, not guilty on count three insofar as it appertains to German nationals and guilty wherein it refers to “nationals of other countries.” In reaching these conclusions, we inescapably ascertain that Erhard Milch was a full-fledged member of the National Socialist Party of Germany. Further, that he adhered to the doctrines of this Party which, with the almost cataclysmic force of planetary violence, achieved more destruction than has been known since man stood upright on the shores of history. The conclusion is also unavoidable that it was individuals like Milch that made the Hitler plan of war and subjugation possible. Hitler was but one man and it was only because he had brilliant and able coadjutors that he could develop a war machine which achieved the incredible and fantastic record of smashing Poland in 18 days, striking France to her knees in 2 months, driving England from the continent in 6 weeks, overrunning Holland and Belgium in a few days, vanquishing Norway in several weeks, and Denmark overnight.
In those days of spectacular triumph, Milch had no complaint against Hitler. But it was precisely then that Hitler was working his greatest harm to Germany because it was inevitable that the people he had temporarily crushed would rise again and not rest until the evil power responsible for their suffering was destroyed. If Milch had entertained the loyalty to his people which he now professes, then was the time to withdraw from a program which was wreaking a devastation so universal that no country, including Germany, could escape.
The defendant stated from the witness stand he could not withdraw because he owed fealty to Hitler and to the German people. His loyalty to Hitler was loyalty to a man who he now states had marked him for liquidation, and so far as allegiance to the German people is concerned, they can feel no gratitude for an allegiance which increased their ruin, magnified their misery, and pushed them only deeper into the pit of despair. The Germans could do without a devotion of that kind.
The defendant apparently gained the impression in our questioning of him that some heroic sacrifice was expected on his part. We never intended, nor was it suggested, that he should take any action which could result in the forfeiture of his life. But he did himself volunteer from the witness stand that on two occasions he was ready to tell Hitler the truth even if it should mean his execution. If he was prepared to sacrifice his life on so futile a gesture, he could have taken some action which involved less hazard. He could thus, at least to that extent, have contributed to honesty and justice by refraining from threatening with death and whipping those who did not give of their last ounce of energy in the production of ordnance whose muzzles would eventually be turned on Germany itself.
In his last statement in court Milch declared that he was indifferent to his fate but he was interested in seeing Germany relieved of her suffering and re-admitted to the community of nations as an equal partner. We do not believe that any intelligent person can be indifferent to his fate, although one can summon sufficient spiritual fortitude to rise above an immediate regret. With regard to Milch’s wish for the German people, he has definitely performed one service in pulling aside the curtain to disclose to them the stupidities, the vanities, and the arrogances of their leaders which brought about their present state. The record of this case will particularly, of course, expose Milch’s own errors and his transgressions against international law, the laws and customs of war, the moral code of humanity and even commandments 4 and 7 of the 10 commandments of the German soldier.
The purpose of these postwar trials obviously is not vengeance. The object aimed at (as in the criminal jurisprudence of all civilized nations) is the ascertainment of truth. When guilt is established, the penalty imposed is to serve as a deterrent to all others who might be similarly minded. Albert Speer, convicted in the first trial, stated here in this courtroom that had trials such as these followed the First World War, the Second World War might have been averted. Erhard Milch may obtain some comfort from the realization that by the publication of the evidence of this trial he is definitely contributing to the education and well-being of Germany’s future, as indeed a precise contribution is being made to the cause of world justice itself.
Over 155,000 Americans made the supreme sacrifice in Germany in this war. These lads gave their lives for this ideal of world justice and world peace. America sought no territorial aggrandizement or material advantage. The American flag in this courtroom ensured to the defendant all the guarantees of the United States Constitution as to a fair trial. No person within the continental limits of the United States itself could have wished for a fuller opportunity to demonstrate his innocence of the charges brought against him.
America and her Allies bestowed upon Germany what no desire can achieve and what no money can buy. The Allied nations gave the blood of their youth to water the roots of the tree of liberty and tolerance which had withered in the twelve-year drought of National Socialism. It is to reveal who were responsible and what was responsible for the desiccation of that tree and to proclaim to the world the inevitable consequences to others who degrade the soil with the pollution and prussic acid of oppression that these trials have been established. The present trial is one chapter in the book which will forever condemn _Mein Kampf_ and offer to the new German nation a volume of proved fact, whose every page will tell of the sorrow awaiting any people which permit any man or men to hoist deceit above truth, power above justice, oppression above tolerance, war above peace and man above God.
[Signed] MICHAEL A. MUSMANNO JUDGE MILITARY TRIBUNAL II
[160] The reference “T” is to the page of the mimeographed transcript.
[161] “IMT” refers to Trial of the Major War Criminals before the International Military Tribunal, Vol. I, Nuremberg, Germany, 1947.
[162] Original German document read 50,000 but, due to clerical error, translation of document which was submitted in Court read 500,000. Incorrectness is obvious by total figure of 220,000 in last sentence.
[163] Chef Ansbildungawesen (Chief of Training).
[164] A word is missing here in the German original.
[165] Deutsche Versuchsanstalt fuer Luftfahrt (German Institute for Aviation Research). In this case, the reference is to the Medical Section of the Institute.
C. Concurring Opinion by Judge Fitzroy D. Phillips
This Tribunal has been duly organized and is now existing under the authority of Ordnance No. 7 pursuant to the powers of the Military Governor of the United States Zone of Occupation within Germany expressly conferred therein and further pursuant to the powers conferred upon the zone commander by Control Council Law No. 10 and Articles 10 and 11 of the Charter of the International Military Tribunal annexed to the London agreement of 8 August 1945, and by authority of Executive Order No. 9819 signed and issued by Harry S. Truman, President of the United States of America, the pertinent parts of said order as follows:
“By virtue of the authority vested in me by the Constitution and the statutes, and as President of the United States and Commander in Chief of the Army and Navy of the United States, it is ordered as follows:
“1. I hereby designate Fitzroy Donald Phillips, Judge of a Superior Court in the State of North Carolina; Robert Morrell Toms, Judge of the Third Judicial Circuit Court, Detroit, Michigan; and Captain Michael A. Musmanno (S), USNR, 086622, as the members, and John Joshua Speight as the alternate member of one of the several military tribunals established by the Military Governor for the United States Zone of Occupation within Germany pursuant to the quadripartite agreement of the Control Council for Germany, enacted December 20, 1945, as Control Council Law No. 10, and pursuant to Articles 10 and 11 of the Charter of the International Military Tribunal, which Tribunal was established by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the Union of Soviet Socialist Republics, for the trial and punishment of major war criminals of the European Axis. Such members and alternate member may, at the direction of the Military Governor of the United States Zone of Occupation, serve on any of the several military tribunals above mentioned.”
and as such Tribunal, has jurisdiction to try and determine this case.
Subsequent to the organization of said Tribunal, Telford Taylor, Brigadier General, United States Army, Chief of Counsel for War Crimes, prepared and caused to be prepared a bill of indictment charging the defendant, Erhard Milch, with certain war crimes and crimes against humanity as will appear more specifically hereinafter in this judgment and on 14 November 1946 caused said bill of indictment to be duly served upon the defendant, Erhard Milch, by the Marshal for the United States Military Tribunals according to the provisions of law.
Thereafter said bill of indictment was made returnable and said cause set for trial before United States Military Tribunal No. II. Whereupon, Dr. I. Friedrich Bergold of the Nuernberg, Germany, bar was duly appointed as counsel for the defendant and accepted such appointment.
On 20 December 1946, at 9:30 a.m. in the Palace of Justice, Nuernberg, Germany, the defendant, Erhard Milch, being present in court and represented by his counsel, Dr. I. Friedrich Bergold, and the United States of America being represented by Telford Taylor, Brigadier General, United States Army, Chief of Counsel for War Crimes, and Honorable Clark Denney of counsel, the Tribunal duly arraigned the defendant upon the charges contained in the bill of indictment against him, and the defendant when called upon to plead to the bill of indictment entered a plea of Not Guilty. Whereupon the Tribunal set the date of 2 January 1947, for the trial of said case and adjourned until said time.
On 2 January 1947, United States Military Tribunal No. II met in the Palace of Justice, Nuernberg, Germany, and commenced the trial of this case.
The bill of indictment charging the defendant, Erhard Milch, with certain and specific war crimes and crimes against humanity is summarized as follows:
_Count One_: War crimes involving murder, slave labor, deportation of civilian populations for slave labor, cruel and inhuman treatment of foreign laborers, and the use of prisoners of war in war operations by force and compulsion.
_Count Two_: War crimes involving murder, subjecting involuntary victims to low-pressure and freezing experiments, resulting in torture and death.
_Count Three_: Crimes against humanity, involving murder and the same unlawful acts specified in counts one and two against German nationals and nationals of other countries.
The trial was conducted in two languages in the main, English and German, and in English, German, and French when French witnesses were testifying.
The hearing of evidence and the arguments of counsel concluded on 25 March 1947.
The prosecution offered three witnesses who gave evidence orally and 161 written exhibits, several exhibits containing many documents. The defense offered 27 witnesses who gave evidence orally and the defendant also testified in his own behalf, and in addition to oral evidence the defendant offered 51 written exhibits. The exhibits as offered by both the prosecution and defense contained documents, photographs, affidavits, interrogatories, letters, maps, charts, and other written evidence.
A complete stenographic record of everything said and done in court has been made as well as an electrical recording of all the proceedings.
Copies of all the documents and written evidence offered by the prosecution have been supplied to the defense in the German language. The applications made by the defendant for the production of witnesses and documents were passed upon by the Tribunal and orders made in pursuance thereof. The Tribunal, after examination, granted all of the defense applications which in their opinion were relevant to the defense of the defendant and denied a few that the Tribunal found not to be relevant. Facilities were provided for obtaining those witnesses and documents granted through the Office of the Secretary General of the Tribunal.
Much of the evidence presented to the Tribunal on behalf of the prosecution was documentary evidence captured by the Allied armies in German army headquarters, government buildings, and elsewhere, and some of said documents were captured in the private files of the defendant himself. The case therefore against the defendant rests in a large measure on the documents thus obtained. The documents offered against the defendant on the part of the prosecution were in a large measure of his own making or those that were made in the organizations of which he was a member and largely under his control, and the authenticity of which has not been challenged except in a few cases and in those he challenged them mainly on the correctness of the transcript and not upon the subject matter as a whole. The evidence, oral and written, together with exhibits and documents contain approximately 3,000 pages which constitutes the record in this case.
The trial was conducted generally along the lines as are usually followed in trial courts of the United States except as to the rules of evidence, and as to those the Tribunal was not bound by technical rules of evidence and admitted any and all evidence which it deemed to have probative value and in strict compliance with the provisions of Article VII of Ordnance No. 7.
The Tribunal has kept in mind throughout the entire trial that this was a Tribunal established for the purpose of trying major war criminals and in this particular case a fallen military field marshal of a conquered nation, and that he was entitled to the Anglo-Saxon and English common law presumption that he was innocent until his guilt was established beyond a reasonable doubt.
Article II of Control Council No. 10 is as follows:
“ARTICLE II
“1. Each of the following acts is recognized as a crime:
“(_a_) _Crimes against Peace._ Initiation of invasions of other countries and wars of aggression in violation of international laws and treaties, including but not limited to planning, preparation, initiation or waging a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.
“(_b_) _War Crimes._ Atrocities or offenses against persons or property constituting violations of the laws or customs of war, including but not limited to, murder, ill-treatment or deportation to slave labor or for any other purpose, of civilian population from occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.
“(_c_) _Crimes against Humanity._ Atrocities and offenses, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population, or persecutions on political, racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated.
“(_d_) Membership in categories of a criminal group or organization declared criminal by the International Military Tribunal.
“2. Any person without regard to nationality or the capacity in which he acted is deemed to have committed a crime as defined in paragraph 1 of this Article, if he (_a_) was a principal or (_b_) was an accessory to the commission of any such crime or ordered or abetted the same or (_c_) took a consenting part therein or (_d_) was connected with plans or enterprises involving its commission or (_e_) was a member of any organization or group connected with the commission of any such crime or (_f_) with reference to paragraph 1 (_a_), if he held a high political, civil or military (including General Staff) position in Germany or in one of its Allies, co-belligerents or satellites or held high position in the financial, industrial or economic life of any such country.
“3. Any person found guilty of any of the crimes above-mentioned may upon conviction be punished as shall be determined by the Tribunal to be just. Such punishment may consist of one or more of the following:
“(_a_) Death.
“(_b_) Imprisonment for life or a term of years, with or without hard labor.
“(_c_) Fine, and imprisonment with or without hard labor, in lieu thereof.
“(_d_) Forfeiture of property.
“(_e_) Restitution of property wrongfully acquired.
“(_f_) Deprivation of some or all civil rights.
“Any property declared to be forfeited or the restitution of which is ordered by the Tribunal shall be delivered to the Control Council for Germany, which shall decide on its disposal.
“4. (_a_) The official position of any person, whether as Head of State or as a responsible official in a Government Department, does not free him from responsibility for a crime or entitle him to mitigation of punishment.
“(_b_) The fact that any person acted pursuant to the order of his Government or of a superior does not free him from responsibility for a crime, but may be considered in mitigation.
“5. In any trial or prosecution for a crime herein referred to, the accused shall not be entitled to the benefits of any statute of limitation in respect of the period from 30 January 1933 to 1 July 1945, nor shall any immunity, pardon, or amnesty granted under the Nazi regime be admitted as a bar to trial or punishment.”
The defendant stands indicted for the violation particularly of the provisions of section _b_, which defines war crimes, and for the violation of the provisions of section _c_, which defines crimes against humanity, and for the violations of certain provisions of international conventions, particularly of Articles 4, 5, 6, 7, 46, and 52 of the Hague Regulations, 1907, and of Articles 2, 3, 4, 6, and 31 of the Prisoner-of-War Convention, Geneva, 1929, the laws and customs of war, the general provisions of criminal law as derived from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were committed, and further as particularly defined in Article II of the Control Council Law No. 10.
The first count in the bill of indictment has been designated by the prosecution as “Slave Labor,” the second count as “Medical Experiments” and the third count as “Slave Labor and Medical Experiments upon German Nationals.” The pertinent rules of law that are applicable in this case will now be considered, and we shall consider briefly some salient precepts and prohibitions of international law up to and including the provisions of Control Council Law No. 10.
The prosecution has offered evidence which tended to show that much of the labor which supplied Germany with the tools of absolute and total war was extracted from people who had been uprooted from their homes in occupied territories and imported to Germany against their will and often under the most trying and difficult circumstances. Displacement of groups of persons from one country to another is the proper concern of international law in as far as it affects the community of nations. International law has enunciated certain conditions under which the fact of deportation of civilians from one nation to another during times of war becomes a crime. If the transfer is carried out without a legal title, as in the case where people are deported from a country occupied by an invader while the occupied enemy still has an army in the field and is still resisting, the deportation is contrary to international law. The rationale of this rule lies in the supposition that the occupying power has temporarily prevented the rightful sovereign from exercising its power over its citizens. Articles 43, 46, 49, 52, 55, and 56, Hague Regulations, which limit the rights of the belligerent occupant, do not expressly specify as crime the deportation of civilians from an occupied territory. Article 52 states the following provisions and conditions under which services may be demanded from the inhabitants of occupied countries:
1. They must be for the needs of the army of occupation.
2. They must be in proportion to the resources of the country.
3. They must be of such a nature as not to involve the inhabitants in the obligation to take part in military operations against their own country.
Insofar as this section limits the conscription of labor to that required for the needs of the army of occupation, it is manifestly clear that the use of labor from occupied territories outside of the area of occupation is forbidden by the Hague Regulations.
The second condition under which deportation becomes a crime occurs when the purpose of the displacement is illegal, such as deportation for the purpose of compelling the deportees to manufacture weapons for use against their homeland or to be assimilated in the working economy of the occupying country. The defense as contained in this case is that persons were deported from France into Germany legally and for a lawful purpose by contending that such deportations were authorized by agreements and contracts between Nazi and Vichy French authorities. The Tribunal holds that this defense is both technically and substantially deficient. The Tribunal takes judicial notice of the fact that after the capitulation of France and the subsequent occupation of French territory by the German army, a puppet government was established in France and located at Vichy. This government was established at the instance of the German Army and was controlled by its officials according to the dictates and demands of the occupying army and a contract made by the German Reich with such a government as was established in France amounted to in truth and in fact a contract that on its face was null and void. The Vichy Government, until the Allies regained control of the French Republic, amounted to no more than a tool of the German Reich. It will be borne in mind that at no time during the Vichy regime a peace treaty had been signed between the French Republic and the German Reich but merely a cessation of hostilities and an armistice prevailed, and that French resistance had at no time ceased and that France at all times still had an army in the field resisting the German Reich.
The third and final condition, under which deportation becomes illegal, occurs whenever generally recognized standards of decency and humanity are disregarded. This flows from the established principle of law that an otherwise permissible act becomes a crime when carried out in a criminal manner. A close study of the pertinent parts of Control Council Law No. 10 strengthens the conclusions of the foregoing statements that deportation of the population is criminal whenever there is no title in the deporting authority or whenever the purpose of the displacement is illegal or whenever the deportation is characterized by inhumane or illegal methods.
Article II (1) (_c_) of Control Council Law No. 10 specifies certain crimes against humanity. Among those is listed the deportation of any civilian population. The general language of this sub-section as applied to deportation indicates that Control Council Law No. 10 has unconditionally contended as a crime against humanity every instance of the deportation of civilians. Article II (1) (_b_) names deportation to slave labor as a war crime. Article II (1) (_c_) states that the enslavement of any civilian population is a crime against humanity. Thus Law No. 10 treats as separate crimes and different types of crime “deportation to slave labor” and “enslavement.” The Tribunal holds that the deportation, the transportation, the retention, the unlawful use, and the inhumane treatment of civilian populations by an occupying power are crimes against humanity.
The Hague and Geneva Conventions codify the precepts of the law and usages of all civilized nations. Article 31 of the Geneva Convention provides that labor furnished by prisoners of war shall have no direct relation to war operations. Thus the convention forbids (1) the use of prisoners of war in manufacture or transportation of arms or ammunitions of any kind; and (2) the use for transporting of matériel intended for combat units. The Hague Regulations contain comparable provisions. The essence of the crime is the misuse of prisoners of war derived from the kind of work to which they are assigned, in other words, to work directly connected with the war effort. The Tribunal holds as a matter of law that it is illegal to use prisoners of war in armament factories and factories engaged in the manufacture of airplanes for use in the war effort.
Now, considering the basic charges and the law governing the charge against the defendant in which it alleges his responsibility for and participation in the medical experiment program, the fundamental crime with which the defendant is charged in this connection is murder. Also involved are various atrocities, tortures, offenses against the person, and other inhumane acts. The provisions of Control Council Law No. 10, which are applicable to this charge, to wit, Article II, are “_b._ War crimes” and “_c._ Crimes against humanity.” The bill of indictment charges:
“A. War crimes, namely violations of the laws and customs of war as to medical experiments performed involuntarily upon persons, some of whom were prisoners of war and citizens of countries who were at war with the German Reich, and other deported citizens from other countries who were at war with the German Reich involving the commission of murders, tortures, and other inhumane acts.
“B. Crimes against humanity, namely medical experiments performed upon involuntary German nationals and nationals of other countries in the course of which brutalities, murders, and other inhumane acts were committed.”
The prosecution contends that the defendant Milch did not personally participate in or personally direct, counsel, or initiate such medical experiments but that the same was done by members of his command and that he was personally responsible for their conduct by virtue of the authority that he held over his subordinates.
In this connection in the recent case before the United States Supreme Court in re Yamashita, the opinion of which was handed down by the Supreme Court of the United States at the October term, 1945, of said Court, some of the pertinent holdings in this case are as follows:
“It is evident that the conduct of military operations by troops whose excesses are unrestrained by the orders or efforts of their commander would almost certainly result in violations which it is the purpose of the law of war to prevent. Its purpose to protect civilian populations and prisoners of war from brutality would largely be defeated if the commander of an invading army could with impunity neglect to take reasonable measures for their protection. Hence the law of war presupposes that its violation is to be avoided through the control of the operations of war by commanders who are to some extent responsible for their subordinates.
“This is recognized by the annex to Fourth Hague Convention of 1907, respecting the laws and customs of war on land. Article I lays down the condition which an armed force must fulfill in order to be accorded the rights of lawful belligerents, that it must be commanded by a person responsible for his subordinates.
“These provisions plainly imposed on petitioner, who at the time specified, was Military Governor of the Philippines, as well as commander of the Japanese forces, an affirmative duty to take such measures as were within his power and appropriate in the circumstances to protect prisoners of war and the civilian population. This duty of a commanding officer has heretofore been recognized, and its breach is penalized by our own military tribunals.
“* * * It is plain that the charge on which petitioner was tried charged him with a breach of his duty to control the operations of the members of his command, by permitting them to commit the specified atrocities. This was enough to require the commission to hear evidence tending to establish the culpable failure of the petitioner to perform the duty imposed on him by the law of war and to pass upon its sufficiency to establish guilt.”
I am of the opinion and find as a fact from the evidence in this case that the defendant Milch between the years 1939 and 1945 was State Secretary in the Air Ministry, Inspector General of the Air Force, Deputy to the Commander in Chief of the Air Force, a member of the Nazi Party. The defendant Milch was also Field Marshal in the Luftwaffe, 1940 to 1945; Air Quartermaster General, 1941 to 1944; member of the Central Planning Board, 1942 to 1945; and Chief of the Jaegerstab, 1944 to 1945.
After hearing the evidence of both the prosecution and defense, and after having heard the arguments of counsel, and after having fully considered all of the evidence, the following facts are concluded:
COUNT NO. I _SLAVE LABOR_
That the defendant, Erhard Milch, was born in Germany on 30 March 1892, that he was a member of the Air Force of the German Army in World War I and was a contemporary in said air force with Goering, Udet, and others; that after the termination of World War I he returned to Germany, had a business and later was connected with the manufacture of civilian airplanes.
Prior to the outbreak of World War II he became a member of the Nazi Party and materially aided in the rebuilding of the air force of the German Reich. Shortly prior to the outbreak of World War II he visited various countries as a personal emissary of the Fuehrer, Hitler; to France, England, Holland, Italy and other countries in an effort to establish so-called permanent peace between the German Reich and these nations. That on 23 May 1939, the defendant attended a conference for the purpose of planning World War II with the following present: Hitler, Goering, Col. Gen. von Brauchitsch, Col. Gen. Keitel, Gen. Halder, Gen. Bodenschatz, Rear Admiral Schniewind, Col. (GSC.) Jeschonnek, Col. Warlimont, Lieut. Col. Schmundt, Captain Engel, Lieut. Commander Albrecht, and Captain v. Below. At the time of this meeting the defendant held a high position in the German Army, to wit, the rank of colonel general.[166]
At this meeting the Fuehrer, Hitler, gave his plan of aggressive war, and in this plan was included the attack of Poland at the first suitable opportunity; what the struggle would be like; the question of a short or long war; England’s weakness; the consequences of such a war; the unrestricted use of all resources available; the plan of attack; and the working principles of an entire and complete program. Aggressive war was planned and initiated at this meeting, and the defendant was one of the high-ranking officers who counseled and approved of the plan.
After the outbreak of the war and the subsequent attack on Poland, the defendant actively participated in the prosecution of aggressive war until after the capitulation and fall of France. From that time on he did not participate as a combat officer but was used in the general economy for the prosecution of war in Germany, and particularly as to the building and maintenance of the Luftwaffe. Later he was elevated to the rank of field marshal in the Luftwaffe and was second in command only to Goering.
The defendant was a member of the Central Planning Board which was established and organized in April 1942, and said organization served as a means of consolidating in a single agency all controls over German war production. The Central Planning Board held regular meetings, and the defendant presided over and was present at a majority of such meetings. The Central Planning Board at each meeting kept full minutes, and a great number of said minutes have been submitted to the Tribunal and reflect the fact that the defendant had a dominant role in the meetings of said board. The scope and authority of the Central Planning Board is contained in the minutes of a meeting held on 27 April 1942, and the duties and responsibilities of the board, according to said minutes, were announced as follows:
“The Central Planning in the Four Year Plan (Decree of the Reich Marshal of Greater Germany of 22 April 1942) is a task for leaders. It encompasses only principles and executive matters. It makes unequivocal decisions and supervises the execution of its directives. The Central Planning does not rely on anonymous institutions difficult to control but always on individuals and fully responsible persons who are free in the selection of their work methods and their collaboration as far as there are no directives issued by the Central Planning.”
On 20 October 1942, the statutes of the Central Planning Board were published and distributed, a portion of which are as follows:
“The Central Planning Board, created by the Fuehrer and the Reich Marshal in order to unify armament and war economy, deals only with the decision of basic questions. Professional questions remain the task of the competent departments, which in their field remain responsible within the framework of the decisions made by the Central Planning Board.”
The Central Planning Board was superior to “the highest Reich authority, the Reich protector, the Governor General, and the executive authorities in the occupied countries.”
The International Military Tribunal found that the Central Planning Board “had supreme authority for the scheduling of German production and the allocation and development of raw materials.” The International Tribunal found further in its opinion, in the case of United States vs. Goering and others, “that the Central Planning Board requisitioned labor from Sauckel with full knowledge that the demands could be supplied only by foreign forced labor and that the board determined the basic allocation of this labor within the German war economy.” The International Military Tribunal found further in its opinion the following:
“In the fall of 1943 Funk (who was then indicted before said Tribunal in regard to deportation and the use of foreign forced labor in the German Reich) was a member of the Central Planning Board which determined the total number of laborers needed for German industry, and required Sauckel to produce them, usually by deportation from occupied territories * * * but Funk was aware that the board of which he was a member was demanding the importation of slave laborers, and allocating them to the various industries under his control.”
The prosecution offered evidence which tended to show that Albert Speer was the Plenipotentiary for Armament and was the nominal head of the Central Planning Board and that the defendant was a member of said board and was, by the order of Hitler, assigned to assist Speer as the head of said board. During much of the time of the existence of said board Speer was ill and unable to attend the meetings and look after the duties of the board and during this time the defendant was the acting head of said board and presided over its meetings as chairman.
Fritz Sauckel was Plenipotentiary for Labor and was directly responsible for the procurement and allocation of labor to the various war industries. However, the Tribunal finds as a fact that although Sauckel had the primary duty of procuring and allocating labor, the Central Planning Board on many occasions, as the minutes of the meetings of said board show, called Milch into conference with the members of the Central Planning Board and in such conferences labor was assigned and allocated by the Central Planning Board and Sauckel. The minutes of the Central Planning Board, as introduced by the prosecution, show that the members of the Central Planning Board knew and discussed the fact that labor was being deported from occupied countries against their will and were being used in various factories manufacturing armaments, airplanes, and other articles essential and necessary to the war effort, that such foreign workers were being forcibly taken from their homes without knowledge of their destination, and by force and against their will, crowded into box cars without food or water or toilet facilities, transported great distances, and forced to work in factories manufacturing war materials and other necessary items for the prosecution of the war as slave laborers.
I find as a fact that the defendant Milch had knowledge of the way and manner in which such labor was procured and the work that they were forced to do, and that he aided, abetted, counseled, advised, and assisted in the deportation, allocation, and work of said slave laborers.
The documents and reports of the meetings as offered by the prosecution are too voluminous to incorporate herein, but said records clearly show that the defendant was one of the authorized agents who dealt with the procurement, deportation, and work of thousands and thousands of slave laborers from occupied countries.
_JAEGERSTAB_
I find as a fact that it was the defendant who conceived and instigated the formation of the Jaegerstab, and that the defendant directed its activities and acted as its chairman. The Jaegerstab assumed control over fighter production and exploited foreign forced labor in the armament industry and directed the use of the same. The Jaegerstab was assigned top priority for their projects, for the recruitment and commitment of manpower in the air armament industry. From the meetings of said board as offered in evidence by the prosecution, the question of manpower was time and time again referred to by the defendant. When other methods of obtaining its labor was not forthcoming, the Jaegerstab recruited its own labor either directly or by engineering snatching expeditions for the seizure of manpower arriving on transports from the East.
At one of the meetings of the Jaegerstab, Prosecution Exhibit 54, page 28, the defendant made this statement to his subordinates, that “international law cannot be observed here.” When the question of Italian civilian labor was being discussed at a meeting of the Jaegerstab, the defendant made the statement and advocated the shooting of those who attempted to escape in transit.
I find as a fact that the Jaegerstab was not a mere discussion group but was an agency with absolute authority over fighter production and acted by orders and directives, fixed hours of labor and conditions of work, and on one occasion fixed the established hours of work per week in the aircraft industry at seventy-two hours.
Much of the labor employed by the Jaegerstab in aircraft production and in the air armament industry was from concentration camp inmates and foreign forced labor. The defendant was well acquainted with the procurement and allocation of this labor.
I find as a fact, from the evidence offered in the case, that after the arrival of forced slave labor from occupied countries they were poorly fed, poorly clothed, were forced to work an excessive amount of hours each week, and that their general condition and treatment as a result of such forced labor resulted in the death of a great many and the permanent disability of others, both in body and in mind.
_GENERALLUFTZEUGMEISTER_
I find as a fact from the evidence offered in the case, that the defendant, as Generalluftzeugmeister, had complete control of aircraft production and that he requisitioned labor for the aircraft industry with knowledge of the brutal and inhuman techniques in recruiting these laborers; and that he gave directives for the criminal treatment of the same in the centers of production. Fritz Sauckel, Plenipotentiary for Labor, stated that it was “Milch who produced manpower figures for aviation.” Albert Speer testified as follows: “The requests of the air armament industry for laborers were presented by Milch, and he did not permit anyone to take this right away from him until March 1944.”
I find as a fact from the evidence offered on the part of the prosecution, that prisoners of war were included in the manpower that the defendant was requisitioning and distributing to the aircraft industry with full knowledge that they were prisoners of war. As chief of aircraft production, the defendant regulated the treatment of foreign forced labor in the German aircraft industry, fixed hours of labor and conditions of work, and by directives to his subordinates formulated the basic policy for the handling of such labor within the industry.
The evidence presented by the prosecution tended to show that the defendant advocated the most extreme measures in dealing with foreign forced labor, inhuman measures which violated every recognized principle of decency. When foreign forced laborers refused to work, the defendant ordered that they be shot. When they attempted to revolt the defendant directed that some of their numbers be killed, regardless of their personal guilt or innocence. In the case of prisoners of war who attempted to escape, the defendant ordered that these prisoners be shot and later hanged in the factory for all to see. On one occasion the defendant made the following statement, Prosecution Exhibit 145:
“The other day I talked to Himmler about it, and I told him that his main task should be to see to the production of German industry in case of internal uprisings of the foreign workers. I said that consequently a well established method should exist, and I have already given orders to the Chief A. W.[167] and to the training stations to get military training in this field. If, for instance, in the Locality X an uprising is started, then a sergeant with a few men, or else a lieutenant with thirty men has to turn up in the plant, and first of all shoot into the crowd with a machine gun. What he should do after is to shoot down as many people as possible in case of revolt. I have given orders to that effect, and even if our own foreign workers are involved—and then every tenth man is to be singled out and shot while the others are lined up and see him.”
On another occasion, Prosecution Exhibit 148, when the defendant was speaking of the treatment of foreign workers, he made the following statement.
“In all these matters energetic interference must be made. I am of the opinion that there should be only two types of punishment in such cases; firstly, a concentration camp for foreigners, and secondly, capital punishment.”
The prosecution offered a great number of documents containing statements made by the defendant in regard to orders and threats of violence, for mistreatment and punishment, tortures, killings, and hangings of foreign workers. Space is too short to quote in this judgment all of such pertinent documents.
Although the defendant denied making a number of these statements appearing in the documents, he admitted the authenticity and utterances of many, with the excuse that he was a man of very violent temper, who, when worried from overwork, was not wholly responsible for many utterances made by him. He protested further that he did not actually mean nor intend for orders given in such fits of temper to be carried out, but they were simply the result of uncontrolled anger, and understood by his associates and subordinates to have been uttered in such vein. In further extenuation he declared that head injuries resulting from two serious accidents were largely responsible for such uncontrollable temper.
I have given due consideration to the explanation given by the defendant and am compelled to reject it. If but only a few of such remarks could be attributed to the defendant, his protestations might be given some credence; but when statements such as appear in the documents have been persistently made over long periods of time, at many places and under such varying conditions, the only logical conclusion that can be reached is that they reflect the true and considered attitude of the defendant toward the Nazi foreign labor policy and its victims and are not mere aberrations brought on by fits of uncontrollable anger. I find as a fact, therefore, that the true attitude of the defendant toward foreign laborers and prisoners of war is that reflected in the documents of the prosecution and was not the result of uncontrollable fits of temper. I find, further, that the defendant ordered, advised, counselled, and procured inhumane and illegal treatment of foreign workers resulting in permanent injury and death to many.
COUNT NO. 2 _MEDICAL EXPERIMENTS_
The prosecution contends that in violation of the laws of war and of crimes against humanity, high-altitude and freezing experiments were carried out by the Luftwaffe physicians at Dachau, and that said physicians who conducted such experiments were under the command of and subordinate to the defendant Milch.
I am of the opinion from the evidence offered on the part of the prosecution that illegal and inhuman medical experiments were conducted at Dachau by Luftwaffe physicians who were under the command and subordinate to the defendant Milch and from which a great number of deaths ensued to concentration camp inmates and that great pain and suffering and permanent disability resulted to many others. I find as a fact from the evidence offered on the part of the prosecution that Dr. Erich Hippke was the Medical Inspector of the Luftwaffe and was the direct subordinate of the defendant Milch; that Hippke gave authority and ordered Dr. Rascher, a Luftwaffe physician, in the early spring of 1941 to use concentration camp inmates and prisoners of war as high-altitude experimental subjects for the benefit of the Luftwaffe. I further find, as a fact, that the witness Hippke at no time communicated this information to the defendant Milch, nor has the prosecution offered any direct evidence to the effect that the defendant Milch knew that such experiments had been conducted until after their completion. All of the testimony and the evidence, both for the prosecution and the defense, is to the effect that the defendant Milch did not have such knowledge of the high-altitude or low-pressure experiments which were carried out and completed by Luftwaffe physicians at Dachau until after the completion of such experiments. The evidence offered as to the knowledge or responsibility of the defendant Milch was not of such a nature as to show guilty knowledge on his part of said experiments.
As to the cooling or freezing experiments performed at concentration camp, Dachau, for which the defendant is charged with responsibility, I find as a fact that the defendant ordered experiments to be conducted at the camp for the benefit of the Luftwaffe. In a letter from Milch to Obergruppenfuehrer Wolff of the SS, dated 20 May 1942, the following is stated:
“In reference to your telegram of 12 May our medical inspector reports to me that the altitude experiments carried out by the SS and Luftwaffe at Dachau have been finished. Any continuation of these experiments seems essentially unreasonable. However, the carrying out of experiments of some other kind in regard to perils at high sea would be important. These have been prepared in immediate agreement with the proper offices. Oberstabsarzt Weltz will be charged with the execution and Stabsarzt Rascher will be made available until further order in addition to his duties with the medical corps of the Luftwaffe. A change of these measures does not appear necessary and an enlargement of the task is not considered pressing at this time.”
Further evidence makes it manifestly plain that subsequent to the receipt of the letter of Wolff, officers of the Luftwaffe, under the command and subordinate to the defendant, conducted medical experiments on concentration camp inmates at Dachau, against their will, by placing such experimental subjects in tanks of water of freezing temperatures, and requiring them to remain there for long periods of time while certain medical data concerning such subjects was gathered; and that as a result of such experiments, many of the human subjects died or were gravely injured.
The defendant admits giving orders for the conduct of experiments within the scope of the authority conferred by the letter, but contends that he did not know of, or contemplate, that the experiments would be conducted in an illegal manner or would result in the injury or death of any person. The defendant further asserts that he did not know or have any reason to believe that the experiments were conducted in such manner until after they had been completed. He therefore insists that he was and is not responsible for the unlawful manner in which the experiments were actually conducted by the Luftwaffe officers, and that he is not guilty of any crime as a result thereof.
The Tribunal, in its majority opinion, has fully considered the decision of the United States Supreme Court in the judgment in re Yamashita, and has found that said decision is not controlling in the case at bar. In weighing the evidence, the Tribunal was mindful of the fact that the defendant gave the order and directed his subordinates to carry on such experiments, and that thereafter he failed and neglected to take such measures as were reasonably within his power to protect such subjects from inhumane treatment and deaths as a result of such experiments. Notwithstanding these facts, the Tribunal is of the opinion that the evidence fails to disclose beyond a reasonable doubt that the defendant had any knowledge that the experiments would be conducted in an unlawful manner and that permanent injury, inhumane treatment or deaths would result therefrom.
Therefore, the Tribunal found that the defendant did not have such knowledge as would amount to participation or responsibility on his part and therefore found the defendant not guilty on charges contained in count 2.
CONCLUSIONS
(1) I concur in the opinion of the Tribunal that war crimes and crimes against humanity were committed by the defendant, including deportation, enslavement, and mistreatment of millions of persons; and that as a result thereof and in furtherance of such treatment, murders, brutalities, cruelties, tortures, atrocities, and other inhumane acts were committed in a large scale measure upon citizens of occupied countries, prisoners of war, Jews, and other nationals. I agree further that the defendant was a principal in, accessory to, ordered, abetted, and took a consenting part therein. I also agree that for such acts and conduct on the part of the defendant, he is guilty of charges contained in count number one of the indictment.
The evidence produced during the trial upon the charges contained in this count showed conclusively that countless millions of persons were unlawfully deported, enslaved, and murdered. Especially were the Jews mistreated, tortured and murdered merely because they were Jews and their extermination desired. History discloses the fact that as early as the year 1349 in the city of Nuernberg, and within sight of where this opinion is being written, the citizens of Nuernberg drove the Jews from their city, confiscated their property, and erected a market place on the site of the Ghetto and the Liebfrauenkirche in place of the Synagogue. The hatred of the Aryan German for the Jew seems to have been constant during the many intervening years. History will record such conduct as a blot upon the name of the present German generation for many years to come.
(2) The Tribunal found the defendant not guilty of the charges contained in count number two, and I concur in such finding.
Under the American concept of liberty, as brought to us by our Anglo-Saxon heritage and the English Common Law, every person accused of crime is presumed to be innocent until proof of his guilt is established by the evidence and beyond a reasonable doubt. This presumption follows him throughout the trial and until he is found guilty beyond a reasonable doubt. In applying this God-given principle of liberty, one eminent American jurist uttered the following words:
“After considering and weighing all of the evidence you then find that your minds are disturbed, your convictions tempest-tossed, and your judgment, like the dove of the deluge, finds no place to rest; the law says you must acquit.”
The defendant was given the full benefit of these great and lasting rules of law and has received at the hands of the Tribunal a fair and impartial trial in full accord with the American concepts of justice under the law.
(3) Count three of the indictment charges the defendant with crimes against “German nationals and nationals of other countries.” I am of the opinion that sufficient evidence was not produced by the prosecution to justify an adjudication by the Tribunal of guilt as to German nationals alone. However, as to such crimes against nationals of other countries, the Tribunal has heretofore considered such charges and has made an adjudication concerning the same in count number one of the indictment. The conclusion of the Tribunal is that the same unlawful acts of violence which constituted war crimes under count one of the indictment also constitute crimes against humanity as alleged in count three of the indictment. Therefore, the Tribunal found the defendant guilty of crimes against humanity under count three, with which finding I concur.
In weighing the evidence, the Tribunal simulated the ancient customs of using the seed of the oriental carob tree to balance the scales of justice. The defendant should not now complain.
Therefore, for the reasons stated, I am in full agreement with the judgment of the Tribunal and concur therein.
Respectfully submitted this the 15th day of April, 1947 [Signed] FITZROY D. PHILLIPS Fitzroy D. Phillips Judge, Military Tribunal No. II
[166] See Table of Comparative Ranks, p. 331.
[167] Chef Ausbildungswesen (Chief of Training).
VIII. PETITIONS
A. Extract from Petition for Clemency to Military Governor of United States Zone of Occupation
Nuernberg, 2 May 1947
To the Military Governor
PETITION
of
Attorney-at-law Dr. Friedrich Bergold, Nuernberg, Prinzregenten-Ufer 7/III, Defense Counsel, Military Court II
Nuernberg
in Case II against the defendant Erhard Milch, General Field Marshal, at present in the Court Prison, Nuernberg, to modify the sentence of the Military Court II
Nuernberg
on 16/17 April 1947.
* * * * *
A
The sentence passed on counts I and III contains actual inaccuracies, which are inconsistent with the recorded evidence. Obviously, these errors have had an influence on the sentence as far as the award of punishment is concerned. A correction of these errors would necessarily lead to a less severe sentence.
1. The statements on page 3 of the judgment that Milch since 19 November 1941 was the second highest commander of the Luftwaffe is not in agreement with the evidence. The witnesses have testified that from 1938-1941 Milch held only one of the four highest commanding posts under Goering, and since 1941 two of the four highest Luftwaffe commanding posts. Only in regard to seniority he was the oldest officer of these four highest commands. This is important because evidence has been given for the fact that the general staff of the Luftwaffe had the responsibility for the armament program of the Luftwaffe.
2. It is not consistent with recorded evidence that the Central Planning Board had been created by a decree of the Fuehrer of 29 October 1943. It has been proved by the statement of Speer that the decree of 29 October 1943 was a decree issued by Speer a long time after the creation of the Central Planning Board and without authorization of the defendant Milch. Since this decree was issued by Speer for his sphere of administration only, no conclusion can be drawn therefrom against the defendant.
3. It is not consistent with recorded evidence that the Court finds that the Central Planning Board handled the labor problem as such. Exhibit 151 of the prosecution proved the opposite. The witnesses who have been heard have confirmed that the Central Planning Board handled the labor problem only for information purposes for the distribution and production of raw materials and in order to clarify the untrue statements of Sauckel. This Exhibit 151 constitutes essential new evidence which is of greatest importance in regard to the verdict of the International Military Tribunal.
4. It is not consistent with recorded evidence that the defendant had admitted having seen Russian prisoners of war at service at 8.8 and 10.5 cm. antiaircraft guns in aircraft factories in Luftgau 7. The witness Vorwald made this statement on the basis of his own observation.
It has been proved that Milch had nothing to do with the allocation of Russians to the antiaircraft artillery (flak), and that he declared himself against it.
5. It is not consistent with recorded evidence that Milch said that Russian prisoners of war had volunteered for work in war plants. What he did state—and this was in agreement with the witnesses Vorwald and Foerster—was that Russian prisoners of war had volunteered for service at the antiaircraft artillery (flak), with the reservation that they would not be used for combatting Russian airplanes. This condition was fulfilled. Thus, there is no question of an inadmissible use of prisoners of war for war service.
6. It is not consistent with recorded evidence that Sauckel, the Plenipotentiary for the Allocation of Labor, participated in at least 15 sessions of the Central Planning Board. Only 15 minutes concerning the sessions [minutes of 15 sessions] of the Central Planning Board have been submitted. These minutes prove that Sauckel was not present at most of these sessions.
7. It is not consistent with recorded evidence that the defendant was informed about the methods employed and the cruelties on the occasion of the recruiting and utilization of foreign workers. All witnesses who have been heard have stated the opposite. It is therefore not permissible to assume without the basis of exact proof that Milch was informed about these matters. The Court concludes from the fact that foreign workers and prisoners of war had been used that Milch must necessarily have recognized that the methods must have been cruel. Speer has stated explicitly that the cruel methods were not necessary and that, therefore, they were an error. But if they were not necessary then the conclusion drawn from them without any explicit proof was not permissible.
8. It is not consistent with recorded evidence that 100,000 Polish prisoners of war were deported to concentration camps. The opposite has been proved, viz., that Polish prisoners of war, in accordance with the agreement between Russia and Germany were released from captivity and employed as civilians.
9. It is not consistent with recorded evidence that Romanian nationals were subjected to deportation. Not one single piece of evidence for that has been submitted. Romania was mentioned by the defense only in connection with the armistice agreement between Russia and Romania.
10. It is not consistent with recorded evidence that Milch used Hungarian Jews. It is proved by the evidence that this did not happen before the summer of 1944 when Milch had resigned from his positions.
11. It is not consistent with recorded evidence that the Schmundt minutes must be correct, for the reason that if any allusion to a war had been omitted, Hitler would not have spoken at all. It has been proven that Hitler spoke merely theoretically about the world situation in case there should be a war at some time. He did not mention that he wanted to foment aggressive wars.
B
The judgment states that the defendant recommended more drastic and more cruel measures in regard to the recruiting and utilization of workers. (Page 18 of the judgment.)
This is in discrepancy with the recorded evidence.
Here the defense does not argue about the separate reasons given by Judge Michael A. Musmanno, since these reasons do not constitute the official judgment. These reasons also contain factual errors and even use material which has not been discussed during the trial.
These separate reasons, however, make it possible to draw a conclusion in regard to the sentence of the judgment which states that the defendant recommended more drastic and more cruel measures.
It has been proved through the evidence that utterances to that effect were made by the defendant only in smaller circles and while he was in a state of excitement. It has been proved that no action was ever taken in conformity with these utterances. It has been proved that the defendant never asked for action pursuant to such utterances. It has been proved that he did not have any executive power in regard to any measures whatsoever. It has finally been proved that the record concerning such utterances must in part be incorrect.
Therefore, it has not been proved that the defendant approved such cruelties or demanded them in earnest.
C
The objection must be raised that the Military Tribunal did not clarify at all the legal questions which were raised by the defense in connection with the fact that the Russian Government has explicitly renounced the Hague Convention concerning Land Warfare and the previous Geneva Conventions. Since the Decree Number 7 of the Military Government for Germany provides, in Article XV, that reasons have to be given for the sentence, the Tribunal would have had to state its position in regard to these questions. This also constitutes a defectiveness of the verdict and this defect may possibly have had an influence on the award of the punishment.
D
The Military Tribunal has extensively referred on page 14 and 15 to the verdict of the International Military Tribunal against Speer. The Tribunal has therefore made the reasons of the International Military Tribunal its own to a large extent.
But consequently the Military Tribunal would have had to examine the problem of extenuating circumstances. The defense has already pointed out that the fact that he organized protected factories constituted for Speer an extenuating circumstance. During the trial it has been clearly proved that Milch was the first who already in 1941 organized protected factories, and that he was, therefore, the inventor of this kind of employment.
The problem of extenuating circumstances involves further the examination of the question, whether Milch had more to do with the utilization of foreign workers and prisoners of war than Speer. This examination was omitted. Exhibit Milch 55 and also all the evidence proved that Speer’s participation in the utilization of foreign workers and prisoners of war was considerably more extensive.
If the Tribunal had examined the extenuating circumstances, then the result would undoubtedly have been that the defendant would have been allowed extenuating circumstances on a large scale. Due to the fact that the responsibility of Speer was greater than that of Milch, Milch should not have received a more severe sentence than Speer.
Consideration should also have been given to the fact that it was proved that Milch continually advocated restrictions in the employment of foreign workers and of prisoners of war, and that he did indeed succeed in achieving such restrictions.
Finally, consideration should also have been given to the fact that Milch withdrew from his positions as early as spring and summer 1944, and that he had nothing to do with the extraordinary aggravation of all conditions which took place toward the end of the war.
This weighs more than what Speer did—the nonexecution of some insane orders which Hitler issued at the end of the war in 1945.
This consideration too should have led the Tribunal to a much less severe sentence. The fact that this was not taken into consideration is therefore made a part of this petition.
(Signed) DR. BERGOLD
B. Petition to the Supreme Court of the United States for Writ of Habeas Corpus
Erhard Milch, Petitioner _vs._ United States of America
Nuernberg, 2 May 1947
IN THE SUPREME COURT OF THE UNITED STATES
Application for Leave to File Petition for Writ of Habeas Corpus
Petition for Writ of Habeas Corpus
I, the undersigned Erhard Milch, have been charged in Case No. II before the Military Court No. II Nuernberg of illegally, deliberately, and intentionally having committed war crimes and crimes against humanity, as defined in Control Council Law No. 10 Article II, viz. the following:
_Count One of the Indictment._ War crimes, including murder, slave labor, deportation of the civilian population for slave labor, cruel and inhuman treatment of foreign workers, and the employment of prisoners of war by force and duress in actions connected with warfare.
_Count Two of the Indictment._ War crimes, including murder, whereby involuntary victims were exposed to sub-pressure and cold, experiments resulting in torture and death.
_Count Three of the Indictment._ Crimes against humanity, including murder and the unlawful acts listed in counts one and two of the indictment, committed against Germans and foreigners.
(page 2 of original)
I have been acquitted on count II of the indictment and found guilty by the sentence passed by the Military Court II on 16/17 April 1947 in respect of counts I and III of the indictment, and am condemned therefore to lifelong imprisonment.
I hereby make application for the sentence of the Military Court II passed on 16/17 April 1947 to be completely quashed, as being inadmissible according to Articles 63 and 64 of the Geneva Convention of 1929.
_Substantiation_
Decree No. 7 of the Military Government of Germany concerning the constitution and competency of certain military courts, constitutes a violation of Article 63 of the Geneva Convention of 1929, insofar as Decree No. 7 is applied to prisoners of war as well, and in its Article II appoints special courts for passing sentences on prisoners of war. Article 63 of the Geneva Convention of 1929 lays down, “Sentence against a prisoner of war may only be passed by the same courts and according to the same procedure as a sentence against persons belonging to the fighting forces of the country where he is a prisoner”. A field marshal is equal to a five-star general of the United States of America. The present Court consisted of three judges, of which not one has the military rank which I have. It therefore does not correspond to the court which, according to the laws of the United States of America, could pass sentence on a five-star general. The authority of the present Court is, however, expressly recognized by me.
Furthermore, Decree No. 7 of the Military Government of Germany constitutes a violation in Article XV of Article 64 of the Geneva Convention of 1929, because Article XV declares the sentence of the court in finding the defendant guilty, to be final and incontestable. Article 64 of the Geneva Convention of 1929 stipulates that prisoners of war must be allowed to employ the same legal means against a verdict as are granted to members of the fighting forces
(page 3 of original)
of the country where they are detained.
The rules laid down by the Geneva Convention of 1929 represent compulsory international law of a universal character and cannot be altered either by a signatory power alone or by an agreement between several signatory powers, but only by the consent of all signatory powers. In no case may they be altered by a decree of Military Government, not even by a decree of the Control Council. The rights of a prisoner of war, which are based upon the regulations of the Geneva Convention of 1929, can neither be waived nor cancelled.
The violation of the regulations of the Geneva Convention has now come about with the passing of sentence and the now existing restrictions placed in the way of contesting the verdict, not already by the trial as such.
I am still a prisoner of war. I have not been released from captivity. I am therefore still under the protection of the Geneva Convention, the same as before.
The violation of the Geneva Convention is all the more serious, in that I am still a prisoner of war of the British. True, the defense counsel was told at the beginning of the trial in reply to an express question, that my transfer to the jurisdiction of the United States of America was already effected, but it was not proved until the conclusion of the passing of sentence. That should have been absolutely necessary.
After the serving of the indictment and the beginning of the actual trial, an attempt was made on 4 January 1947 to gain my veiled consent to my release without saying anything, whereby I was asked to accept release money. On the receipt, however, I expressly noted, “Without recognizing my release”. I declared that release by American officers was not
(page 4 of original)
permissible at that moment and moreover a German field marshal could not be released in any case under existing German law.
After this explanation on my part, the American major conducting the proceedings revealed to me that another separate release proceeding would have to be carried out against me then.
Thereby it is clear that I am still a prisoner of war today. At any rate, I was when the trial begun and therefore in accordance with Article 60 of the Geneva Convention the protecting power for German prisoners of war, viz., Switzerland, should have been informed of the proceedings. This too constitutes a violation of the Geneva Convention of 1929. If the public prosecution authorities, however, were to refer to the fact that I was released after the trial had begun, then they should be confronted with the assertion that such a release is invalid. It would represent nothing but an evasion of the regulations of the Geneva Convention of 1929. I was not set at large for a single day. But that is demanded by a release from captivity as a prisoner of war. A release from captivity as a prisoner of war while maintaining captivity would be a release in fraudem legis.
Therefore the sentence constitutes a violation of international law. At the same time this violation is also a violation of the Habeas Corpus Act. None, under whatever pretext, may be deprived of the rights of legal proceedings and of a legal judge.
I therefore request the Supreme Court in Washington to examine whether the Decree No. 7 of the Military Government of Germany may be applied in my case, and whether, with due regard to the regulations of Article 60-65 of the Geneva Convention, the present Military Court II
(page 5 of original)
Nuernberg was in a position to pass sentence on me.
Furthermore I enclose a copy of my petition to the Governor-General [Military Governor of U. S. Zone of Occupation].
[Signed] ERHARD MILCH
[Note: Another petition with the same text was submitted to the United States Supreme Court by Dr. Bergold, Defense Counsel.]
IX. AFFIRMATION OF SENTENCE BY THE MILITARY GOVERNOR OF THE UNITED STATES ZONE OF OCCUPATION
Military Tribunal II, Case No. 2
In the Case of
The United States of America
_vs._
Erhard Milch, Defendant
_Order with Respect to Sentence_
In the case of the United States of America against Erhard Milch, tried by United States Military Tribunal II, Case 2, Nuernberg, Germany, the defendant on 17 April 1947 was sentenced by the Tribunal to be transported to the Rebdorf Prison and there confined for the remainder of his natural life. A petition to modify the sentence, filed on behalf of the defendant by Dr. Friedrich Bergold, his defense counsel, has been referred to me pursuant to delegation by the Military Governor under the provisions of Article XXIII of Military Government Ordinance No. 7 and paragraph 6_b_ of Regulation No. 1 under said Ordinance. I have duly considered the petition and the record of the trial, and in accordance with Article XVII of said Ordinance and paragraph 6_b_ of said Regulation it is hereby ordered that—
The sentence imposed by Military Tribunal II, upon Erhard Milch be, and hereby is, in all respects affirmed.
[Signed] FRANK A. KEATING FRANK A. KEATING Major General USA Deputy Military Governor 17 June 1947
X. ORDER OF THE UNITED STATES SUPREME COURT, 20 OCTOBER 1947, DENYING WRIT OF HABEAS CORPUS
Present: Mr. Chief Justice Vinson, Mr. Justice Black, Mr. Justice Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Murphy, Mr. Justice Jackson, Mr. Justice Rutledge, and Mr. Justice Burton.
No. 50, Misc. Erhard Milch, petitioner, _vs._ The United States of America. The motion for leave to file petition for writ of habeas corpus is denied. Mr. Justice Black, Mr. Justice Douglas, Mr. Justice Murphy, and Mr. Justice Rutledge are of the opinion that the petition should be set for hearing on the question of the jurisdiction of this Court. Mr. Justice Jackson took no part in the consideration or decision of this application.
APPENDIX
List of Witnesses in Case 2
[NOTE.—With the exception of Constantin von Neurath, Erich Raeder, and Albert Speer, all witnesses in this case appeared before the Tribunal. Prosecution witnesses are designated by the letter “P,” defense witnesses by the letter “D”, Tribunal witness by the letter “T”. The name not preceded by any designation represents the defendant testifying in his own behalf. Extracts from testimony in this Case are listed in the index of documents and testimonies.]
Name │ Date of Testimony │ Pages │ │ (mimeographed │ │ transcript) D ALEXANDER, Dr. Leo │14 Feb 47 │1074-1092 D BECKER-FREYSENG, Hermann │14 Feb 47 │1061-1066 D BRANDT, Rudolf │24 Feb 47 │1330-1354 D BRAUCHITSCH, Berndt von │20 Feb 47 │1271-1289 D DORSCH, Xaver │24 Feb 47 │1361-1379 D ENGEL, Gerhard │24 Feb 47 │1355-1361 D ESCHENAUER, Artur │13 Feb 47 │980-996 D FELMY, Helmut │20 Feb 47 │1290-1296 P FERRIER, Roland │5, 6 Mar 47 │1481-1548 D FOERSTER, Helmut │12 Feb 47 │915-938 D HERTEL, Walter │12 Feb 47 │944-979 D HIPPKE, Erich │7, 11 Feb 47 │759-870 D KOENIG, Max │17 Feb 47 │1189-1204 D KOERNER, Paul │5 Feb 47 │652-710 P KRYSIAK, Joseph │21 Mar 47 │2362-2376 P LE FRIEC, Paul │6 Mar 47 │1550-1584 T LICHTENSTEIN, Walter │3 Mar 47 │1428-1432 MILCH, Erhard │11, 12, 13, 14, 17, 18,│1696-2276 │ 19, 20 Mar 47 │ D NEFF, Walter │12 Feb 47 │939-943 D NEURATH, Constantin von │19 Feb 47 │1440-1443 D PENDELE, Max │18 Feb 47 │1205-1227 D RAEDER, Erich │4 Mar 47 │1434-1439 D REINECKE, Hermann │20 Mar 47 │2277-2287 D RICHTER, Karl Eitel │11 Feb 47 │871-900 D ROEDER, Manfred │3 Mar 47 │1381-1403 D ROMBERG, Hans Wolfgang │14 Feb 47 │1021A-1050 D RUFF, Siegfried │14, 17 Feb 47 │1092-1122 D SCHMELTER, Fritz │6, 7 Feb 47 │717-759 D SCHNIEWIND, Otto │24 Feb 47 │1307-1329 D SCHROEDER, Oskar │ │(withdrawn) D SIEVERS, Wolfram │14 Feb 47 │1050-1057 D SPEER, Albert │17, 19 Feb 47 │1136-1186; 1445-1457 D VORWALD, Wolfgang │10, 11, 20, 21 Mar 47 │1586-1696; 2287-2340 D WARLIMONT, Walter │20 Feb 47 │1296-1299 D WELTZ, Georg August │14 Feb 47 │1066-1072 D WOLFF, Karl │18 Feb 47 │1228-1268
INDEX OF DOCUMENTS AND TESTIMONY
Document No. Exhibit No. Description Page EC-68 Pros. Ex. 6 Letter from the Ministry of Finance 389 and Economics of Baden, 6 March 1941, containing directives regarding the treatment of Polish farm workers. EC-194 Pros. Ex. 8 Memorandum of Keitel, 31 October 1941, 393 concerning the use of PW’s in the armament industry. F-824 Pros. Ex. 57 Order of Field Marshal von Kluge 542 regarding compulsory recruitment of labor in the West, 25 July 1944. L-61 Pros. Ex. 20 Letter from Sauckel to the presidents 413 of Labor Offices, 26 November 1942, concerning deportation and employment of Poles and Jews. L-79 Pros. Ex. 3 Extract from minutes of Fuehrer 387 conference, 23 May 1939. NI-1098 Pros. Ex. 63 Extracts from affidavit of Fritz 456 Sauckel, 22 September 1946, regarding the jurisdiction of the Central Planning Board. NO-219 Pros. Ex. 83 Letter from Dr. Rudolf Brandt to Dr. 626 Rascher, 27 April 1942, concerning medical experiment report for Himmler and Milch. NO-261 Pros. Ex. 89 Letter from Milch to Dr. Hippke, 4 626 June 1942, concerning availability of low pressure air chamber for experiments. NO-262 Pros. Ex. 119 Letter from Dr. Hippke to SS 631 Obergruppenfuehrer Wolff, 6 March 1943, concerning Rascher’s transfer to the Waffen SS. NOKW-017 Pros. Ex. 54 Extracts from the minutes of the 527 conference with Air Force Engineers and Chief Quartermasters under chairmanship of Milch, 25 March 1944. NOKW-041 Pros. Ex. 113 Sworn statement by Hermann Goering, 27 625 September 1946, concerning Milch’s position as Inspector General of the Luftwaffe. NOKW-180 Pros. Ex. 155 Extracts from stenographic notes on 613 the conference at the Reich Marshal’s on Thursday, 4 November 1943, 11 o’clock at the Junkers Plant in Dessau. NOKW-195 Pros. Ex. 143 Extracts from stenographic minutes of 608 conference with Goering, 28 October 1943. NOKW-245 Pros. Ex. 157 Extracts from stenographic minutes of 606 conference with Goering, 22 February 1943, regarding plans for airplane construction. NOKW-247 Pros. Ex. 61 Appointment of Field Marshal Milch as 540 Goering’s plenipotentiary for the intensification of air force armament in June 1944. NOKW-261 Pros. Ex. 70 Chart of the organization of the 535 Jaegerstab drawn by Saur with letter of transmittal to prosecution staff, 14 November 1946. NOKW-266 Pros. Ex. 76 Affidavit of Fritz Schmelter, 19 559 November 1946, concerning the organization of the Jaegerstab. NOKW-269 Pros. Ex. 59 A short curriculum vitae of Field 633 Marshal Erhard Milch. NOKW-286 Pros. Ex. 144 Extracts from stenographic minutes of 605 GL-Conference, 1 September 1942. NOKW-287 Pros. Ex. 49 Letter from Milch to Sauckel, 8 April 499 1943, concerning the protection of industry. NOKW-311 Pros. Ex. 62 Extract from interrogation of Hermann 597 Goering on 6 September 1946, regarding Milch’s position as Generalluftzeugmeister (GL). NOKW-320 Pros. Ex. 73 Extract from interrogation of Karl 558 Otto Saur on 13 November 1946, concerning the use of concentration camp prisoners in Jaegerstab construction. NOKW-334 Pros. Ex. 75 Extract from transcript of 550 stenographic minutes of the Jaegerstab Conference of 25 April 1944. NOKW-334 Def. Ex. 16 Extracts from stenographic minutes of 564 the Jaegerstab Conference, 25 April 1944. NOKW-336 Pros. Ex. 75 Extracts from transcript of 555 stenographic minutes of the Jaegerstab Conference on 26 May 1944. NOKW-336 Def. Ex. 23 Excerpts from the stenographic minutes 566 of the Jaegerstab Conference on Friday, 26 May 1944, at 10:00 o’clock. NOKW-337 Pros. Ex. 75 Extracts from transcript of 544 stenographic minutes of the Jaegerstab Conference of 6 March 1944. NOKW-337 Def. Ex. 12 Excerpts from the stenographic minutes 561 of the Jaegerstab Conference on 6 March 1944 in the Reich Air Ministry. NOKW-338 Pros. Ex. 75 Extracts from transcript of 545 stenographic minutes of the Jaegerstab Conference on Friday, 17 March 1944. NOKW-338 Def. Ex. 13 Excerpts from the stenographic minutes 562 of the Jaegerstab Conference presided over by Field Marshal Milch on Friday, 17 March 1944, 1100 hours, in the Reich Air Ministry. NOKW-346 Pros. Ex. 75 Extracts from transcript of 546 stenographic minutes of the Jaegerstab Conference under chairmanship of Field Marshal Milch on Monday, 20 March 1944. NOKW-359 Pros. Ex. 75 Extracts from transcript of 557 stenographic minutes of the Jaegerstab Conference on 27 June 1944. NOKW-361 Pros. Ex. 75 Extract from transcript of 554 stenographic minutes of the Jaegerstab Conference during the 6th journey of the “Hubertus Undertaking” from 8-10 May 1944. NOKW-362 Pros. Ex. 75 Extracts from transcript of 552 stenographic minutes of Jaegerstab Conference on the occasion of the 5th trip of the “Hubertus Undertaking”, 2 and 3 May 1944. NOKW-365 Def. Ex. 15 Extract from the stenographic minutes 563 of the Jaegerstab Conference, 12 April 1944. NOKW-388 Pros. Ex. 75 Extracts from transcript of 547 stenographic minutes of the Jaegerstab Conference of 28 March 1944. NOKW-390 Pros. Ex. 75 Extract from transcript of 553 stenographic minutes of the Jaegerstab Conference of 4 May 1944. NOKW-406 Pros. Ex. 138 Extracts from stenographic minutes of 599 the GL-Conference, 7 July 1942. NOKW-407 Pros. Ex. 137 Extracts from stenographic minutes of 599 GL-Conference, 27 May 1942. NOKW-408 Pros. Ex. 139 Extracts from stenographic minutes of 600 GL-Conference, 28 July 1942. NOKW-409 Pros. Ex. 140 Extracts from stenographic minutes of 601 GL-Conference, 4 August 1942. NOKW-412 Pros. Ex. 141 Extracts from stenographic minutes of 602 GL-Conference, 18 August 1942. NOKW-416 Pros. Ex. 142 Extracts from stenographic minutes of 602 GL-Conference, 26 August 1942. NOKW-418 Pros. Ex. 136 Extracts from stenographic minutes of 598 GL-Conference, 5 May 1942. NOKW-442 Pros. Ex. 75 Extract from transcript of 554 stenographic minutes of the Jaegerstab Conference on 5 May 1944. NOKW-442 Def. Ex. 21 Extract from the stenographic minutes 565 of the Jaegerstab Conference, 5 May 1944. NOKW-449 Pros. Ex. 148 Extracts from stenographic minutes of 607 GL-Conference, 2 March 1943. 016-PS Pros. Ex. 13 Letter from Sauckel to Rosenberg, 24 405 April 1942, and extracts from report on Sauckel’s labor mobilization program, 20 April 1942. 084-PS Pros. Ex. 16-A Extracts from interdepartmental report 408 of the Ministry for Occupied Eastern Territories, 30 September 1942, concerning the status of Eastern laborers. 204-PS Pros. Ex. 39 Extracts from memorandum of a 424 conference, 18 February 1944, concerning the release of indigenous labor for purposes of the Reich. 208-PS Pros. Ex. 55 Report by Sauckel, 7 July 1944, on the 428 accomplishments of labor mobilization in the first half of 1944. 265-PS Pros. Ex. 35 Extracts from report by Leyser to 423 Rosenberg, 30 June 1943, on conditions in the district Zhitomir. 294-PS Pros. Ex. 19-A Extracts from top secret memorandum, 411 signed by Braeutigam, 25 October 1942, concerning effects of slave labor program. 407-II-PS Def. Ex. 3 Report from Sauckel to Hitler, 10 439 March 1943, concerning difficulties originating from the draft of manpower in former Soviet territories. 407-V-PS Pros. Ex. 30 Extracts from letter from Sauckel to 418 Hitler, 14 April 1943, concerning labor questions. 407-IX-PS Pros. Ex. 33 Letter from Sauckel to Hitler, 3 June 420 1943, concerning foreign labor situation. 1063-D-PS Pros. Ex. 21 Extract from order of Mueller, 17 415 December 1942, concerning prisoners qualified for work to be sent to concentration camps. 1206-PS Pros. Ex. 9 Outlines of directives of Goering 395 regarding the employment of PW’s in the armament industry, 7 November 1941. 1510-PS Pros. Ex. 58 Extracts from decree of 16 September 450 1943, defining the duties of the Planning Office of the Central Planning Board. 1526-PS Pros. Ex. 25 Extracts from letter from 416 German-appointed Ukrainian main committee to Frank, February 1943. 1584-III-PS Pros. Ex. 71 Correspondence between Himmler and 537 Goering, 9 March 1944, concerning the use of concentration camp prisoners in the aircraft industry. 1607-A-PS Pros. Ex. 115 Letter from Himmler to Milch, 25 628 August 1942, concerning Dr. Rascher’s report on high-altitude experiments. 1607-B-PS Pros. Ex. 115 Letter from Dr. Rascher to Dr. Brandt, 627 20 July 1942, concerning report on high-altitude experiments. 1617-PS Pros. Ex. 111 Letter from Himmler to Milch, 13 629 November 1942, concerning Rascher’s transfer to the Waffen SS. 3000-PS Pros. Ex. 34 Extracts from report rendered to 422 Riecke, Ministerialdirektor in the Ministry of Agriculture, 28 June 1943, on experiences in political and economic problems in the East. 3005-PS Pros. Ex. 7 Extracts from letter from the Reich 392 Labor Ministry to presidents of Regional Labor Offices, 26 August 1941, concerning the use of French and Russian PW’s. 3040-PS Pros. Ex. 10 Extracts from secret order of Himmler, 399 20 February 1942, concerning the commitment and treatment of manpower from the East. 3721-PS Pros. Ex. 41-A Testimony of Fritz Sauckel, 22 452 September 1945, regarding the jurisdiction of the Central Planning Board. 3819-PS Pros. Ex. 56 Minutes of a conference on 11 July 430 1944 attended by Milch, concerning the labor problem. R-103 Pros. Ex. 40 Extracts from a letter from the 426 (German-appointed) Polish main committee to the General Government of Poland on the conditions of Polish workers in Germany, 17 May 1944. R-124 Pros. Ex. 48-B Stenographic record of the first 447 conference of the Central Planning Board on 27 April 1942. R-124 Pros. Ex. 48-A Extracts from report on the eleventh 457 conference of the Central Planning Board, 22 July 1942. R-124 Def. Ex. 5 Extract from the stenographic report 509 of the eleventh conference of the Central Planning Board, 22 July 1942. R-124 Pros. Ex. 48-A Extracts from report on the 459 seventeenth conference of the Central Planning Board, 28 October 1942. R-124 Pros. Ex. 48-A Extracts from stenographic minutes of 461 twenty-first conference of Central Planning Board, 30 October 1942. R-124 Def. Ex. 6 Extract from the stenographic minutes 510 of the twenty-second conference of the Central Planning Board, 2 November 1942. R-124 Pros. Ex. 48-B Extracts from stenographic minutes of 465 the twenty-third conference of the Central Planning Board, 3 November 1942. R-124 Def. Ex. 7 Extract from the stenographic minutes 510 of the thirty-second conference of the Central Planning Board, 12 February 1943. R-124 Pros. Ex. 48-A Extracts from stenographic minutes of 467 the thirty-third conference of the Central Planning Board, 16 February 1943. R-124 Def. Ex. 8 Extract from the stenographic minutes 511 of the thirty-third conference of the Central Planning Board, 16 February 1943. R-124 Pros. Ex. 48-A Extracts from stenographic minutes of 471 the thirty-sixth conference of the Central Planning Board, 22 April 1943. R-124 Def. Ex. 9 Extract from stenographic minutes of 516 the thirty-ninth conference of the Central Planning Board, 23 April 1943. R-124 Pros. Ex. 48-A Report of the forty-second conference 475 of the Central Planning Board, 23 June 1943. R-124 Pros. Ex. 48-A Extracts from stenographic minutes of 478 the fifty-third conference of the Central Planning Board, 16 February 1944. R-124 Pros. Ex. 48-B Report on the fifty-third conference 479 of the Central Planning Board, 16 February 1944. R-124 Pros. Ex. 48-A Extracts from the stenographic minutes 484 of the fifty-fourth conference of the Central Planning Board, 1 March 1944. R-124 Def. Ex. 31 Extracts from the stenographic minutes 517 of the fifty-fourth conference of the Central Planning Board, 1 March 1944. R-124 Pros. Ex. 48-D Extracts from the report on the 498 fifty-sixth conference of the Central Planning Board, 4 April 1944. R-124 Def. Ex. 1 Extract from report on Fuehrer 438 conference attended by Milch on 19 February 1942. R-124 Def. Ex. 32 Extract from the Fuehrer conference 438 minutes, 21 and 22 April 1942. R-124 Pros. Ex. 48-B Letter of 20 October 1942 transmitting 448 the statutes of the Central Planning Board. R-124 Def. Ex. 2 Extract from the Fuehrer conference 439 minutes of 3, 4, 5 January 1943. R-124 Def. Ex. 33 Extract from report on Fuehrer 441 conference of 30 May 1943. R-124 Pros. Ex. 124 Speer’s minutes of a conference with 501 Hitler on 8 July 1943. R-124 Def. Ex. 4 Extract from report of Fuehrer 442 conference of 11-12 September 1943. R-124 Def. Ex. 34 Extract from Fuehrer conference of 1-4 443 January 1944, concerning Speer’s report on the French labor situation. R-124 Pros. Ex. 48-A Extract from the report by Saur of the 502 conference with the Fuehrer, 5 March 1944. R-124 Pros. Ex. 48-E Extracts from the minutes of 539 discussions between Saur and the Fuehrer, 6 and 7 April 1944. Speer Ex. 34 Def. Ex. 17 Order of Hitler, 21 April 1944, 560 delegating to Dorsch authority for Jaegerstab constructions.
TESTIMONIES
Excerpts from the testimony of defendant _Milch_ 635 Extracts of testimony of defense witness Fritz _Schmelter_ 567 Extracts of testimony of defense witness Xaver _Dorsch_ 583 Extracts from testimony of defense witness Max _Koenig_ 615 Excerpts from the testimony given by defense witness Albert _Speer_ 502 before Commission on 19 February 1947
TRANSCRIBER NOTES
Punctuation and spelling has been maintained except where obvious printer errors have occurred such as missing periods or commas for periods. American spelling occurs throughout the document. Multiple occurrences of the following spellings which differ and are found throughout this volume are as follows:
border line borderline front line front-line Jewish Bolshevik Jewish-Bolshevik Fraeulein Frau
Although some sentences may appear to have incorrect spellings or verb tenses, the original text has been maintained as it represents what the tribunal read into the record and reflects the actual translations between the German, English, Russian and French documents presented in the trial(s). This volume had no German, Polish, Russian or other eastern European diacritics, only French diacritics. As a result, Goering and Fuehrer are spelled without umlauts throughout.
An attempt has been made to produce this ebook in a format as close as possible to the original document's presentation and layout.
Some illustrations were moved to facilitate page layout.
[The end of _Trials of War Criminals before the Nuernberg Military Tribunals under Control Council Law No. 10 (Oct 1946-Apr 1949) (Vol. 2)_, by Anonymous.]