Chapter VII: ), was made possible by the following Cabinet laws: Law of 4 (6)

The evidence has shown that the SS was a single enterprise—a unified organization. Some of its functions were, of course, performed by one branch, or department or office, some by another. No single branch or department participated in every phase of its activity. But every branch and department and office was necessary to the functioning of the whole. The situation is much the same as in the case of the individual defendants at the bar. Not all participated in every act of the conspiracy; but all performed a contributing part in the whole criminal scheme.

The evidence has shown, not only that the SS was an organization of volunteers but that applicants had to meet the strictest standards of selection. It was not easy to become an SS member. That was true of all branches of the SS. During the course of the war, as the demands for manpower increased and the losses of the Waffen SS grew heavier and heavier, there were occasions when men drafted for compulsory military service were assigned to units of the _Waffen SS_ rather than to the _Wehrmacht_. Those instances were relatively few. Evidence of recruiting standards of the Waffen SS in 1943 has shown that membership in that branch was as essentially voluntary and highly selective as in other branches. The fact that some individuals may have been arbitrarily assigned to some Waffen SS unit has no bearing on the issue before the tribunal, which is this, whether the SS was or was not an unlawful organization. Doubtless some of the members of the SS, or of other of the organizations alleged to be unlawful, might desire to show that their participation in the organization was small or innocuous, that compelling reasons drove them to apply for membership, that they were not fully conscious of its aims, or that they were mentally irresponsible when they became members. Such facts might or might not be relevant if they were on trial. But in any event this is not the forum to try out such matters.

The question before this Tribunal is simply this, whether the SS was or was not an unlawful organization. The evidence has fully shown what the aims and activities of the SS were. Some of these aims were stated in publications. The activities were so widespread and so notorious, covering so many fields of unlawful endeavor, that the illegality of the organization could not have been concealed. It was a notorious fact, and Himmler himself admitted that in 1936, when he said:

“I know that there are people in Germany now who become sick
when they see these black coats. We know the reason and we don’t
expect to be loved by too many.”

It was at all times the exclusive function and purpose of the SS to carry out the common objectives of the conspirators. Its activities in carrying out those functions involved the commission of the crimes defined in Article 6 of the Charter. By reason of its aims and the means used for the accomplishment thereof, the SS should be declared a criminal organization in accordance with Article 9 of the Charter.

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO THE SCHUTZSTAFFELN
(SS)

│ │ │
Document │ Description │ Vol. │ Page
│ │ │
│Charter of the International Military │ │
│ Tribunal, Article 9. │ I │ 6
│International Military Tribunal, │ │
│ Indictment Number 1, Section IV (H);│ │
│ Appendix B. │ I │ 29, 70
│ ———— │ │
│Note: A single asterisk (*) before a │ │
│document indicates that the document │ │
│was received in evidence at the │ │
│Nurnberg trial. A double asterisk (**)│ │
│before a document number indicates │ │
│that the document was referred to │ │
│during the trial but was not formally │ │
│received in evidence, for the reason │ │
│given in parentheses following the │ │
│description of the document. The USA │ │
│series number, given in parentheses │ │
│following the description of the │ │
│document, is the official exhibit │ │
│number assigned by the court. │ │
│ ———— │ │
*002-PS │Letters of Reichs Research Department │ │
│regarding the budget of the SS. (USA │ │
│469) │ III │ 5
│ │ │
*058-PS │Hitler Order of 30 September 1944 │ │
│concerning reorganization of the │ │
│concerns of prisoners of war. (USA │ │
│456) │ III │ 103
│ │ │
*343-PS │Letter from Milch, Chief of the │ │
│Personal Staff, to Himmler, 31 August │ │
│1942, and letter from Milch to Wolff, │ │
│20 May 1942. (USA 463) │ III │ 266
│ │ │
*388-PS │File of papers on Case Green (the plan│ │
│for the attack on Czechoslovakia), │ │
│kept by Schmundt, Hitler’s adjutant, │ │
│April-October 1938. (USA 26) │ III │ 305
│ │ │
447-PS │Top Secret Operational Order to Order │ │
│No. 21, signed by Keitel, 13 March │ │
│1941, concerning Directives for │ │
│special areas. (USA 135) │ III │ 409
│ │ │
*501-PS │Collection of four documents on │ │
│execution by gas, June 1942, one │ │
│signed by Dr. Becker, SS │ │
│Untersturmfuehrer at Kiev, 16 May │ │
│1942. (USA 288) │ III │ 418
│ │ │
*641-PS │Report of Public Prosecutor General in│ │
│Munich, 1 June 1933, concerning murder│ │
│of Dr. Strauss in Dachau by an SS │ │
│guard. (USA 450) │ III │ 453
│ │ │
*642-PS │Report to Public Prosecutor General in│ │
│Munich, 1 June 1933, concerning murder│ │
│of Hausmann in Dachau by an SS guard. │ │
│(USA 451) │ III │ 454
│ │ │
*644-PS │Report to Public Prosecutor General in│ │
│Munich, 1 June 1933, concerning murder│ │
│of Schloss in Dachau by an SS guard. │ │
│(USA 452) │ III │ 455
│ │ │
*645-PS │Report to Public Prosecutor General in│ │
│Munich, 1 June 1933, concerning murder│ │
│of Nefzger in Dachau by an SS guard. │ │
│(USA 453) │ III │ 457
│ │ │
*647-PS │Secret Hitler Order, 17 August 1938, │ │
│concerning organization and │ │
│mobilization of SS. (USA 443) │ III │ 459
│ │ │
*654-PS │Thierack’s notes, 18 September 1942, │ │
│on discussion with Himmler concerning │ │
│delivery of Jews to Himmler for │ │
│extermination through work. (USA 218) │ III │ 467
│ │ │
686-PS │Decree of the Fuehrer and Reich │ │
│Chancellor to strengthen German │ │
│Folkdom, 7 October 1939, signed by │ │
│Hitler, Goering, Lammers and Keitel. │ │
│(USA 305) │ III │ 496
│ │ │
*744-PS │Secret letter of Keitel, 8 July 1943, │ │
│concerning manpower for coal mining. │ │
│(USA 455) │ III │ 540
│ │ │
*778-PS │Disciplinary and Penal Measures for │ │
│Concentration Camp Dachau and Service │ │
│Regulations for the Camp Personnel, │ │
│signed Eicke, 1 October 1933. (USA │ │
│247) │ III │ 550
│ │ │
781-PS │Memorandum by Minister of Justice, │ │
│Guertner, of conference with Himmler, │ │
│9 March 1936, concerning issuance of │ │
│decree on use of arms by concentration│ │
│camp officials. │ III │ 557
│ │ │
*812-PS │Letter from Rainer to Seyss-Inquart, │ │
│22 August 1939 and report from │ │
│Gauleiter Rainer to Reichskommissar │ │
│Gauleiter Buerckel, 6 July 1939 on │ │
│events in the NSDAP of Austria from │ │
│1933 to 11 March 1938. (USA 61) │ III │ 586
│ │ │
*1061-PS │Official report of Stroop, SS and │ │
│Police Leader of Warsaw, on │ │
│destruction of Warsaw Ghetto, 1943. │ │
│(USA 275) │ III │ 718
│ │ │
*1063-D-PS │Mueller’s order, 17 December 1942, │ │
│concerning prisoners qualified for │ │
│work to be sent to concentration │ │
│camps. (USA 219) │ III │ 778
│ │ │
1151-P-PS │Letter from WVHA, 28 March 1942, │ │
│concerning “Action 14 F 13” from files│ │
│of Gross Rosen Concentration camp. │ III │ 808
│ │ │
1166-PS │Interoffice memorandum of WVHA, 15 │ │
│August 1944, concerning number of │ │
│prisoners and survey of prisoners │ │
│clothing. (USA 458) │ III │ 824
│ │ │
*1352-PS │Reports concerning the confiscation of│ │
│Polish agricultural properties, 16 and│ │
│29 May 1940, signed Kusche. (USA 176) │ III │ 916
│ │ │
1551-PS │Decree assigning functions in Office │ │
│of Chief of German Police, 26 June │ │
│1936. 1936 Reichs Ministerialblatt, │ │
│pp. 946-948. │ IV │ 106
│ │ │
*1582-PS │Letter from SS Sturmbannfuehrer Brandt│ │
│to Dr. Rascher, 22 May 1941, │ │
│concerning use of prisoners for │ │
│high-flight research. (USA 462) │ IV │ 114
│ │ │
*1583-PS │Letter from Himmler, 16 November 1942,│ │
│concerning feminine prisoners in │ │
│concentration camps. (USA 465) │ IV │ 115
│ │ │
*1584-I-PS │Teletype from Goering to Himmler, 14 │ │
│February 1944, concerning formation of│ │
│7th Airforce Group squadron for │ │
│special purposes. (USA 221) │ IV │ 117
│ │ │
*1584-III-PS │Correspondence between Himmler and │ │
│Goering, 9 March 1944, concerning use │ │
│of concentration camp inmates in │ │
│aircraft industry. (USA 457) │ IV │ 118
│ │ │
*1602-PS │Letter from Dr. Rascher to Himmler, 15│ │
│May 1941, asking for use of prisoners │ │
│for experiments in high-altitude │ │
│flights. (USA 454) │ IV │ 132
│ │ │
1616-PS │Letter from Dr. Rascher to Himmler, 17│ │
│February 1943, concerning freezing │ │
│experiments. │ IV │ 133
│ │ │
1617-PS │Letter from Himmler to General Field │ │
│Marshal Milch, 13 November 1942, │ │
│concerning transfer of Dr. Rascher to │ │
│Waffen-SS. (USA 466) │ IV │ 133
│ │ │
*1618-PS │Report of Freezing experiments in │ │
│Dachau, 15 August 1942, signed by Dr. │ │
│Rascher. (USA 464) │ IV │ 135
│ │ │
1637-PS │Order of Himmler, 23 June 1938, │ │
│concerning acceptance of members of │ │
│Security Police into the SS. 1938 │ │
│Reichs Ministerialblatt, pp. │ │
│1089-1091. │ IV │ 138
│ │ │
*1680-PS │“Ten Years Security Police and SD” │ │
│published in The German Police, 1 │ │
│February 1943. (USA 477) │ IV │ 191
│ │ │
1725-PS │Decree enforcing law for securing the │ │
│unity of Party and State, 29 March │ │
│1935. 1935 Reichsgesetzblatt, Part I, │ │
│p. 502. │ IV │ 224
│ │ │
*1751-PS │Letter to all concentration camp │ │
│commanders, from Gluecks, 12 May 1944,│ │
│concerning assignment of prisoners for│ │
│experimental purposes. (USA 468) │ IV │ 279
│ │ │
*1851-PS │The Security Squadron as an │ │
│Anti-Bolshevist Battle Organization │ │
│1936 by Himmler from The New Germany │ │
│Speaks Here, book 11. (USA 440) │ IV │ 488
│ │ │
*1852-PS │“Law” from The German Police, 1941, by│ │
│Dr. Werner Best. (USA 449) (See Chart │ │
│No. 16.) │ IV │ 490
│ │ │
*1857-PS │Announcement of creation of SS as │ │
│independent formation of NSDAP. │ │
│Voelkischer Beobachter, 26 July 1934, │ │
│p. 1. (USA 412) │ IV │ 496
│ │ │
1918-PS │Speech by Himmler to SS officers on │ │
│day of Metz. (USA 304) │ IV │ 553
│ │ │
*1919-PS │Himmler’s speech to SS │ │
│Gruppenfuehrers, 4 October 1943. (USA │ │
│170) │ IV │ 558
│ │ │
1932-PS │Letter from Office of Chief of │ │
│Department D of WVHA, 7 June 1943, │ │
│concerning handling of prisoners who │ │
│fall under Night and Fog decree. │ IV │ 579
│ │ │
*1933-PS │Letter to Commandant of Gross Rosen │ │
│Camp from Department 10 of WVHA, 27 │ │
│April 1943, providing that “Action 14 │ │
│F 13” be applied only to insane. (USA │ │
│459) │ IV │ 581
│ │ │
*1972-PS │Letter from Chief of SS Operations │ │
│Headquarters to Himmler, 14 October │ │
│1941, reporting on executions of │ │
│Czechs by Waffen SS. (USA 471) │ IV │ 604
│ │ │
*1992-A-PS │Organization and Obligations of the SS│ │
│and the Police from “National │ │
│Political Education of the Army, │ │
│January 1937”. (USA 439) │ IV │ 616
│ │ │
2073-PS │Decree concerning the appointment of a│ │
│Chief of German Police in the Ministry│ │
│of the Interior, 17 June 1936. 1936 │ │
│Reichsgesetzblatt, Part I, p. 487. │ IV │ 703
│ │ │
*2163-PS │The SS during the War-Year 1939-40, │ │
│published in National Socialist │ │
│Yearbook, 1941. (USA 444) │ IV │ 762
│ │ │
*2164-PS │The SS since the Reichparteitag 1938, │ │
│published in National Socialist │ │
│Yearbook, 1940. (USA 255) │ IV │ 768
│ │ │
*2189-PS │Orders from Department D of Economic │ │
│and Administrative Main Office, 11 │ │
│August 1942, concerning punishment by │ │
│beating. (USA 460) │ IV │ 842
│ │ │
2199-PS │Letter to Commanders of concentration │ │
│camps, 12 September 1942, concerning │ │
│return of urns of inmates deceased in │ │
│concentration camps. (USA 461) │ IV │ 853
│ │ │
*2284-PS │The Organizational Structure of the │ │
│Third Reich—The SS—from Writings of │ │
│the Hochschule for Politics. (USA 438)│ IV │ 973
│ │ │
*2640-PS │Extracts from Organization Book of │ │
│NSDAP, 1943. (USA 323) │ V │ 346
│ │ │
*2668-PS │“And Don’t Forget the Jews”, from the │ │
│Black Corps, 8 August 1940, No. 32, p.│ │
│2. (USA 269) │ V │ 367
│ │ │
*2768-PS │Letter from Himmler to Kaltenbrunner, │ │
│24 April 1943. (USA 447) │ V │ 412
│ │ │
*2769-PS │Order of Battle of the SS, 1 November │ │
│1944. (USA 442) │ V │ 413
│ │ │
*2788-PS │Notes of conference in the Foreign │ │
│Office between Ribbentrop, Konrad │ │
│Henlein, K. H. Frank and others on │ │
│program for Sudeten agitation, 29 │ │
│March 1938. (USA 95) │ V │ 422
│ │ │
*2825-PS │Soldier’s Friend—pocket diary for │ │
│German Armed Forces with calendar for │ │
│1943. (USA 441) │ V │ 462
│ │ │
2946-PS │Decree relating to Special │ │
│Jurisdiction in Penal Matters for │ │
│members of SS and for members of │ │
│Police Groups on Special Tasks of 17 │ │
│October 1939. 1939 Reichsgesetzblatt, │ │
│Part I, p. 2107. │ V │ 625
│ │ │
2947-PS │Second decree for implementation of │ │
│decrees relating to Special │ │
│Jurisdiction in Penal Matters for │ │
│members of SS and members of Police │ │
│Groups on special tasks of 17 April │ │
│1940. 1940 Reichsgesetzblatt, Part I, │ │
│p. 659. │ V │ 627
│ │ │
2949-PS │Transcripts of telephone calls from │ │
│Air Ministry, 11-14 March 1938. (USA │ │
│76) │ V │ 628
│ │ │
*2950-PS │Affidavit of Frick, 19 November 1945. │ │
│(USA 448) │ V │ 654
│ │ │
*2968-PS │Memorandum from U. S. Army officer │ │
│concerning plaque erected in Austrian │ │
│Chancellery in memoriam to killers of │ │
│Dollfuss. (USA 60) │ V │ 677
│ │ │
*2997-PS │Supplementary report of Supreme │ │
│Headquarters, Allied Expeditionary │ │
│Force, Court of Inquiry, concerning │ │
│shooting of Allied Prisoners of War in│ │
│Normandy, France. (USA 472) │ V │ 716
│ │ │
*3051-PS │Three teletype orders from Heydrich to│ │
│all stations of State Police, 10 │ │
│November 1938, on measures against │ │
│Jews, and one order from Heydrich on │ │
│termination of protest actions. (USA │ │
│240) │ V │ 797
│ │ │
*3059-PS │German Foreign Office memorandum, 19 │ │
│August 1938, on payments to Henlein’s │ │
│Sudeten German Party between 1935 and │ │
│1938. (USA 96) │ V │ 855
│ │ │
*3429-PS │Extract from The SS Calls You. (USA │ │
│446) │ VI │ 133
│ │ │
3815-PS │Report of the SS, 25 April 1942, │ │
│concerning the activities of Hans │ │
│Frank in Poland. │ VI │ 745
│ │ │
*3839-PS │Statement of Josef Spacil, 9 November │ │
│1945, concerning the meaning of │ │
│“resettlement” and “special │ │
│treatment”. (USA 799) │ VI │ 774
│ │ │
*3840-PS │Statement of Karl Kaleske, 24 February│ │
│1946, concerning the elimination of │ │
│the Warsaw Ghetto. (USA 803) │ VI │ 775
│ │ │
3841-PS │Statement of SS and Polizeifuehrer │ │
│Juergen Stroop, 24 February 1946, │ │
│concerning elimination of the Warsaw │ │
│Ghetto. (USA 804) │ VI │ 776
│ │ │
*3842-PS │Statement of Fritz Mundhenke, 7 March │ │
│1946, concerning the activities of │ │
│Kaltenbrunner and SS in preparation │ │
│for occupation of Czechoslovakia. (USA│ │
│805) │ VI │ 778
│ │ │
*3868-PS │Affidavit of Rudolf Franz Ferdinand │ │
│Hoess, 5 April 1946, concerning │ │
│execution of 3,000,000 people at │ │
│Auschwitz Extermination Center. (USA │ │
│819) │ VI │ 787
│ │ │
*3870-PS │Affidavit of Hans Marsalek, 8 April │ │
│1946, concerning Mauthausen │ │
│Concentration Camp and dying statement│ │
│of Franz Ziereis, the Commandant. (USA│ │
│797) │ VI │ 790
│ │ │
*D-569 │File of circulars from Reichsfuehrer │ │
│SS, the OKW, Inspector of │ │
│Concentration Camps, Chief of Security│ │
│Police and SD, dating from 29 October │ │
│1941 through 22 February 1944, │ │
│relative to procedure in cases of │ │
│unnatural death of Soviet PW, │ │
│execution of Soviet PW, etc. (GB 277) │ VII │ 74
│ │ │
*D-665 │Hitler’s license for the SS. (GB 280) │ VII │ 170
│ │ │
*D-745-A │Deposition of Anton Kaindl, 8 March │ │
│1946, concerning SS personnel │ │
│supervising concentration camps. (USA │ │
│811) │ VII │ 208
│ │ │
*D-745-B │Deposition of Anton Kaindl, 19 March │ │
│1946, concerning SS personnel │ │
│supervising concentration camps. (USA │ │
│812) │ VII │ 209
│ │ │
*D-746-A │Deposition of Fritz Suhren, 8 March │ │
│1946, concerning SS personnel │ │
│supervising concentration camps. (USA │ │
│813) │ VII │ 209
│ │ │
D-746-B │Deposition of Fritz Suhren, 19 March │ │
│1946, concerning SS personnel │ │
│supervising concentration camps. (USA │ │
│814) │ VII │ 210
│ │ │
*D-748 │Affidavit of Karl Totzauer, 15 March │ │
│1946, concerning SS personnel │ │
│supervising concentration camps. (USA │ │
│816) │ VII │ 211
│ │ │
*D-749-B │Statement of Rudolf Hoess, 20 March │ │
│1946, concerning SS personnel │ │
│supervising concentration camps. (USA │ │
│817) │ VII │ 212
│ │ │
*D-750 │Deposition of August Harbaum, 19 March│ │
│1946, concerning SS personnel │ │
│supervising concentration camps. (USA │ │
│818) │ VII │ 213
│ │ │
*L-18 │Official report, Katzmann to General │ │
│of Police Krueger, 30 June 1943, │ │
│concerning “Solution of Jewish │ │
│Question in Galicia”. (USA 277) │ VII │ 755
│ │ │
*L-49 │Affidavit of Otto Hoffman, Chief of SS│ │
│Main Office for Race and Settlement, 4│ │
│August 1945. (USA 473) │ VII │ 795
│ │ │
*L-103 │Letter, 12 September 1944, concerning │ │
│experiments with │ │
│Akonitin-nitrate-bullets. (USA 467) │ VII │ 877
│ │ │
L-156 │Circular letter from Office of │ │
│Commissioner for Four-Year Plan, 26 │ │
│March 1943, concerning removal of Jews│ │
│to labor camps. │ VII │ 905
│ │ │
*L-180 │Report by SS Brigade Commander │ │
│Stahlecker to Himmler, “Action Group │ │
│A”, 15 October 1941. (USA 276) │ VII │ 978
│ │ │
L-198 │State Department Dispatch by Consul │ │
│General Messersmith, 14 March 1933, │ │
│concerning molesting of American │ │
│citizens in Berlin. │ VII │ 1026
│ │ │
L-201 │Excerpts from Berlin newspapers, April│ │
│1933, concerning violence against Jews│ │
│and discrimination against politically│ │
│undesirable professors. │ VII │ 1035
│ │ │
L-273 │Report of American Consul General in │ │
│Vienna to Secretary of State, 26 July │ │
│1938, concerning anniversary of │ │
│assassination of Chancellor Dollfuss. │ │
│(USA 59) │ VII │ 1094
│ │ │
*L-361 │Three documents concerning the │ │
│formation of the RSHA, Himmler, 27 │ │
│September 1939; Heydrich, 23 and 27 │ │
│September 1939. (USA 478) │ VII │ 1109
│ │ │
*R-102 │Report on activities of The Task │ │
│Forces of SIPO and SD in USSR, 1-31 │ │
│October 1941. (USA 470) │ VIII │ 96
│ │ │
*R-112 │Orders issued by Reich Commissioner │ │
│for the Consolidation of German │ │
│nationhood, 16 February 1942, 1 July │ │
│1942, 28 July 1942. (USA 309) │ VIII │ 108
│ │ │
*R-114 │Memoranda of conferences, 4 and 18 │ │
│August 1942, concerning directions for│ │
│treatment of deported Alsatians. (USA │ │
│314) │ VIII │ 122
│ │ │
*R-124 │Speer’s conference minutes of Central │ │
│Planning Board, 1942-44, concerning │ │
│labor supply. (USA 179) │ VIII │ 146
│ │ │
*R-129 │Letter and enclosure from Pohl to │ │
│Himmler, 30 April 1942, concerning │ │
│concentration camps. (USA 217) │ VIII │ 198
│ │ │
*R-135 │Letter to Rosenberg enclosing secret │ │
│reports from Kube on German atrocities│ │
│in the East, 18 June 1943, found in │ │
│Himmler’s personal files. (USA 289) │ VIII │ 205
│ │ │
R-143 │Himmler decree, 1 December 1939, │ │
│concerning procedure for confiscation │ │
│of works of art, archives, and │ │
│documents. │ VIII │ 246
│ │ │
Affidavit A │Affidavit of Erwin Lahousen, 21 │ │
│January 1946, substantially the same │ │
│as his testimony on direct examination│ │
│before the International Military │ │
│Tribunal at Nurnberg 30 November and 1│ │
│December 1945. │ VIII │ 587
│ │ │
Affidavit B │Affidavit of Otto Ohlendorf, 20 │ │
│November 1945, substantially the same │ │
│as his testimony on direct examination│ │
│before the International Military │ │
│Tribunal at Nurnberg 3 January 1946. │ VIII │ 596
│ │ │
Affidavit F │Affidavit of Josef Dietrich, 20-21 │ │
│November 1945. │ VIII │ 631
│ │ │
Affidavit G │Affidavit of Fritz Ernst Fischer, 21 │ │
│November 1945. │ VIII │ 635
│ │ │
Statement IX │My Relationship to Adolf Hitler and to│ │
│the Party, by Erich Raeder, Moscow, │ │
│fall 1945. │ VIII │ 707
│ │ │
*Chart No. 1 │National Socialist German Workers’ │ │
│Party. (2903-PS; USA 2) │ VIII │ 770
│ │ │
*Chart No. 3 │Organization of the SS. (USA 445) │ VIII │ 772
│ │ │
*Chart No. 5 │Position of Kaltenbrunner and the │ │
│Gestapo and SD in the German Police │ │
│System. (USA 493) │ VIII │ 774
│ │ │
*Chart No. 16 │The Structure of the German Police. │
│(1852-PS; USA 449) │ End of VIII
│ │ │
*Chart No. 19 │Organization of the Security Police │
│(Gestapo and Kripo) and the SD │
│1943-1945. (2346-PS; USA 480) │ End of VIII

6. THE GEHEIME STAATSPOLIZEI (GESTAPO) AND SICHERHEITSDIENST (SD)

This section on the _Geheime Staatspolizei_ (GESTAPO) includes evidence on the criminality of the _Sicherheitsdienst_ (SD) of the _Schutzstaffel_ (SS). In the Indictment the SD is included by special references as a part of the SS, since it originated as a part of the SS and always retained its character as a party organization, as distinguished from the GESTAPO, which was a State organization. As will be shown in this section, however, the GESTAPO and the SD were brought into close working relationship, the SD serving primarily as the information-gathering agency and the GESTAPO as the executive agency of the police system established by the Nazis for the purpose of combatting the political and ideological enemies of the Nazi regime. This close working relationship between the GESTAPO and the SD was accomplished by the appointment of Himmler, the Reichsfuehrer of the SS, to the position of Chief of the German Police. What is proved in this section with respect to the criminality of the SD applies directly to the case against the SS. The relationship between the SS and the GESTAPO is considered in section 5 on the SS.

A. _Development of the Gestapo and the SD._

(1) _Development of the GESTAPO._ The _Geheime Staatspolizei_, or GESTAPO, was first established in Prussia on 26 April 1933 by Goering, with the mission of carrying out the duties of political police with or in place of the ordinary police authorities. The GESTAPO chief was given the rank of a higher police authority and was subordinated only to the Minister of the Interior, to whom was delegated the responsibility of determining its functional and territorial jurisdiction (_2104-PS_). Pursuant to this law, and on the same date, the Minister of the Interior issued a decree on the reorganization of the police which established a State Police Bureau in each government district of Prussia subordinate to the Secret State Police Bureau in Berlin. (_2371-PS_)

On 30 November 1933 Goering issued a decree for the Prussian State Ministry and for the Reichs Chancellor which acknowledged the valuable services which the GESTAPO was able to render to the State and which placed the GESTAPO under his direct supervision as Chief. The GESTAPO was thereby established as an independent branch of the Administration of the Interior, responsible directly to Goering as Prussian Prime Minister. This decree gave the GESTAPO jurisdiction over the political police matters of the general and interior administration and provided that the district, county, and local police authorities were subject to the directives of the GESTAPO (_2105-PS_). By a decree of 8 March 1934 the regional State Police offices were separated from their organizational connection with the district government and established as independent authorities of the GESTAPO. (_2113-PS_)

Parallel to the development of the GESTAPO in Prussia, the Reichsfuehrer SS, Heinrich Himmler, created in Bavaria the Bavarian Political Police and also directed the formation of political police forces in the other federal states outside of Prussia. The unification of the political police of the various states took place in the spring of 1934 when Hermann Goering appointed Himmler the Deputy Chief of the Prussian GESTAPO in place of the former Deputy Chief, Diels. Himmler thereby obtained unified control over the political police forces throughout the Reich. (_1680-PS_)

On 10 February 1936 the basic law for the GESTAPO was promulgated by Goering as Prussian Prime Minister. This law provided that the Secret State Police had the duty to investigate and to combat in the entire territory of the State all tendencies inimical to the State, and declared that orders in matters of the Secret State Police were not subject to the review of the administrative courts (_2107-PS_). On the same date, 10 February 1936, a decree for the execution of said law was issued by Goering as Prussian Prime Minister and by Frick as Minister of the Interior. This decree provided that the GESTAPO had authority to enact measures valid in the entire area of the State and measures affecting that area, that it was the centralized agency for collecting political intelligence in the field of political police, and that it administered the concentration camps. The GESTAPO was given authority to make police investigations in cases of criminal attacks upon Party as well as upon State. (_2108-PS_)

On 28 August 1936 a circular of the Reichsfuehrer SS and Chief of the German Police provided that as of 1 October 1936 the political police forces of the German provinces were to be called the “_Geheime Staatspolizei_” (Secret State Police). The regional offices were still to be described as State Police (_2372-PS_). On 20 September 1936 a circular of the Minister of the Interior commissioned the GESTAPO Bureau in Berlin with the supervision of the duties of the political police commanders in all the States of Germany. (_L-297_)

The law relating to financial measures in connection with the police of 19 March 1937 provided that officials of the GESTAPO were to be considered direct officials of the Reich and their salaries, in addition to the operational expenses of the whole State Police, were to be borne from 1 April 1937 on by the Reich. (_2243-PS_)

Through the above laws and decrees the GESTAPO was established as a uniform political police system operating throughout the Reich and serving Party, State, and the Nazi leadership.

(2) _Development of the SD._ In 1932 the Reichsfuehrer of the SS, Heinrich Himmler, created the _Sicherheitsdienst_, or SD, as an intelligence service of the SS under the then SS-Standartenfuehrer Reinhard Heydrich. (_1680-PS_)

On 9 June 1934, the NSDAP issued an ordinance which merged all information facilities then existing within the Party organization into the SD, and the SD was established as the sole Party information service. (_1680-PS_)

In the course of its development, the SD came into increasingly closer cooperation with the GESTAPO and also with the _Reich Kriminalpolizei_, the Criminal Police, or KRIPO. The GESTAPO and the KRIPO considered together were called the _Sicherheitspolizei_, the Security Police, or SIPO. The SD was also called upon to furnish information to various State authorities. On 11 November 1938 a decree of the Reich Minister of the Interior declared that the SD was to be the intelligence organization for the State as well as for the Party, that it had the particular duty of supporting the Secret State Police, and that it thereby became active on a national mission. These duties necessitated a close cooperation between the SD and the authorities for the General and Interior Administration. (_1680-PS_; _1638-PS_)

Through the above laws and decrees the SD was established as a uniform political information service operating throughout the Reich and serving Party, State, and the Nazi leadership.

(3) _Consolidation of the GESTAPO and the SD._ The first step in the consolidation of the political police system of the State (the GESTAPO) and the information service of the Nazi Party (the SD) took place in the spring of 1934 when Goering appointed Himmler Deputy Chief of the GESTAPO. Heydrich was the head of the SD under Himmler, and when Himmler took over the actual direction of the GESTAPO, these two agencies were in effect united under one command. (_1956-PS_; _2460-PS_)

On 17 June 1936, “for the uniformity of police duties in the Reich,” the position of Chief of the German Police was established in the Reich Ministry of the Interior, to which was assigned the direction and protection of all police affairs within the jurisdiction of the Reich. By this law Himmler was appointed Chief of the German Police under Frick, the Reich Minister of the Interior, and was given the right to participate in the sessions of the Reich Cabinet as Chief of the German Police. (_2073-PS_)

On 26 June 1936 Himmler issued a decree providing for the appointment of a chief of the uniformed police and of a chief of the Security Police. This decree divided the German police system into two principal branches:

(_a_) _Ordnungspolizei_ (ORPO or Regular Police).

(_b_) _Sicherheitspolizei_ (SIPO or Security Police).

The _Ordnungspolizei_ was composed of the _Schutzpolizei_ (Safety Police), the _Gendarmerie_ (Rural Police), and the _Gemeindepolizei_ (Local Police). The _Sicherheitspolizei_ was composed of the _Reich Kriminalpolizei_ (KRIPO) and the _Geheime Staatspolizei_ (GESTAPO). Daluege was named head of the _Ordnungspolizei_ and Heydrich was named head of the _Sicherheitspolizei_. Since Heydrich was also head of the SD, he took the new title of Chief of the Security Police and SD. (_1551-PS_)

On 27 September 1939 by order of Himmler, in his capacity as Reichsfuehrer SS and Chief of the German Police, the central offices of the GESTAPO and the SD, together with the Criminal Police, were centralized in the office of the Chief of the Security Police and SD under the name of the _Reichssicherheitshauptamt_, Reich Security Main Office, or RSHA. Under this order the personnel and administrative sections of each agency were coordinated in _Amt_ I and _Amt_ II of the RSHA; the operational sections of the SD became _Amt_ III (except for foreign intelligence which was placed in _Amt_ VI); the operational sections of the GESTAPO became _Amt_ IV and the operational sections of the KRIPO became _Amt_ V. Ohlendorf was named the Chief of _Amt_ III, the SD within Germany; Mueller was named the Chief of _Amt_ IV, the GESTAPO; and Nebe was named the Chief of _Amt_ V, the KRIPO. (_L-361_)

On 27 September 1939 Heydrich, as Chief of the Security Police and SD, issued a directive pursuant to the foregoing order of Himmler, in which he ordered the designation and heading “_Reichssicherheitshauptamt_” to be used exclusively in internal relations of the Reich Ministry of the Interior, and the heading “The Chief of the Security Police and SD” in transactions with outside persons and offices. The directive provided that the GESTAPO would continue to use the designation and heading “_Geheime Staatspolizeiamt_” according to particular instructions. (_L-361_)

In 1944 most of the sections of the _Abwehr_ (military intelligence) were incorporated into the various sections of the RSHA and into a new section connected with _Amt_ VI, called the _Militaerisches Amt_. (_2644-PS_)

Heydrich was Chief of the Security Police and SD (RSHA) until his death on 4 June 1942, after which Himmler directed the organization until the appointment of the defendant Ernst Kaltenbrunner as Chief of the Security Police and SD. Kaltenbrunner took office on 30 January 1943 and remained Chief of the Security Police and SD (RSHA) until the end of the war. (_2644-PS_)

B. _Organization of the Gestapo and the SD._

(1) _Organization of the Gestapo_ (_Amt_ IV of the RSHA). The headquarters organization of the GESTAPO (_Amt_ IV of the RSHA) was set up on a functional basis. In 1943 it contained five sub-sections.

Section A dealt with opponents, sabotage, and protective service and was subdivided as follows:

A 1 Communism, Marxism and associated organizations, war crimes,
illegal and enemy propaganda.
A 2 Defense against sabotage, combatting of sabotage, political
falsification.
A 3 Reaction, opposition, legitimism, liberalism, matters of malicious
opposition.
A 4 Protective service, reports of attempted assassinations, guarding,
special jobs, pursuit troops.

Section B dealt with political churches, sects and Jews, and was subdivided as follows:

B 1 Political Catholicism. B 2 Political Protestantism Sects. B 3 Other churches, Freemasonry. B 4 Jewish affairs, matters of evacuation, means of suppressing enemies of the people and State, dispossession of rights of German citizenship. (Eichmann was head of this office).

Section C dealt with card files, protective custody, and matters of press and Party, and was subdivided as follows:

C 1 Evaluation, main card index, administration of individual files, information office, supervision of foreigners. C 2 Matters of protective custody. C 3 Matters of the press and literature. C 4 Matters of the Party and its formations, special cases.