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CRIMES IN THE CONDUCT OF WAR

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Even the most warlike of peoples have recognized in the name of humanity some limitations on the savagery of warfare. Rules to that end have been embodied in international conventions to which Germany became a party. This code had prescribed certain restraints as to the treatment of belligerents. The enemy was entitled to surrender and to receive quarter and good treatment as a prisoner of war. We will show by German documents that these rights were denied, that prisoners of war were given brutal treatment and often murdered. This was particularly true in the case of captured airmen, often my countrymen.

It was ordered that captured English and American airmen should no longer be granted the status of prisoners of war. They were to be treated as criminals and the Army was ordered to refrain from protecting them against lynching by the populace (R-118). The Nazi Government, through its police and propaganda agencies, took pains to incite the civilian population to attack and kill airmen who crash-landed. The order, given by the Reichsfuehrer SS, Himmler, on 10 August 1943, directed that,

“It is not the task of the police to interfere in clashes between German and English and American fliers who have bailed out.”

This order was transmitted on the same day by SS Obersturmbannfuhrer Brand of Himmler’s Personal Staff to all Senior Executive SS and Police officers, with these directions:

“I am sending you the inclosed order with the request that the Chief of the Regular Police and of the Security Police be informed. They are to make this instruction known to their subordinate officers verbally.” (R-110).

Similarly, we will show Hitler’s top secret order, dated 18 October 1942, that commandos, regardless of condition, were “to be slaughtered to the last man” after capture (498-PS). We will show the circulation of secret orders, one of which was signed by Hess, to be passed orally to civilians, that enemy fliers or parachutists were to be arrested or liquidated (062-PS). By such means were murders incited and directed.

This Nazi campaign of ruthless treatment of enemy forces assumed its greatest proportions in the fight against Russia. Eventually all prisoners of war were taken out of control of the Army and put in the hands of Himmler and the SS (058-PS). In the East, the German fury spent itself. Russian prisoners were ordered to be branded. They were starved. I shall quote passages from a letter written February 28, 1942 by defendant Rosenberg to defendant Keitel:

“The fate of the Soviet prisoners of war in Germany is on the contrary a tragedy of the greatest extent. Of 3.6 millions of prisoners of war, only several hundred thousand are still able to work fully. A large part of them has starved, or died, because of the hazards of the weather. Thousands also died from spotted fever.

“The camp commanders have forbidden the civilian population to put food at the disposal of the prisoners, and they have rather let them starve to death.

“In many cases, when prisoners of war could no longer keep up on the march because of hunger and exhaustion, they were shot before the eyes of the horrified civilian population, and the corpses were left.

“In numerous camps, no shelter for the prisoners of war was provided at all. They lay under the open sky during rain or snow. Even tools were not made available to dig holes or caves.

“Finally, the shooting of prisoners of war must be mentioned. For instance, in various camps, all the ‘Asiatics’ were shot.” (081-PS).

Civilized usage and conventions to which Germany was a party had prescribed certain immunities for civilian populations unfortunate enough to dwell in lands overrun by hostile armies. The German occupation forces, controlled or commanded by men on trial before you, committed a long series of outrages against the inhabitants of occupied territory that would be incredible except for captured orders and the captured reports showing the fidelity with which these orders were executed.

We deal here with a phase of common criminality designed by the conspirators as part of the common plan. We can appreciate why these crimes against their European enemies were not of a casual character but were planned and disciplined crimes when we get at the reason for them. Hitler told his officers on August 22, 1939 that “The main objective in Poland is the destruction of the enemy and not the reaching of a certain geographical line.” (1014-PS). The project of deporting promising youth from occupied territories was approved by Rosenberg on the theory that “a desired weakening of the biological force of the conquered people is being achieved.” (031-PS). To Germanize or to destroy was the program. Himmler announced, “Either we win over any good blood that we can use for ourselves and give it a place in our people or, gentlemen—you may call this cruel, but nature is cruel—we destroy this blood.” As to “racially good types” Himmler further advised, “Therefore, I think that it is our duty to take their children with us to remove them from their environment if necessary by robbing or stealing them.” (L-70). He urged deportation of Slavic children to deprive potential enemies of future soldiers.

The Nazi purpose was to leave Germany’s neighbors so weakened that even if she should eventually lose the war, she would still be the most powerful nation in Europe. Against this background, we must view the plan for ruthless warfare, which means a plan for the commission of war crimes and crimes against humanity.

Hostages in large numbers were demanded and killed. Mass punishments were inflicted, so savage that whole communities were extinguished. Rosenberg was advised of the annihilation of three unidentified villages in Slovakia. In May of 1943, another village of about 40 farms and 220 inhabitants was ordered wiped out. The entire population was ordered shot, the cattle and property impounded, and the order required that “the village will be destroyed totally by fire.” A secret report from Rosenberg’s Reich Ministry of Eastern territory reveals that:

“Food rations allowed the Russian population are so low that they fail to secure their existence and provide only for minimum subsistence of limited duration. The population, does not know if they will still live tomorrow. They are faced with death by starvation.

“The roads are clogged by hundreds of thousands of people, sometime as many as one million according to the estimate of experts, who wander around in search of nourishment.

“Sauckel’s action has caused great unrest among the civilians. Russian girls were deloused by men, nude photos in forced positions were taken, women doctors were locked into freight cars for the pleasure of the transport commanders, women in night shirts were fettered and forced through the Russian towns to the railroad station, etc. All this material has been sent to the OKH.”

Perhaps the deportation to slave labor was the most horrible and extensive slaving operation in history. On few other subjects is our evidence so abundant or so damaging. In a speech made on January 25, 1944, the defendant Frank, Governor-General of Poland, boasted, “I have sent 1,300,000 Polish workers into the Reich.” The defendant Sauckel reported that “out of the five million foreign workers who arrived in Germany not even 200,000 came voluntarily.” This fact was reported to the Fuehrer and defendants Speer, Goering, and Keitel (R-124). Children of 10 to 14 years were impressed into service by telegraphic order of Rosenberg’s Ministry for the Occupied Eastern Territories:

“The Command is further charged with the transferring of worthwhile Russian youth between 10–14 years of age, to the Reich. The authority is not affected by the changes connected with the evacuation and transportation to the reception camps of Pialystok, Krajewo, and Olitei. The Fuehrer wishes that this activity be increased even more.” (200-PS).

When enough labor was not forthcoming, prisoners of war were forced in war work in flagrant violation of international conventions (016-PS). Slave labor came from France, Belgium, Holland, Italy, and the East. Methods of recruitment were violent (R-124, 018-PS, 204-PS). The treatment of these slave laborers was stated in general terms, not difficult to translate into concrete deprivations, in a letter to the defendant Rosenberg from the defendant Sauckel, which stated:

The History of Nazi Conspiracy and Aggression

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