Chapter CXXVI: Part III: Setting of penalties and Conclusion (3)

He then remains in the active General SS as SS man until he is 35. Upon request, he then will enter the SS Reserve and upon reaching 45 he will transfer into the SS inactive Corps.

The SS Militarized forces [Verfuegungstruppen, VT]

Out of the General SS, the foundation of all SS, after the seizing of power the SS militarized forces appeared, on account of considerations which are indicated in another reference, in a slow and organizational development.

Its garrison and construction are also described in another place.

The militarized forces are constructed after the experiences of the SS upon the fundamental basis of National Socialist perception of selection, direction and education.

The SS militarized forces, in their present day form which is clearly delineated, are an active garrisoned and armed part of the SS. Those men selected and tested according to the standards of the SS have obligated themselves to a period of service of at least four years. In addition to the indoctrination for the SS man, these troops receive a full military education. The service in the militarized force counts toward the fulfillment of military service.

After termination of their obligations in the militarized forces, the SS men naturally go back into the General SS from which they came.

The SS Death Head Units

The SS Death Head units form one part of the garrisoned SS. They arose from volunteers of the General SS who were recruited for the guarding of concentration camps in 1933.

Their mission, aside from the indoctrination of the armed political soldier, is the guarding of enemies of the State who are held in concentration camps.

The SS Death Head units obligate their members to 12 years (service). It is composed mainly of men who already have fulfilled their duty to serve in the Wehrmacht. This time of service is counted completely.

The Death Head units are fundamentally similar to the SS militarized forces in construction and equipment. They consist of four regiments.

Personnel Chief of the SS

The Office of the personnel Chief of the SS is the SS-Personnel Chancellery. It handles all personnel affairs of the Fuehrer Corps of the whole SS.

Further, the Personnel Chief is Inspector of the SS Junker schools in Braunschweig and Toelz. He is responsible for the continuation of education of the forthcoming young Fuehrers from these schools.

The Fuehrer school of the General SS Munich-Dachau is also placed under the Personnel Chief.

Chief of the SS Courts

The SS-Courts, directly under the Reichsfuehrer SS, is the highest office of the SS in all cases of disciplinary or honorary jurisdiction. Its activity therefore consists, above all, in the handling of disciplinary actions; in cases of less severe nature it acts as court of appeal.

Further, the SS-Court is solely competent for the handling of cases of clemency as well as of disciplinary and also of punitive nature.

As the highest office of disciplinary penal affairs of the SS, at the same time the SS-Court is the liaison office for all offices of the Party and Reich which are essentially connected with its area of jurisdiction.

A penal jurisdiction will be introduced for the members of the SS militarized forces, the SS Death Head units, the main offices of the Security Service of the SS and for these main official members of the General SS who are placed over these units. Its construction is undertaken at present.

The Security Service

During the fighting years, the scope of jurisdiction of the SS had experienced an expansion in the course of time to such an extent that more and more the necessity for discovering and knowing of opposing tendencies developed as an absolute requirement for their operational campaign. Originally, the SS served as the personal protection for the Fuehrer and for leading personalities of the National Socialistic Movement.

Beyond the steady growth of the Party, the original relatively simple mission of the protection of persons has further developed to a problem of the Security of the Party and its manifold functions. For this purpose, intelligence services were installed in the Party and all of its components with the mission: to counter the significance of the opposing aggressive and destructive intentions through exploration and judging of the threatening menaces.

However, there was no uniform planning, and a central collaboration of intelligence services was hardly attempted.

The SS had also acquired an intelligence service at this time for the fulfillment of its missions. Contrary to the rest of the intelligence services of the Party, a far-reaching systematic political intelligence service grew out of the so-called I.C. Service, the later P.I. Service [Press and Information] of the Reichsfuehrer SS.

This intelligence service developed upon the fundamentals of racial selection and ideological rearing in conformity with the general fundamentals of the SS in deviation from all limitations of scope, of momentary or personal nature in connection with an all embracing positive setting of a goal, toward a true Security Service at first for the SS and the Party and later thereby, for the people and the Reich.

This became clear after the taking over of power, as the “Security Service of the Reichsfuehrer SS” proved that it had seized all opponents and living provinces which were or could become significant for the new National Socialist State. This was done by a planned construction of the organization, which kept itself free from personal dependency.

From this development, in the field of Party intelligence service, the Deputy of the Fuehrer drew the deduction which he made in his decree of 9 June 1934 that “no intelligence or counterintelligence service of the Party may exist outside of the Security Service of the Reichsfuehrer SS.” From the promulgation of this decree on, the Security Service of the Reichsfuehrer SS is the only political intelligence service of the National Socialist German Workers’ Party.

Since the Security Service of the Reichsfuehrer SS delivered information on the situation and its connection through constant observation of the open and secret enemies of the National Socialistic ideology, it more and more became an organ for protection of the State and of the people which stood in closest cooperation with the Secret State Police.

The head of the organization of the Security Service Reichsfuehrer SS is the Main Security Office which stands next to the main offices of the Reichsfuehrer SS. The Chief of the Main Security Office is the present SS-Maj. Gen. Heydrich, who is at the same time Chief of the Security Police, and who was entrusted at that time with the construction of the I.C., as well as, the P.I. Service.

The regional construction of the Security Service Reichsfuehrer SS is close to that of the General SS in its subdivision into Corps and sectors.

The constant observation of the course of working methods of the opponent, and his technique in the alternate forms of appearance, his ideologies and methods of work compulsorily lead thereto, that the work of the Security Service Reichsfuehrer SS cannot only be intended for the hour but must be expansive and far-reaching.

The Race and Settlement Affairs

After the Main Security Office comes the Main Race and Settlement Agency as the next pillar of the Reichsfuehrer SS.

In this Race and Settlement Agency the marriage applications of the SS men are handled in the Relations Office, because no SS man can openly marry without the permission of the Reichsfuehrer SS under the stipulations of the marriage law of 1931. For this, a medical examination is required for man and wife. Guarantees for ideological and personal rearing are to be brought for the bride. Further, the family tree is now required of man and wife--by officers [Fuehrers] back to 1750 and by non-coms [Unterfuehrer] back to 1800. A copy of the hereditary health certificate is likewise required.

In order to make possible a rapid gathering of the necessary requirements, Relation Officers are established and provided in the infantry battalions of the General SS. They, like the Main Race and Settlement Agency, are to help the SS man in the gathering of all required papers.

This naturally entails a gigantic work and extensive organizational preparations in order to meet quickly the requests which today are very pressing since people are being married in greater numbers.

The Settlements Office within the Main Race and Settlement Agency handles and brings about the idea of blood and earth [Blut und Boden] by settling valuable SS families in connection with the new creation of German peasantry and homestead settlement.

Further, the Race office in the Main Race and Settlement Agency watches over the uniformity of the racial acceptance examinations and over the schooling of these specialists who are to be employed for these acceptance examinations within SS units.

Personal Staff Reichsfuehrer SS

The “Personal Staff Reichsfuehrer SS” was formed as a central headquarters for the Reichsfuehrer SS and at the same time, as an essential main office.

This office developed out of the Adjutants Office of the Reichsfuehrer SS in the course of increased missions. Today it is placed under the Chief Adjutants’ Office and the Police Adjutant’s Office of the Reichsfuehrer SS. The Personal Staff, through its business experts, handles the normal traffic, it administers the press section of the Reichsfuehrer SS as well as the cultural section. Among others, it also has the porcelain manufacture in Allach under its jurisdiction.

In addition, the SS barracks, that is the summation of all SS men in the higher institutes of learning, are placed under the Personal Staff Reichsfuehrer SS.

In addition, the following working areas are combined in the following divisions in the Personal Staff.

The section of Economic Aid (it handles encumbrance problems which developed out of the fighting years).

The section for cultural Research (prehistoric works, expeditions with the support of the Reichsfuehrer SS, excavations as well as foundations).

The society “The Ancestral heritage” [Das Ahnenerbe].

The society “The Well of Life” [Lebensborn]. This consists mainly of members of the SS. It makes possible to women with many children the best possible care in ideal homes before, during and after child birth. Furthermore, it makes possible the painless delivery for good racial, unmarried, and about-to-be married mothers.

At present, several homes in Steinhoering Polzen, Klosterheide (Mark), Hoheharst bei Bremen and in Wiener Wald belong to the society “Well of Life.”

The office “Four Year Plan” fulfills the mission of regulation of the labor employment which was assigned by the Director of the Four Year Plan.

Finally, the liaison officers to the Ministries and Offices of the Party are assembled under the Personal Staff.

The Motto [Kernsatz] of the SS

There is no mission for its own sake. How can there, therefore, be missions for the sake of an organization. There is only one mission which everything in Germany serves and that is the life of this people through Adolf Hitler.

“So we fell in and are marching, according to unchangeable laws as a national socialistic, soldierly order of men designated as Nordic and as an avowed association of their kindred, along the way into a distant future. We wish and believe that we should not only be the descendants, who have fought it out better, but especially the ancestors of those later generations necessary for the perpetual life of the German Teutonic people.”

This motto of the SS which was given to it by the Reichsfuehrer SS Heinrich Himmler, is the direction for this troop within the framework of the movement. This is the sense by which everything which concerns the SS consequent, steadfast, and thrifty, today, maintains a happy and positive appearance.

If the individual tasks in the framework of this great Protective Corps--often limited in nature by the tasks themselves--may occasionally be heavy and represent the harshest human requirements then the filling of all necessities with this consciousness of a great duty and a clean and concrete association of this concept gives every duty the gleam and happiness which the National Socialist heart needs and is continuously needing.

III. The Inner Security

After the outward conclusion of the revolution of our ideology, in possession of power and thereby in the continuous, unlimited responsibility for the fundamentals of the idea, there began the greater, although externally less heroic, phase of the penetration.

All divisional fields in inner or outer positions of the State concept or of State presentation had now to be convincingly and continually filled with our new philosophy or newly indoctrinated by it. We had to carry the revolution, the vivaciousness of an extensive movement, into the stark hardened institutions and concepts with all means, with and against the law. We had to overthrow that which did not seem fit to live according to this process; we had to fill anew with a living spirit that which seemed to be useful and employable.

Few divisional fields of the conquered State had to face from the beginning so much opposition in relation to the life and expression of the new Power as the Police.

All our hate and all our rebellion had opposed it as the most outspoken symbol of the night of the system for us.

Rubber hoses, house searchings, imprisonment, terror, persecutions, all the counter concepts of the harshness and gruesomeness of the period behind us seem to crystallize and assemble themselves under the term “Police.” Entirely necessarily the term “Police” was already at that time a term of the things hated and cursed. Therefore, at the beginning it seemed almost impossible to actuate the thought of reaching the identical presentation of National Socialist law, of National Socialist community authority with the term and institution “Police.” Also within the movement itself, it naturally necessitated considerable authority in order to allow the forceful wish to become an act.

The SS as formation, the association made up of leader, men, and kindred of consequent National Socialists, possessed this authority in the course of the history and development of the Party. Out of its original mission within the Party it now obtained the same broadened mission within the whole people and State: the inner security, the inner protection of the National Socialist people, the consequent repulsion of its inner enemies in all phases of public life.

Viewed from this standpoint, it seemed as if unsurmountable obstacles arose as the Reichsfuehrer SS, upon command of the Fuehrer, obtained the task, in addition to the SS, of concentrating the whole German Police into his hand and thereby into the real special meaning of the SS.

This transfer proceeded under the sole valid law, the living right of the German Volk, not only against old ideas but often enough against still existing regulations.

In few fields of State and People the solution of the big problem of Party and State has been so revolutionary and extensively thoroughly undertaken, and scarcely anywhere except for just this difficult ground was it demonstrated so successfully that, according to the Fuehrer’s will, it is the idea which must determine the State.

The personal authority of the Reichsfuehrer SS and that of his men, who were of a single mind, carried the beginning of this new construction, while the success of the National Socialist measures taken guaranteed the further course.

From the traditional concept of Police has arisen the new concept of a protective Corps of the German people. And just as the old idea was typically personified in the bailiff, the new idea also demands a new man.

We do not need a mere official, just as we do not consider the unpolitical soldier suitable here. The new type shall be representative of the SS man, who grows out of the Principle of the indoctrination and out of the way of the SS and who already today has clearly developed himself before the people. Just in this post the people want and must possess a political soldier in the best meaning of this National Socialist conception.

Instead of the duplicity of a liberal Police law the man of the Police was given the powerful living authority of clear fundamentals and removed from the hatred and mistrust of the best part of our people by means of the National Socialist authority of the SS. Thereby, the Police again was carried into the midst of the people as an important member for the protection and defense of the community.

It is clear and naturally necessary that completely new judgment of the concept of enemy of the State would come from the new type of its (Police) man and its youthful clear idea. Out of the limitation in the general defense, a far-reaching prevention had to ensue from the clear grasping of the State concepts, a clarification of the concept of State enemies, a setting up of tasks which thereby assigns to the National Socialist Protective Corps a historical mission of unheard of proportions in the sound development of the people.

The spirit of discipline and of companionship, the knowledge of the source of our being and its single teaching, this vast train of thought of the SS as expression of the developing factors of an inner National Socialist securing and safeguarding of all possibilities of coming events--all this is more and more the meaning and spirit of all great new formations in this section of inner security.

To guarantee the intensive security of this new Reich, that is the great duty of the SS and with it, and within its scope, also of the Police in all its categories. That is the comprehensive mission the Fuehrer gave to the SS. It will attack this job anew every day, with the utmost seriousness, fully conscious that this is an immense National Socialist task and firmly convinced that only the ideologically best education of its men and its selection of members will enable it to solve this task completely.

TRANSLATION OF DOCUMENT 2285-PS

Before me, Lieutenant Colonel Henry H. Mize, JAGD, personally appeared Lieutenant Colonel Guivante de Saint Gast and Lieutenant Jean Veith, both of the French army, who were made known to me, and who, being by me first duly sworn, made the following statement in the handwriting of Lieutenant Veith under oath:

The undersigned:

Guivante de Saint Gast, Lt. Colonel, Chef de Mission de 1^{ere} Classe, Carte d’identite militaire BCRA MCPA Promontain No. 510, Immatricule FFC Londres RUl. Carte de Repatrie No. 72352 delivered in Annercy (France). Order of Mission of the Provisional Government of the French Republic, Ministry of Prisoners and Deportees dated May 4th, 1945, No. 16772. Detained in the Concentration Camp of Mauthausen from March 18th, 1944, till April 22nd, 1945, No. 57876, having been employed at the offices of distribution of work [Arbeitseinsatz] from August 16th, 1944, till April 22nd, 1945, as auxiliary and as titulary.

Veith, Jean, Lieutenant, Charge de Mission de 2^e Classe, Carte d’identite Repatrie No. 403927 delivered at Annercy. Order of Mission of the provisional government of the French Republic, Ministry of Prisoners and Deportees, dated May 4th, No. 16774. Detained in Mauthausen from April 22nd, 1943, till April 22nd, 1945, No. 28645, having been employed at the Politische Abteilung from June 2nd, 1943, to June 25th, 1943; at the Arbeitseinsatz from June 26th, 1943, to August 15th, 1944; as foreman of the cartography and mecausgraphy Hollerith services till their dissolution in February 1945; and from then on until his liberation at the Lagerschreibstube (night shift)--both residing in Paris (17a) 20, Rue de Sanssuse, relate and certify under oath the following facts:

In Mauthausen existed several treatments of prisoners, among them the “Action K or Kugel” (Bullet Action). Upon the arrival of transports, prisoners marked “K” were not registered, got no numbers, and their names remained unknown except to the officials of the Politische Abteilung. (Lt. Veith had the opportunity of hearing, upon the arrival of a transport, the following conversation between the Untersturmfuehrer Streitwieser and the chief of the convoy: “How many prisoners?” “15, but two K.” “Well, that makes 13.”)

The prisoners were taken directly to the prison where they were undressed and taken to the “Bathrooms.” This bathroom in the cellars of the prison building near the crematory was specially designed for execution (shooting and gassing).

The shooting took place by means of a measuring apparatus. The prisoners were backed against a metric scale with an automatic contraption releasing a bullet in their neck as soon as the moving board determining their height touched the top of their heads.

If a transport consisted of too many “K” prisoners, instead of wasting time on the measurements they were exterminated by gas which was sent into the bathrooms instead of water.

During his time as foreman at the Hollerith section, Dr. Veith frequently received transfer sheets from other camps mentioning prisoners who did not appear on the entry list of Mauthausen. In such cases the Politische Abteilung very reluctantly used to give the information that the camp services had not to take into consideration such missing prisoners because they had been transferred “In geheimer Reichssache” (Secret affair of the Reich) and insisted upon the complete disappearance of all traces of the names. In many cases due to transmission errors, the fatal “K” indication was not immediately given with the transfer and followed several days or several weeks later. Lt. Col. de Saint Gast certifies having received in this service cancellation orders from the Politische Abteilung concerning such prisoners. As upon their arrival such “K” prisoners had, by mistake, received a camp number, they had to disappear in the numbers register of the camp, and from this unification order was made in the following hypocritical form: prisoner X Nr..... birth place, birth date is actually called [heisst richtig] prisoner Y, Nr...., different birth place and date.

Such identification orders should be found in the documents of the Arbeitseinsatz as far as they have not been destroyed.

This statement has been made voluntarily in the handwriting of Lt. Veith, who understands English and who has truly translated the same to Lt. Col. de Saint Gast prior to his signing the same.

/s/ Pf. de Saint Gast /s/ Jean Veith

Subscribed and sworn to before me this 13th day of May 1945.

/s/ Henry H. MIZE
HENRY H. MIZE
Lt. Col. JAGD

PARTIAL TRANSLATION OF DOCUMENT 2288-PS

ADOLF HITLER’S GREAT SPEECH BEFORE THE REICHSTAG.

Berlin, 21 May 1935

Voelkischer Beobachter, Southern Germany Special Edition No. 142 a. of
22 May 1935. [Pages 1, 3, 4]

Deputies! Members of the German Reichstag!

* * * * * * *

Leaving these general conclusions now and arriving at a precise fixation of the present current problems for me the

Position of the German Reich Government results as follows:

1. The German Reich Government refuses to adhere to the Geneva Resolutions of 17 March.

The treaty of Versailles was not broken by Germany unilaterally, but the well known paragraphs of the dictate of Versailles were violated and consequently invalidated by those Powers who could not make up their mind to follow the disarmament requested of Germany with their own disarmament as agreed upon by the treaty.

2. Because the other powers did not live up to their obligations under the disarmament program, the Government of the German Reich no longer considers itself bound to those articles which are nothing but a discrimination against the German Nation for an unlimited period of time, since through them Germany is being nailed down in a unilateral manner, contrary to a the spirit of the agreement.

But it solemnly declares that this measure is being taken only with regard to those well known paragraphs which are discriminating against the German people in a moral and factual way.

Therefore, the Government of the German Reich shall absolutely respect all other articles pertaining to the cooperation [Zusammenleben] of the various nations including territorial agreements; revision which will be unavoidable as time goes by, it will carry out by way of a friendly understanding only.

3. The Government of the German Reich has the intention not to sign any treaty which it believes not to be able to fulfill. However, it will live up to every treaty signed voluntarily even if it was composed before this Government took over. Therefore, it will in particular adhere to all the allegations under the Locarno pact as long as the other partners of the pact also adhere to it.

The Government of the German Reich regards the fact that it has to respect the demilitarized zone, as an extremely difficult contribution by a sovereign power, to the pacification, and it believes to be compelled to call attention to the fact that the constant increase in the number of troops on the other side may not just be regarded to be of great comfort to these efforts.

PARTIAL TRANSLATION OF DOCUMENT 2289-PS

VOELKISCHER BEOBACHTER

Berlin edition No. 68

Berlin, Sunday, 8 March 1936

The important speech of the Fuehrer in the Reichstag on 7 March reads as follows:

Men of the German Reichstag! France has replied to the repeated friendly offers and peaceful assurances made by Germany by infringing on the Rhine Pact through a military alliance with the Soviet Union, exclusively directed against Germany. In this manner, however, the Locarno Rhine Pact has lost its inner meaning and ceased in practice to exist. Consequently, Germany regards herself for her part as no longer bound by this dissolved treaty. The German Government are now constrained to face the new situation created by this alliance, a situation which is rendered more acute by the fact that the Franco-Soviet Treaty has been supplemented by a Treaty of Alliance between Czechoslovakia and the Soviet Union, exactly parallel in form. In accordance with the fundamental right of a nation to secure its frontiers and insure its possibilities of defense, the German Government have today restored the full and unrestricted sovereignty of Germany in the demilitarized zone of the Rhineland.

* * * * * * *

After a hard inner struggle I have, therefore, decided in the name of the German Reich Cabinet [Reichsregierung] to submit the following memorandum to the French Government and the other signatory powers of the Locarno Pact today.

* * * * * * *

We have no territorial claims to make in Europe. We know above all that all the tensions resulting either from false territorial settlements or from the disproportion of the numbers of inhabitants to their living spaces cannot, in Europe, be solved by war.

TRANSLATION OF DOCUMENT 2292-PS

THE ARCHIVE [Das Archiv], March 1935, Page 1830.

The German Air Force

The Reich Minister for Aviation [Luftfahrt], 10.3 General of the Airmen, Goering, in his talk with the special correspondent of the Daily Mail, Ward Price, S i expressed himself on the subject of the German Air-Force. 35

General Goering said:

In the extension of our national defense, [Sicherheit] it was necessary, as we repeatedly told the world, to take care of defense in the air. As far as that is concerned I restricted myself to those measures absolutely necessary. The guiding line of my actions was, not the creation of an aggressive force which would threaten other nations, but merely the completion of a military aviation [Luftfahrt] which would be strong enough to repel, at any time, attacks on Germany.

Until the present moment, this has been accomplished on a general basis, as so far we have been discussing airmen in general only without making any definite distinction from the military point of view. The British government, among other proposals, asked Germany to join an Air-Pact, whose object is to take joint action in the air against an aggressor who disturbs the peace, i.e. to put our own Air Force at the disposal of the threatened country. This is the British demand. Germany, trying to do everything and trying to collaborate everywhere where peace can be ensured, replied by a Note expressing her agreement with such an effective protection as is represented by the air-convention.

In this Note Germany expressed to Britain the view that Germany would be prepared to send her Air Force to the help of the threatened country.

After the German government expressed willingness to help, it became necessary to make a clear demarcation within German aviation, namely in this respect: which air force will be able to be made available? This situation brought about the decision as to those of the German aviation who will in future belong to the Air Force and those who will in future remain in civil aviation or in sport aviation. It was necessary to mark this separation also outwardly, so that the members of the German Air Force became soldiers according to the law and their leaders became officers. This involves only a part of the persons who up to the present moment have worked in the common German aviation. Therefore the difference between our Air Force and our civilian aviation shows itself clearly and distinctly in the various badges of rank and in the designation of rank.

I sum up: Our willingness to share in the effective defense of world peace, our assent to hasten with help to the hard pressed country, made the creation of a military aviation imperative, if our assent should not remain merely an empty phrase.

Answering the correspondent’s question about the hierarchy in the new Air Force, its uniforms and its ranks the general said: “The Air Force is under the orders of the Reich Minister for Aviation who controls also civil aviation. His military rank is General of the Airmen [General der Flieger]. The uniform remains similar to the uniform of the sport aviation organization but outwardly it will be marked clearly by military badges of rank. Similarly the names of rank correspond with the military designation of rank from Lieutenant upwards to General of the Airmen.” To the question concerning the nomination of German Air-attaches in foreign missions General Goering replied that the preparations for it were pending. Also about the numerical strength of the Air Force he said that he could not yet give final figures. As far as the percentage ratio to the Air Forces of other powers is concerned, every sensible and decent man ought to realize that Germany, being particularly threatened, needed such figures as would guarantee the absolute safety of the German people. Asked about the role of the Air Force within the Armed Forces, General Goering stated that at the present moment, it was impossible to make a clear appreciation of the situation. But that it was definite that the Air Force must be an integral part of any defense and that without an Air Force the Army and Navy, no matter how strong, were useless.

In conclusion, the correspondent asked whether the German Air Force will be capable of repelling attacks on Germany. General Goering replied to that exactly as follows: “The German Air Force is just as passionately permeated with the will to defend the Fatherland to the last as it is convinced, on the other hand, that it will never be employed to threaten the peace of other nations.”

PARTIAL TRANSLATION OF DOCUMENT 2306-PS

REVOLUTION OF EDUCATION

Baldur von Schirach

[Page 51]

The struggle for the unification of the German youth is finished. I considered it as my duty to conduct it in a hard and uncompromising manner. Many might not have realized why we went through so much trouble for the sake of our youth. And yet: The National Socialist German Workers’ Party, whose trustee I felt I always was and always will be, this party considered the struggle for the youth as the decisive element for the future of the German nation.

[Page 52]

And I promise the German public that the youth of the German Reich, the youth of Adolf Hitler will accomplish its duty in the spirit of the man to whom alone their lives belong.

[Page 63]

I am responsible to the Reich that the entire youth of Germany will be educated physically, morally, and spiritually in the spirit of the National Socialist Idea of the State.

TRANSLATION OF DOCUMENT 2307-PS

1938 REICHSGESETZBLATT, PART I, PAGE 237

Law concerning the Reunion of Austria with the German Reich, March 13,
1938

The Reich Government has ordained the following law, which is hereby proclaimed:

ARTICLE I. The Federal Constitutional Law of March 13, 1938, ordained by the Austrian Federal Government, concerning the reunion of Austria with the German Reich, hereby becomes a law of the German Reich. It has the following text:

By virtue of Article 3, Section 2, of the Federal Constitutional Law concerning extraordinary measures in the constitutional field (R.G. Blatt, I, No. 255, 1934), the Federal Government has ordained:

Article 1. Austria is a province of the German Reich.

Article 2. On Sunday, April 10, 1938, a free and secret plebiscite shall be held for German men and women of Austria over twenty years of age on the question of reunion with the German Reich.

Article 3. In the plebiscite the majority of the votes cast shall decide the issue.

Article 4. The necessary regulations for the implementation and supplementing of this Federal Constitutional Law shall be provided by decree.

Article 5. This Federal Constitutional Law shall enter into force on the day of its proclamation.

The Federal Government is entrusted with the execution of this Federal Constitutional Law.

Vienna, March 13, 1938.

ARTICLE II. The laws at present in force in Austria shall remain in force until further notice. The introduction of Reich law into Austria will be effected by the Fuehrer and Reich Chancellor or by the Reich Minister to whom he may delegate this power.

ARTICLE III. The Reich Minister of the Interior, in consultation with the other Reich Ministers concerned, is empowered to issue the legal and administrative regulations necessary for the implementation and supplementing of this law.

ARTICLE IV. This law shall enter into force on the day of its proclamation.

Linz, March 13, 1938.

ADOLF HITLER, Fuehrer and Reich Chancellor; GOERING, General Field
Marshal, Reich Minister of Aviation; FRICK, Reich Minister of the
Interior; VON RIBBENTROP, Reich Minister of Foreign Affairs; R.
HESS, Deputy Fuehrer.

COPY OF DOCUMENT 2309-PS

HEADQUARTERS

THIRD UNITED STATES ARMY

JUDGE ADVOCATE SECTION

WAR CRIMES BRANCH

APO 403
3 JA 122 21 June 1945

SUBJECT: Report of Investigation of War Crimes.

TO: Commanding General, Third United States Army, APO 403.

I. _AUTHORITY_

1. This investigation was conducted in conformity with letter, Headquarters European Theater of Operations, file AG 000.5, OpJA. Subject: Establishment of War Crimes Branches, 24 February 1945, by 2d Lt. John J. Reid, AUS, Investigator-Examiner, from 25 April 1945 to 2 May 1945 inclusive and pursuant to directive of Commanding General, Third United States Army, a copy of the order which is attached hereto as Exhibit A.

II. _MATTERS INVESTIGATED--FLOSSENBURG CONC. CAMP (P-3338)_

2. _a._ Killing of interned Allied National Civil population and Allied National PWs by various cruel and inhuman methods such as neck-shooting, hanging, poison injections, forced suicides, lack of medical treatment, starvation, beatings, and other numerous inhuman methods purposely inflicted to result in death, (Violation of Geneva Prisoners of War Convention, Rules of Land Warfare and the customary law as observed by Civilized Nations).

_b._ Living and working conditions of internees which were beyond physical endurance and resulted in a systematic elimination of prisoners.

_c._ Starvation rations of internees which resulted in death and permanent physical impairment of prisoners.

_d._ Cruel and inhuman treatment and methods used by members of the German Armed Forces and/or persons under their immediate command against Allied National Civilians and Allied National Prisoners of War. (Violation of Article 2 of the Geneva Convention. Paragraphs 73, 80, 82, 83, 84, 85, 86, 87, 88, 89, 102, 105, 119, 127, 129, 132, 172, FM 27-10 Rules of Land Warfare and in violation of the customary law observed by Civilized Nations).

_e._ Unlawful killing by shooting, hanging and other methods, of Allied National Civil population who had been interned and/or otherwise arrested by members of the German Armed Forces (Violation of the customary laws observed by civilized nations).

III. _PROCEEDINGS_

3. _a._ The testimony of all witnesses examined in the course of this investigation was secured through the use of an interpreter after the witness had been sworn under authority of Article of War 114, in the following form: “You swear that the evidence you shall give in this investigation now being conducted shall be the truth, the whole truth, and nothing but the truth. So help you God.” The examination of each such witness where practical was conducted in my presence.

In the case at hand, it being impracticable to use a stenographic-reporter, the witness after having first been duly sworn was questioned regarding his knowledge of the matters under investigation. The witness then propounded his testimony in a narrative statement in his own handwriting, where practicable, and in his own native language. The witnesses then after being sworn signed the statement. The interpreter was also sworn in the following form: “You swear that you will truly interpret in this investigation now being conducted. So help you God.”

_b._ The transcribed sworn testimony of each such witness whose name is listed below is hereto attached as an exhibit, the number of which is indicated in the lower right-hand corner of the paper preceded by the letter “B.”

SWORN STATEMENTS OF WITNESSES: See Appendix (1) for index and exhibits.

UNSWORN STATEMENTS, LETTERS, REPORTS, ETC.: See Appendix (2) for index and exhibits.

_c._ PHOTOGRAPHS:

1. Photographs of some of the SS personnel of Camp Flossenburg. See Appendix (3) for index and photographs.

2. Atrocity scenes. See Appendix (4) for index and photographs.

IV. _SUMMARY OF FACTS_

4. Concentration Camp Flossenburg (Coord. P-3338), was founded in 1938 as a camp for political prisoners. Construction was commenced on the camp in 1938 and it was not until April 1940 that the first transport of prisoners was received. From this time on the prisoners began to flow steadily into the camp (Exh. B-1). Flossenburg was the mother camp and under its direct control and jurisdiction were 47 satellite camps or outer-commandos for male prisoners and 27 camps for female workers. To these outer-commandos were supplied the necessary prisoners for the various work projects undertaken.

Of all these outer-commandos Hersbruck and Leitmeritz (in Czechoslovakia), Oberstaubling, Mulsen and Sall, located on the Danube, were considered to be the worst. The work at these camps mainly consisted of underground labor, the purpose being the construction of large underground factories, storage rooms, etc. This labor was performed completely underground and as a result of the brutal treatment, working and living conditions, a daily average of 100 prisoners died. To the one camp Oberstaubling, 700 prisoners were transported in February 1945 and on the 15th of April 1945 only 405 of these men were living (Exh. B-1). During the 12 months preceding the liberation, Flossenburg and the branch camps under its control accounted for the death of 14,739 male inmates and 1,300 women. These figures represent the deaths as they were obtained from the available records in the camp, however, they are in no way complete as many secret mass executions and deaths took place. In 1941 an additional stockade was added to the Flossenburg Camp, to hold 2,000 Russian prisoners. From these 2,000 prisoners only 102 survived. (Exh. B-1)

Flossenburg Concentration Camp can best be described as a factory dealing in death. Although this camp had in view the primary object of putting to work the mass slave labor, another of its primary objectives was the elimination of human lives by the methods employed in handling the prisoners. (Exh. B-2)

Hunger and starvation rations, sadism, housing facilities, inadequate clothing, medical neglect, disease, beatings, hangings, freezing, hand hanging, forced suicides, shooting, etc., all played a major role in obtaining their objective. Prisoners were murdered at random, spite killings against Jews were common. Injections of poison and shooting in the neck were everyday occurrences. Epidemics of typhus and spotted fever were permitted to run rampant as a means of eliminating prisoners. Life in this camp meant nothing. Killing became a common thing, so common that a quick death was welcomed by the unfortunate ones.

(See following List of Exhibits as References)

Hunger and Starvation Exh. B-1, B-2, B-3, B-4
Freezing Exh. B-11
Medical Neglect Exh. B-1, B-12
Torturous Beatings and Exh. B-1, B-2, B-6, B-12, B-3,
Floggings B-11, B-13, C-2
Forced Suicides Exh. B-2, B-13
Hangings Exh. B-1, B-2, B-4, B-5, B-6,
B-7, B-12, C-2
Hand Hangings Exh. B-11
Poison Injections Exh. B-1, B-8, C-1, C-2
Typhus and Spotted
Fever Exh. B-1, B-2, B-9, C-1, C-3
Shooting Exh. B-6, B-2, B-3, B-13, B-15

The system set up at this camp seemed to be one of mass elimination of the prisoners caused by devious means. Starvation diets wilfully designed to produce death within a few months played a major role. Typhus and spotted fever were encouraged as a means of disposing of many. There were innumerable executions, mistreatments, beatings, flogging to death, which continued up until the time this camp was overrun by our forces. Mass hanging took place. Generally, the persons hanged were stripped naked. Oftimes they were beaten before hanging till the unfortunate victims begged for immediate hanging to ease the pain. At first the SS men in charge of the hangings were given extra rations for each hanging. Later on the hangings became so numerous that the extra rations were stopped. Hanging a person by his wrists with a heavy barrel suspended from his ankles was another method of execution. This caused the person’s insides to be torn up and he died. (Exh. B-11) On Christmas 1944 a number of prisoners were hung at one time. The prisoners were forced to view this hanging. By the side of the gallows was a decorated Christmas tree and as expressed by one prisoner “it was a terrible sight, that combination of prisoners hanging in the air with the glistening Christmas tree.” (Exh. B-12)

In March or April, 13 American or British parachutists were hung. They had been delivered to this camp sometime before and had been captured while trying to blow up bridges. (Exh. B-7, B-8a&b)

Many thousands were tortured and killed by every known method. New methods of brutal punishment and torture killing were devised by certain members of the camp who became particularly known for their sadistic methods.

On April 20, 1945, approximately 15,000 prisoners were assembled to make a forced march in the direction of Concentration Camp Dachau. The evacuation of these prisoners was caused by the impending capture of the camp by the Allies. These 15,000 prisoners were lined up in three groups and started on this march. Only those prisoners who could walk were taken and before leaving Flossenburg, many were executed, as also were those who collapsed in rank awaiting the movement to start the trek. No provision was made for the feeding of these prisoners or sleeping on this trip. They marched in long columns guarded by SS guards. (Exh. C-2)

Thousands were killed on the way and the paths which they took were littered with the dead. Groups of from 5 to 50 were taken out and forced to dig pits and then were shot. (Exh. B-14, B-15, C-4, C-5). Many graves were not even covered. As the already starved and weakened prisoners fell from exhaustion, a group of SS guards bringing up the rear would kill them by a shot in the back of the head. All who fell out of line were immediately executed in this manner. Death was also caused by beatings or bashings in the skulls. (Exh. B-1, B-3, B-13, E-17)

The prisoners marched from Friday till Monday during which time they received only 100 grams of bread. They marched in the rain and slept in the fields in the mud and water. Many died from exhaustion. On the 23rd day of April 1945, between the towns of Cham (U-5850) and Roding (U-4868), they were liberated by the American Troops. (Exh. B-3, B-13) (Photographs taken near Wetterfield (U-5070) of one of the graves on this march.) (Exh. E-1 to E-17)

5. The victims of Flossenburg included among them, Russian civilians and prisoners of war, German nationals, Italians, Belgians, Poles, Czechs, Hungarians, British, and American prisoners of war. No practical means was available to complete a list of victims at this camp, however, since the foundation of the Camp in 1938 until the day of liberation it is estimated that more than 29,000 inmates died. (Exh. B-1)

6. _PERPETRATORS_

This camp was controlled and run by one class of people, SS troops. The list of perpetrators includes a few civilian prisoners, who managed to gain favor with the SS by carrying out orders of execution and beatings upon their fellow inmates. These prisoners who obtained their immunity and privilege at the cost of other men’s lives are deemed equally as guilty.

The citations referred to in the list of perpetrators is by no means complete nor is the list of guilty persons complete. (See Appendix (5) for index and exhibits.)

V. _CONCLUSIONS_

7. That the exploitation, killing and atrocities committed upon prisoners was a part of a well regulated scheme or plan of the Nazi SS Group, is clearly indicated by the evidence presented here and resulted in the death of thousands.

Flossenburg Concentration Camp, Germany, was the scene of every type and form of Nazi brutality and atrocity committed upon the unfortunate individuals who happened to be sent to this camp. Practically every nationality of Europe was at sometime or another represented in this camp. The majority of prisoners, however, were Russians and Poles. No line of demarkation was made between sexes. Men, women and children were executed in the most brutal fashions.

The responsibility for this camp must be placed upon all personnel who held an active part as a member of the organizational set-up. Whether these persons were ones who actually inflicted the mortal punishment is of little consequence. They all at the least failed to lift a restraining hand in the punishments and atrocities committed upon the inmates therein.

JOHN J. REID
2d Lt, AUS

TRANSLATION OF DOCUMENT 2310-PS

1938 REICHSGESETZBLATT, PART I, PAGE 247

First Decree of the Fuehrer and Reich Chancellor concerning the
Introduction of German Reich Law in Austria, March 15, 1938.

By virtue of Article II of the law of March 13, 1938, concerning the reunion of Austria with the German Reich (RGBl I, p. 237), I order:

SECTION 1. (1) The sphere of validity of the official gazettes of the Reich shall be extended to the province of Austria.

(2) Reich laws which are proclaimed after the effective date of the law of March 13, 1938, concerning the reunion of Austria with the German Reich (RGBl I, p. 237), shall be valid for the province of Austria unless their application to the province of Austria is expressly held in abeyance.

SECTION 2. From the effective date of this decree, the following shall be applied in substance in the province of Austria:

1. The Reich flag law of September 15, 1935 (RGBl I, p. 1145), with the provision that Jews shall be forbidden to raise the Reich and National Flag and to display the Reich colors;

2. The law against formation of new parties of July 14, 1933 (RGBl I, p. 479);

3. The law for the preservation of unity of party and state of December 1, 1933 (RGBl I, p. 1016), as amended by the law of July 3, 1934 (RGBl I, p. 529);

4. The law concerning Reich governors of January 30, 1935 (RGBl I, p. 65) with the provision that instructions of Reich ministers to the Reich Governor in Austria shall require, until further notice, the approval of the Reich Minister of the Interior;

5. The order for implementation of the Four-Year Plan of October 18, 1936 (RGBl I, p. 887);

6. The Reich law concerning the compulsory registration of members of the German State abroad of February 3, 1938 (RGBl I, p. 113).

SECTION 3. (1) Regulations for effecting the transition shall be issued by the Reich Minister of the Interior or by the Reich Governor in Austria with the approval of the Reich Minister of the Interior.

2. By this means regulations of the Reich and regulations of the province of Austria can be assimilated in one another.

3. Incompatible regulations of the province of Austria shall be invalidated.

SECTION 4. This decree shall enter into force on the day of its proclamation.

Vienna, March 15, 1938.
ADOLF HITLER, Fuehrer and Reich Chancellor
FRICK, Reich Minister of the Interior

TRANSLATION OF DOCUMENT 2311-PS

1938 REICHSGESETZBLATT, PART I, PAGE 245

Decree of the Fuehrer and Reich Chancellor concerning the
Administration of the Oath to the Officials of the Province of Austria,
March 15, 1938.

By virtue of Article II of the law of March 13, 1938, concerning the reunion of Austria with the German Reich (RGBl I, p. 237), I issue the following order:

SECTION 1. Public officials of the province of Austria shall take an oath of office upon entrance into service.

SECTION 2. The oath of office of public officials reads: “I swear that I shall be loyal and obedient to Adolf Hitler, the Fuehrer of the German Reich and People, and that I shall observe the laws and conscientiously fulfill the duties of my office, so help me God.”

SECTION 3. The officials at present in office shall be sworn in forthwith in accordance with Section 2.

Jewish officials shall not be sworn in.

SECTION 4. A person is Jewish if he is descended from at least three racially full-blooded Jewish grandparents. A grandparent is automatically considered a full-blooded Jew if he belonged to the Jewish congregation.

A Jewish half-breed descended from two full-blooded Jewish grandparents is considered a Jew:

_a._ If he belonged to the Jewish congregation on September 16, 1935, or became a member of it thereafter.

_b._ If he was married to a Jew on September 16, 1935, or entered into marriage with one thereafter.