Chapter XXVII: Book 2: Page 144, Document Number Raeder-77 (5)

This question is not easy to answer, if one bears in mind the special underlying circumstances and realizes that it was a case here of an open struggle between the occupying power and the population, with official support from the enemy. In case of uprisings and organized general resistance one cannot disclaim the applicability of the military laws as practiced by the combat troops. Necessity alone must be the decisive factor in this case. International law has put only one limit to coercive measures in forbidding, in Article 50 of the Hague Convention on Land Warfare, collective punishment of an entire population for the deeds of individuals for which the population cannot be held partially responsible. It is essential that such partial responsibility shall have been established by actual events and not construed through orders. It is not specified wherein collective punishment may consist. The limitations of humanity, as I already pointed out, must be respected, but in war this is a vague conception; necessity and practical value must always have preference.

Next to the manner of recruiting labor, the conditions of work may represent an ill-treatment which can be looked upon as a war crime. On principle, there can be no question of ill-treatment whenever the foreign workers are generally treated in the same way as the workers of the home country. Different treatment is only permissible when special circumstances justify it. Whereas generally foreign workers work on the same level as the Germans, the so-called, Eastern Workers were discriminated against. The most striking difference here was the limitation of freedom. If this had been arbitrary, that would be sufficient reason for declaring this to be ill-treatment. But the reasons for this limitation of freedom were not arbitrary; they were conditioned by the State’s need for security. During wartime the presence of an enemy alien in the country always represents a danger, and it is for that very reason that originally the bringing in of foreign workers had been dispensed with. Only when necessity demanded the utilization of foreign workers did the need of security have to be taken into account simultaneously. The measures to be taken will depend upon the danger, which will vary according to the attitude of the alien. Whereas police measures with regard to the French were almost imperceptible, the Eastern Workers were in the beginning kept under supervision in camps.

The natural interest of the state lies in attaining security by winning the aliens over inwardly because their collaboration is desired. This will never be achieved by depriving them of their freedom. As long as the attitude of the alien cannot be clearly assessed, especially if he be like the citizens of the Soviet Union, propagandistically trained, more stringent control may be necessary. However, it must not develop into permanent captivity, and should at most constitute a sort of quarantine. To deprive people without guilt of their liberty for an extended period is not admissible, because that would correspond to a forbidden collective punishment. The mere assumption of danger is not sufficient to justify such limitations; there must be certain acts which show that such foreign workers appear dangerous even under normal working conditions. The custody of Eastern Workers behind barbed wire and without permission to go out, as ordered by Himmler, must be regarded as ill-treatment if it is a permanent practice.

The Defendant Sauckel, guided by a feeling that in this matter the limits of the permissible had been overstepped, immediately took steps against this and in a tough fight against Himmler demanded and obtained the withdrawal of barbed wire and the prohibition to go out, as can be seen from the ensuing decrees, Document Number Sauckel-10, Exhibit USA-206.

Where in spite of later arrangements the old methods were still applied by the police, Sauckel always intervened whenever he heard of such occurrences. This has been confirmed repeatedly by witnesses. I refer particularly to Exhibit Sauckel-10, the statement by the witness Goetz.

Another controversial point was the identification by a badge “Ost,” which was maintained until 1944 and then replaced by a national insignia. This identification of the Eastern Workers, who were free to move among the population, was necessary for security reasons. This cannot be considered ill-treatment. The distaste for this sign shown by the Eastern Workers was chiefly due to the defamation of this badge by propaganda, and the Defendant Sauckel always tried to change this insignia and to replace it by a national insignia such as the other workers wore voluntarily. He finally prevailed here also against Himmler (Document RF-810, Page 12).

Equality must also exist between a nation’s own workers and foreign workers with regard to the rules concerning maintenance of discipline. With all belligerent states the war has raised the same problem as to how to deal with those workers who do not properly fulfill their work duties; that is to say, slackers, shirkers, and saboteurs. The practice of discharge, common in peacetime, is ineffective during war; on the other hand, deserters from work cannot be tolerated today by any belligerent. In cases amounting to sabotage, police and penal measures were called for, the principal one being a short term in a labor training camp; in certain extreme cases, imprisonment in a concentration camp was inflicted. Document 1063-PS, RF-345, shows the similarity in the execution of the regulations as applied to Germans and foreigners.

Such police measures, which are caused by disloyal conduct of the worker, are justified. The Wartburg Document RF-810 shows in the report of the expert Dr. Sturm that such measures were carried out on a very moderate scale and that only 0.1 to 0.2 per thousand were thus punished.

Hence it follows that the issue of regulations concerning the maintenance of discipline is not yet in itself an ill-treatment which might form the basis for a crime against humanity. Such ill-treatment, however, can consist of excesses such as did occur outside the competence of the Defendant Sauckel. He can only be held responsible for those if he himself was subjectively to blame in that he knew of such excesses and approved of them although he might have prevented them.

In summing up one can say that the “regulated mobilization of labor” is permissible in international law and that restrictions imposed on workers within the limits of necessities must be permitted for reasons of state security. On the other hand, excesses in carrying out the regulations must be looked upon as ill-treatment and may amount to crimes against humanity. Responsibility for those rests with whoever has instigated them or who, within the sphere of his competence, failed to prevent them in the performance of his duty. When measuring the grave charges brought against the Defendant Sauckel by the standards of the aforesaid legal considerations, it will be necessary first of all to single out those fields in which the evidence reveals him to be absolutely clear of any responsibility.

In the first place, it is not proved that the Defendant Sauckel can be connected with the biological extermination of the population. His whole interest, as has been shown, pointed toward the opposite direction, since his purpose was to obtain people as laborers. He had nothing to do with migration measures and any methods used in that respect.

Work in concentration camps was just as far removed from the Defendant Sauckel’s responsibility. Himmler’s speech in Posen in October 1943 (Document 1919-PS, Page 21) reveals that the SS had erected gigantic armament plants of their own. We know that Himmler covered his extensive labor requirements by despotic arbitrary arrests of persons in occupied territories. Inside Germany he had workers engaged in regular employment arrested on insignificant pretexts and brought to concentration camps, fraudulently using the regular labor offices. This is clearly shown in Document 1063-PS, containing a letter dated 17 December 1942 as well as a letter dated 25 June 1943, in which a requirement of 35,000 prisoners is signified. Moreover, no correspondence with reference to concentration camp labor ever passed through Sauckel’s offices. As an example, I refer to Document 1584-PS containing some correspondence with Himmler’s department. The Defendant Sauckel’s name is never mentioned with reference to a conscription of prisoners, and the witnesses have unanimously stated that the Defendant Sauckel had no connection with these matters. This is also confirmed by the statement of the Director of the armament ministry’s Labor Office, Schmelter, who received the prisoners required direct from Himmler.

Another field which must be eliminated is the conscription of Jews for labor. This formed a part of labor conscription of concentration camp prisoners; it was Himmler’s own personal secret sphere. This is revealed for instance by Document R-91, in which Himmler’s service orders the arrest of 45,000 Jews as concentration camp prisoners.

By the production of Document L-61 the Prosecution has attempted to convict Sauckel of a share of guilt in this field. This document is a letter, dated 26 November 1942, from Sauckel’s office to the presidents of the provincial labor offices, stating that by agreement with the Chief of the Security Police and SD, Jewish workers remaining in the plants must be withdrawn and evacuated to Poland. As a matter of fact, this letter actually confirms that Sauckel had nothing to do with Jewish labor in the concentration camps, since Jewish workers were withdrawn from his department under the very pretext of evacuation. The measure is indeed solely concerned with the purely technical matter of excluding the Jewish laborers and replacing them by Poles, an operation which could not have been carried out without the participation of Sauckel’s office.

This letter is in continuation of a correspondence which can be traced back to the period prior to Sauckel’s assumption of office, and Document L-156 subsequently deals with the same technical operation. The unimportant character of the matter is attested by the fact that these letters were not sent from the Defendant Sauckel’s head office in the Thüringerhaus, but from an auxiliary office in the Saarlandstrasse. The Defendant Sauckel disclaims knowledge of this correspondence and points out that the letters do not bear his original signature but were, according to the routine of his service, made out in his name just because they were of minor importance. The fact that the letters begin with the routine business term of “by agreement with,” instead of “by consent of,” the Chief of Police and SD does not mean that they refer to an agreement reached, but simply points to the agency in charge of the matter.

Next, reference has been made to “extermination by labor.” However, Documents 682-PS and 654-PS, dated September 1942, unmistakably show that this is a case of a secret maneuver of Himmler and Goebbels in co-operation with the Reich Minister of Justice, Thierack. The Defendant Sauckel is not involved.

Neither was the conscription of workers for the Organization Todt under Sauckel’s responsibility. The accusations proceeding from Document UK-56 in this respect, bearing upon labor conscription methods in the Channel Islands, do not therefore concern him. The documents do not show that the Defendant Sauckel was aware of these proceedings or that he could have prevented them. This separation between the Defendant Sauckel’s labor jurisdiction and the Organization Todt is confirmed in Document L-191, the report of the International Labor Office in Montreal.

The enlistment of labor by civil and military departments is another chapter. This was to a certain extent carried out as “pirate” mobilization and kept secret from the Defendant Sauckel, because he opposed these practices and endeavored to prevent them by all means. Occasionally he was by-passed by higher orders. In this category there is labor enlistment by the SS, the Reichsbahn, Air Force construction battalions, Speer’s transport and traffic units, fortification and engineering staffs, and other services.

The exclusion of these aspects from the scope of the Indictment should exonerate Sauckel all the more since in these cases his directives did not apply.

Document 204-PS illustrates in this respect the circumstances in which transport auxiliaries were produced in White Russia. Document 334-PS shows the same with regard to the execution of an independent drive for Air Force auxiliaries, which cannot be held against Sauckel. The commitment of adolescents, known as the Hay Action, according to Document 031-PS of 14 June 1944, remained outside Sauckel’s jurisdiction and activities, as becomes clear from the document itself. The 9th Army together with the Eastern Ministry were the originators.

A letter from the Codefendant Rosenberg to Reich Minister Lammers of 20 July 1944 (Document 345-PS) falsely refers to the “agreement” of the Plenipotentiary General for the Allocation of Labor; on the other hand it states that the Defendant Sauckel was not connected with an SS helper action and that he refused co-operation in this affair. According to this, as stated by Document 1137-PS of 19 October 1944, a special office in the Rosenberg Ministry with its own personnel attended to the seizure of juveniles. The Defendant Sauckel’s agency was by-passed and labor furnished directly to the armament industry.

In circumvention of the Defendant Sauckel’s agency certain measures also took place which Hitler caused by direct orders to the local offices of the Armed Forces and of the civil administration; this for instance applied to the labor commitment ordered in the occupied territories for the fortification of the Crimea (Document UK-68).

The enlistment of labor in Holland, which was carried out by the Armed Forces against the protest of the labor service offices, is another of these cases; this is shown in Document 3003-PS and is confirmed by the Defendant Seyss-Inquart.

An important sector, which is beyond the Defendant Sauckel’s responsibility, embraces all the actions undertaken as punitive measures against partisans and resistance groups. These are independent police measures; I already spoke about their judicial evaluation. Whether they were admissible and could be approved depends on the circumstances. For example, measures against the resistance movement in France, as described in Document UK-78 (French Government Report), cannot be included under the direct responsibility of Defendant Sauckel. Thus the most incriminating occurrences enumerated in Count 3, Paragraph VIII of the Indictment under “Deportation,” which ended in concentration camps, are not within the responsibility of the Defendant Sauckel.

The deportations for political and racial reasons, which are also mentioned under VIII (B) of the Indictment, such as the deportation of French citizens to concentration camps, do not come within the responsibility of the Defendant Sauckel either. The resettlement of Slovenes and Yugoslavs described under (B) 2, must also be excluded.

According to the Indictment (under VIII, (H) 2) only part of the approximately 5 million Soviet citizens mentioned are stated to have been seized for labor commitment, the remainder being removed in other ways to which the regulations of the Defendant Sauckel did not apply. This is important not so much on account of the number of people involved, but because the alleged bad conditions might have applied in that very sector, since there the danger of improper treatment was unquestionably greater.

THE PRESIDENT: Would that be a convenient time to break off?

[_A recess was taken._]

DR. SERVATIUS: The prisoners of war are also exempted from the field of responsibility of the Defendant Sauckel. Such labor did not have to be enlisted but was only directed. This was done by means of special labor offices, which operated independently in connection with the prisoner-of-war camps and collaborated exclusively with the Armed Forces. Their task consisted only of employing prisoners of war where they were needed. The Defendant Sauckel could only request a transfer of prisoners of war. This is referred to in the Prosecution Document 1296-PS, of 27 July 1943, which mentions under Heading III the increase in the employment of prisoners of war in collaboration with the Army High Command.

The assignment of prisoners of war to plants took place under the supervision of the Armed Forces, who at the same time enforced observance of the Geneva Convention. Sauckel is in no way connected with the death of hundreds of thousands of prisoners of war of the Soviet Union in 1941 of whom Himmler speaks in his Posen speech (Document 1919-PS) and for whose replacement workers had to be brought in.

By Document USSR-415, the official Soviet report about the Lamsdorf Camp, the Defendant Sauckel is connected with the alleged ill-treatment of prisoners; but this is done merely because the number of personnel in the camp was reported to him as a purely routine matter. The charge cannot be maintained. The document, moreover, is not chronologically substantiated after the year 1941.

The Defendant Sauckel, although personally not competent, intervened in excess of his official duties for the care of the prisoners of war, because he had an interest in their work morale. He issued general decrees; this Document Sauckel-36 shows that he demanded an adequate standard food supply, and Document Sauckel-39 shows that he demanded the same working hours as for German workers; he also stressed the fact that no disciplinary punishment could be inflicted by the plants.

Further discrimination among the accusations raised must be made according to the time of the incidents. The Defendant Sauckel did not take over his office until 21 March 1942. His measures, therefore, could only have had effect some time later. What conditions prevailed previous to that can be seen from some documents dating from 1941. In Document 1206-PS leading authorities advocated feeding the workers on horse and cat meat, and in Document USSR-177 the production of bread of very inferior quality is suggested. Just a short time before the Defendant Sauckel took office Himmler in a sharp decree ordered the confinement of the workers behind barbed wire. It is fair to say that an extremely low level in the treatment of the foreign workers at that time in the Reich had been reached. The conception which prevailed with regard to the powers of resistance and the working capacity of the Russians is tragic.

With the advent of the Defendant Sauckel a fundamental change took place, which led to a constantly increasing improvement of the situation. The credit for having effected a change here is, according to some documents I will cite, solely due to the Defendant Sauckel. This is shown in particular by Document EC-318, which is a record, dated 15 April 1942, of the first meeting between the Defendant Sauckel and Reich Minister Seldte and his specialist staff when taking office. It is recorded there that it was the Defendant Sauckel who made his assumption of office dependent on the condition that food supplies for foreigners must equal those for Germans, and that the granting of this request was guaranteed by Hitler, Göring, the Minister for Food, Darré, and his state secretary, Backe. It is also established there that the Defendant Sauckel demanded the removal of the barbed wire, and actually succeeded in this; and finally, that he immediately took steps against the low wages of the Eastern Workers. The execution of his fundamental demands was then also immediately followed through with tenacity by the Defendant Sauckel against the resistance of all authorities.

The program of the mobilization of labor of 20 April 1942, Document 016-PS, accordingly proceeds to inveigh against all acts of cruelty and chicanery and demands that foreign workers be correctly and humanely treated; a hope is even expressed that a propaganda effect in Germany’s favor ought to be achieved by the way in which labor allocation was carried out. This thought was frequently reiterated later. An economical allocation of workers was urged in order to counteract the waste indulged in by influential agencies.

A year later, on 20 April 1943, the Defendant Sauckel again addressed a declaration of the procedure to be followed to all persons concerned with labor commitment. This is the repeatedly mentioned “Manifesto of Labor Allocation,” Document Number Sauckel-81, which was issued as a warning and a call to battle addressed to all agencies preparing to challenge the serious responsibility of the Defendant Sauckel. Goebbels opposed it by claiming that the title was too assuming, while the propaganda aspect went beyond the bounds of the matter. Other agencies simply disregarded the copies sent to them and did not forward them, whereupon Sauckel sent copies directly to the industries concerned. How this circular was dealt with by the various recalcitrant agencies is shown by its description as a “notorious manifesto,” as it was referred to unchallenged in a session of the Central Planning Board on 1 March 1944; Document R-124, Page 1779.

The Defendant Sauckel was reproached for having been over-zealous. I refer to a remark made by General Milch (who was interrogated before the Tribunal), in which he mentions the Central Planning Board, criticizing the allegedly too lenient treatment of loafers, and declaring that if anything was undertaken against them, agencies would immediately become interested in Germany which would protect the “poor fellow” and intercede for the human rights of others. This is Document R-124, Page 1913.

The attitude of Defendant Sauckel was generally known and has been confirmed by various documents. Thus all the agencies addressed themselves to him in case of complaints and deficiencies, not in order to make the Defendant Sauckel responsible for them, but to solicit his help, because everybody knew how eagerly he advocated improvements.

Thus Document 084-PS, which is a report by Dr. Gutkelch of the Central Agency for Eastern Nations of the Rosenberg Ministry, dated 30 September 1942, emphasized in various places the influence of the Defendant Sauckel and recommends getting into closer touch with him. His Codefendant Rosenberg also points to Sauckel’s strenuous efforts in Document 194-PS, Page 6, a letter of 14 December 1942 to Koch, Reich Commissioner for the Ukraine. The Codefendant Frank likewise on 21 November 1943 applied to the Defendant Sauckel—Document 908-PS—for a basic change in the legal position of Poles inside the Reich.

To what extent do real events correspond with that which has been stated? The first point to be dealt with is the mobilization, which is practically identical with the point of deportation. Then follows the examination of the treatment of workers as designated by the term “slave labor.”

The evidence has refuted the erroneous assumption that the Defendant Sauckel carried out the enlistment and mobilization of foreign workers on his own responsibility and through his own organization. It has been established that the supreme authorities in the occupied territories executed the laws regarding compulsory work as they had received them on Hitler’s orders. All these agencies had their own administrative system and guarded their departments against the intrusion of others.

A communication of the Rosenberg Ministry of the East to Koch, the Reich Commissioner for the Ukraine, dated 14 December 1942, Document 194-PS, Page 7, in which the Codefendant Rosenberg particularly refers to the right of sovereignty existing in questions of labor allocation, proves that this administrative system had not been infringed upon. These supreme authorities had their own labor offices which were organized in detail from each ministry down to the least important office. In reference I wish to cite Document 3012-PS, an ordinance of 6 February 1943, by the Supreme Command of the Army, dealing with compulsory work in the Eastern operational sector, and Document RF-15, an ordinance of 6 October 1942.

The Defendant Sauckel could merely place requests with these agencies for the number of workers he was ordered to bring to Germany, and give them the necessary instructions. These were his limitations, which he never exceeded. He respected the right of execution as opposed to the right of issuing instructions. For these tasks deputies were appointed for each territory who, in accordance with the ordinance of 30 September 1942, Exhibit USA-510, were directly subordinate to the Defendant Sauckel; they did not however belong to his agency, but to the territorial authorities. It was expressly confirmed by the witness Bail, called by the Codefendant Rosenberg, that this applied to the chief deputy in the East, State Counsellor Peuckert who belonged to the staff of the Eastern Ministry.

This State Counsellor Peuckert was at the same time consultant for the Economic Staff East for the rear army area which bordered on the territory under civil administration; here too he acted only in an accessory capacity as deputy of the Defendant Sauckel. This is proved by Document 3012-PS, which is a memorandum dealing with a conversation of 10 March 1943 concerning labor allocation, in which the position of Peuckert is noted on the attendance list. Through this arrangement with regard to Peuckert’s functions, created in the interest of the territorial authorities, all personal interference by the Defendant Sauckel was made impossible. In Document 018-PS, that is, in the letter to the Defendant Sauckel dated 21 December 1942, the Codefendant Rosenberg complains about the methods of labor mobilization in the East; but this must be considered as the complaint of a minister who is unable to assert himself against his subordinates and turns toward the presumable sources of the difficulties he is encountering.

It is true that these difficulties could have been removed immediately if the Defendant Sauckel had refrained from insisting on the fulfillment of his mission. But this fulfillment was the very task, specified in the decree of appointment as having to be effected under all circumstances.

The Defendant Sauckel had to fight against all obstacles due to weakness or departmental egotism, and had to see to it that local agencies did not out of a desire to let things ride fail to supply the required manpower, while other offices held it back out of selfish interests. “With all means” and “ruthlessly” are recurring expressions employed in combating these symptoms.

General Falkenhausen, the military commander in Belgium and northern France, during his hearing erroneously declared in Document RF-15 that the Defendant Sauckel forced him to mobilize labor and had carried this out by the aid of a special “organization” of his own. However, he had to admit that this was incorrect when the order signed by himself about the introduction of compulsory labor was put before him. This is also confirmed by the statements of the witnesses Timm and Stothfang.

In France workers were mobilized by the French administration. The superior German office was not the office of the Defendant Sauckel, but of the military commander in France, where Sauckel had only a deputy. The negotiations which the Defendant Sauckel conducted in Paris and which were the subject of the evidence lie outside of this activity; they are negotiations of a diplomatic nature between the German and French Governments in which Sauckel participated. They were held in the German Embassy.

Conditions and circumstances in the other territories were analogous. The recruiting commissions, which corresponded to the labor mobilization staffs in the rear army areas and the operational zones, were also by no means offices of the Defendant Sauckel, as the Codefendant Rosenberg assumes. These recruiting commissions were vaguely connected with the Defendant Sauckel only insofar as they were composed of experts who emanated from the German labor offices belonging to Sauckel’s department. They received directives only through their superior office, in order to guarantee uniform handling of all recruiting regulations. Regulation Number 4 in Document Number Sauckel-15 is very clear on this point. This advance appointment of the deputies as of 30 September 1942, which was already issued on 7 May 1942, provides for the sole responsibility of the military and civil authorities of the occupied territories. The deputies mentioned there as having been assigned the same functions, are the deputies with the German missions in friendly foreign countries.

This was misunderstood by the Prosecution, so that wrong conclusions were arrived at, to the disadvantage of the Defendant Sauckel, about the responsibility for recruiting and transport. The interpretation of the provision that all technical and administrative procedures of labor allocation were exclusively within the competence and responsibility of the Defendant Sauckel is also incorrect as far as occupied territory is concerned. This stipulation refers solely to the functions in the Reich and establishes the competence of the Plenipotentiary General for the Allocation of Labor, of the district labor offices, and the labor offices; this can be seen from Document 016-PS, last paragraph.

The Defendant Sauckel, therefore, is not directly responsible for the conscription of manpower. Indirectly, however, responsibility can be charged to him in that although he was aware of these unsatisfactory conditions and knew that they could not be stopped, he nevertheless demanded more workers.

It must be added that in the Defendant Rosenberg’s letter of 21 December 1942, Document 018-PS, the Defendant Sauckel learned for the first time of the recruiting methods which were described as mass deportation. At the meeting which followed in the beginning of January 1943, the Defendant Rosenberg declared that he was opposed to this and that he would not tolerate such procedures. This is also confirmed by his previous letter of 14 December 1942 addressed to Koch, Reich Commissioner for the Ukraine, Document 194-PS, in which he clearly calls the latter’s attention to his obligations to proceed legally.

Koch’s memorandum of 16 March 1943, Document Rosenberg-13, of which the Defendant Sauckel learned only here at the Trial, explains that these incidents are exaggerated individual cases, their justification being based on the necessity of carrying out measures for the restoration of the prestige of the occupation authority. It is expressly declared in this that the recruitment of workers was undertaken by legal means and that steps were being taken in the event of arbitrary measures, Document Number Rosenberg-13, Pages 11 and 12.

It was not altogether impossible that it might have been a matter of tricky propaganda exaggerations, as Koch specifically points out. In wartime such a possibility exists, and the propaganda tendency of the Molotov reports (Document USSR-151) goes to emphasize this.

The Defendant Sauckel was also supported in this idea by the result of an investigation into the details of a “manhunt” which was reported to him at Minsk by Field Marshal Kluge; it turned out to be a round-up of workers employed by a private firm at the time of the retreat.

The Katyn case shows how difficult it is to determine the truth of such events when they are made use of as effective weapons of propaganda. As the witnesses from the Defendant Sauckel’s office have confirmed, no other incidents involving such abuses have become known. The cases reported are to a certain extent obviously repetitions of the same happenings as communicated from various sources.

None of these reports, however, displays any desire to approve of such things; they are a sort of house alarm for the purpose of remedying and improving conditions.

Now, can one believe the Defendant Sauckel when he declares that he did not know about the conditions alleged by the Prosecution? What reached him through official channels is insufficient as proof of cognizance, and the witnesses confirm that the so-called “methods” were unknown. On the other hand we find here documents of the authorities of the occupied countries from which it appears that the Reich Commissioner in the Ukraine ordered the burning down of houses in retaliation for resisting the administration, and there are decrees providing for such measures. Reports made to the Eastern Ministry regarding such events do not lead to penal prosecution but to suspension of the proceedings, such as the Raab case (Document 254-PS) and the Müller case (Document 290-PS).

Any doubt must be countered with the following: The measures employed were not approved by the highest instances, and were only surreptitiously applied by the lower offices who therefore had every reason not to let them become known. From the files on the preliminary proceedings of the cases of Raab and Müller it definitely appears that the existing regulations were unknown at the ministry.

The Defendant Sauckel did travel through the Ukraine, but it is unlikely that his attention should have been called to matters which might have got the local offices into trouble. The views of the Defendant Sauckel were well known, while on the other hand there existed a violent quarrel between the offices of Reich Commissioner Koch and Reich Minister Rosenberg. When the documents from both offices such as have been submitted are read carefully, it can be seen from the file notes that in this struggle both sides were collecting arguments and that neither wished to commit itself. Since the Defendant Sauckel himself had no direct authority, it is understandable that actual conditions should have remained unknown to him. Still another point of view must be considered: various documents mention that a certain pressure would have to be applied in the procurement of workers, since the workers were to be obtained “under all circumstances.” Does this sanction all methods? It remains to be seen what was actually done in pursuance of these statements.

The OKH in one case thereupon ordered the increased mobilization of workers and permitted collective conscription, while prohibiting collective punishment. In this connection see Document 3012-PS, containing a telephone message from the Economy Staff East to General Stapf of 11 March 1943.

The best illustration can be found in that same Document 3012-PS by a file note concerning a discussion of 10 March 1943. Here General Nagel requests clear guiding principles and State Counsellor Peuckert asks for “reasonable” recruitment methods to be established by the OKH as the authorized agency. Document 2280-PS is also relevant here, which is the only personal statement made in Riga on 3 May 1943 on this question by the Defendant Sauckel. There he states that only “all permissible means” are allowed.

Document 3010-PS, Economy Inspection South, may also be quoted, in which on 17 August 1943 the use of “all suitable means” is permitted.

Orders are issued which contain severe measures in case of noncompliance with the duty to work: deprivation of ration and clothing cards. Imprisonment of relatives is threatened, as well as the taking of hostages.

What is the position as to the admissibility of such measures?

The deprivation of food cards has today become a generally applied means of coercion based on the rationing system, which derives from present-day conditions. It is easily carried out and does not require any special executive force, while being extremely effective. Concerning the imprisonment of relatives, severe violations of personal custody can be recorded even today. The Hague Convention on Land Warfare offers protection only against collective punishment of the population, but it does not protect the members of the family who may be considered as sharing the responsibility in the case of a refusal to work. The French law of 11 June 1943, which was presented as Document RF-80, also provides for such imprisonment only in the case of deliberate co-operation.

There finally remains the shooting of a prefect, which the Defendant Sauckel demanded. Apart from the fact that this statement as such is irrelevant from the point of view of criminal law, because it was not actually carried out, its legal import is merely a request to apply the existing French law. This law has been submitted by the Prosecution as Document RF-25, a decree of 31 January 1943 by the military commander in France, Article 2 of which provides for the death penalty.

Equally misunderstood by the Prosecution is a statement uttered by the Defendant Sauckel according to which one should handcuff the workers in a polite way (Document RF-86, Page 10, negotiation by Sauckel in Paris on 27 August 1943). But as appears from the context, the point in question is merely a comparison between the clumsy manner of the Police and the obliging manner of the French; handcuffing was not thereby especially advocated as a method of mobilization: Clean, correct, and Prussian on the one hand while at the same time obliging and polite on the other; that is how the work was to have been done.

I also refer to the proposal for “shanghaiing” as described in Document R-124, Page 1770, which is known to the Tribunal from the proceedings. The statement which the Defendant Sauckel has made gives an understandable explanation; according to it, this was legally a preliminary recruitment intended to induce the workers to agree to the real enlistment later on in the official recruitment offices.

These various incidents—shooting of a prefect, handcuffing, and shanghaiing—may be explained in various ways, but one can reach a complete understanding of the subjective side only if one considers why these statements were made, and under what conditions. The underlying reason for all these statements is the struggle against resistance and sabotage which in France assumed ever greater proportions. Therefore it is not a question of brutality and cynicism; rather were these statements intended to counteract the indecision displayed by the authorities.

Another consideration which must be appended here is whether the Defendant Sauckel had not exhausted the manpower of the country by his measures to such an extent that more workers could only be obtained by inhuman methods and that the Defendant Sauckel must have known this. The important point here is the figure for the “quotas.” It has been established that they were high, but it has also been established that they were not fixed arbitrarily, but only after a careful study by the statistical department. Only a small percentage of the population was actually apprehended, and the decisive issue was not so much their inability to perform the work required as their will to offer resistance. In the occupied territories of the East were large reserves of manpower, especially among older adolescents, which were not effectively utilized. The German troops, their ranks greatly thinned, saw the densely populated villages during their retreat, and then felt the impact of the enemy thus reinforced shortly afterward.

In France there were likewise many forces which placed themselves under the protection of the Maquis or the “blocked factories.” This is confirmed not only by the French Government Report, Document Number RF-22, but is also apparent from a remark which Kehrl, a witness for the Codefendant Speer, made in the Central Planning Board on 1 March 1944, Document R-124, Page 66. This witness states there that labor was available on an abundant scale in France.

Another conclusive contribution here is Document 1764-PS, Page 6, which is the report by Minister Hemmen of 15 February 1944, which deals with the “Reconstruction Program” of Marshal Pétain, and points out that the population was unscathed by war and was increasing by 300,000 young men every year.

If the number of workers mobilized is deemed to be of importance in this connection, it must be compared with the total population figures, while on the other hand it should be taken into consideration that Germany did not demand anything which she did not ask of herself to an even higher degree. The Defendant Sauckel was forced to the conclusion that the people, instead of being unable to work, did not want to do so. In order to influence the people the propaganda struggle intensified, and threats of punishment were proclaimed by both parties; this first engendered in the population of the occupied territories a conflict of feelings which was the undoing of many.

The Defendant Sauckel could with good reason refer to the results of the counterpropaganda and of the deteriorating war situation as necessitating coercion; he could not, however, on the basis of the information at his disposal become convinced that the exhaustion of the countries was so great that nothing more could be extracted from them without the use of inhuman methods. The Defendant Sauckel believed he could obtain his object by creating special working conditions rather than by using violence. As an example I refer to the promise which Sauckel himself gave on 3 May 1943 in Riga, Document 2228-PS.

Apart from all this there is one more field of labor procurement which must be put in a different category. That is the liberation of prisoners of war on condition that labor forces be made available for Germany by “relève” or “transformation.”

The French Government Report RF-22 declares both methods of procuring labor forces to be inadmissible. It is pointed out in the report that the exchange on the basis of “relève” amounted to the enslavement of a roughly threefold number of French workers. Against this it must be stated that the replacement workers came only for 6 months for voluntary work and in succession. At the end of 18 months all workers were free, while the prisoner was liberated immediately.

Coercion for the execution of the “relève” did not exist. From a legal point of view it was not assailable. Captivity can be terminated at any time; release may be made subject to a condition. The French report unduly stresses its moral indignation in quoting a phrase of the president of a news agency of the United States; this phrase speaks of the “abominable choice of either to work for the hereditary enemy or to deprive a son of one’s own country of a chance of release from captivity.”

To refute this, I refer to the healthy sentiment according to which in the older Russian literature such a change was applauded as a patriotic and magnanimous deed during the Nordic War. Neither the King of Sweden nor Peter the Great seems to have considered exchange as equal to replacement by a substitute slave.

The “transformation” (“Erleichtertes Statut”) is contained in Document Number Sauckel-101. This is the release of a Frenchman from captivity if he accepts other work, or under condition that an additional French worker should come to Germany according to the “relève” regulations. No prisoner of war was forced in this manner to change his legal status, but whole camps volunteered for it. If a prisoner made use of the possibility offered, he forfeited thereby the special legal protection of the Geneva Convention with regard to work; but this was done in agreement with his government, and thus does not constitute a violation of international law.

The home furlough connected with the change-over was discontinued because the men granted these furloughs did not return, even in the case of the first convoys. The French Report, RF-22, itself states on Page 69 that of the 8,000 men forming one leave convoy, 2,000 did not return. The report states that the “unfortunate people” were placed before the alternative: “Either you return, or your brothers die.” This consideration, however, did not impress them. Nor could their promise prevent them from immediately joining the Maquis.

The cancellation of these home furloughs does not therefore constitute an arbitrary act in slave labor. Perusal of the French report can only strengthen that impression.

It follows therefore that no conscription of workers, violating the laws of war or carried out in an inhuman manner, was effected by the Defendant Sauckel in this field either.

I now come to the question of the treatment of workers.

In order to facilitate proper judgment, a clear distinction must be made between the different bearers of responsibility. The works manager was responsible for general labor conditions in the works, while the general conditions of life outside the works were the competence of the German Labor Front.

These spheres of responsibility become clearly apparent through the fact that two exponents for them are mentioned in the Indictment, namely, Krupp and Dr. Ley. The Defendant Sauckel can be held responsible for what happened in these spheres only insofar as events were due to his decrees, or where, contrary to his duty, he failed to exercise direct supervision. The Defendant Sauckel was directly responsible for the wages. On assuming office he found a table of wages which he could not modify on his own responsibility; to do so he had to apply for permission to his superior office, which was the Four Year Plan, and for the consent of the competent Reich minister. The legal regulations compiled in the chapter on wages of my Document Book 2 show that the basic decrees were not issued by the Defendant Sauckel, but by the Ministerial Council for the Defense of the Reich (see Documents Sauckel-50, 17, and 58) and the Reich Minister of Economics (Document Sauckel-51) and the Reich Minister of Finance (Document Number Sauckel-52).

The Defendant Sauckel could schedule wages and fix wages for piece work only within the general outlines existing for him, and in so doing he had to consider the interests of the ministries in question. So far as it was at all possible for the Defendant Sauckel to do so, he worked for an amelioration; thus a series of his decrees show that he granted premiums such as bonuses, compensatory payments, and the like [see Document Numbers Sauckel-54 and 58(a)].

The Defendant Sauckel’s activity, however, could on the whole only aim at increasing wages by influencing the competent agency. This is shown in Document 021-PS of 2 April 1943. There we find as appendix a treatise with statistical material bearing on a proposal for a basic improvement of wages for Eastern Workers. From a study of wage sheets dating from different periods it will also be seen that the average wages of Eastern Workers were raised several times during the Defendant Sauckel’s term of office.

It was for the Defendant Sauckel to determine the working hours, but only within the framework of the superior competence of the Reich Minister of Labor Seldte. This is shown by Document Number Sauckel-67, where Seldte fixes the working hours for Eastern Workers in Paragraph 3 of the Decree of 25 January 1944. Generally speaking, the working hours were the same as for the German workers, depending upon the output in each factory. This is also admitted by the French Government Report, Document UK-783; the cases enumerated there, on Page 580, of excessive working hours are contrary to the orders of the Defendant Sauckel.

Since they do not specify any year, it cannot be ascertained if they deal only with temporary measures or with permanent conditions. The same lack of clarity obtains in the French Report RF-22, Page 101; there the minimum working time is given as 72 hours, which was liable to increase to 100 hours. This may refer to the work of concentration camp inmates. Working hours were then changed by Goebbels, who on the basis of his powers of plenipotentiary for the waging of total war introduced the 10-hour day for Germans and foreigners alike, although in practice this could not be applied generally. Unreasonably long working hours cannot be maintained and will lead to setbacks. I should like to add that Sauckel was responsible for the fact that these extra hours were paid for, or compensated, in the same manner as overtime work.

Special attention has been paid by the Prosecution to the regulation of the working hours of female domestic workers from the East, of whom, instead of the 400,000-500,000 girls originally demanded by Hitler; only 13,000 actually came to Germany. The Prosecution has presented the instructions for the employment of these female domestic workers as Document USSR-383. There it says under Number 9 that they shall not be entitled to take time off. The purpose of this was to leave the settlement of their time off to each household according to convenience. Any other interpretation of the regulation is hardly imaginable, because after all it was intended permanently to receive these female domestic workers into the families, and to give them the chance to remain in Germany. They had been selected as girls who were considered particularly dependable, and had all reported voluntarily for domestic work. In the light of new experiences the order was later modified by a subsequent decree (Document Number Sauckel-26), by which all remaining limitations were also canceled.

Determination of working hours for children took place within the scope of the German labor protection legislation. This referred to children who, contrary to the decrees of the Defendant Sauckel, had come to Germany with their parents in an irregular manner. Their work can have concerned only rural occupations, since that applies equally to German children. In this context it may be pointed out that during the war schoolchildren in Germany as from 10 years of age could be employed for work in accordance with the decree of the Reich Youth Leader of 11 April 1942 [Document Number Sauckel-67(a)].

A general survey by Dr. Blumensaat in the complete Document Number Sauckel-89 provides full information about the entire complex of wages and working hours as finally established by laws.

This factor of immediate responsibility alone, however, cannot serve the Defendant Sauckel as an excuse, if he knew and tolerated those things which, according to the Prosecution’s assertion, characterized the transports and life in the camps and factories. It was his duty to superintend even where he was not directly responsible.

The accommodation and feeding of the workers was the responsibility of the industries. With regard to the installations of the camps for foreigners, the same regulations as for the camps for German workers applied by virtue of decrees by the Reich Minister of Labor, Seldte (Documents Number Sauckel-42, 43 and 44). It is indisputable that the accommodation suffered as a result of difficulties, in particular from the effects of air warfare. The deficiencies, however, were remedied as far as at all possible. The situation of the foreign workers was not different from that of the German civilian population.

The food supply suffered from the blockade and transportation difficulties. The established rations, contrary to the notorious statements on the feeding of the Russians, amounted to 2,540 calories for the Soviet prisoners of war, according to the table of 24 November 1941 in Document USSR-177. A further table has been submitted with the affidavit of the witness Hahn as Exhibit Number Sauckel-11. According to this rations in the Krupp works amounted to 2,156 calories for the ordinary Eastern Worker and 2,615 calories for those performing heavy work; supervision insured a proper distribution.

The Reich Ministry of Food was responsible for the supply of food. Grave accusations have been made by the Prosecution with regard to both points. These, however, can only apply where the existing regulations were not observed. It is quite likely that mistakes should have been made in this large sphere of activity in the course of years, but the general picture is not composed of mistakes, and judgment cannot be based thereon. The actual conditions have not been clarified in this procedure to the extent that one might contend that deficiencies were so general and obvious that the Defendant Sauckel must have known them, and did in fact know them.

In contrast to the vague statements of the witness Dr. Jäger we have the affidavit of the witness Hahn, which refutes the former to a large extent. The affidavits of the witnesses Scharmann and Dr. Voss (Exhibits Number Sauckel-17 and 18) confirm that no serious deficiencies existed in their spheres of activity.

In addition to the obligations on the part of the works managers, the German Labor Front had to look after the foreign workers (Document Number Sauckel-16). Its tasks included transports and the supervision of medical care, as well as general welfare activities. The extensive activity which this very large organization developed has not been described in these proceedings. The basic principles of the German Labor Front can be seen from Document Number Sauckel-27, which is the ordinance of the German Labor Front regarding the status of foreign workers at their working site. The aim is characterized as maintenance of morale by observing conditions of contracts, absolutely fair treatment, and comprehensive care and attention.

The German Labor Front was also responsible for transports, according to Regulation Number 4 (Document Number Sauckel-15), wherein Sauckel’s instructions are contained. This task included transport as far as the working site. The witnesses Timm, Stothfang, and Hildebrandt have testified about this and did not report anything about bad conditions. The description in the Molotov Report (USSR-51) cannot refer to transports carried out under orderly direction, but only to so-called “pirate” convoys. The same applies to convoys which, according to the Indictment, were heading for the concentration camps. The special attention which the Defendant Sauckel from the very beginning accorded to the transport problem, is shown particularly by Document 2241-PS, submitted by the Prosecution. It contains a decree where detailed directives to prevent the utilization of unsuitable trains are given.

However, mistakes did occur, especially the incident mentioned in Document 054-PS in connection with a return transport of workers. These had been brought into the Reich before Sauckel’s time in a manner contrary to his basic principles. The matter was an isolated incident, and the necessary steps were immediately taken. The return of sick persons unfit for travel was prohibited, and Bad Frankenhausen was placed at their disposal, Document 084-PS, Page 22. This was followed by the order specifying the attendance at such transports of male and female Red Cross nurses (Document Number Sauckel-99).

The carefully and thoroughly organized system of medical care, which operated in collaboration with the Association of Panel Doctors did not break down in the face of the greatest difficulties; rather is it a fact that no epidemics or serious diseases broke out.

The cases presented by the Prosecution from some camps among the total of 60 run by Krupp’s can only have arisen out of an unusual chain of circumstances. They cannot prove that bad conditions, of which these examples might have been typical, prevailed generally.