Chapter VII: ), was made possible by the following Cabinet laws: Law of 4 (5)

(_e_) _SS use of concentration camp labor for pecuniary profit._ The SS regarded the inmates of concentration camps as its own personal property to be used for its own economic advantage. The suggestion in Himmler’s letter to Goering, will be recalled, that the SS be given a larger responsibility in the armament program conducted in the camps (_1584-III-PS_). As early as 1942 Speer recognized that the SS was motivated by the desire for further profits when he suggested to Hitler in a conference on 20, 21, and 22 September that the SS receive a share of the war equipment produced by concentration camp labor in ratio to the working hours of the prisoners (_R-124_). The Fuehrer agreed that a 3 to 5 percent share would satisfy SS commanders (_R-124_). Himmler himself frankly admitted his intention to derive profits for SS purposes from the camps in his speech to the officers of the SS Leibstandarte “Adolf Hitler” (_1918-PS_):

“* * * The apartment-building program which is the prerequisite
for a healthy and social basis of the entire SS as well as of
the entire Fuehrerkorps can be carried out only when I get the
money for it from somewhere; nobody is going to give me the
money, it must be earned, and it will be earned by forcing the
scum of mankind, the prisoners, the professional criminals to do
positive work. The man, guarding these prisoners, serves just as
hard as the one on close-order drill. The one who does this and
stands near these utterly negative people will learn within 3 to
4 months * * * and we shall see: In peacetime I shall form
guard-battalions and put them on duty for 3 months only—to
fight the inferior being (_Untermenschentum_), and this will not
be a boring guard duty, but if the officers handle it right, it
will be the best indoctrination on inferior beings and the
inferior races. This activity is necessary, as I said; 1. to
eliminate those negative people from the German people; 2. to
exploit them once more for the great folk community by having
them break stones and bake bricks so that the Fuehrer can again
erect his grand buildings; and 3. to in turn invest the money,
earned soberly this way, in houses, in ground, in settlements so
that our men can have houses in which to raise large families
and lots of children. This in turn is necessary because we stand
or die with this leading blood of Germany and if the good blood
is not reproduced we will not be able to rule the world.”
(_1918-PS_)

(4) _Functions and activities with respect to human experiments._ One aspect of SS control over concentration camps remains to be mentioned—its direction of the program of biological experiments on human beings which was carried on in the camps. An American military tribunal has passed judgment on some of the SS members who participated in these experiments at Dachau. The purpose of this discussion is to show only that those experiments were the result of SS direction and that the SS played a vital part in their successful execution.

The program seems to have originated in a request by Dr. Sigmund Rascher to Himmler for permission to utilize persons in concentration camps as material for experiments with human beings, in connection with research he was conducting on behalf of the Luftwaffe. A letter dated 15 May 1941, addressed to the Reichsfuehrer SS and signed by S. Rascher reads in part as follows:

“For the time being I have been assigned to the
_Luftgaukommando_ VLL, Munich for a medical course. During this
course, where researches on high-altitude flights play a
prominent part (determined by the somewhat higher ceiling of the
English fighter planes) considerable regret was expressed at the
fact that no tests with human material had yet been possible for
us, as such experiments are very dangerous and nobody volunteers
for them. I put, therefore, the serious question: can you make
available two or three professional criminals for these
experiments? The experiments are made at _Bodenstaendige
Bruefstells fuer Hoehenforschung der Luftwaffe_, Munich. The
experiments, by which the subjects can, of course, die, would
take place with my cooperation. They are essential for
researches on high-altitude flight and cannot be carried out, as
has been tried, with monkeys, who offer entirely different
test-conditions. I have had a very confidential talk with a
representative of the air forces surgeon who makes these
experiments. He is also of the opinion that the problem in
question could only be solved by experiments on human persons.
(Feeble-minded could also be used as that material.)”
(_1602-PS_)

Dr. Rascher promptly received assurance that he would be allowed to utilize concentration camp inmates for his experiments.

A letter dated 22 May 1941, addressed to Dr. Rascher and bearing the signature of SS Sturmbannfuehrer Karl Brandt, reads in part:

“Shortly before flying to Oslo, the Reichsfuehrer SS gave me
your letter of 15 May 1941, for partial reply.

“I can inform you that prisoners will of course be gladly made
available for the high-flight researches. I have informed the
Chief of the Security Police of this agreement of the
Reichsfuehrer SS, and requested that the competent official be
instructed to get in touch with you.” (_1582-PS_)

The altitude experiments were conducted by Rascher. In May 1942 General Field Marshal Milch on behalf of the Luftwaffe expressed his thanks to the SS for the assistance it furnished in connection with the experiments. This letter, dated 20 May 1942, addressed to SS Obergruppenfuehrer Wolff reads in part:

“In reference to your telegram of 12 May our sanitary inspector
reports to me that the altitude experiments carried out by the
SS and Air Force 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 seas, would be important. These have been
prepared in immediate agreement with the proper offices; Major
(M.C.) Weltz will be charged with the execution and Capt. (M.C.)
Rascher will be made available until further orders in addition
to his duties within the Medical Corps of the Air Corps. A
change of these measures does not appear necessary, and an
enlargement of the task is not considered pressing at this time.

“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.

“I convey the special thanks from the supreme commander of the
Air Corps to the SS for their extensive cooperation.

“I remain with best wishes for you in good comradeship and with

“Heil Hitler!
“Always yours
“s/s E. Milch” (_343-PS_)

Having finished his high-altitude experiments, Dr. Rascher proceeded to experiment with methods of rewarming persons who had been subjected to extreme cold. On 10 September 1942 he rendered an intermediate report on intense chilling experiments which had been started in Dachau on 15 August (_1618-PS_). That report states:

“The experimental subjects (VP) 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°.”

* * * * * *

“Electrical measurements gave low temperature readings of 26.4°
in the stomach and 26.5° in the rectum. Fatalities occurred only
when the brain stem and the back of the head were also chilled.
Autopsies of such fatal cases always revealed large amounts of
free blood, up to ½ 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 (VP) died invariably, despite all attempts
at resuscitation.”

* * * * * *

“During attempts to save severely chilled persons
(_Unterkuehlte_), it was shown that rapid rewarming was in all
cases preferable to slow rewarming, because after removal 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.” (_1618-PS_)

Although Rascher was of the preliminary opinion that rewarming by women’s bodies would be too slow, means for conducting such experiments were nevertheless placed at his disposal. A letter from the Reichsfuehrer SS, signed Himmler, 16 November 1942, and addressed to Lt. General Pohl, the head of WVHA, read as follows:

“The following struck me during my visit to Dachau on the 13 Nov
1942 regarding the experiments conducted there for the saving of
people whose lives are endangered through exposure
(_Unterkuehlung_) in ice, snow, or water and who are to be saved
by the employment of every method or means:

“I had ordered that suitable women are to be set aside from the
Concentration Camp for these experiments for the warming of
these who were exposed. Four girls were set aside who were in
the Concentration Camp due to loose living, and being
prostitutes, they formulate a danger of contagion. * * *”
(_1583-PS_)

To insure the continuance of Rascher’s experiments, Himmler arranged for his transfer to the Waffen SS. A letter dated November 1942 from the Reichsfuehrer SS addressed to “Dear Comrade Milch,” stated:

“You will recall that through General Wolff I particularly
recommended to you for your consideration the work of a certain
SS Fuehrer, Dr. Rascher, who is a physician of the air force on
leave (_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.”

* * * * * *

“I beg you to release Dr. Rascher, Stabsarzt in 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, 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” physician should be charged, who should
be at the same time honorable as a scientist and not prone to
intellectual theft and who could be informed of the results.
This physician should also have good contacts with the
adminstrative[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 under 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 bring a series
of unpleasant details to you, because of the arrogance and
assumption which Professor Dr. Holzloehner has displayed in the
post of Dachau—who is under my command—about me in utterances
delivered to SS Colonel Sievers. 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.”
(_1617-PS_)

Rascher’s experiments were by no means the only experiments in which the SS was interested. Without attempting even to outline the whole extent of the experimental program, one further illustration of this type of SS activity may be mentioned. That is a report prepared by the Chief Hygienist in the office of the Reich Surgeon of the SS and Police, SS Oberfuehrer Dr. Mrugowsky, 12 September 1944, relating to experiments with poisoned bullets.

“On 11 September 1944, in the presence of SS-Sturmbannfuehrer
Dr. Ding, Dr. Widman and the undersigned, experiments with
Akonotinnitrate bullets were carried out on five persons who had
been sentenced to death. The caliber of the bullets used was
7.65 cm and they were filled with the poison in crystal form.
Each subject of the experiments received one shot in the upper
part of the left thigh, while in a horizontal position. In the
case of 2 persons, the bullets passed clean through the upper
part of the thigh. Even later no effect from the poison could be
seen. These two subjects were therefore rejected * * *.”

* * * * * *

“The symptoms shown by the three condemned persons were
surprisingly the same. At first, nothing special was noticeable.
After 20 to 25 minutes, a disturbance of the motor nerves and a
light flow of saliva began, but both stopped again. After 40 to
44 minutes a strong flow of saliva appeared. The poisoned
persons swallowed frequently, later the flow of saliva is so
strong that it can no longer be controlled by swallowing. Foamy
saliva flows from the mouth. Then, a sensation of choking, and
vomiting start.” (_L-103_)

The next three paragraphs describe in coldly scientific fashion the reactions of the dying persons. That description then concludes:

“At the same time there was pronounced nausea. One of the
poisoned persons tried in vain to vomit. In order to succeed he
put 4 fingers of his hand, up to the main joint, right into his
mouth. In spite of this, no vomiting occurred. His face became
quite red.

“The faces of the other two subjects were already pale at an
early stage. Other symptoms were the same. Later on the
disturbance of the motor nerves increased so much that the
persons threw themselves up and down rolled their eyes and made
aimless movements with their hands and arms. At last, the
disturbance subsided, the pupils were enlarged to the maximum,
the condemned lay still. Massetercramp and loss of urine was
observed in one of them. Death occurred 121, and 129 minutes
after they were shot.” (_L-103_)

The fact that SS doctors engaged in such experiments was no accident. It was consistent with an ideology and racial philosophy which, to use Himmler’s own words, regarded human beings as lice and offal. But the most important factor was the fact that only the SS was in a position to supply necessary human material. And it did supply such material through WVHA. A letter from the Department Chief of Office Group D of WVHA, 12 May 1944, addressed to the commandants of all concentration camps dealt with the assignment of prisoners for the experimental purposes:

“There is cause to call attention to the fact that in every case
permission for assignment has to be requested here _before_
assignment of prisoners is made for experimental purposes.

“To be included in this request are number, kind of custody, and
in case of aryan prisoners, exact personal data, file number in
the Main Reich’s Security Office and reason for detainment into
the concentration camp.

“Herewith, I explicitly forbid assignment of prisoners for
experimental purposes without permission.” (_1751-PS_)

It was on the basis of its ability to supply such material that the Ministry of Finance was prepared to subsidize the SS experimental program. This matter was discussed in a series of letters between the Ministry of Finance, the Reichs Research Department, and the Reich Surgeon of the SS and police (_002-PS_). The first is from the office of the Executive Council of the Reichs Research Department, addressed to the Reichs Surgeon SS and Police, 19 February 1943, and signed by Mentzel, Chief of Bureau, SS Brigade Leader:

“The Reichs Minister of Finance told me that you requested 53
leading positions (BES. GR C3-C8) for your office, partly for a
new research institute.

“After the Reichsmarschall of the Great German Reich had, as
President of the Reichs Research Dept., entrusted himself with
all German research, issued directives among other things, that
in the execution of military important scientific tasks, the
available institutions including equipment and personnel should
be utilized to the utmost for reasons of necessary economization
(of effort).

“The foundation of new institutes comes therefore only in
question in as far as there are no outstanding institutes
available for the furtherance of important war research tasks.”
(_002-PS_)

To this letter the Reich Surgeon of SS and Police replied on 26 February 1943:

“In acknowledgment of your correspondence of the 19th Feb. 1943,
I am able to reply the following to it today:

“The appropriation for the 53 key positions for my office which
you made the basis of your memorandum was a veritable peace
plan.

“The special institutes of the SS which are to be partly staffed
through this appropriation are to serve the purpose to establish
and make accessible for the entire realm of scientific research,
the particular possibilities of research only possessed by the
SS.”

* * * * * *

“I will gladly be at your disposal at any time to discuss the
particular research aims in connection with the SS, which I
would like to bring up upon the direction of the Reichs Director
SS.” (_002-PS_)

An interview between the Reich Surgeon and Mentzel took place, and on 25 March 1943 Mentzel wrote the following letter to the Reich Minister of Finance:

“In regard to your correspondence of the 19th Dec (J 4761—174 I
g III. Ang) to which I gave you a preliminary communication on
the 19th Feb, I finally take the following position:

“The Surgeon General-SS and Police, in a personal discussion,
told me that the budget claim which he looks after is used
primarily in the pure military sector of the Waffen SS. Since it
is established on a smaller scale for the enlarging of
scientific research possibilities, they pertain therefore
exclusively to such affairs that are carried out with the
material (Prisoners—‘_Haflinge_’) which is only accessible to
the Waffen SS and are therefore not to be undertaken for any
other experimental purposes.

“I cannot object therefore on the part of the Reichs
Experimental Counsel against the budget claims of the Surgeon
General, SS and Police.” (_002-PS_)

(5) _Functions and Activities with respect to Jewish Persecution._ Through its activities with respect to concentration camps the SS performed part of its mission to safeguard the security of the Nazi regime. But another specialized aspect of that mission must not be forgotten. Himmler had defined that task as the prevention of a “_Jewish_ Bolshevist revolution of subhumans.” In plain words this meant participation in the Nazi program of Jewish persecution and extermination. That program involved every branch and component of the SS.

The racial philosophy of the SS made that organization a natural agency for the execution of all types of anti-semitic measures. The SS position on the Jewish question was publicly stated in the SS newspaper “_Das Schwarze Korps_,” in the issue of 8 August 1940, by its editor, Gunter d’Alquen (_2668-PS_). “_Das Schwarze Korps_” was the official propaganda agency of the SS which every SS man was required to read and to induce others to read. This was the SS position on the Jews:

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

The attempted “solution” of the Jewish question through pogroms and “spontaneous” demonstrations occurred following the murder of von Rath in November 1938. In these demonstrations all branches of the SS were called on to play a part. The teletype message from SS Gruppenfuehrer Heydrich, Chief of the Security Police and SD, issued on 10 November 1938 concerning “Measures against Jews tonight,” provided:

“* * * The direction of the measures of the Security Police
concerning the demonstrations against Jews is vested with the
organs of the State Police—inasmuch as the inspectors of the
Security Police are not issuing their own orders. In order to
carry out the measures of the Security Police, officials of the
Criminal Police, as well as members of the SD, of the
_Verfuegungstruppe_ and the _Allgemeine SS_ may be used.”
(_3051-PS_)

With the outbreak of the war and the march of Nazi armies over the Continent, the SS participated in “solving” the Jewish question in all the countries of Europe. The solution was nothing short of extermination. To a large degree these wholesale murders were disguised under the name of “anti-partisan” or “anti-guerilla” actions, and as such included as victims not merely Jews but Soviets, Poles, and other Eastern peoples. One example of an action confined essentially to Jews was the mass annihilation of Jews in gas vans (_501-PS_). Those vans were operated by the Security Police and SD under the direction of RSHA. Another example is found in the report entitled “Solution of the Jewish Question in Galicia,” prepared by SS Gruppenfuehrer and Lt. General of the Police Katzman and rendered to SS Obergruppenfuehrer and General of the Police Krueger (_L-18_). The “solution,” which consisted in evacuation and extermination of all the Jews in Galicia and confiscation of their property, was carried out under the energetic direction of the SS and Police Leaders, with the assistance of SS police units, as the report proudly boasts. Three additional items in that report dealing specifically with the SS should be noted. The first is the text under a photograph in the original report:

“Great was the joy of the SS men when the Reichsfuehrer SS in
person in 1942 visited some camps along the Rollbahn.” (_L-18_)

The second is a balance sheet, showing the income from forced Jewish labor and expenditures therefrom. Item 3 on the balance sheet reads as follows:

“3. Amount paid over to the SS cashier:
_a._ Camps 6,876,251,00 Zl
_b._ W&R Factories 6,556,513,69 Zl
————————
13,432,764,69 Zl

Further payments to the SS-cashier are effected every month.”
(_L-18_)

The third is the last two paragraphs of the report:

“Despite the extraordinary burden heaped upon every single SS
Police Officer during these actions, mood and spirit of the men
were extraordinarily good and praiseworthy to the last day.

“Only thanks to the sense of duty of every single leader and man
have we succeeded to get rid of this PLAGUE in so short a time.”
(_L-18_)

One final example of SS participation in Jewish extermination is the report by SS Brigadefuehrer and Major General of the Police, Stroop, of the destruction of the Jewish Ghetto in Warsaw during April and May 1943 (_1061-PS_). Two sections of that report dealing with the constitution of the participating forces should be noted. A table of the units used indicates the average number of officers and men from each unit employed per day. It will be observed that among the units involved were the staff of the SS and Police Leader, two battalions of the Waffen SS, two battalions of the 22d SS Police Regiment and members of the Security Police. The part played by the Waffen SS particularly came in for high praise from the writer of the report. Tribute is paid to the toughness of the men of the Waffen SS, Police, and _Wehrmacht_. In the next paragraph the writer says:

“Considering that the greater part of the men of the Waffen SS
had been trained for only three or four weeks before being
assigned to this action, high credit should be given for the
pluck, courage and devotion to duty which they showed.”
(_1061-PS_)

The selection methods and ideological education of Waffen SS men furnished such good grounding that a few weeks of practice was all that was required to turn them into excellent exterminators. Himmler’s proud boast of the part that the SS played in the extermination of the Jews occurs in his Posen Speech:

“Most of _you_ must know what it means when 100 corpses are
lying side by side, or 500 or 1,000. To have stuck it out and at
the same time—apart from the exceptions caused by human
weakness—to have remained decent fellows, that is what has made
us hard. This is a page of glory in our history which has never
been written and is never to be written * * *.” (_1919-PS_)

(6) _Functions and activities with respect to preparing for and waging aggressive war._ From the very beginning the SS made prime contributions to the conspirators’ aggressive aims. First, it served as one of the para-military organizations under which the conspirators disguised their building up of an Army in violation of the Versailles Treaty. Second, through affiliated SS organizations in other countries and through some of the departments in its own Supreme Command, it fostered Fifth Column movements outside Germany and prepared the way for aggression. Third, through its militarized units, it participated in the aggressive actions which were eventually carried out.

(_a_) _The SS as a para-military organization._ The para-military character of the General SS is apparent from the military character of its structure, the military discipline required of its members, and the steps it took to enlist in its ranks young men of military age. In addition to this volunteer Army the SS created, as early as 1933, fully armed professional soldiers who complied with the requirement for compulsory military service by performing duties in the SS. These were the _SS Vorfuegungstruppe_ and the Death Head Units.

(_b_) _The SS as a fifth column agency._ While building up the SS as a military force within Germany, the conspirators also utilized it in other countries to lay the groundwork for aggression. During the seizure of Austria, the _SS Standarte 89_ was directly involved in the murder of Chancellor Dolfuss, and a memorial placque was erected in Vienna as a tribute to the SS men who participated in that murder (_L-273_; _2968-PS_). Subsequently, on the night of 11 March 1938, the SS with the SA marched into Vienna and occupied all government buildings and important posts in the city. (See the report of Gauleiter Rainer to Reich Commissioner Buerckel (_812-PS_); and the record of the telephone conversations between Goering and Dambrowski (_2949-PS_)).

The same pattern was repeated in Czechoslovakia. Henlein’s Free Corps played in that country the part of fifth column which the SS had played in Austria and was rewarded, in September 1938, by being placed under the jurisdiction of the Reichsfuehrer SS (_388-PS, Items 37, 38_). Moreover, a Most Secret OKW order of 28 September 1938, reveals that the SS had its own armed units, four battalions of _Totenkopf Verbaende_, actually operating in Czechoslovakian territory before the Munich Pact was signed (_388-PS, Item 36_).

But SS preparations for aggression were not confined to military forces. One of the departments of the SS Supreme Command, the _Volksdeutsche Mittelstelle_, was a center for fifth column activity. At the secret meeting between Ribbentrop and Henlein in March 1938, at which the line to be followed by the Sudeten German Party was determined, the _Volksdeutsche Mittelstelle_ was represented by Professor Haushofer and SS Obergruppenfuehrer Lorenz (_2788-PS_). And when the Foreign Office in August 1938 awarded further subsidies to Henlein’s Sudeten Party, the memorandum of that recommendation (_3059-PS_) contained the significant footnote:

“Volksdeutsche Mittlestelle will be informed.” (_3059-PS_)

(_c_) _SS participation in aggressive war._ When at last the time came to strike, the SS was ready. In the words of the National Socialist Yearbook for 1940 (_2164-PS_):

“When the march into the liberated provinces of the Sudetenland
began on that memorable October 1, 1938, _Verfuegungstruppe_ as
well as the Death Head Units were along with those in the lead.
* * *”

“The 15th of March 1939 brought a similar utilization of the SS
when it served to establish order in collapsing Czechoslovakia.
This action ended with the founding of the protectorate
Bohemia-Moravia.

“Only a week later, on the 29th of March 1939, Memel also
returned to the Reich upon basis of an agreement with Lithuania.
Again it was the SS, here above all the Eastern Prussian SS,
which played a prominent part in the liberation of this
province.” (_2164-PS_)

In the final act which set off the war, the attack on Poland in September 1939, the SS acted as stage manager. In his affidavit (_Affidavit A_), Maj. Gen. Erwin Lahousen describes the simulated attack on the radio station Gleiwitz by Germans dressed in Polish uniforms, as one of the most mysterious actions which took place in the _Abwehr_ office:

“This was an incident which had been deliberately engineered and
directed by the SD and it was executed by prisoners from
Concentration Camps dressed up in Polish uniforms, and using
Polish weapons and equipment. Those prisoners were later
murdered by the SD in order to eliminate any possibility of
their giving testimony of the incident.” (_Affidavit A_)

The war erupted and the Waffen SS again took its place in the van of the attacking forces.

(7) _Functions and activities with respect to commission of war crimes._ During the war great use was made of the peculiar qualities possessed by the SS—qualities not only of its combat force, but of its other components as well—in executing tasks embracing the commission of war crimes and crimes against humanity.

(_a_) _“Antipartisan” operations._ A directive issued by Keitel on 13 March 1941, making preparations 3 months in advance for the attack on Russia, provided that in the area of operations the Reichsfuehrer SS was entrusted with special tasks for the preparation of the political administration—tasks which would result from the struggle about to commence between two opposing political systems. (_447-PS_)

One of the steps taken by the Reichsfuehrer SS to carry out those “special tasks” was the formation and use of so-called “anti-partisan” units. They were discussed by Himmler in his Posen speech:

“In the meantime I have also set up the Chief of the
anti-partisan units. Our comrade SS Obergruppenfuehrer von dem
Bach is Chief of the anti-partisan units. I considered it
necessary for the Reichsfuehrer SS to be in authoritative
command in all these battles, for I am convinced that we are
best in position to take action against this enemy struggle,
which is decidedly a political one. Except where units which had
been supplied and which we had formed for this purpose were
taken from us to fill in gaps at the front, we have been very
successful.

“It is notable that by setting up this department, we have
gained for the SS in turn, a division, a corps, an army, and the
next step—which is the High Command of an army or area of a
group—if you wish to call it that.” (_1919-PS_)

What the SS did with its division, corps, and army, out of which the anti-partisan units were formed, is illustrated in the “Activity and Situation Report No. 6 of the Task Forces of the Security Police and SD in the U.S.S.R.,” covering the period from 1 to 31 October 1941 (_R-102_). The report shows that so-called “anti-partisan” activity was actually nothing but a name for extermination of Jews and persons believed politically undesirable. The report is a carefully organized and detailed description of such extermination. Section I describes the stations of the various Task Forces involved, and section II their activities. The latter section is divided into parts, each dealing with a different geographical region—the Baltic area, White Ruthenia, and the Ukraine. Under each area the report of activities is classified under three headings: (_a_) Partisan activity and counteraction; (_b_) arrests and executions of communists and officials; and (_c_) Jews. The following units were involved (_R-102_):

“The present stations are:

“Task Force A: since 7 October 1941 Krasnowardeisk.
“Task Force B: continues in Smolensk.
“Task Force C: since 27 September 1941 in Kiew.
“Task Force D: since 27 September 1941 in Nikolajew.

“The Action and Special Commandos (_Einsatz und Sonder
Commandos_) which are attached to the Task Force continue on the
march with the advancing troops into the sectors which have been
assigned to them.” (_R-102_)

The section headed “Baltic area” and subsection labeled “Jews” read as follows (_R-102_):

“Spontaneous demonstrations against Jewry followed by pogroms on
the part of the population against the remaining Jews have not
been recorded on account of the lack of adequate indoctrination.

“However, the Estonian Protective Corps (_Selbstschutz_), formed
at the time of the entry of the Wehrmacht, immediately started a
comprehensive arrest action of all Jews. This action was under
the direction of the task force of the Security Police and the
SD.”

* * * * * *

“The male Jews over 16 were executed with the exception of
doctors and the elders. At the present time this action is still
in progress. After completion of this action there will remain
only 500 Jewesses and children in the Eastern Territory.”
(_R-102_)

In the section headed “White Ruthenia,” the subsection labeled “Partisan activity and counteraction,” the following appear:

“In Wultschina 8 juveniles were arrested as partisans and shot.
They were inmates of a children’s home. They had collected
weapons which they hid in the woods. Upon search the following
were found: 3 heavy machine guns, 15 rifles, several thousand
rounds of ammunition, several hand grenades, and several
packages of poison gas Ebrit.

“_b. Arrests and executions of communists, officials, and
criminals._

“A further large part of the activity of the Security Police was
devoted to the combatting of Communists and criminals. A special
Commando in the period covered by this report executed 63
officials, NKVD agents and agitators.” (_R-102_)

The preceding subsection ends with the following statement:

“The liquidations for the period covered by this report have
reached a total of 37,180 persons.” (_R-102_)

And under the section headed “Ukraine,” the subsection “Jews,” this statement occurs:

“_Shitomir_

In Shitomir 3,145 Jews had to be shot, because from experience
they have to be regarded as bearers of Bolshevik propaganda and
saboteurs.” (_R-102_)

The foregoing report deals with the activities of four Task Forces—A, B, C, and D. The more detailed report of Task Force A up to 15 October 1941 shows great variety of SS components in such a task force:

“This description of the over-all situation showed and shows
that the members of the Stapo [The Secret State Police], Kripo
and SD [Security Service] who are attached to the Action-Group,
are active mainly in Lithouania, Latvia, Esthonia,
White-Ruthenia and to a smaller part in front of Leningrad. It
shows further that the forces of the uniformed police and the
Armed SS are active mainly in front of Leningrad, in order to
take measures against the returning population and under their
own officers. This is so much easier because the Action
detachments in Lithouania, Latvia and Esthonia have at their
disposal native police units, as described in encl. 1, and
because so far 150 Latvian reinforcements have been sent to
White-Ruthenia.

“The distribution of the leaders of Security Police and SD
during the individual phases can be gathered from encl. 2, the
advance and the activities of the Action-Group and the
Action-detachments from encl. 3. It should be mentioned that the
leaders of the Armed-SS and of the uniformed police who are
reserves have declared their wish to stay on with the Security
Police and the SD.” (_L-180_)

Inclosure 1_a_ to this report shows the constitution of the Force:

“_Total Strength of Action Group A_: _Percent_ “Total: 990 Waffen-SS 340 34.4 Motor Bicycle-Riders 172 17.4 Administration 18 1.8 Security Service [SD] 35 3.5 Criminal Police [Kripo] 41 4.1 State Police [Gestapo] 89 9.0 Auxiliary Police 87 8.8 Order Police 133 13.4 Female Employees 13 1.3 Interpreters 51 5.1 Teleprinter-Operators 3 0.3 Wireless-Operators 8 0.8 ” (_L-180_)

Another report on the anti-partisan activity, from the General Commissar for White Ruthenia to the Reich Minister for Occupied Eastern Territories, 5 June 1943, deals with the results of the police operation “Cottbus”:

“* * * SS Brigadefuehrer, Major General of Police von Gottberg,
reports that the operation ‘Cottbus’ had the following result
during the period mentioned:

Enemy dead 4,500 Dead suspected of belonging to bands 5,000 German dead 59

* * * * * *

“The figures mentioned above indicate that again a heavy
destruction of the population must be expected. If only 492
rifles are taken from 4,500 enemy dead, this discrepancy shows
that among these enemy dead were numerous peasants from the
country. The battalion Dirlewanger especially has a reputation
for destroying many human lives. Among the 5,000 people
suspected of belonging to bands, there were numerous women and
children.

“By order of the Chief of Band-Combatting, SS Obergruppenfuehrer
von dem Bach, units of the armed forces have also participated
in the operation * * *” (_R-135_)

SS Obergruppenfuehrer vom dem Bach was referred to by Himmler as “our comrade” when he placed him in charge of anti-partisan activity.

(_b_) _Execution of civilians._ The activities so far dealt with were joint activities in which the Gestapo, Order Police, the SD, Waffen SS, and SS Police Regiments were all involved. But these units were, of course, also used individually to carry out tasks of such a nature—tasks for which any component of the SS was well trained. A letter from the Chief of the Command Office of the Waffen SS to the Reichsfuehrer SS, 14 October 1941, contains an intermediate report on civilian state of emergency:

“* * * I deliver the following report regarding the commitment
of the Waffen SS in the Protectorate Bohemia and Moravia during
the civilian state of emergency:

“In the mutual changes, all Battalions of the Waffen SS in the
Protectorate Bohemia and Moravia will be brought forth for
shootings, and relatively for the supervision at hangings.

“Up until now there occurred:

“in Prague: 99 shootings 21 hangings “in Bruenn: 54 shootings 17 hangings “Total: 191 executions (including 16 Jews)

“A complete report regarding other measures and on the conduct
of the officers, noncoms and men will be made following the
termination of the civilian state of emergency.” (_1972-PS_)

(_c_) _Murder of prisoners of war._ It is not surprising that units of the Waffen SS, a branch which had thus been employed for extermination actions and the execution of civilians, also violated the laws of warfare when carrying on ordinary combat activities. Proof of these violations is contained in a supplementary report of the Supreme Headquarters Allied Expeditionary Force Court of Inquiry concerning the shooting of allied prisoners of war by the 12th SS Panzer Division (Hitler Jugend) in Normandy, France, on 7-21 June 1944 (_2997-PS_). The Court of Inquiry concluded that there occurred in Normandy, between 7 and 17 June 1944, seven cases of violations of the law of war, involving the shooting of 64 unarmed allied prisoners of war in uniform, many of whom had been previously wounded, and none of whom had resisted or endeavored to escape; that the perpetrators were members of the 12th SS Panzer Division, the so-called Hitler Jugend Division; that enlisted men of the 15th Company of the 25th Panzer Grenadier Regiment of that Division were given secret orders to the effect that SS troops should take no prisoners and that prisoners were to be executed after having been interrogated; that similar orders were given to men of the 3d Battalion of the 26th SS Panzer Grenadier Regiment and to the 12th SS Engineering and Reconnaissance Battalions; and that the conclusion was irresistible that it was understood throughout the Division that a policy of denying quarter or executing prisoners after interrogation was openly approved. (_2997-PS_)

Other combatants met a similar fate at the hands of other components of the SS. (The execution of allied fliers, of commandos, and paratroopers, and of escaped prisoners of war who were turned over to the SD to be destroyed, is discussed in Section 6 on the Gestapo.)

Combatants who were taken prisoner of war encountered the SS in another form. (Section 6 on the Gestapo discusses the selection, by SS groups stationed in prisoner of war camps, of prisoners for what the Nazis euphemistically called “special treatment.”) Finally, the entire control of prisoners of war was turned over to the Reichsfuehrer SS, pursuant to the circular letter from the Nazi Party Chancellery placing Himmler in charge of all prisoner of war camps. (_058-PS_)

(8) _Functions and activities with respect to Germanization of conquered lands._ The final phase of the conspiracy in which the SS played a leading role comprehended the colonization of conquered territories, the destruction of their national existence, and the permanent extension of the German frontier. These objectives were carried out through the forcible evacuation and resettlement of inhabitants of conquered regions, confiscation of their properties, “denationalization” and “reeducation” of persons of German blood, and the colonization of conquered territories by Germans. (See Chapter X on the Slave Labor Program and Chapter XIII on Germanization and Spoliation.)

The SS was the logical agency to formulate and carry out the execution of this program. The numerous statements made by Himmler as to SS training for its role as the aristocracy in the “new Europe” leave that beyond doubt. Himmler immediately proceeded to put these theories into practice upon his appointment on 7 October 1939 as Reich Commissioner for the Consolidation of German Folkdom. (_686-PS_)

To make and carry out plans for the program of evacuation and resettlement, a new department of the SS Supreme Command, the Staff Headquarters of the Reich Commissioner for the Consolidation of German Folkdom, was created. The functions of this office are thus described in the Organizations Book of the NSDAP for 1943:

“The Main Office of the Staff of the Reichs Commissar for the
Consolidation of German Nationality is entrusted with the whole
settlement and constructive planning and with its execution in
the Reich and all those territories within the authority of the
Reich, including all administrative and economic questions in
connection with settlement, especially the deployment of
manpower for this purpose.” (_2640-PS_)

The colonization program had two principal objectives: the first phase was the destruction of the conquered peoples, by exterminating them, deporting them, and confiscating their property; the second phase was the bringing back of racial Germans to settle in the newly acquired land and to live from the wealth of those who had been eliminated.

(_a_) _Elimination and deportation of conquered people._ The extermination actions contributed in part to clearing the conquered territories of persons deemed dangerous to the Nazi plan. But not every undesirable could be liquidated. Moreover, manpower was needed for the Nazi war effort. Mass deportation thus accomplished the twin purpose of providing labor and of freeing the land for German colonists. The participation of SS agencies in deporting persons from the conquered territories to meet the increased demands of the Nazi war machine for manpower has already been shown. The evacuation and resettlement program, however, required the use of additional SS agencies to deport persons occupying the desired living space. For this purpose immigration centers were set up under the direction of RSHA, as is stated in the National Socialist Yearbook for 1941:

“For some time now the Reichsfuehrer-SS has had at his disposal
an office under the management of SS-Obergruppenfuehrer Lorenz,
the _Volksdeutsche Mittelstelle_. This office has the task of
dealing with National German questions and the raising of
required support.

“In addition to the VM the Immigration Center Offices with the
Chief of the Security Police and the Security Service of the SS
(under the management of SS-Obersturmbannfuehrer Dr. Sandberger)
and the Settlement Staff of the Reich-Commissioner were created,
which, in cooperation with the NSV [National Socialist Welfare
Organization] and the Reich Railroad Agency, took charge of the
Migration of National Germans.” (_2163-PS_)

Further evidence is contained in the affidavit of Otto Hoffman, SS Obergruppenfuehrer and General of the Waffen SS and Police, who was chief in the Main Office for Race and Settlement in the SS Supreme Command until 1943. This affidavit, taken at Freising, Germany, on 4 August 1945 reads as follows:

“* * * 2. The executive power, in other words the carrying out
of all so-called resettlement actions, that is to say, sending
away of Polish and Jewish settlers and those of non-German blood
from a territory in Poland destined for Germanization, was in
the hands of the Chief of the RSHA (Heydrich and later
Kaltenbrunner, since the end of 1942). The Chief of the RSHA
also supervised and issued orders to the so-called immigration
center (EWZ) which classified the Germans, living abroad who
returned to Germany and directed them to the individual farms,
already freed. The latter was done in agreement with the chief
office of the Reichsfuehrer SS.” (_L-49_)

Other SS agencies also were included. The report, dated 22 May 1940, relating to confiscation of Polish agricultural enterprises and deportation of the Polish owners to Germany, shows that the following SS agencies were involved in this action:

“Means of transportation to the railroad can be provided (1)—by
the enterprise of the East German Corporation of Agricultural
Development, (2)—by the SS NCO School in Lublinitz and the
concentration camp of Auschwitz.

“These two latter places will also detail the necessary SS men
for the day of the confiscation, etc.” (_1352-PS_)

The extent to which departments of the Supreme Command of the SS were concerned with the evacuation program is shown by the minutes of a meeting on 4 August 1942 dealing with the treatment of deported Alsatians (_R-114_). The minutes list those present at the meeting as follows:

“Present: “SS.- ‘Hauptsturmfuehrer’ Dr. Stier } SS.- ‘Hauptsturmfuehrer’ Petri } ‘RR’ Hoffmann } Staff Headquarters Dr. Scherler } SS.- ‘Untersturmfuehrer’ Foerster } SS.- ‘Obersturmfuehrer’ Dr. Hinrichs, Chief of Estate Office and Settlement Staff, Strasbourg [_Leiter des Bodenamtes und Ansiedlungsstabes Strasburg_] SS.- ‘Sturmbannfuehrer’ Bruckner, Intermediate Office for Racial Germans (_Volksdeutsche Mittelstelle_) SS.- ‘Hauptsturmfuehrer’ Hummisch, Main Office Reich Security [_Reichssicherheitshauptamt_] SS.- ‘Untersturmfuehrer’ Dr. Sieder, Main office for race and settling [_Rus-Hauptamt_] Dr. Labes, D. U. T.” (_R-114_)

The minutes read in part as follows:

“1. _State of deportation in Alsace._

“The starting point of the conference was a report on the
deportation effected so far and further plans for resettlement
in Alsace.”

* * * * * *

“_B._

“The representatives of the SS Main Offices present were united
in this opinion:

“II. 1. The Gauleiter’s plans for evacuation can be approved in
principle, since they confine themselves in fact to a class of
persons, whose presence in the Reich would be insupportable for
racial and political reasons.” (_R-114_)

(_b_) _Resettlement of conquered territories by Germans._ The SS not only destroyed or deported conquered peoples and confiscated their property, but it also repopulated the conquered regions with so-called racial Germans. Thousands upon thousands of these Germans were transported from all parts of Europe to join the greater Reich. Not all Germans were deemed reliable colonists, however. Those who were not, were returned to Germany proper for “re-Germanization” and “reeducation” along Nazi lines. A typical instance of the fate of such Germans is found in the decree of the Reich Commissioner for the Consolidation of German Folkdom of 16 February 1942, dealing with the treatment to be accorded so-called “Polonized” Germans (_R-112_). By the terms of that decree two other SS functionaries were charged with the responsibility for the re-Germanization program, the Higher SS and Police Leaders and the Gestapo. Paragraph III of the decree provides:

“III. The Higher SS and Police Fuehrer will further the
re-Germanization actions with every means at their disposal and
continuously take stock of their success. In case they find that
obstacles are put in the way of a re-Germanization action, they
will report on their findings to the competent State Police
(Superior) Office for appropriate measures. Where it proves to
be impossible to attain re-Germanization even by forcible
measures taken by the State Police, they will apply for a
revocation of the naturalization through the Reich Fuehrer SS,
Reich Commissioner for the Consolidation of German Nationhood
and give notice to the competent State Police (Superior)
Office.” (_R-112_)

Paragraph IV of the decree provides:

“IV. In the course of fulfilling their duties imposed on them by
this Decree the competent State Police (Superior) Offices will
take in particular the following measures:”

* * * * * *

“4. They will assist the Higher SS and Police Fuehrer in their
task of re-Germanization, particularly in removing obstacles by
forcible measures whenever there is opposition to
re-Germanization. Before ordering forcible measures by the State
Police they will give the Counsellor of the person in question
an opportunity to state his opinion.

“5. They will take into protective custody all persons, with
regard to whom the Higher SS and Police Fuehrer has applied for
revocation of their naturalization and will order their
imprisonment in a Concentration Camp.” (_R-112_)

In the final stage of the process, the resettlement of the conquered lands by racially and politically desirable Germans, still other SS agencies participated. The National Socialist Yearbook for 1941 states that:

“Numerous SS-leaders and SS-men helped with untiring effort in
bringing about this systematic migration of peoples, which has
no parallel in history.

“There were many authoritative and administrative difficulties
which, however, were immediately overcome due to the
unbureaucratic working procedure. This was especially guaranteed
above all by the employment of SS leaders.

“The procedure called ‘_Durchschleusung_’ (literally, ‘passing
through the lock’) takes 3 to 4 hours as a rule. The resettler
is passed through 8 to 9 offices, following each other in
organic order: registration office, card-index office,
certificate and photo-office, property office, and biological
hereditary and sanitary test office. The latter was entrusted to
doctors and medical personnel of the SS and of the Armed Forces.
The SS-Corps Areas [_Oberabschnitte_] Alpenland, North-West,
Baltic Sea, Fulda-Werra, South and South East, the SS-Main
Office [_SS-Hauptamt_], the NPEA (National Political Education
Institution) Vienna, and the SS-Cavalry-School in Hamburg
provided most of the SS-Officer and SS-Non-Coms who worked at
this job of resettlement.”

* * * * * *

“The settlement, establishment and care of the newly won
peasantry in the liberated Eastern territory will be one of the
most cherished tasks of the SS in the whole future.” (_2163-PS_)

E. _Defendant’s Membership in the SS._

In the course of its development from a group of strong armed bodyguards, some 200 in number, to a complex organization participating in every field of Nazi endeavor, the SS found room for its members in high places. Persons in high places moreover, found for themselves a position in the SS. Of the defendants charged in the indictment at least 7 were high ranking officers in the SS. They are the defendants Ribbentrop, Hess, Kaltenbrunner, Bormann, Sauckel, Neurath, and Seyss-Inquart. The vital part that Kaltenbrunner played in the SS, the SD, and the entire Security Police system is discussed in Section 6 on the Gestapo.

With respect to the other six defendants, the facts as to their membership in the SS are to be found in two official publications. The first is the membership list of the SS as of 1 December 1936. On line 2, page 8, of that publication, there appears the name “Hess, Rudolf,” followed by the notation, “By authority of the Fuehrer the right to wear the uniform of an SS Obergruppenfuehrer.” In the 1937 edition of the same membership list, line 50, page 10, there appears the name “Bormann, Martin,” and in line with his name on the opposite page, under the heading “Gruppenfuehrer,” appears the following date “20.4.37.” In the same edition, line 56, page 12, is the name “von Neurath, Konstantin” and on the opposite page, under the column headed “Gruppenfuehrer,” the date “18.9.37.”

The second publication is “_Der Grossdeutsche Reichstag_” for the Fourth Voting Period, edited by E. Kienast, Ministerial Director of the German Reichstag, an official handbook containing biographical data as to members of the Reichstag. On page 349 the following appears: “von Ribbentrop, Joachim, _Reichsminister des Auswaertigen_, SS Obergruppenfuehrer”; and on page 360 the following: “Sauckel, Fritz, _Gauleiter_ and _Reichsstatthalter_ in Thuringen, SS Obergruppenfuehrer”; and on page 389 the following: “Seyss-Inquart, Arthur, Dr. Jur., Reichsminister, SS Obergruppenfuehrer.”

F. _Conclusion._

It is the prosecution’s contention that the SS, as defined in Appendix B of the Indictment, was unlawful. Its participation in every phase of the conspiracy alleged in Count One is clear. As an organization founded on the principle that persons of “German blood” were a “master race,” it exemplified a basic Nazi doctrine. It served as one of the means through which the conspirators acquired control of the German government. The operations of the SD, and of the _SS Totenkopf Verbaende_ in concentration camps, were means used by the conspirators to secure their regime and terrorize their opponents as alleged in Count One. All components of the SS were involved from the very beginning in the Nazi program of Jewish extermination. Through the _Allgemeine SS_ as a para-military organization, the _SS Verfuegungstruppe_ and _SS Totenkopf Verbaende_ as professional combat forces, and the _Volksdeutsche Mittelstelle_ as a fifth column agency, it participated in preparations for aggressive war, and, through its militarized units, in the seizure of Austria, the invasion of Czechoslovakia, the attack on Poland, and the waging of aggressive war in the West and in the East, as set forth in Counts One and Two of the Indictment. In the course of such war, all components of the SS had a part in the war crimes and crimes against humanity, set forth in Counts Three and Four,—the murder and ill treatment of civilian populations in occupied territory, the murder and ill treatment of prisoners of war, and the Germanization of occupied territories.